Construction of Initial Improvements a. Landlord shall construct the Initial Improvements in accordance with the Final Plans.
b. If Tenant requests Landlord to perform additional work to the Premises outside the scope of the Final Plans, then such work shall be performed by Landlord at Tenant’s expense. Prior to commencing any such work requested by Tenant, Landlord will submit to Tenant written estimates of the cost of any such work. If Tenant fails to approve any such estimate within ten (10) days, then the same shall be deemed disapproved in all respects by Tenant, and Landlord shall not be authorized to proceed thereon.
c. If Tenant fails to supply to Landlord any of the above-specified information within twenty (20) days after the dates so specified, then Landlord may, at its option, declare a Default under the Lease and exercise any of Landlord’s remedies for Default thereunder, including terminating the Lease. If Landlord so terminates the Lease, Tenant shall pay Landlord for all costs and expenses incurred by Landlord in refurbishing the Premises for Tenant within ten (10) days after Tenant’s receipt of Landlord’s invoice for same.
d. Upon Substantial Completion (defined below), Landlord will assign to Tenant, on a nonexclusive basis, all warranties available from the contractors, subcontractors, suppliers, manufacturers, and materialmen for construction of the Initial Improvements. “Substantial Completion” shall mean the date Landlord has completed construction of the Initial Improvements in substantial compliance with the Final Plans (exclusive of any equipment, furniture or fixtures to be installed by Tenant and exclusive of any items on the Punch List, as defined below) and Landlord has obtained a certificate of occupancy for the Premises (as constructed with the Initial Improvements). Tenant’s sole and exclusive remedy for any defects in materials and/or workmanship shall be for the repair of such defects, or the replacement of the portion of the Initial Improvements affected by such defects, under the aforementioned warranties, and Landlord shall not be responsible for any defect of any nature in the Initial Improvements. Landlord makes no warranties, expressed or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose, in connection with the Initial Improvements. Tenant’s sole remedy for breach of any applicable warranty shall be the remedy set forth in this Section. Tenant agrees that no other remedy, including without l...
Construction of Initial Improvements. Lessee hereby is granted permission, at Lessee's sole cost and expense, to design, develop and construct upon the Premises the Initial Improvements.
Construction of Initial Improvements. Tenant shall construct on the Premises a bank branch office building not exceeding Three Thousand (3,000) square feet and such other buildings, structures and other improvements as may be necessary for the operation of a bank branch office, including, without limitation, a paved parking area (such 7 buildings and structures and improvements are hereinafter collectively referred to as the "Initial Improvements" and, when referred to in addition to all other improvements of a similar or different nature, are together referred to as the "Improvements"), in accordance with and subject to the following terms and conditions:
(a) All plans and specifications for the Initial Improvements (the "Plans and Specifications") shall be submitted to Landlord by Tenant within thirty (30) days of the Effective Date hereof. Such Plans and Specifications shall be subject to the prior written approval of Landlord, which approval will not be unreasonably withheld. Such approval will be deemed to have been made if no response is received from Landlord within fifteen (15) days of the date of receipt of same by Landlord. All work to be performed by or on behalf of Tenant shall conform to the Plans and Specifications, shall be of good quality and workmanship, and shall be free of all structural defects. Tenant shall not make any material changes to the Plans and Specifications without the prior written consent of Landlord, not to be unreasonably withheld, and any such changes shall not, in any event, reduce the value of the Improvements.
(b) The Plans and Specifications submitted to Landlord shall (i) be in accordance with all applicable laws, rules, codes and ordinances, and (ii) specify quality of materials.
(c) If the Plans and Specifications, including variances requested by Tenant as part of the Plans and Specifications, are not approved by the appropriate agencies of the Metropolitan Government of Nashville and Davidson County, Tennessee within one hundred eighty (180) days of the Effective Date, despite Tenant's diligent and good faith efforts to obtain such approvals, then Tenant may terminate this Lease upon written notice to Landlord, provided that all Rent and all other amounts due Landlord under the Lease up to the date of termination are promptly paid to Landlord. If 180 days have elapsed since the submission of such Plans and Specifications without approval then Landlord may terminate this Lease upon written notice to Tenant. If Landlord has not approved the Plans and...
Construction of Initial Improvements. (a) Upon approval and payment (to the extent required under this Agreement) by Lessee of the Initial Improvement Cost, Lessor shall cause the Contractor
(b) Lessor shall endeavor to substantially complete construction of the Initial Improvements as soon as is reasonably practicable.
Construction of Initial Improvements. 14 6.2 Construction of Improvements and Demolition of Improvements................................. 15 6.3
Construction of Initial Improvements. Tenant may (i) demolish and ------------------------------------ remove all improvements existing on the Premises as of the date of this Lease, with all salvage belonging to Tenant and without any obligation to reimburse Landlord for the cost or value of the improvements so demolished, and (ii) design, engineer, construct, maintain and operate improvements upon the Premises to enable Tenant to conduct the uses described in paragraphs 5.1A and B.
Construction of Initial Improvements a. Upon the full execution of the Service Agreement and the approval by both parties of the Final Plans, Service Provider shall proceed to construct the Initial Improvements in accordance with the Final Plans.
b. If Customer desires to change the Final Plans, Customer shall, at its expense, provide to Service Provider plans and specifications for such change(s). All such plans and specifications shall be subject to Service Provider’s written approval, which will not be unreasonably withheld.
c. If Customer requests Service Provider to perform additional work to the Premises outside the scope of the Final Plans, then such work shall be performed by Service Provider at Customer’s expense. Prior to commencing any such work requested by Customer, Service Provider will submit to Customer written estimates of the cost of any such work. If Customer fails to approve any such estimate within ten (10) days, then the same shall be deemed disapproved in all respects by Customer, and Service Provider shall not be authorized to proceed thereon.
d. If Customer fails to supply to Service Provider any of the above-specified information within twenty (20) days after the dates so specified, then Service Provider may, at its option, declare a Default under the Service Agreement and exercise any of Service Provider’s remedies for Default thereunder, including terminating the Service Agreement. If Service Provider so terminates the Agreement, Customer shall pay Service Provider for all costs and expenses incurred by Service Provider in refurbishing the Premises for Customer within ten (10) days after Customer’s receipt of Service Provider’s invoice for same.
e. Upon Substantial Completion (defined below), Service Provider will assign to Customer, on a nonexclusive basis, all warranties available from the contractors, subcontractors, suppliers, manufacturers, and materialmen for construction of the Initial Improvements; Customer shall have the right to review and approve the form of such warranties. “Substantial Completion” shall mean the date the applicable certificate of occupancy is issued with respect to the Initial Improvements. Customer’s sole and exclusive remedy for any defects in materials and/or workmanship shall be for the repair of such defects, or the replacement of the portion of the Initial Improvements affected by such defects, under the aforementioned warranties, and Service Provider shall not be responsible for any defect of any nature in the Initial Improvemen...
Construction of Initial Improvements. SECTION 2.1 PLANS - CONSTRUCTION - COST OF WORK - TENANT IMPROVEMENT ALLOWANCE...
SECTION 2.2 COMPLETION OF IMPROVEMENTS..
(a) Completion Date for Initial Improvements....
Construction of Initial Improvements. Landlord and Tenant acknowledge that Tenant has agreed to construct the Initial Improvements subject to Landlord's performance of Landlord's obligations under Section 11.13
Construction of Initial Improvements. (a) Landlord shall cause its contractor(s) to proceed to secure a building permit and commence construction. Tenant shall cooperate with Tenant in executing permit applications and performing other ministerial acts reasonably necessary to enable Landlord to obtain needed permits and certificates of occupancy (which may be temporary), if required. Minor changes, modifications or alterations to the Final Plans may be made without the prior written consent of Tenant, and shall become part of the Plans.
(b) Landlord shall use its diligent and commercially reasonable efforts to construct the Initial Improvements within sixty (60) days following the Commencement Date. Exhibit C INITIALS Landlord_________ Tenant_________
