Construction of Tenant Improvements. Landlord shall obtain all state and local licenses, permits and approvals (whether governmental or non‑governmental) required to construct the Tenant Improvements and for Tenant's occupancy of the Premises. Landlord shall provide access to the General Contractor for Construction of the Tenant Improvements and to the extent such access requires entry through space occupied by other tenants, Landlord shall provide for such access at its sole cost and expense. The Landlord shall engage, subject to Tenant’s reasonable approval, a general contractor to construct the Tenant Improvements (the “General Contractor”). The General Contractor shall construct and install the Tenant Improvements in accordance with the Plans which expense shall be deducted from the Tenant Improvement Allowance. The Tenant Improvements shall be delivered via Associated General Contractors (AGC) Guaranteed Maximum Price Contract (the "Contract") with Liquidated Damages of $500.00 per day for each day of delay in achieving in substantial completion beyond the date specified in the Contract, which date shall be no later than October 1, 2010, and a payment and performance bond. Any Liquidated Damages (less cost of collection) paid to Landlord shall accrue to the Tenant; provided, however, any paid Liquidated Damages for any Tenant Delay shall accrue to Landlord. The General Contractor shall obtain at least three (3) bids for all major trade work at the Premises. Landlord will work with the General Contractor to complete the Tenant Improvements by the Commencement Date. All contracts with vendors and subcontractors for construction of the Tenant Improvements will be negotiated by the General Contractor. All work performed in connection with the construction of the Premises shall be performed in a good and workmanlike manner, in accordance with all Applicable Laws and the final approved Plans. If materials are not readily available, require quick ship charges, or require substitution, the Tenant will be given notice and the opportunity to select alternate materials. Landlord shall insure that the Architect conducts a periodic review (a minimum of once every two weeks) of the progress of construction to ensure compliance with the Plans. Tenant may from time to time request in writing changes to the Plans (a “Change Order”), subject to Landlord’s consent, which shall not be unreasonably withheld. Landlord shall cause Contractor to provide an estimate of any change in the Construction Cost and/or Schedule. Tenant shall have the right to elect whether or not to proceed with the Change Order within five (5) business days after receipt of such estimate. Upon such approval by Tenant, or confirmation by Landlord that the Change Order will not result in any change in cost and/or Schedule, Landlord shall implement the Change Order as part of the Tenant Improvements. Tenant acknowledges that the following items may result in changes to the Budget and/or Schedule: (i) Municipal or other governmental inspectors require changes to the Premises such as code compliance changes. In such event, Landlord will notify Tenant of the required changes, but the increased cost of such changes, if any, and any delay associated with such changes shall be the responsibility of Tenant. (ii) Change Orders approved by Tenant. Any increased costs and delays due to such approved Change Orders shall be the responsibility of Tenant. Any delays caused by such approved Change Orders shall not delay the Commencement Date of the Lease. Landlord shall not charge Tenant any administrative fees in respect of any Change Orders. Tenant shall have five (5) business days to review and approve all Change Orders and any additional review time by Tenant shall be a Tenant Delay. (iii) If materials are not readily available, require quick ship charges, or require substitution, provided Landlord shall identify any such materials within ten (10) days of final approval of the Plans, and in any such case, Tenant will be given notice and the opportunity to select alternate materials. (iv) Any Tenant Delay.
Appears in 3 contracts
Samples: Lease Agreement (Precision Biosciences Inc), Lease Agreement (Precision Biosciences Inc), Lease Agreement (Precision Biosciences Inc)
Construction of Tenant Improvements. After the Landlord shall obtain all state and local licenses, permits and approvals Ground Lessor (whether governmental or non‑governmentalin accordance with Paragraph 12 hereof) required to construct the Tenant Improvements and for Tenant's occupancy of the Premises. Landlord shall provide access to the General Contractor for Construction of the Tenant Improvements and to the extent such access requires entry through space occupied by other tenants, Landlord shall provide for such access at its sole cost and expense. The Landlord shall engage, subject to approve Tenant’s reasonable approvalPlans and Tenant receives any necessary building permits, a general contractor to construct Tenant shall administer and diligently prosecute the Tenant Improvements (the “General Contractor”). The General Contractor shall construct and install the construction of Tenant Improvements in accordance with the Plans which expense shall be deducted from the Tenant Improvement Allowance. The Tenant Improvements shall be delivered via Associated General Contractors (AGC) Guaranteed Maximum Price Contract (the "Contract") Tenant’s Plans, in compliance with Liquidated Damages of $500.00 per day for each day of delay in achieving in substantial completion beyond the date specified in the Contract, which date shall be no later than October 1, 2010applicable Laws, and a payment and performance bond. Any Liquidated Damages (less cost of collection) paid to Landlord shall accrue to the Tenant; provided, however, any paid Liquidated Damages for any Tenant Delay shall accrue to Landlord. The General Contractor shall obtain at least three (3) bids for all major trade work at the Premises. Landlord will work with the General Contractor to complete the Tenant Improvements by the Commencement Date. All contracts with vendors and subcontractors for construction of the Tenant Improvements will be negotiated by the General Contractor. All work performed in connection with the construction of the Premises shall be performed in a good and workmanlike manner, in accordance with all Applicable Laws and the final approved Plans. If materials are not readily available, require quick ship charges, or require substitution, the Tenant will be given notice and the opportunity to select alternate materials. Landlord shall insure that the Architect conducts a periodic review (a minimum of once every two weeks) of the progress of construction to ensure compliance with the Plans. Tenant may from time to time request in writing changes to the Plans (a “Change Order”)using building standard material, subject to Landlord’s consentright, which at its election, to itself construct the Restroom Improvements. All Tenant Improvements (other than, if applicable, the Restroom Improvements) shall not be unreasonably withheld. Landlord shall cause constructed by Tenant’s Contractor to provide an estimate of any change in the Construction Cost (and/or Schedule. its subcontractors), and Tenant shall have the right be responsible for project management with respect to elect whether or not to proceed with the Change Order within five (5) business days after receipt of such estimate. Upon such approval by Tenant, or confirmation by Landlord that the Change Order will not result in any change in cost and/or Schedule, Landlord shall implement the Change Order as part construction of the Tenant Improvements. During construction of the Tenant acknowledges that the following items may result in changes to the Budget and/or Schedule:
Improvements, Tenant and its contractors and subcontractors (i) Municipal shall not interfere with the access to, use of, or business conducted within any other governmental inspectors require changes to the Premises such as code compliance changes. In such event, Landlord will notify Tenant portions of the required changesProject by other tenants or occupants, but the increased cost of such changes, if any, and any delay associated with such changes shall be the responsibility of Tenant.
(ii) Change Orders approved by Tenant. Any increased costs shall use diligent efforts to coordinate the timing of work, deliveries and delays due to such approved Change Orders shall other construction matters with tenants or occupants of the Project that could be the responsibility of Tenant. Any delays caused adversely impacted by such approved Change Orders shall not delay the Commencement Date work, deliveries and construction matters, including, without limitation, by scheduling work that would create noise, vibrations, dust or other similar annoyances to other tenants or occupants of the Lease. Project outside normal business hours, notwithstanding any additional cost (for overtime or otherwise) that Tenant may incur, (iii) shall clean and secure construction and staging areas daily, (iv) shall stage all construction and store all construction materials and equipment in a location designated by Landlord (in Landlord’s sole discretion) on the Project, and (v) shall not charge otherwise abide by all rules and requirements established or imposed by Landlord relating to the performance of the Tenant Improvements, including rules relating to any administrative fees in respect required shutdown of any Change Ordersutilities (including life-safety systems), storage of materials, and coordination of work with other tenant’s or occupant’s contractors. Tenant shall have five (5) business days to not be charged any construction management fee for Landlord’s review and approve all Change Orders and of Tenant’s Plans or any additional review time by Tenant shall be a Tenant Delay.
(iii) If materials are not readily available, require quick ship charges, or require substitution, provided Landlord shall identify any such materials within ten (10) days of final approval oversight of the Plans, and in any such case, construction of the Tenant will be given notice and the opportunity to select alternate materialsImprovements.
(iv) Any Tenant Delay.
Appears in 3 contracts
Samples: Sublease (Cloudera, Inc.), Lease Agreement (Cloudera, Inc.), Lease Agreement (Cloudera, Inc.)
Construction of Tenant Improvements. Promptly following approval of the Final TI Working Drawings, Landlord shall apply for and use reasonable efforts to obtain all state and local licenses, the necessary permits and approvals to allow construction of Landlord’s TI Work. Upon receipt of such permits and approvals, Landlord shall, at Tenant’s expense (whether governmental or non‑governmental) required to construct the Tenant Improvements and for Tenant's occupancy of the Premises. Landlord shall provide access subject to the General Contractor for Construction application of the Tenant Improvements Improvement Allowance provided in this Workletter, and to the extent such access requires entry through space occupied by other tenants, Landlord shall provide for such access at its sole cost and expense. The Landlord shall engage, subject to Tenant’s reasonable approvalany other applicable provisions of the Lease or of this Workletter expressly making any specific item of expense or cost the responsibility of Landlord), a general contractor to construct the Tenant Improvements (the “General Contractor”). The General Contractor shall diligently construct and install the Tenant Improvements complete Landlord’s TI Work substantially in accordance with the Plans which expense shall be deducted from the Approved TI Plans, subject to Unavoidable Delays and Tenant Improvement AllowanceDelays (if any). The Tenant Improvements shall be delivered via Associated General Contractors (AGC) Guaranteed Maximum Price Contract (the "Contract") with Liquidated Damages of $500.00 per day for each day of delay in achieving in substantial completion beyond the date specified in the Contract, which date shall be no later than October 1, 2010, and a payment and performance bond. Any Liquidated Damages (less cost of collection) paid to Landlord shall accrue to the Tenant; provided, however, any paid Liquidated Damages for any Tenant Delay shall accrue to Landlord. The General Contractor shall obtain at least three (3) bids for all major trade work at the Premises. Landlord will work with the General Contractor to complete the Tenant Improvements by the Commencement Date. All contracts with vendors and subcontractors for Such construction of the Tenant Improvements will be negotiated by the General Contractor. All work performed in connection with the construction of the Premises shall be performed in a good and workmanlike mannermanner and shall conform to all applicable governmental codes, laws and regulations in accordance force at the time such work is completed. Without limiting the generality of the foregoing, Landlord shall be responsible for compliance of Landlord’s TI Work with the requirements of the Americans with Disabilities Act and all Applicable Laws and similar or related requirements pertaining to access by persons with disabilities, but nothing in this sentence shall be construed to make Landlord responsible for bearing the final approved Plans. If materials are not readily availablecost of any such compliance, require quick ship charges, to the extent the compliance work is reasonably attributable to or require substitution, related to the particular nature or design of the Tenant will be given notice and Improvements or is for any other reason expressly made Tenant’s cost or responsibility under any applicable provision of the opportunity to select alternate materialsLease or of this Workletter. Landlord shall insure that have the Architect conducts right, in its sole discretion, to decide whether and to what extent to use union labor on or in connection with Landlord’s Work, and shall use the TI General Contractor to construct all of Landlord’s TI Work. Landlord and Tenant shall each have a periodic review (a minimum of once every two weeks) of the progress of construction right to ensure compliance approve all subcontractors engaged in connection with the Plans. Tenant may from time to time request in writing changes to the Plans (a “Change Order”), subject to Landlord’s consent, which shall not be unreasonably withheld. Landlord shall cause Contractor to provide an estimate of any change in the Construction Cost and/or Schedule. Tenant shall have the right to elect whether or not to proceed with the Change Order within five (5) business days after receipt of such estimate. Upon such approval by Tenant, or confirmation by Landlord that the Change Order will not result in any change in cost and/or Schedule, Landlord shall implement the Change Order as part construction of the Tenant Improvements. Tenant acknowledges that the following items may result in changes to the Budget and/or Schedule:
(i) Municipal or other governmental inspectors require changes to the Premises such as code compliance changes. In such event, Landlord will notify Tenant of the required changes, but the increased cost of such changes, if any, Improvements and any delay associated with such changes shall be the responsibility of Tenant.
(ii) Change Orders approved by Tenant. Any increased costs and delays due to such approved Change Orders shall be the responsibility of Tenant. Any delays caused by such approved Change Orders shall not delay the Commencement Date of the Lease. Landlord shall not charge Tenant any administrative fees in respect of any Change Orders. Tenant shall have five (5) business days to review and approve all Change Orders and competitive bids for any additional review time by Tenant shall be a Tenant Delay.
(iii) If materials are not readily available, require quick ship charges, or require substitution, provided Landlord shall identify any such materials within ten (10) days of final approval elements of the PlansTenant Improvements, and such approval in any such caseeach instance not to be unreasonably withheld, Tenant will be given notice and the opportunity to select alternate materialsconditioned or delayed by either party.
(iv) Any Tenant Delay.
Appears in 3 contracts
Samples: Sublease (OncoMed Pharmaceuticals Inc), Sublease (OncoMed Pharmaceuticals Inc), Lease Agreement (OncoMed Pharmaceuticals Inc)
Construction of Tenant Improvements. Landlord shall shall, via the General Contractor, obtain all state and local licenses, permits and approvals (whether governmental or non‑governmental) required to construct the Tenant Improvements and for Tenant's occupancy of the PremisesExpansion Space. Landlord shall provide access to the General Contractor for Construction of the Tenant Improvements and to the extent such access requires entry through space occupied by other tenants, Landlord shall provide for such access at its sole cost and expense. The Landlord shall engage, subject to Tenant’s reasonable approval, a general contractor to construct the Tenant Improvements (the “General Contractor”). The General Contractor shall construct and install the Tenant Improvements in accordance with the Plans which expense shall be deducted from the Tenant Improvement Upfit Allowance. The Tenant Improvements shall be delivered via Associated General Contractors (AGC) Guaranteed Maximum Price Contract (the "Contract") with Liquidated Damages of $500.00 per day for each day of delay in achieving in substantial completion beyond the date specified in the Contract, which date shall be no later than October 1, 2010day, and a payment and performance bond. Any Liquidated Damages (less cost of collection) paid to Landlord shall accrue to the Tenant; provided, however, any paid Liquidated Damages for any Tenant Delay shall accrue to Landlord. The General Contractor shall obtain at least three (3) bids for all major trade work at the PremisesExpansion Space. Landlord will work with the General Contractor to complete the Tenant Improvements by the Commencement Date. All contracts with vendors and subcontractors for construction of the Tenant Improvements will be negotiated by the General Contractor. All work performed in connection with the construction of the Premises Expansion Space shall be performed in a good and workmanlike manner, in accordance with all Applicable Laws and the final approved Plans. If materials are not readily available, require quick ship charges, or require substitution, the Tenant will be given notice and the opportunity to select alternate materials. Landlord shall insure that the Architect conducts a periodic review (a minimum of once every two weeks) of the progress of construction to ensure compliance with the Plans. Tenant may from time to time request in writing changes to the Plans (a “Change Order”), subject to Landlord’s consent, which shall not be unreasonably withheld. Landlord shall cause Contractor to provide an estimate of any change in the Construction Cost and/or Schedule. Tenant shall have the right to elect whether or not to proceed with the Change Order within five (5) business days after receipt of such estimate. Upon such approval by Tenant, or confirmation by Landlord that the Change Order will not result in any change in cost and/or Schedule, Landlord shall implement the Change Order as part of the Tenant Improvements. Landlord acknowledges that Tenant may hire the General Contractor and/or any subcontractors to perform other work items (in accordance with the terms and conditions of the Lease) within the original Premises concurrently with the Tenant Improvements, provided such work does not require changes to the Schedule. Tenant acknowledges that the following items may result in changes to the Budget and/or Schedule:
(i) Municipal or other governmental inspectors require changes to the Premises Expansion Space such as code compliance changes. In such event, Landlord will notify Tenant of the required changes, but the increased cost of such changes, if any, and any delay associated with such changes shall be the responsibility of Tenant.
(ii) Change Orders approved by Tenant. Any increased costs and delays due to such approved Change Orders shall be the responsibility of Tenant. Any delays caused by such approved Change Orders shall not delay the Commencement Date of the Lease. Landlord shall not charge Tenant any administrative fees in respect of any Change Orders. Tenant shall have five (5) business days to review and approve all Change Orders and any additional review time by Tenant shall be a Tenant Delay.
(iii) If materials are not readily available, require quick ship charges, or require substitution, provided Landlord shall identify any such materials within ten (10) days of final approval of the Plans, and in any such case, Tenant will be given notice and the opportunity to select alternate materials.
(iv) Any Tenant Delay.
Appears in 3 contracts
Samples: Lease Agreement (Precision Biosciences Inc), Lease Agreement (Precision Biosciences Inc), Lease Agreement (Precision Biosciences Inc)
Construction of Tenant Improvements. Landlord Tenant shall obtain all state and local licenses, permits and approvals (whether governmental or non‑governmental) required to construct install the Tenant Improvements (as described in Paragraph 2(a) below) in accordance with the terms and for Tenant's occupancy conditions of this Work Letter. The quantities, character and manner of installation of all of the Premises. Landlord shall provide access work related to the General Contractor for Construction Tenant Improvements shall be subject to the limitations imposed by any applicable governmental regulations, laws, ordinances, codes and rules. Notwithstanding the foregoing, Landlord may at Landlord’s sole election itself (with Landlord’s contractor) construct the portion of the Tenant Improvements that consist of the restrooms and related improvements that will service Building 2 (the “Restroom Improvements”), at Tenant’s cost up to the extent a maximum amount of $322,764 (subject to Section 9(b) below), provided that (a) Landlord notifies Tenant in writing of such access requires entry through space occupied by other tenants, Landlord shall provide for such access at its sole cost and expense. The Landlord shall engage, subject election prior to Tenant’s reasonable approval, a general contractor to construct the Tenant Improvements (the “General Contractor”). The General Contractor shall construct and install the Tenant Improvements in accordance with the Plans which expense shall be deducted from the Tenant Improvement Allowance. The Tenant Improvements shall be delivered via Associated General Contractors (AGC) Guaranteed Maximum Price Contract (the "Contract") with Liquidated Damages commencement of $500.00 per day for each day of delay in achieving in substantial completion beyond the date specified in the Contract, which date shall be no later than October 1, 2010, and a payment and performance bond. Any Liquidated Damages (less cost of collection) paid to Landlord shall accrue to the Tenant; provided, however, any paid Liquidated Damages for any Tenant Delay shall accrue to Landlord. The General Contractor shall obtain at least three (3) bids for all major trade work at the Premises. Landlord will work with the General Contractor to complete the Tenant Improvements by the Commencement Date. All contracts with vendors and subcontractors for construction of the Tenant Improvements will be negotiated by the General Contractor. All work performed in connection with the construction of the Premises shall be performed in a good Improvements, and workmanlike manner, in accordance with all Applicable Laws and the final approved Plans. If materials are not readily available, require quick ship charges, or require substitution, the Tenant will be given notice and the opportunity to select alternate materials. (b) Landlord shall insure that the Architect conducts a periodic review (a minimum of once every two weeks) of the progress of construction use commercially reasonable efforts to ensure compliance not unreasonably interfere with the Plans. Tenant may from time to time request in writing changes to the Plans (a “Change Order”), subject to Landlordor delay Tenant’s consent, which shall not be unreasonably withheld. Landlord shall cause Contractor to provide an estimate of any change in the Construction Cost and/or Schedule. Tenant shall have the right to elect whether or not to proceed with the Change Order within five (5) business days after receipt of such estimate. Upon such approval by Tenant, or confirmation by Landlord that the Change Order will not result in any change in cost and/or Schedule, Landlord shall implement the Change Order as part installation of the Tenant Improvements. If a certificate of occupancy or equivalent permit sign-off for the Premises is delayed beyond the Building 2 Scheduled Commencement Date solely as a result of Landlord’s failure to substantially complete the Restroom Improvements prior to such date, which failure does not result from Tenant acknowledges Delays (as defined below) or Force Majeure, then the Building 2 Commencement Date shall be extended day for day by the number of days after the Building 2 Scheduled Commencement Date until the issuance of a certificate of occupancy or equivalent permit sign-off (but in no event shall the Building 2 Commencement Date be delayed beyond the date Tenant commences business in the Premises), provided, however, that the following items may result Tenant delivers written notice to Landlord at such time as Tenant becomes aware that Landlord is in changes to the Budget and/or Schedule:
danger of causing such delay. “Tenant Delays” shall mean (i) Municipal Tenant’s delay in submittal of Tenant’s Plans and/or responses to Landlord’s comments to Tenant’s Plans beyond the time periods provided in this Work Letter, (ii) Tenant’s delay in any submittals for permits or other governmental inspectors require approvals with respect to the Tenant Improvements (including without limitation the Restroom Improvements), (iii) changes in Tenant’s Plans as they relate to the Restroom Improvements after they have been submitted to governmental authorities for permits, (iv) delay in obtaining materials for reasons outside Landlord’s reasonable control, and (v) Tenant’s failure to provide reasonable access to the Premises such as code compliance changes. In such eventto Landlord’s contractors to install the Restroom Improvements, Landlord will notify Tenant of the required changes, but the increased cost of such changes, if any, and any delay associated or unreasonable interference with such changes shall be the responsibility of Tenant.
(ii) Change Orders approved by Tenant. Any increased costs and delays due to such approved Change Orders shall be the responsibility of Tenant. Any delays caused by such approved Change Orders shall not delay the Commencement Date of the Lease. Landlord shall not charge Tenant any administrative fees in respect of any Change Orders. Tenant shall have five (5) business days to review and approve all Change Orders and any additional review time installation by Tenant shall be a Tenant Delayor its contractors or agents.
(iii) If materials are not readily available, require quick ship charges, or require substitution, provided Landlord shall identify any such materials within ten (10) days of final approval of the Plans, and in any such case, Tenant will be given notice and the opportunity to select alternate materials.
(iv) Any Tenant Delay.
Appears in 3 contracts
Samples: Sublease (Cloudera, Inc.), Lease Agreement (Cloudera, Inc.), Lease Agreement (Cloudera, Inc.)
Construction of Tenant Improvements. After the Plans for the ----------------------------------- Tenant's Work have been approved by Landlord, Tenant, and the local governing agencies, Tenant shall enter into a construction contract with Contractor (or such other contractor designated by Landlord) which shall include a provision for compliance with Landlord's rules and regulations as defined herein, and Tenant shall provide Landlord with a copy of such contract. Tenant shall perform no Alterations or Tenant's Work except through Contractor and in strict accordance with this Exhibit. In no event shall Tenant be permitted to perform Tenant's Work prior to providing all information requested by Landlord relating to Tenant's Work. Failure by Tenant to provide any information requested by Landlord, including but not limited to evidence of Tenant's and Contractor's compliance with all of the insurance requirements hereof, shall constitute a default of the Lease in the event Tenant proceeds with Tenant's Work. Violations of Landlord's rules, regulations, and requirements as set forth herein or as otherwise established by Landlord shall obtain constitute a default of this Lease if not corrected by Tenant and/or Contractor within twenty four (24) hours notice, either written or oral, by Landlord to Tenant. Landlord shall have the right to post a notice of non-responsibility at a prominent location within Tenant's Premises. It shall be the responsibility of Tenant to enforce the following requirements of Contractor, and all state subcontractors of Contractor, at every level:
9.1 Contractor shall perform Tenant's Work in a manner and local licensesat times which do not impede or delay Landlord's contractor in the Project. Any delays in the completion work by the Landlord or Landlord's contractor on the Project, permits or the commencement of the annual rental and approvals (whether governmental any damage to any work caused by Contractor shall be at the sole cost and expense of Tenant.
9.2 Contractor shall be responsible for the repair, replacement, or non‑governmental) clean-up of any damage by him to other contractors' work which specifically includes access ways to the Premises which may be concurrently used by others. Firelanes, sidewalks, hallways, and access to other tenant's suites may not be blocked or obstructed at any time.
9.3 Contractor shall contain his storage of materials and its operations within the Premises and such other space as he may be assigned by Landlord. Should he be assigned space outside of the Premises, it shall move to such other space as Landlord shall reasonably direct from time to time to avoid interference or delays with other work. Contractor shall park construction vehicles in areas reasonably designated by Landlord.
9.4 All trash and surplus construction materials shall be stored within the Premises and shall be promptly removed from the Premises. Contractor shall not use common area trash enclosures or waste bins for disposal of trash or surplus construction material.
9.5 Contractor shall provide temporary utilities, portable toilet facilities and portable drinking water as required for his work within the Premises.
9.6 Noise shall be kept to construct a minimum at all times, and shall not be permitted to interfere with the conduct of other tenant's business, or the general operation of the Project. Contractor shall notify Landlord or Landlord's project manager of any planned work to be done on weekends or other than normal job hours.
9.7 Tenant Improvements and Contractor are responsible for compliance with all applicable codes and regulations of duly constituted authorities having jurisdiction as far as the performance of the Tenant's Work is concerned and for all applicable safety regulations established by the Landlord, OSHA, or other regulatory agencies, and Tenant further agrees to save and hold Landlord harmless for Tenant's occupancy actions arising from Tenant's Work. Prior to commencement of construction, Tenant shall submit to Landlord evidence of insurance as required by this Lease and evidence of insurance for Contractor.
9.8 Contractor shall not post signs on any part of the Project or on the Premises. , without Landlord's prior written approval.
9.9 Tenant shall be responsible for and shall obtain and record a Notice of Completion promptly following completion of Tenant's work.
9.10 Landlord shall provide access may require that, prior to the General Contractor for Construction commencement of the construction, Tenant Improvements and to the extent such access requires entry through space occupied by other tenants, Landlord shall provide for such access at obtain or cause its sole cost and expense. The Landlord shall engage, subject to Tenant’s reasonable approval, a general contractor to construct the Tenant Improvements (the “General Contractor”). The General Contractor shall construct and install the Tenant Improvements in accordance with the Plans which expense shall be deducted from the Tenant Improvement Allowance. The Tenant Improvements shall be delivered via Associated General Contractors (AGC) Guaranteed Maximum Price Contract (the "Contract") with Liquidated Damages of $500.00 per day for each day of delay in achieving in substantial completion beyond the date specified in the Contract, which date shall be no later than October 1, 2010, and a obtain payment and performance bond. Any Liquidated Damages (less cost of collection) paid to Landlord shall accrue to bonds covering the Tenant; provided, however, any paid Liquidated Damages for any Tenant Delay shall accrue to Landlord. The General Contractor shall obtain at least three (3) bids for all major trade work at the Premises. Landlord will work with the General Contractor to complete the Tenant Improvements by the Commencement Date. All contracts with vendors and subcontractors for construction faithful performance of the Tenant Improvements will be negotiated by the General Contractor. All work performed in connection with contract for the construction of the Premises Tenant's Work and the payment of all obligations arising thereunder. Such bonds shall be performed in for the mutual benefit of both Landlord and Tenant.
9.11 Tenant shall provide to Landlord a good and workmanlike manner, in accordance with all Applicable Laws and the final approved Plans. If materials are not readily available, require quick ship charges, or require substitution, the Tenant will be given notice and the opportunity to select alternate materials. Landlord shall insure that the Architect conducts a periodic review (a minimum of once every two weeks) copy of the progress fully executed construction contract, including all addendum and a line item breakdown by trade thereto, between Tenant and its Contractor for the Tenant's Work.
9.12 All required permits and approvals, including but not limited to Planning, Building, Fire, and Health department permits, must be obtained and all necessary calculations, including, but not limited to, those required under Title 24, must be submitted to the local governing agencies for all work to be performed by Tenant or Contractor in the Premises.
9.13 Any modifications to the building exterior shall be subject to Landlord's prior approval. No romex wiring shall be allowed, nor shall water lines be placed in slabs, unless approved by Landlord prior to installation. All equipment placed upon the roof as a result of construction the Tenant's Work, and all roof penetrations, shall be approved by Landlord prior to ensure compliance with the Plans. Tenant commencement of work.
9.14 Landlord, at Landlord's reasonable discretion, may from time to time request in writing changes to establish such other reasonable rules and regulations for protection of property and the Plans (a “Change Order”), subject to Landlord’s consent, which shall not be unreasonably withheld. Landlord shall cause Contractor to provide an estimate general safety of any change in the Construction Cost and/or Schedule. Tenant shall have the right to elect whether or not to proceed with the Change Order within five (5) business days after receipt of such estimate. Upon such approval by Tenant, or confirmation by Landlord that the Change Order will not result in any change in cost and/or Schedule, Landlord shall implement the Change Order as part occupants and invitees of the Project. Such rules and regulations shall apply to Tenant Improvements. Tenant acknowledges that and Contractor as though established upon the following items may result in changes to the Budget and/or Schedule:
(i) Municipal or other governmental inspectors require changes to the Premises such as code compliance changes. In such event, Landlord will notify Tenant execution of the required changes, but the increased cost of such changes, if any, and any delay associated with such changes shall be the responsibility of Tenantthis Exhibit "C".
(ii) Change Orders approved by Tenant. Any increased costs and delays due to such approved Change Orders shall be the responsibility of Tenant. Any delays caused by such approved Change Orders shall not delay the Commencement Date of the Lease. Landlord shall not charge Tenant any administrative fees in respect of any Change Orders. Tenant shall have five (5) business days to review and approve all Change Orders and any additional review time by Tenant shall be a Tenant Delay.
(iii) If materials are not readily available, require quick ship charges, or require substitution, provided Landlord shall identify any such materials within ten (10) days of final approval of the Plans, and in any such case, Tenant will be given notice and the opportunity to select alternate materials.
(iv) Any Tenant Delay.
Appears in 2 contracts
Samples: Standard Full Service Gross Office Lease (Copper Mountain Networks Inc), Standard Full Service Gross Office Lease (Copper Mountain Networks Inc)
Construction of Tenant Improvements. Landlord shall obtain all state and local licenses, permits and approvals (whether governmental or non‑governmental) required to construct Following Landlord’s final approval of the Tenant Improvements Plans and for Tenant's occupancy of Tenant obtaining permits, subject to items (a) — (c) below Tenant shall commence and diligently proceed with the Premises. Landlord shall provide access to the General Contractor for Construction construction of the Tenant Improvements and no later than three (3) Business Days following Tenant’s receipt of the Building Permit. Tenant shall hire a contractor acceptable to Landlord to complete the extent such access requires entry through space occupied by other tenants, Landlord shall provide for such access at its sole cost and expenseTenant Improvements. The Landlord Tenant Improvements shall engagebe conducted with due diligence, subject to Tenant’s reasonable approvalin a good and workmanlike manner befitting a first class office building / lab space, and in accordance with the Tenant Plans and all applicable laws, codes, ordinances and rules and regulations of all governmental authorities having jurisdiction. Tenant shall apply for a general contractor to construct construction permit for the Tenant Improvements (the “General ContractorBuilding Permit”). The General Contractor shall construct and install the Tenant Improvements in accordance with the Plans which expense shall be deducted from the Tenant Improvement Allowance. The Tenant Improvements shall be delivered via Associated General Contractors (AGC) Guaranteed Maximum Price Contract (the "Contract") with Liquidated Damages of $500.00 per day for each day of delay in achieving in substantial completion beyond the date specified in the Contract, which date shall be no later than October 1, 2010, and a payment and performance bond. Any Liquidated Damages (less cost of collection) paid to Landlord shall accrue to the Tenant; provided, however, any paid Liquidated Damages for any Tenant Delay shall accrue to Landlord. The General Contractor shall obtain at least three (3) bids for all major trade work at the Premises. Landlord will work with the General Contractor to complete the Tenant Improvements by the Commencement Date. All contracts with vendors and subcontractors for construction Business Days after receipt of Landlord’s approval of the Tenant Improvements will be negotiated by the General Contractor. All work performed in connection with the construction of the Premises shall be performed in a good and workmanlike manner, in accordance with all Applicable Laws and the final approved Plans. If materials are not readily available, require quick ship charges, or require substitution, the Tenant will be given notice Expenses for electric service and the opportunity to select alternate materials. Landlord shall insure that the Architect conducts a periodic review (a minimum of once every two weeks) of the progress of construction to ensure compliance with the Plans. Tenant may from time to time request other separately metered utilities during Tenant’s build-out and move-in writing changes to the Plans (a “Change Order”), subject to Landlord’s consent, which shall not be unreasonably withheld. Landlord shall cause Contractor to provide an estimate of any change in the Construction Cost and/or Schedule. Tenant shall have the right to elect whether or not to proceed with the Change Order within five (5) business days after receipt of such estimate. Upon such approval by Tenant, or confirmation by Landlord that the Change Order will not result in any change in cost and/or Schedule, Landlord shall implement the Change Order as part of the Tenant Improvements. Tenant acknowledges that the following items may result in changes to the Budget and/or Schedule:
(i) Municipal or other governmental inspectors require changes to the Premises such as code compliance changes. In such event, Landlord will notify Tenant of the required changes, but the increased cost of such changes, if any, and any delay associated with such changes shall be the responsibility of Tenant.
(ii) Change Orders approved by Tenant. Any increased costs and delays due to such approved Change Orders shall be the responsibility of Tenant. Any delays Subject to the waiver of subrogation set forth in the Lease, Tenant hereby agrees to indemnify Landlord and hold Landlord harmless from any and all claims for personal or bodily injury and property damage that may arise from the performance of the Tenant Improvements, whether resulting from the negligence or willful misconduct of its general contractors, subcontractors or otherwise, except to the extent caused by Landlord, its employees, agents and contractors. Tenant and its contractors and subcontractors shall execute such approved Change Orders shall not delay the Commencement Date of the Lease. additional documents as Landlord shall not charge Tenant any administrative fees in respect of any Change Ordersdeems reasonably appropriate to evidence said indemnity. Tenant shall have five (5) business days to review and approve all Change Orders and any additional review time by not commence the Tenant shall be a Tenant Delay.
(iii) If materials are not readily available, require quick ship charges, or require substitution, provided Landlord shall identify any such materials within ten (10) days of final approval of Improvements until the Plans, and in any such case, Tenant will be given notice and the opportunity to select alternate materials.
(iv) Any Tenant Delay.following is provided:
Appears in 2 contracts
Samples: Office Lease Agreement (Collegium Pharmaceutical, Inc), Office Lease Agreement (Collegium Pharmaceutical Inc)
Construction of Tenant Improvements. 5.1 Landlord shall obtain all state and local licenses, permits and approvals (whether governmental or non‑governmental) required to construct cause the Tenant Improvements and to be substantially completed sufficient for Tenant's the issuance of a temporary certificate of occupancy for the Premises on or before the Commencement Date of the Premises. Landlord shall provide access to the General Contractor for Construction of the Tenant Improvements and to the extent such access requires entry through space occupied by other tenants, Landlord shall provide for such access at its sole cost and expense. The Landlord shall engage, subject to Tenant’s reasonable approval, a general contractor to construct the Tenant Improvements (the “General Contractor”). The General Contractor shall construct and install the Tenant Improvements Lease in accordance with the Plans which expense provisions set forth in this Work Letter. Landlord shall supervise the completion of such work and shall use diligent efforts to secure substantial completion of the work in accordance with the Work Schedule. The cost of such work shall be deducted from the Tenant Improvement Allowance. The Tenant Improvements shall be delivered via Associated General Contractors (AGC) Guaranteed Maximum Price Contract (the "Contract") with Liquidated Damages of $500.00 per day for each day of delay paid as provided in achieving in substantial completion beyond the date specified in the Contract, which date shall be no later than October 1, 2010, and a payment and performance bond. Any Liquidated Damages (less cost of collection) paid to Landlord shall accrue to the Tenant; provided, however, any paid Liquidated Damages for any Tenant Delay shall accrue to Landlord. The General Contractor shall obtain at least three (3) bids for all major trade work at the Premises. Landlord will work with the General Contractor to complete the Tenant Improvements by the Commencement Date. All contracts with vendors and subcontractors for construction of the Tenant Improvements will be negotiated by the General Contractor. All work performed in Section 6.
5.2 In connection with the construction of the Premises shall be performed in a good Tenant Improvements, Landlord and workmanlike manner, in accordance with all Applicable Laws and the final approved Plans. If materials are not readily available, require quick ship charges, or require substitution, the Tenant will be given notice and the opportunity to select alternate materials. Landlord shall insure that the Architect conducts a periodic review (a minimum of once every two weeks) of the progress of construction to ensure compliance with the Plans. Tenant may from time to time request in writing changes to the Plans (a “Change Order”), subject to Landlord’s consent, which shall not be unreasonably withheld. Landlord shall cause Contractor to provide an estimate of any change in the Construction Cost and/or Schedule. Tenant shall arrange for Tenant to have the right to elect whether or not to proceed with the Change Order within five (5) business days after receipt of such estimate. Upon such approval by Tenant, or confirmation by Landlord that the Change Order will not result in any change in cost and/or Schedule, Landlord shall implement the Change Order as part of the Tenant Improvements. Tenant acknowledges that the following items may result in changes to the Budget and/or Schedule:
(i) Municipal or other governmental inspectors require changes access to the Premises such as code compliance changes. In such event, Landlord will notify Tenant of the required changes, but the increased cost of such changes, if any, and any delay associated with such changes shall be the responsibility of Tenant.
(ii) Change Orders approved by Tenant. Any increased costs and delays due to such approved Change Orders shall be the responsibility of Tenant. Any delays caused by such approved Change Orders shall not delay the Commencement Date of the Lease. Landlord shall not charge Tenant any administrative fees in respect of any Change Orders. Tenant shall have five (5) business days to review and approve all Change Orders and any additional review time by Tenant shall be a Tenant Delay.
(iii) If materials are not readily available, require quick ship charges, or require substitution, provided Landlord shall identify any such materials within commencing approximately ten (10) days prior to the estimated date for substantial completion shown on the Work Schedule, in order to allow Tenant to install systems furniture/workstations, telephone lines and telephone systems, fiber optics, computer cabling, and related similar matters, and, on a "space ready" basis only, to commence installation of final Tenant's trade fixtures. Tenant shall schedule installation of such items with Landlord and Landlord's contractor so as not to unreasonably impede, interfere with or delay the progress of construction of the Tenant Improvements; and Tenant shall perform such installation in accordance with guidelines promulgated by Landlord's contractor. Delay, interference or damage arising out of Tenant's installation of such items shall constitute a Tenant Delay under Section 7. Any and all costs of installation of such items shall be at Tenant's sole cost and expense.
5.3 During the period of construction of the Tenant Improvements, Landlord shall consult with Tenant from time to time as necessary to achieve approval of certain matters and installations related to the PlansTenant Improvements. Such approvals shall be forthcoming from Tenant within a reasonable time period as requested by Landlord, and which time period shall enable Landlord to maintain the schedule for substantial completion of the Tenant Improvements stated in any the Work Schedule. Failure of Tenant to respond within such case, Tenant will be given notice and the opportunity to select alternate materials.
(iv) Any requested time period shall constitute a Tenant Delay. EXHIBIT B TENANT IMPROVEMENTS WORK LETTER AGREEMENT
5.4 During the period of construction of the Tenant Improvements, Landlord and Tenant shall meet at regular meetings occurring at least once monthly regarding the status of the construction and occurring at least once weekly during the final month of construction. If timely, matters requiring Tenant's approval may be determined at such meetings and decisions shall be reflected in the minutes of such meetings.
Appears in 2 contracts
Samples: Lease Agreement (Avenue a Inc), Lease Agreement (Avenue a Inc)
Construction of Tenant Improvements. 2.1 Upon completion of the Construction Drawings, Landlord shall obtain all state apply for a building permit and local licensesany other necessary government approvals. The parties acknowledge issuance of a building permit, permits and approvals (whether governmental or non‑governmental) required to construct the Tenant Improvements and for Tenant's occupancy receipt of the Premisesnecessary government approvals, are not within either party’s control. Landlord shall provide access notify Tenant of receipt of a building permit and the date anticipated for commencement of Landlord’s Work. If Landlord is unable to the General Contractor for Construction obtain a permit, or any other necessary government approval, within three (3) months and twenty-one (21) days after execution of the Tenant Improvements and to the extent such access requires entry through space occupied this Lease by other tenantsboth parties, Landlord shall provide for such access at its sole cost notify Tenant of the same. Tenant shall have the right to terminate this Lease by providing notice to the other party within seven (7) business days of Landlord’s notice, with a return of the Security Deposit to Tenant, and expensewith each side otherwise bearing their own costs and expenses relating to the Lease in every respect. The failure or inability to obtain a permit, or other necessary government approval, within the time specified above shall not constitute a default under the Lease.
2.2 Upon receipt of a building permit, Landlord shall engage, subject to Tenant’s reasonable approval, retain a general licensed contractor of its choice (“Contractor”) to construct the Tenant Improvements (the “General Contractor”). The General Contractor shall construct and install the Tenant Improvements in accordance with the Plans which expense shall be deducted from the Tenant Improvement AllowanceFinal Working Drawings. The Tenant Improvements shall be delivered via Associated General Contractors (AGC) Guaranteed Maximum Price Contract (the "Contract") with Liquidated Damages of $500.00 per day for each day of delay in achieving in substantial completion beyond the date specified in the Contract, which date shall be no later than October 1, 2010, and a payment and performance bond. Any Liquidated Damages (less cost of collection) paid to Landlord shall accrue to cause the Tenant; provided, however, any paid Liquidated Damages for any Tenant Delay shall accrue to Landlord. The General Contractor shall obtain at least three (3) bids for all major trade work at the Premises. Landlord will work with the General Contractor to complete construct the Tenant Improvements by the Commencement Date. All contracts with vendors and subcontractors for construction of the Tenant Improvements will be negotiated by the General Contractor. All work performed in connection accordance with the construction of the Premises shall be performed Final Working Drawings and all Laws in a good and workmanlike manner, in accordance with all Applicable Laws and the final approved Plans. If materials are not readily available, require quick ship charges, or require substitution, the Tenant will be given notice and the opportunity to select alternate materials. Landlord shall insure that deliver the Architect conducts a periodic review (a minimum of once every two weeks) of the progress of construction Leased Premises to ensure compliance with the Plans. Tenant may from time to time request in writing changes to the Plans (a “Change Order”), subject to Landlord’s consent, which shall not be unreasonably withheld. Landlord shall cause Contractor to provide an estimate of any change in the Construction Cost and/or Schedule. Tenant shall have the right to elect whether or not to proceed with the Change Order within five (5) business days after receipt of such estimate. Upon such approval by Tenant, or confirmation by Landlord that the Change Order will not result in any change in cost and/or Schedule, Landlord shall implement the Change Order as part promptly upon Substantial Completion of the Tenant Improvements. Tenant acknowledges that the following items may result in changes shall have one year after Substantial Completion within which to the Budget and/or Schedule:
(i) Municipal or other governmental inspectors require changes to the Premises such as code compliance changes. In such event, notify Landlord will notify Tenant of the required changes, but the increased cost of such changes, if anyany construction defect discovered by Tenant, and any delay associated with such changes shall be the responsibility of Tenant.
(ii) Change Orders approved by Tenant. Any increased costs and delays due to such approved Change Orders shall be the responsibility of Tenant. Any delays caused by such approved Change Orders shall not delay the Commencement Date of the Lease. Landlord shall not charge Tenant any administrative fees in respect of any Change Orders. Tenant shall have five (5) business days use reasonable efforts to review and approve all Change Orders and any additional review time by Tenant shall be a Tenant Delay.
(iii) If materials are not readily available, require quick ship charges, remedy or require substitution, provided Landlord shall identify cause the responsible contractor to remedy any such materials construction defect within ten sixty (1060) days of final approval of the Plans, and in any such case, Tenant will be given notice and the opportunity to select alternate materialsthereafter.
(iv) Any Tenant Delay.
Appears in 2 contracts
Samples: Office Lease (Twilio Inc), Office Lease (Twilio Inc)
Construction of Tenant Improvements. 3.1 Upon completion of the Working Plans and at the request of Xxxxxx, Landlord and its contractor shall provide to Tenant in writing an estimate of the cost of improvements to be provided at Tenant's expense pursuant to Section 1 of this Expansion Space Work Agreement. Within five days after Xxxxxx's receipt of such estimated cost, Tenant shall delete any items which Tenant elects not to have constructed. Landlord and Xxxxxx shall work together to establish a construction budget reasonably acceptable to both parties. Tenant shall authorize in writing the agreed upon construction budget. In the absence of such written authorization, Landlord shall obtain not be obligated to commence work on the Expansion Space and Tenant shall be responsible for any costs due to any resulting delay in completion of the Expansion Space.
3.2 If Tenant desires any change to its improvements, Tenant shall submit a written request for such change to Landlord, together with all state plans and local licensesspecifications necessary to show and explain changes from the approved Working Plans. Any such change shall be subject to Xxxxxxxx's approval. Landlord or Landlord's contractor shall notify Tenant in writing of the amount, permits if any, which will be charged or credited to Tenant to reflect the cost of such change.
3.3 Tenant's entry into the Expansion Space for any purpose, prior to September 1, 1999, shall be subject to all the terms and approvals conditions of the Lease, including without limitation the provisions of the Lease relating to the maintenance of insurance, but excluding the provisions of the Lease relating to the payment of rent. Tenant's entry shall mean entry by Tenant, its officers, contractors, licensees, agents, servants, employees, guests, invitees, or visitors (whether governmental the "Tenant Parties"). Tenant shall indemnify and hold harmless Landlord from and against any and all claims, losses, liabilities, and expenses (including without limitation attorneys' fees) arising out of or non‑governmental) required in any way related to construct the activities of Tenant or the Tenant Improvements Parties in the Expansion Space or the Project. EXHIBIT D STATEMENT OF TENANT IN RE: LEASE -------------------------------- Date: May 31, 2000 Teachers Insurance and for Tenant's occupancy Annuity Association of America 000 Xxxxx Xxxxxx Xxx Xxxx, Xxx Xxxx 000 17 Attn: ______________________ RE: TIAA Appl. #OR- 108 TIAA Mtge. #000447000 Name of Project: Evergreen Corporate Center Address: 00000 XX Xxxxxxx Xxxxxxxxx, Xxxxxx 00000 Ladies and Gentlemen: It is our understanding that you have a mortgage upon the subject premises and as a condition precedent thereof have required this certification of the Premisesundersigned. Landlord shall provide access The undersigned, as tenant, under that certain lease dated January 15, 1997, as amended by an Amendment to Lease dated July 15, 1999, made with Evergreen Corporate Center LLC, as landlord, hereby ratifies said lease and certifies that:
1. the General Contractor for Construction "Commencement Date" of said lease is December 15, 1997; and
2. the undersigned is presently solvent and free from reorganization and/or bankruptcy; and
3. the operation and use of the Tenant Improvements and premises do not involve the generation, treatment, storage, disposal or release of a hazardous substance or a solid waste into the environment other than to the extent such access requires entry through space occupied by other tenants, Landlord shall provide for such access at necessary to conduct its sole cost and expense. The Landlord shall engage, subject to Tenant’s reasonable approval, a general contractor to construct the Tenant Improvements (the “General Contractor”). The General Contractor shall construct and install the Tenant Improvements in accordance with the Plans which expense shall be deducted from the Tenant Improvement Allowance. The Tenant Improvements shall be delivered via Associated General Contractors (AGC) Guaranteed Maximum Price Contract (the "Contract") with Liquidated Damages ordinary course of $500.00 per day for each day of delay in achieving in substantial completion beyond the date specified business in the Contract, which date shall be no later than October 1, 2010, premises and a payment and performance bond. Any Liquidated Damages (less cost of collection) paid to Landlord shall accrue to the Tenant; provided, however, any paid Liquidated Damages for any Tenant Delay shall accrue to Landlord. The General Contractor shall obtain at least three (3) bids for all major trade work at the Premises. Landlord will work with the General Contractor to complete the Tenant Improvements by the Commencement Date. All contracts with vendors and subcontractors for construction of the Tenant Improvements will be negotiated by the General Contractor. All work performed in connection with the construction of the Premises shall be performed in a good and workmanlike manner, in accordance with all Applicable Laws applicable environmental laws, and that the premises are being operated in accordance with all applicable environmental laws, zoning ordinances and building codes; and
4. the current base rental payable pursuant to the terms of said lease is $107,232 per month; and further, additional rental pursuant to said lease is payable as provided in the Lease; and
5. said lease is in full force and effect and has not been assigned, modified, supplemented or amended in any way (except as set forth above) and the final approved Plansundersigned is not in default thereunder; and
6. If materials are not readily availablethe lease described above represents the entire agreement between the parties as to the leasing of the premises; and
7. the term of said lease expires on December 14, require quick ship charges2007; and
8. Xxxxxxxx has spent at least $553,040 of the TI Allowance, as defined in the Amendment to Lease, and the work performed by landlord to date in the Expansion Space is acceptable to the undersigned.
9. no rental has been paid in advance and no security (except the security deposit in the amount of $120,839) has been deposited with landlord; and
10. tenant's floor area is 102,662 rentable square feet; and
11. the most recent payment of current basic rental was for the payment due on May 1, 2000, and all basic rental and additional rental payable pursuant to the terms of the lease have been paid up to said date; and
12. the undersigned acknowledges notice that landlord's interest under the lease and the rent and all other sums due thereunder will be assigned to you as part of the security for a mortgage loan by you to landlord. In the event that Teachers Insurance and Annuity Association of America, as lender, notifies the undersigned of a default under the mortgage and demands that the undersigned pay its rent and all other sums due under the lease to lender, tenant agrees that it shall pay its rent and all such other sums to lender. Very truly yours, MEDICALOGIC, INC. By: XXX X. XXXXX ------------------------------------- Its: VP Finance ------------------------------------ EXHIBIT E PROMISSORY NOTE --------------- $__________ __________, 1999 Portland, Oregon FOR VALUE RECEIVED, the undersigned, MEDICALOGIC, Inc., an Oregon corporation ("Borrower"), promises to pay to the order of EVERGREEN CORPORATE CENTER LLC, an Oregon limited liability company, at 000 XX Xxxxxxxx Xxxxxx, Xxxxx 0000, Xxxxxxxx, Xxxxxx 00000, or require substitution, the Tenant will such other place as may be given notice and the opportunity to select alternate materials. Landlord shall insure that the Architect conducts a periodic review (a minimum of once every two weeks) of the progress of construction to ensure compliance with the Plans. Tenant may designated from time to time request in writing changes to by the Plans holder of this Note (a “Change Order”"Holder"), subject to Landlord’s consent, which shall not be unreasonably withheld. Landlord shall cause Contractor to provide an estimate the principal sum of any change ________________________________ Dollars ($____________) in the Construction Cost and/or Schedule. Tenant shall have the right to elect whether or not to proceed with the Change Order within five (5) business days after receipt of such estimate. Upon such approval by Tenant, or confirmation by Landlord that the Change Order will not result in any change in cost and/or Schedule, Landlord shall implement the Change Order as part lawful money of the Tenant Improvements. Tenant acknowledges that the following items may result in changes to the Budget and/or Schedule:
(i) Municipal or United States of America, plus interest and other governmental inspectors require changes to the Premises such charges as code compliance changes. In such event, Landlord will notify Tenant of the required changes, but the increased cost of such changes, if any, and any delay associated with such changes shall be the responsibility of Tenantprovided herein.
(ii) Change Orders approved by Tenant. Any increased costs and delays due to such approved Change Orders shall be the responsibility of Tenant. Any delays caused by such approved Change Orders shall not delay the Commencement Date of the Lease. Landlord shall not charge Tenant any administrative fees in respect of any Change Orders. Tenant shall have five (5) business days to review and approve all Change Orders and any additional review time by Tenant shall be a Tenant Delay.
(iii) If materials are not readily available, require quick ship charges, or require substitution, provided Landlord shall identify any such materials within ten (10) days of final approval of the Plans, and in any such case, Tenant will be given notice and the opportunity to select alternate materials.
(iv) Any Tenant Delay.
Appears in 2 contracts
Samples: Industrial/Business Park Lease (Medicalogic Inc), Industrial/Business Park Lease (Medicalogic Inc)
Construction of Tenant Improvements. Prior to commencing the construction of the Tenant Improvements, Tenant shall deliver to Landlord (a) evidence of Tenant’s insurance reasonably satisfactory to Landlord, which insurance shall obtain be maintained throughout the construction of the Tenant Improvements, and (b) a project schedule in detail reasonably satisfactory to Landlord. In addition, Tenant shall require its general contractor to carry appropriate insurance, as determined by Tenant, but which shall include, without limitation, Commercial General Liability, Commercial Auto Liability and Workers Compensation, in amounts necessary to insure the project and the work related thereto against claims for bodily injury or death or property damage. Tenant’s contractors of all state tiers shall name Landlord, Landlord’s managing agent, and local licensesany mortgagee requested by Landlord as additional insured on all liability policies required pursuant to this Section 3. Throughout the construction of the Tenant Improvements, permits and approvals (whether governmental Tenant shall notify Landlord promptly of any material deviations from such project schedule. Tenant or non‑governmental) required to its contractor shall construct the Tenant Improvements in a good and for Tenant's occupancy of the Premises. Landlord shall provide access to the General Contractor for Construction of the Tenant Improvements workmanlike manner and to the extent such access requires entry through space occupied by other tenants, Landlord shall provide for such access at its sole cost and expense. The Landlord shall engage, subject to Tenant’s reasonable approval, a general contractor to construct the Tenant Improvements (the “General Contractor”). The General Contractor shall construct and install the Tenant Improvements in accordance with the Plans which expense CDs and all applicable governmental regulations. If Tenant shall be deducted from the Tenant Improvement Allowance. The Tenant Improvements shall be delivered via Associated General Contractors (AGC) Guaranteed Maximum Price Contract (the "Contract") with Liquidated Damages of $500.00 per day for each day of delay in achieving in substantial completion beyond the date specified in the Contract, which date shall be no later than October 1, 2010, and a payment and performance bond. Any Liquidated Damages (less cost of collection) paid to Landlord shall accrue to the Tenant; provided, however, any paid Liquidated Damages for any Tenant Delay shall accrue to Landlord. The General Contractor shall obtain at least three (3) bids for all major trade work at the Premises. Landlord will work with the General Contractor fail to complete the Tenant Improvements by the Commencement Date, Tenant’s obligation to pay Minimum Annual Rent and Additional Rent hereunder shall nevertheless begin on the Commencement Date. All contracts Tenant shall keep Landlord reasonably notified regarding all material meetings with vendors and subcontractors for construction of contractors and/or governmental officials regarding the Tenant Improvements will be negotiated by the General Contractor. All Improvement work performed in connection with the construction of the Premises shall be performed in a good and workmanlike manner, in accordance with all Applicable Laws and the final approved Plans. If materials are not readily available, require quick ship charges, or require substitution, the Tenant will be given notice and the opportunity to select alternate materials. Landlord shall insure that the Architect conducts a periodic review (a minimum of once every two weeks) of the progress of construction to ensure compliance with the Plans. Tenant may from time to time request in writing changes to the Plans (a “Change Order”), subject to Landlord’s consent, which shall not be unreasonably withheld. Landlord shall cause Contractor to provide an estimate of any change in the Construction Cost and/or Schedule. Tenant shall have the right to elect whether or not to proceed with the Change Order within five (5) business days after receipt of attend such estimatemeetings. Upon such approval by Tenant, or confirmation by Landlord that the Change Order will not result in any change in cost and/or ScheduleIn addition, Landlord shall implement have the Change Order as part right, from time to time throughout the construction process, upon not less than two (2) business days’ notice, to enter upon the Leased Premises to perform periodic inspections of the Tenant Improvements. Tenant acknowledges that the following items may agrees to respond to and address promptly any reasonable concerns raised by Landlord during or as a result in changes to the Budget and/or Schedule:
(i) Municipal or other governmental inspectors require changes to the Premises such as code compliance changes. In such event, Landlord will notify Tenant of the required changes, but the increased cost of such changes, if any, and any delay associated with such changes shall be the responsibility of Tenantinspections.
(ii) Change Orders approved by Tenant. Any increased costs and delays due to such approved Change Orders shall be the responsibility of Tenant. Any delays caused by such approved Change Orders shall not delay the Commencement Date of the Lease. Landlord shall not charge Tenant any administrative fees in respect of any Change Orders. Tenant shall have five (5) business days to review and approve all Change Orders and any additional review time by Tenant shall be a Tenant Delay.
(iii) If materials are not readily available, require quick ship charges, or require substitution, provided Landlord shall identify any such materials within ten (10) days of final approval of the Plans, and in any such case, Tenant will be given notice and the opportunity to select alternate materials.
(iv) Any Tenant Delay.
Appears in 2 contracts
Samples: Lease (Blue Apron Holdings, Inc.), Lease (Blue Apron Holdings, Inc.)
Construction of Tenant Improvements. Landlord shall obtain all state and local licenses, permits and approvals (whether governmental or non‑governmental) required to construct the Tenant Improvements and for On Tenant's occupancy of the Premises. Landlord shall provide access to the General Contractor for Construction of the Tenant Improvements and to the extent such access requires entry through space occupied by other tenants’s behalf, Landlord shall provide for such access at its sole cost and expense. The Landlord shall engage, subject to Tenant’s reasonable approval, select a licensed general contractor to construct the Tenant Improvements or contractors (the “General Contractor”). The General Contractor shall ) to construct and install the Tenant Improvements in accordance with the Plans (the “Work”) at Tenant’s expense (which expense shall be deducted from the Tenant Improvement Allowance). The Tenant Improvements Contractor shall be delivered via Associated General Contractors subject to the reasonable approval of the Tenant. Landlord shall coordinate and facilitate all communications between Tenant and the Contractor.
a. Prior to commencing Work, Landlord shall submit to Tenant in writing the cost of the Work, which shall include (AGCi) Guaranteed Maximum Price Contract the Contractor’s cost for completing the Work (including the "Contract"Contractor’s general conditions, overhead and profit) with Liquidated Damages of $500.00 per day for each day of delay in achieving in substantial completion beyond the date specified and (ii) a Construction Supervision Fee in the Contract, which date shall amount set forth in Section 1.1 of the Lease to be no later than October 1, 2010, and a payment and performance bond. Any Liquidated Damages (less cost of collection) paid to Landlord shall accrue to manage and oversee the work to be done on Tenant; provided, however, any paid Liquidated Damages for any Tenant Delay shall accrue to Landlord. The General Contractor shall obtain at least three (3) bids for all major trade work at the Premises. Landlord will work with the General Contractor to complete the Tenant Improvements by the Commencement Date. All contracts with vendors and subcontractors for construction of the Tenant Improvements will be negotiated by the General Contractor. All work performed in connection with the construction of the Premises shall be performed in a good and workmanlike manner, in accordance with all Applicable Laws and the final approved Plans. If materials are not readily available, require quick ship charges, or require substitution, the Tenant will be given notice and the opportunity to select alternate materials. Landlord shall insure that the Architect conducts a periodic review (a minimum of once every two weeks) of the progress of construction to ensure compliance with the Plans. Tenant may from time to time request in writing changes to the Plans (a “Change Order”), subject to Landlord’s consent, which shall not be unreasonably withheld. Landlord shall cause Contractor to provide an estimate of any change in the Construction Cost and/or Schedule. Tenant shall have the right to elect whether or not to proceed with the Change Order within five (5) business days after receipt of such estimate. Upon such approval by Tenant, or confirmation by Landlord that the Change Order will not result in any change in cost and/or Schedule, Landlord shall implement the Change Order as part of the Tenant Improvements. Tenant acknowledges that the following items may result in changes to the Budget and/or Schedule:
(i) Municipal or other governmental inspectors require changes to the Premises such as code compliance changes. In such event, Landlord will notify Tenant of the required changes, but the increased cost of such changes, if any, and any delay associated with such changes shall be the responsibility of Tenant.
(ii) Change Orders approved by Tenant. Any increased costs and delays due to such approved Change Orders shall be the responsibility of Tenant. Any delays caused by such approved Change Orders shall not delay the Commencement Date of the Lease. Landlord shall not charge Tenant any administrative fees in respect of any Change Ordersbehalf. Tenant shall have five (5) business days to review and approve all Change Orders the cost of the Work. Landlord shall not authorize the Contractor to proceed with the work until the cost is mutually agreed upon and approved in writing and delivered to Landlord.
b. Any changes in the approved cost of the Work shall be by written change order signed by the Tenant. Tenant agrees to process change orders in a timely fashion. Tenant acknowledges that the following items may result in change orders:
i. Municipal or other governmental inspectors that require changes to the Premises such as additional exit lights, fire damper or whatever other changes they may require. In such event, Landlord will notify the Tenant of the required changes, but the cost of such changes and any delay associated with such changes shall be the responsibility of the Tenant.
ii. Tenant makes changes to the Plans or requests additional review time work. Tenant will be notified of the cost and any delays that would result from the change by a change order signed by Tenant before the changes are implemented.
iii. Any errors or omissions in the Plans or specifications which require changes. Landlord will notify the Tenant of the required changes, but the cost of such changes and any delay associated with such changes shall be a Tenant Delaythe responsibility of the Tenant.
(iii) If materials iv. Materials are not readily available, require quick ship charges, or require substitution.
v. The Tenant Improvement schedule requires Express Review to get permits, provided Landlord shall identify any such materials within ten (10) days of final approval which will increase the costs of the Plans, and in any such case, Tenant will be given notice and the opportunity to select alternate materialspermitting process.
(iv) Any Tenant Delay.
Appears in 2 contracts
Samples: Office Lease (Active Network Inc), Office Lease (Spherix Inc)
Construction of Tenant Improvements. Landlord shall obtain all state and local licenses, permits and approvals (whether governmental or non‑governmental) required to construct the Tenant Improvements and for Tenant's occupancy A. Following approval of the Premises. Landlord shall provide access to the General Contractor for Construction of the Tenant Improvements Final Plans and to the extent such access requires entry through space occupied by other tenantsSpecifications, Landlord shall provide for such access at its sole cost and expense. The Landlord shall engage, subject to Tenant’s reasonable approval, a general contractor to construct the Tenant Improvements (the “General Contractor”). The General Contractor shall construct and install the Tenant Improvements in accordance with the Plans which expense shall be deducted from the Tenant Improvement Allowance. The Tenant Improvements shall be delivered via Associated General Contractors (AGC) Guaranteed Maximum Price Contract (the "Contract") with Liquidated Damages of $500.00 per day for each day of delay in achieving in substantial completion beyond the date specified in the Contract, which date shall be no later than October 1, 2010, and a payment and performance bond. Any Liquidated Damages (less cost of collection) paid to Landlord shall accrue to the Tenant; provided, however, any paid Liquidated Damages for any Tenant Delay shall accrue to Landlord. The General Contractor shall obtain at least three (3) bids for all major trade work at the Premises. Landlord will work with the General Contractor to complete the Tenant Improvements by the Commencement Date. All contracts with vendors and subcontractors for construction of the Tenant Improvements will be negotiated by the General Contractor. All work performed in connection with the construction of the Premises shall be performed in a good and workmanlike manner, in accordance with all Applicable Laws and the final approved Plans. If materials are not readily available, require quick ship charges, or require substitution, the Tenant will be given notice and the opportunity to select alternate materials. Landlord shall insure that the Architect conducts a periodic review (a minimum of once every two weeks) of the progress of construction to ensure compliance with the Plans. Tenant may from time to time request in writing changes to the Plans (a “Change Order”), subject to Landlord’s consent, which shall not be unreasonably withheld. Landlord shall cause Contractor to provide an estimate of any change in the Construction Cost and/or Schedule. Tenant shall have the right to elect whether solicit bids from qualified and approved General Contractors for the Tenant Work. The General Contractor for the Tenant Improvements shall be subject to Landlord’s prior written approval, which approval shall not be unreasonably withheld or delayed, provided however, Landlord reserves the right not to proceed with approve a General Contractor which is, or is affiliates with, another real estate developer. Tenant shall also submit to Landlord a list of subcontractors which Tenant or its General Contractor proposes to use and Landlord shall have the Change Order right to approve such subcontractors, which approval shall not be unreasonably withheld or delayed. Without exception, Landlord requires that its contractor Simplex be utilized to make the appropriate connection to the fire alarm panel. Further, Xxxxxxxx’s contractor Automatic Building Controls must be utilized to integrate fan powered boxes into the Building Automation System at Tenant’s sole expense. Xxxxxxxx agrees to use its best efforts to cause such contractors to bill for such services at market rates. Tenant shall not permit or cause the General Contractor to utilize any subcontractor not so approved by Landlord without first submitting the name of such other subcontractor to Landlord for its reasonable approval as aforesaid. Landlord shall notify Tenant within five (5) business days after receipt following submission of the name of a proposed contractor or subcontractor of the approval or disapproval of such estimatecontractor. Upon such All contractors and subcontractors for the Tenant Improvements shall be licensed, of good reputation, have a demonstrated capability to perform quality workmanship, have financial capacity to complete the work, be experienced in performing work of the type contemplated in similar class office buildings, be familiar with high-rise construction to the extent relevant, be capable of working in harmony with other contractors in the Building, have good labor and minority relations, utilize union labor and be bondable (even though bonds shall not be required). Landlord shall not unreasonably withhold its approval of contractors or subcontractors who meet the foregoing standards; provided, however, that failure to meet the foregoing standards are merely examples of reasons for which Landlord might reasonably withhold approval, whether similar or dissimilar to the foregoing examples. Tenant shall deliver to Landlord copies of all contracts proposed to be executed by TenantTenant for the Tenant Improvements, which shall require the General Contractor to comply with the requirements of this Paragraph 5 and the Tenant Information Manual. The General Contractor shall obtain all required building and other permits and otherwise comply with all laws and governmental rules and regulations with respect to or confirmation in any manner applicable to the Tenant Improvements and other construction in the Premises at all times prior to, during and following said work, the cost of which shall be a cost of the Tenant Improvements payable from the Landlord’s Contribution to the extent thereof.
B. Subject to all of the terms and conditions of this Rider, Tenant shall commence the Tenant Improvements promptly upon tender of possession of the Premises to Tenant and approval of the Final Plans and Specifications by Landlord that the Change Order will not result in any change in cost and/or Schedule, Landlord shall implement the Change Order as part of and diligently proceed with the Tenant Improvements. Tenant acknowledges that the following items may result in changes to the Budget and/or Schedule:
(i) Municipal or other governmental inspectors require changes to Possession of the Premises such as code compliance changes. In such event, Landlord will notify shall be tendered to Tenant upon Landlord’s execution and delivery of the required changes, but the increased cost of such changes, if any, Lease and any delay associated with such changes shall be the responsibility of this Rider to Tenant.
(ii) Change Orders approved by Tenant. Any increased costs and delays due to such approved Change Orders shall be the responsibility of Tenant. Any delays caused by such approved Change Orders shall not delay the Commencement Date of the Lease. Landlord shall not charge Tenant any administrative fees in respect of any Change Orders. Tenant shall have five (5) business days to review and approve all Change Orders and any additional review time by Tenant shall be a Tenant Delay.
(iii) If materials are not readily available, require quick ship charges, or require substitution, provided Landlord shall identify any such materials within ten (10) days of final approval of the Plans, and in any such case, Tenant will be given notice and the opportunity to select alternate materials.
(iv) Any Tenant Delay.
Appears in 2 contracts
Samples: Office Lease (Ameriquest, Inc.), Office Lease (Ameriquest, Inc.)
Construction of Tenant Improvements. Landlord Within ten (10) days after the date hereof, Tenant shall obtain all state cause delivery to Landlord, for Landlord’s review and local licenses, permits and approvals (whether governmental or non‑governmental) required to construct the Tenant Improvements and for Tenant's occupancy approval two sets of the Premises. Landlord shall provide access to the General Contractor for Construction of the Tenant Improvements and to the extent such access requires entry through space occupied by other tenants, Landlord shall provide for such access at its sole cost and expense. The Landlord shall engage, subject to Tenant’s reasonable approval, a general contractor to construct blueline prints describing the Tenant Improvements (the “Preliminary Plans”) along with a draft budget for all of the Tenant Improvements (the “Budget”). Within ten (10) business days after receipt of Xxxxxx’s Preliminary Plans and the Budget, the Landlord will review the Preliminary Plans and the Budget and reply, either “approving”, “approving with notations” or “disapproving” the same. Xxxxxxxx’s approval shall not be unreasonably withheld, conditioned or delayed. If the Preliminary Plans or the Budget (or any portions of either) are rejected by the Landlord for any reason, the Preliminary Plans or Budget, as the case may be, must be corrected and re-submitted until fully approved by Landlord and Tenant. The Preliminary Plans, as submitted to, and approved by, Landlord are hereinafter referred to as the “Final Plans”. Landlord’s review of the Preliminary Plans and the Final Plans as set forth herein shall be for its sole purpose and shall not imply Landlord’s review of the same, or obligate Landlord to review the same, for quality design, code compliance or other like matters, and Landlord shall have no liability whatsoever in connection therewith and shall not be responsible for any omissions or errors contained in the Preliminary Plans or the Final Plans. Tenant shall retain a general contractor approved by Landlord (the “General Contractor”) pursuant to a construction contract in form approved by Landlord (the “Construction Contract”). The , whereby the General Contractor shall is required to construct and install the Tenant Improvements in accordance with the Final Plans which expense and the Construction Contract. Tenant shall cause Landlord to be deducted from recognized as an expressly intended third party beneficiary of the Tenant Improvement Allowance. The Tenant Improvements shall be delivered via Associated General Contractors (AGC) Guaranteed Maximum Price Construction Contract (the "Contract") with Liquidated Damages of $500.00 per day for each day of delay in achieving in substantial completion beyond the date specified in the Contract, which date shall be no later than October 1, 2010, and a payment and performance bond. Any Liquidated Damages (less cost of collection) paid to Landlord shall accrue to the Tenant; provided, however, any paid Liquidated Damages for any Tenant Delay shall accrue to Landlord. The General Contractor shall obtain at least three (3) bids for all major trade work at the Premises. Landlord will work with require the General Contractor to complete the Tenant Improvements by the Commencement Date. All contracts execute with vendors and subcontractors for construction of the Tenant Improvements will be negotiated by the General Contractor. All work performed in connection with the construction of the Premises shall be performed in a good and workmanlike manner, in accordance with all Applicable Laws and the final approved Plans. If materials are not readily available, require quick ship charges, or require substitution, the Tenant will be given notice and the opportunity to select alternate materials. Landlord shall insure that the Architect conducts a periodic review (a minimum of once every two weeks) of the progress of construction to ensure compliance with the Plans. Tenant may from time to time request in writing changes respect to the Plans (a “Change Order”), subject to Landlord’s consent, Construction Contract an Acknowledgement of Third Party Beneficiary which shall not be unreasonably withheld. Landlord shall cause Contractor to provide an estimate of any change is substantially in the Construction Cost and/or Schedule. Tenant shall have the right to elect whether or not to proceed with the Change Order within five (5) business days after receipt of such estimate. Upon such approval by Tenant, or confirmation by Landlord that the Change Order will not result in any change in cost and/or Schedule, Landlord shall implement the Change Order form attached hereto as part of the Tenant Improvements. Tenant acknowledges that the following items may result in changes to the Budget and/or Schedule:
(i) Municipal or other governmental inspectors require changes to the Premises such as code compliance changes. In such event, Landlord will notify Tenant of the required changes, but the increased cost of such changes, if any, and any delay associated with such changes shall be the responsibility of Tenant.
(ii) Change Orders approved by Tenant. Any increased costs and delays due to such approved Change Orders shall be the responsibility of Tenant. Any delays caused by such approved Change Orders shall not delay the Commencement Date of the Lease. Landlord shall not charge Tenant any administrative fees in respect of any Change Orders. Tenant shall have five (5) business days to review and approve all Change Orders and any additional review time by Tenant shall be a Tenant Delay.
(iii) If materials are not readily available, require quick ship charges, or require substitution, provided Landlord shall identify any such materials within ten (10) days of final approval of the Plans, and in any such case, Tenant will be given notice and the opportunity to select alternate materials.
(iv) Any Tenant Delay.Exhibit A.
Appears in 2 contracts
Samples: Financial Statements (Peak Resorts Inc), Financial Statements (Peak Resorts Inc)
Construction of Tenant Improvements. Landlord After receipt of Landlord's approval of Tenant's Plans and receipt of any necessary building permits, Tenant shall obtain all state administer and local licensesdiligently prosecute the construction of Tenant Improvements in accordance with the Warm Shell Plans and Tenant's Plans. Tenant shall contract with either Devcon Construction, permits and approvals (whether governmental Rudoxxx xxx Sletxxx, XXR or non‑governmental) required Webcor Builders, to construct act as general contractor for the Tenant Improvements and for Tenant's occupancy of the Premises. Landlord shall provide access to the General Contractor for Construction of the Tenant Improvements and to the extent such access requires entry through space occupied by other tenants, Landlord shall provide for such access at its sole cost and expenseImprovements. The Landlord shall engage, subject to Tenant’s reasonable approval, a general contractor selected to construct the Tenant Improvements (the “General Contractor”). The General Contractor shall construct and install complete the Tenant Improvements in accordance with the Plans which expense preceding sentence shall be deducted from defined herein as the "Tenant Improvement AllowanceContractor". The If Devcon Construction is not selected, Tenant shall ensure that the selected general contractor will work harmoniously with Landlord's contractor for the Base Building and with the Warm Shall Contractor and to ensure no interference with completion of the Base Building or Warm Shell Improvements, and any such interference shall constitute "Tenant Delay" hereunder. All Tenant Improvements shall be delivered via Associated General Contractors (AGC) Guaranteed Maximum Price Contract constructed using union labor for all trades. The construction contract for the Tenant Improvements (the "Tenant Improvement Contract") with Liquidated Damages of $500.00 per day for each day of delay shall be in achieving form and substance acceptable to Tenant and approved by Landlord in substantial completion beyond its reasonable discretion, and shall include, without limitation, requirements (i) that Tenant's Contractor carry such insurance as Landlord may reasonably require, and (ii) that Landlord, at Landlord's sole option, may succeed Tenant and enforce the date specified Construction Contract in the Contract, which date shall be no later than October 1, 2010, and event of a payment and performance bond. Any Liquidated Damages (less cost of collection) paid to Landlord shall accrue to the Tenant; provided, however, any paid Liquidated Damages for any Tenant Delay shall accrue to Landlord. The General Contractor shall obtain at least three (3) bids for all major trade work at the Premises. Landlord will work with the General Contractor to complete the Tenant Improvements by the Commencement Date. All contracts with vendors and subcontractors for construction termination of the Lease. Both Landlord and Tenant Improvements will be negotiated by shall have the General Contractor. All work performed full benefit of all contractor warranties in connection with the construction of the Premises shall be performed in a good Warm Shell Improvements and workmanlike manner, in accordance with all Applicable Laws and the final approved Plans. If materials are not readily available, require quick ship charges, or require substitution, the Tenant will be given notice and the opportunity to select alternate materials. Landlord shall insure that the Architect conducts a periodic review (a minimum of once every two weeks) of the progress of construction to ensure compliance with the Plans. Tenant may from time to time request in writing changes to the Plans (a “Change Order”), subject to Landlord’s consent, which shall not be unreasonably withheld. Landlord shall cause Contractor to provide an estimate of any change in the Construction Cost and/or Schedule. Tenant shall have the right to elect whether or not to proceed with the Change Order within five (5) business days after receipt of such estimate. Upon such approval by Tenant, or confirmation by Landlord that the Change Order will not result in any change in cost and/or Schedule, Landlord shall implement the Change Order as part of the Tenant Improvements. Tenant acknowledges that shall direct and authorize Tenant's Contractors for the following items may result in changes Warm Shell Improvements and for the Tenant Improvements to the Budget and/or Schedule:
(i) Municipal or other governmental inspectors require changes to the Premises such as code compliance changes. In such event, keep Landlord will notify Tenant fully informed of the required changes, but construction process for the increased cost Tenant Improvements by inviting Landlord to all project design and construction meetings and delivering to Landlord the minutes of all such changes, if anymeetings, and any delay associated to provide Landlord with such changes shall be the responsibility of access to all documentation and other information in Tenant.
(ii) Change Orders approved by Tenant. Any increased costs and delays due to such approved Change Orders shall be the responsibility of Tenant. Any delays caused by such approved Change Orders shall not delay the Commencement Date 's Contractor's possession or control regarding construction of the Lease. Warm Shell Improvements and Tenant Improvements, as applicable, provided that Landlord shall not charge be obligated to monitor or inspect construction of the Warm Shell Improvements and/or Tenant Improvements or any administrative fees information in connection therewith. All Warm Shell Improvements shall be constructed by Devcon Construction pursuant to the Warm Shell Contract, and all Tenant Improvements shall be constructed by the Tenant Improvement Contractor pursuant to the Tenant Improvement Contract, and Tenant shall be responsible for project management with respect to construction of any Change Ordersthe Warm Shell Improvements and the Tenant Improvements. Tenant shall have five (5) business days not, at any time prior to review or during the Term, directly or indirectly employ, or permit the employment of, any contractor, mechanic or laborer in the Premises, whether in connection with the Warm Shell Improvements, the Tenant Improvements, any Alterations made pursuant to the Lease, or otherwise, if it is reasonably foreseeable that such employment will materially interfere or cause any material conflict with other contractors, mechanics or laborers engaged in the construction, maintenance or operation of the Project by Landlord, Tenant or others. In the event of any such interference or conflict, Tenant, upon demand of Landlord, shall cause all contractors, mechanics or laborers causing such interference or conflict to immediately cease and approve desist from such interference or conflict. Installation of all Change Orders Warm Shell Improvements and any additional review time by Tenant Improvements shall be coordinated with Landlord's contractor's schedule for the Base Building, and shall be handled in such a Tenant Delay.
(iii) If materials are manner as to not readily available, require quick ship charges, interfere with or require substitution, provided Landlord shall identify any such materials within ten (10) days of final approval delay construction or completion of the Plans, and in any such case, Tenant will be given notice and the opportunity to select alternate materialsBase Building.
(iv) Any Tenant Delay.
Appears in 2 contracts
Samples: Lease Agreement (Handspring Inc), Lease Agreement (Handspring Inc)
Construction of Tenant Improvements. 5.1 Landlord shall obtain all state and local licenses, permits and approvals (whether governmental or non‑governmental) required to construct cause the Tenant Improvements and to be substantially completed sufficient for Tenant's the issuance of a temporary certificate of occupancy for the Premises on or before the Commencement Date of the Premises. Landlord shall provide access to the General Contractor for Construction of the Tenant Improvements and to the extent such access requires entry through space occupied by other tenants, Landlord shall provide for such access at its sole cost and expense. The Landlord shall engage, subject to Tenant’s reasonable approval, a general contractor to construct the Tenant Improvements (the “General Contractor”). The General Contractor shall construct and install the Tenant Improvements Lease in accordance with the Plans which expense provisions set forth in this Work Letter. Landlord shall supervise the completion of such work and shall use diligent efforts to secure substantial completion of the work in accordance with the Work Schedule. The cost of such work shall be deducted from the Tenant Improvement Allowance. The Tenant Improvements shall be delivered via Associated General Contractors (AGC) Guaranteed Maximum Price Contract (the "Contract") with Liquidated Damages of $500.00 per day for each day of delay paid as provided in achieving in substantial completion beyond the date specified in the Contract, which date shall be no later than October 1, 2010, and a payment and performance bond. Any Liquidated Damages (less cost of collection) paid to Landlord shall accrue to the Tenant; provided, however, any paid Liquidated Damages for any Tenant Delay shall accrue to Landlord. The General Contractor shall obtain at least three (3) bids for all major trade work at the Premises. Landlord will work with the General Contractor to complete the Tenant Improvements by the Commencement Date. All contracts with vendors and subcontractors for construction of the Tenant Improvements will be negotiated by the General Contractor. All work performed in Section 6.
5.2 In connection with the construction of the Premises shall be performed in a good Tenant Improvements, Landlord and workmanlike manner, in accordance with all Applicable Laws and the final approved Plans. If materials are not readily available, require quick ship charges, or require substitution, the Tenant will be given notice and the opportunity to select alternate materials. Landlord shall insure that the Architect conducts a periodic review (a minimum of once every two weeks) of the progress of construction to ensure compliance with the Plans. Tenant may from time to time request in writing changes to the Plans (a “Change Order”), subject to Landlord’s consent, which shall not be unreasonably withheld. Landlord shall cause Contractor to provide an estimate of any change in the Construction Cost and/or Schedule. Tenant shall arrange for Tenant to have the right to elect whether or not to proceed with the Change Order within five (5) business days after receipt of such estimate. Upon such approval by Tenant, or confirmation by Landlord that the Change Order will not result in any change in cost and/or Schedule, Landlord shall implement the Change Order as part of the Tenant Improvements. Tenant acknowledges that the following items may result in changes to the Budget and/or Schedule:
(i) Municipal or other governmental inspectors require changes access to the Premises such as code compliance changes. In such event, Landlord will notify Tenant of the required changes, but the increased cost of such changes, if any, and any delay associated with such changes shall be the responsibility of Tenant.
(ii) Change Orders approved by Tenant. Any increased costs and delays due to such approved Change Orders shall be the responsibility of Tenant. Any delays caused by such approved Change Orders shall not delay the Commencement Date of the Lease. Landlord shall not charge Tenant any administrative fees in respect of any Change Orders. Tenant shall have five (5) business days to review and approve all Change Orders and any additional review time by Tenant shall be a Tenant Delay.
(iii) If materials are not readily available, require quick ship charges, or require substitution, provided Landlord shall identify any such materials within commencing approximately ten (10) days prior to the estimated date for substantial completion shown on the Work Schedule, in order to allow Tenant to install systems furniture/workstations, telephone lines and telephone systems, fiber optics, computer cabling, and related similar matters, and, on a "space ready" basis only, to commence installation of final Tenant's trade fixtures. Tenant shall schedule installation of such items with Landlord and Landlord's contractor so as not to unreasonably impede, interfere with or delay the progress of construction of the Tenant Improvements; and Tenant shall perform such installation in accordance with guidelines promulgated by Landlord's contractor. Delay, interference or damage arising out of Tenant's installation of such items shall constitute a Tenant Delay under Section 7. Any and all costs of installation of such items shall be at Tenant's sole cost and expense.
5.3 During the period of construction of the Tenant Improvements, Landlord shall consult with Tenant from time to time as necessary to achieve approval of certain matters and installations related to the PlansTenant Improvements. Such approvals shall be forthcoming from Tenant within a reasonable time period as requested by Landlord, and which time period shall enable Landlord to maintain the schedule for substantial completion of the Tenant Improvements stated in any the Work Schedule. Failure of Tenant to respond within such case, Tenant will be given notice and the opportunity to select alternate materials.
(iv) Any requested time period shall constitute a Tenant Delay. EXHIBIT B TENANT IMPROVEMENTS
5.4 During the period of construction of the Tenant Improvements, Landlord and Tenant shall meet at regular meetings occurring at least once monthly regarding the status of the construction and occurring at least once weekly during the final month of construction. If timely, matters requiring Tenant's approval may be determined at such meetings and decisions shall be reflected in the minutes of such meetings.
Appears in 2 contracts
Samples: Sublease Agreement (Avenue a Inc), Sublease Agreement (Avenue a Inc)
Construction of Tenant Improvements. (a) Tenant has personally inspected the Leased Premises and accepts the same “AS IS” without representation or warranty by Landlord of any kind and with the understanding that Landlord shall obtain all state and local licenses, permits and approvals (whether governmental or non‑governmental) required have no responsibility with respect thereto except to construct in a good and workmanlike manner the improvements described in the scope of work attached hereto as Exhibit B and made a part hereof (the “Tenant Improvements and for Tenant's occupancy of the Premises. Improvements”).
(b) Landlord shall provide access to Tenant with a proposed schedule for the General Contractor for Construction construction and installation of the Tenant Improvements and shall notify Tenant of any material changes to said schedule. Tenant agrees to coordinate with Landlord regarding the installation of Tenant’s phone and data wiring and any other trade related fixtures that will need to be installed in the Leased Premises prior to substantial completion of the Tenant Improvements. In addition, if and to the extent such access requires entry through space occupied permitted by other tenantsapplicable laws, Landlord shall provide for such access at its sole cost rules and expense. The Landlord shall engageordinances, subject to Tenant’s reasonable approval, a general contractor to construct the Tenant Improvements (the “General Contractor”). The General Contractor shall construct and install the Tenant Improvements in accordance with the Plans which expense shall be deducted from the Tenant Improvement Allowance. The Tenant Improvements shall be delivered via Associated General Contractors (AGC) Guaranteed Maximum Price Contract (the "Contract") with Liquidated Damages of $500.00 per day for each day of delay in achieving in substantial completion beyond the date specified in the Contract, which date shall be no later than October 1, 2010, and a payment and performance bond. Any Liquidated Damages (less cost of collection) paid to Landlord shall accrue to the Tenant; provided, however, any paid Liquidated Damages for any Tenant Delay shall accrue to Landlord. The General Contractor shall obtain at least three (3) bids for all major trade work at the Premises. Landlord will work with the General Contractor to complete the Tenant Improvements by the Commencement Date. All contracts with vendors and subcontractors for construction of the Tenant Improvements will be negotiated by the General Contractor. All work performed in connection with the construction of the Premises shall be performed in a good and workmanlike manner, in accordance with all Applicable Laws and the final approved Plans. If materials are not readily available, require quick ship charges, or require substitution, the Tenant will be given notice and the opportunity to select alternate materials. Landlord shall insure that the Architect conducts a periodic review (a minimum of once every two weeks) of the progress of construction to ensure compliance with the Plans. Tenant may from time to time request in writing changes to the Plans (a “Change Order”), subject to Landlord’s consent, which shall not be unreasonably withheld. Landlord shall cause Contractor to provide an estimate of any change in the Construction Cost and/or Schedule. Tenant shall have the right to elect whether or enter the Leased Premises for thirty (30) days prior to the scheduled date for substantial completion of the Tenant improvements (as may be notified from time to time) in order to install fixtures (such as racking) and otherwise prepare the Leased Premises for occupancy (which right shall expressly exclude making any structural modifications). During any entry prior to the Commencement Date (i) Tenant shall comply with all terms and conditions of this Lease other than the obligation to pay rent, (ii) Tenant shall not to proceed interfere with the Change Order within five (5) business days after receipt of such estimate. Upon such approval by Tenant, or confirmation by Landlord that the Change Order will not result in any change in cost and/or Schedule, Landlord shall implement the Change Order as part Landlord’s completion of the Tenant Improvements, (iii) Tenant shall cause its personnel and contractors to comply with the terms and conditions of Landlord’s rules of conduct (which Landlord agrees to furnish to Tenant upon request), and (iv) Tenant shall not begin operation of its business. Tenant acknowledges that the following items may result in changes to the Budget and/or Schedule:
(i) Municipal or other governmental inspectors require changes to the Premises such as code compliance changes. In such event, Landlord will notify Tenant of the required changes, but the increased cost of such changes, if any, and any delay associated with such changes shall be the responsibility of responsible for obtaining all applicable permits and inspections relating to any such entry by Tenant.
(iic) Change Orders approved by TenantLandlord shall use commercially reasonable efforts to substantially complete the Tenant Improvements on or before September 1, 2002. Any increased costs and delays due to such approved Change Orders shall be the responsibility of Tenant. Any delays caused by such approved Change Orders shall not delay Promptly following the Commencement Date of the Lease. Landlord shall not charge Tenant any administrative fees in respect of any Change Orders. Date, Tenant shall have five (5) business days to review execute Landlord’s Letter of Understanding in substantially the form attached hereto as Exhibits C and approve all Change Orders and any additional review time by made a part hereof, acknowledging, among other things, that Tenant shall be a Tenant Delayhas accepted the Leased Premises.
(iiid) If materials are not readily availableLandlord agrees to complete the Tenant Improvements no later than September 1, require quick ship charges, or require substitution, provided Landlord shall identify any such materials within ten (10) days of final approval of the Plans, and in any such case, Tenant will be given notice and the opportunity to select alternate materials2002.
(iv) Any Tenant Delay.
Appears in 2 contracts
Samples: Industrial Lease Agreement, Industrial Lease Agreement (Primerica, Inc.)
Construction of Tenant Improvements. Landlord shall obtain all state and local licenses, permits and approvals (whether governmental or non‑governmental) required to construct the Tenant Improvements and for Tenant's occupancy of the Premises. Landlord shall provide access Prior to the General Contractor for Construction commencement of the Tenant Improvements and to the extent such access requires entry through space occupied by other tenants, Landlord shall provide for such access at its sole cost and expense. The Landlord shall engage, subject to Tenant’s reasonable approval, a general contractor to construct the Tenant Improvements (the “General Contractor”). The General Contractor shall construct and install the Tenant Improvements in accordance with the Plans which expense shall be deducted from the Tenant Improvement Allowance. The Tenant Improvements shall be delivered via Associated General Contractors (AGC) Guaranteed Maximum Price Contract (the "Contract") with Liquidated Damages of $500.00 per day for each day of delay in achieving in substantial completion beyond the date specified in the Contract, which date shall be no later than October 1, 2010, and a payment and performance bond. Any Liquidated Damages (less cost of collection) paid to Landlord shall accrue to the Tenant; provided, however, any paid Liquidated Damages for any Tenant Delay shall accrue to Landlord. The General Contractor shall obtain at least three (3) bids for all major trade work at the Premises. Landlord will work with the General Contractor to complete the Tenant Improvements by the Commencement Date. All contracts with vendors and subcontractors for ----------------------------------- construction of the Tenant Improvements, Tenant shall: (a) obtain the approval of Landlord to the Tenant Improvements will Drawings and Specifications, as set forth above; (b) obtain, at the sole cost and expense of Tenant, all building and other permits required to be negotiated by the General Contractor. All work performed issued in connection with the construction of the Premises shall be performed in a good Tenant Improvements; (c) supply to Landlord, at Landlord's option but at the sole cost and workmanlike mannerexpense of Tenant, in accordance payment and performance bonds naming Landlord as an obligee with all Applicable Laws and the final approved Plans. If materials are not readily available, require quick ship charges, or require substitution, the Tenant will be given notice and the opportunity to select alternate materials. Landlord shall insure that the Architect conducts a periodic review (a minimum of once every two weeks) of the progress of construction to ensure compliance with the Plans. Tenant may from time to time request in writing changes respect to the Plans (a “Change Order”), subject to Landlord’s consent, which shall not be unreasonably withheld. Landlord shall cause Contractor to provide an estimate of any change in the Construction Cost and/or Schedule. Tenant shall have the right to elect whether or not to proceed with the Change Order within five (5) business days after receipt of such estimate. Upon such approval by Tenant, or confirmation by Landlord that the Change Order will not result in any change in cost and/or Schedule, Landlord shall implement the Change Order as part construction contract for completion of the Tenant Improvements, each of such bonds being in an amount not less than the maximum amount of the construction contract made between Tenant and Tenant's General Contractor; and (d) provide, at the sole cost and expense of Tenant, to Landlord such builder's risk, liability, property damage and other insurance, covering Landlord, Tenant, Tenant's General Contractor and such other parties as Landlord shall reasonably deem necessary, in such amounts and with such coverages as Landlord, in its reasonable judgment, shall require. The Tenant acknowledges Improvements shall be constructed by Tenant with new, first class materials, as typically employed in the construction of first class office buildings, and by skilled workmen. Upon Substantial Completion of the Tenant Improvements, Tenant shall supply to Landlord fully executed waivers of liens from the Tenant's General Contractor and each of the subcontractors employed by Tenant's General Contractor in connection with the Tenant Improvements. In the event that any mechanics' or materialmen's lien shall be filed against the following items Property in connection with, or as a result of, the construction of the Tenant Improvements, Tenant shall immediately cause the same to be discharged or bonded off, at Tenant's sole cost and expense. Furthermore, Tenant shall indemnify and hold Landlord harmless from and against any and all losses, damages, liabilities, costs or expenses that Landlord may suffer or incur as a result of, or in changes to the Budget and/or Schedule:
connection with, (i) Municipal the filing of any mechanics' or other governmental inspectors require changes to materialsmen's liens in connection with the Premises such as code compliance changes. In such eventTenant Improvements, Landlord will notify Tenant of the required changes, but the increased cost of such changes, if any, and any delay associated with such changes shall be the responsibility of Tenant.
or (ii) Change Orders approved by Tenant. Any increased costs and delays due to such approved Change Orders shall be the responsibility of Tenant. Any delays caused by such approved Change Orders shall not delay the Commencement Date making of the Lease. Landlord shall not charge Tenant any administrative fees in respect of any Change Orders. Improvements by Tenant shall have five (5) business days to review and approve all Change Orders and any additional review time by Tenant shall be a Tenant Delay.
(iii) If materials are not readily available, require quick ship charges, or require substitution, provided Landlord shall identify any such materials within ten (10) days of final approval of the Plansactions or omissions of Tenant or any of the agents, and employees or contractors of Tenant in any such case, Tenant will be given notice and the opportunity to select alternate materialsconnection therewith.
(iv) Any Tenant Delay.
Appears in 1 contract
Construction of Tenant Improvements. Landlord shall obtain all state Following
(a) Landlord’s approval of the Final Plans, Tenant’s Architect, the Work Cost Statement, the Contractors, the insurance required under Section 8(e) below, and local licenses, permits and approvals (whether governmental or non‑governmentalb) required to construct the issuance of the building permit for the Tenant Improvements and Improvements, Tenant shall cause its Direct Contractor (selected as provided in Section 8(n)) to mobilize for Tenant's occupancy of the Premises. Landlord shall provide access job, to commence with the General Contractor for Construction construction of the Tenant Improvements and thereafter diligently proceed to the extent such access requires entry through space occupied by other tenantsCompletion, Landlord shall provide for such access at its sole cost and expense. The Landlord shall engage, subject to Tenant’s reasonable approval, a general contractor to construct the Tenant Improvements (the “General Contractor”). The General Contractor shall construct and install the Tenant Improvements all in accordance with applicable law and the Plans which expense shall be deducted from Amended Lease (including, without limitation, Section 13 of the Tenant Improvement Allowance. The Tenant Improvements shall be delivered via Associated General Contractors (AGC) Guaranteed Maximum Price Contract (the "Contract") with Liquidated Damages of $500.00 per day for each day of delay in achieving in substantial completion beyond the date specified in the Contract, which date shall be no later than October 1, 2010Original Lease), and a payment and performance bond. Any Liquidated Damages (less cost of collection) paid to Landlord shall accrue to the Tenant; provided, however, any paid Liquidated Damages for any Tenant Delay shall accrue to Landlord. The General Contractor shall obtain at least three (3) bids for all major trade work at the Premises. Landlord will work with the General Contractor to complete the Tenant Improvements by the Commencement Date. All contracts with vendors and subcontractors for construction of the Tenant Improvements will be negotiated by the General Contractor. All work performed in connection with the construction of the Premises shall be performed in a good and workmanlike manner. Tenant shall use diligent efforts to cause its Direct Contractor to Complete the Tenant Improvements in a diligent, good and workmanlike manner in accordance with all Applicable Laws the Final Plans and the final approved Plans. If materials are not readily available, require quick ship charges, or require substitution, the Tenant will be given notice Design and the opportunity to select alternate materials. Landlord shall insure that the Architect conducts a periodic review (a minimum of once every two weeks) of the progress of construction to ensure compliance with the Plans. Tenant may from time to time request in writing changes to the Plans (a “Change Order”), subject to Landlord’s consent, which shall not be unreasonably withheld. Landlord shall cause Contractor to provide an estimate of any change in the Construction Cost and/or Schedule. Tenant will cause the Tenant Improvements to be constructed and performed (i) during times and in a manner reasonably determined by Landlord to minimize interference with any other tenants’ use and enjoyment of the Project and (ii) in full compliance with all of Landlord’s rules and regulation applicable to third party contractors, subcontractors and suppliers performing work at the Project. Landlord shall have the right to elect whether enter upon the Premises from time to time to inspect the construction activities and status of construction following reasonable advance notice to Tenant or not without notice if the event Landlord in good faith believes there to proceed be an urgent or emergency circumstance or in the exercise of Landlord’s rights under the Amended Lease. However, Landlord is under no obligations to inspect or supervise construction of any Tenant Improvements, and no inspection by Landlord shall be construed as a representation that the Tenant Improvements are in compliance with the Change Order within five (5) business days after receipt Final Plans, free of such estimate. Upon such approval by Tenantdefect or fault, or confirmation by are in conformance with applicable law. Tenant shall provide to Landlord that not less than thirty (30) days prior written notice of the Change Order will not result in any change in cost and/or Schedule, Landlord shall implement Tenant’s good faith estimate of the Change Order as part date of commencement of construction of the Tenant Improvements. Immediately upon the first day of commencement of construction, Tenant acknowledges that the following items may result shall notify Landlord in changes to the Budget and/or Schedule:
(i) Municipal or other governmental inspectors require changes to the Premises such as code compliance changes. In such event, Landlord will notify Tenant of the required changes, but the increased cost writing of such changes, if any, and any delay associated with such changes shall be the responsibility of Tenant.
(ii) Change Orders approved by Tenant. Any increased costs and delays due to such approved Change Orders shall be the responsibility of Tenant. Any delays caused by such approved Change Orders shall not delay the Commencement Date of the Leasecommencement. Landlord shall not charge Tenant any administrative fees in respect have the right to record and post a notice of any Change Orders. Tenant shall have five (5) business days non-responsibility to review and approve all Change Orders and any additional review time by Tenant shall be a Tenant Delayobtain the protections afforded pursuant to California Civil Code Section 8444.
(iii) If materials are not readily available, require quick ship charges, or require substitution, provided Landlord shall identify any such materials within ten (10) days of final approval of the Plans, and in any such case, Tenant will be given notice and the opportunity to select alternate materials.
(iv) Any Tenant Delay.
Appears in 1 contract
Samples: Telecom Business Center NNN Lease (REVA Medical, Inc.)
Construction of Tenant Improvements. 6.1. Landlord shall obtain all state and local licenses, permits and approvals (whether governmental or non‑governmental) required to construct cause the Tenant Improvements and to be substantially completed sufficient for Tenant's the issuance of a temporary certificate of occupancy for the Premises on or before the Commencement Date of the Premises. Landlord shall provide access to the General Contractor for Construction of the Tenant Improvements and to the extent such access requires entry through space occupied by other tenants, Landlord shall provide for such access at its sole cost and expense. The Landlord shall engage, subject to Tenant’s reasonable approval, a general contractor to construct the Tenant Improvements (the “General Contractor”). The General Contractor shall construct and install the Tenant Improvements Lease in accordance with the Plans which expense provisions set forth in this Work Letter. Landlord shall supervise the completion of such work and shall use diligent efforts to secure substantial completion of the work in accordance with the Work Schedule. The cost of such work shall be deducted from the Tenant Improvement Allowancepaid as provided in Section 7.
6.2. The Tenant Improvements shall be delivered via Associated General Contractors (AGC) Guaranteed Maximum Price Contract (the "Contract") with Liquidated Damages of $500.00 per day for each day of delay in achieving in substantial completion beyond the date specified in the Contract, which date shall be no later than October 1, 2010, and a payment and performance bond. Any Liquidated Damages (less cost of collection) paid to Landlord shall accrue to the Tenant; provided, however, any paid Liquidated Damages for any Tenant Delay shall accrue to Landlord. The General Contractor shall obtain at least three (3) bids for all major trade work at the Premises. Landlord will work with the General Contractor to complete the Tenant Improvements by the Commencement Date. All contracts with vendors and subcontractors for construction of the Tenant Improvements will be negotiated by the General Contractor. All work performed in In connection with the construction of the Tenant Improvements, Landlord and Tenant shall arrange for Tenant to have access to the Premises shall be performed in a good and workmanlike mannercommencing approximately 10 days prior to the estimated date for substantial completion shown on the Work Schedule, in accordance order to allow Tenant to install telephone lines and telephone systems, fiber optics, computer cabling, and related similar matters, and, on a "space ready" basis only, to commence installation of Tenant's trade fixtures. Tenant shall schedule installation of such items with all Applicable Laws Landlord and the final approved Plans. If materials are Landlord's contractor so as not readily availableto unreasonably impede, require quick ship charges, interfere with or require substitution, the Tenant will be given notice and the opportunity to select alternate materials. Landlord shall insure that the Architect conducts a periodic review (a minimum of once every two weeks) of delay the progress of construction to ensure compliance of the Tenant Improvements; and Tenant shall perform such installation in accordance with guidelines promulgated by Landlord's contractor. Delay, interference or damage arising out of Tenant's installation of such items shall constitute a Tenant Delay under Section 8. Any and all costs of installation of such items shall be at Tenant's sole cost and expense.
6.3. During the Plans. period of construction of the Tenant may Improvements, Landlord shall consult with Tenant from time to time request in writing changes as necessary to the Plans (a “Change Order”), subject achieve approval of certain matters and installations related to Landlord’s consent, which shall not be unreasonably withheld. Landlord shall cause Contractor to provide an estimate of any change in the Construction Cost and/or Schedule. Tenant shall have the right to elect whether or not to proceed with the Change Order within five (5) business days after receipt of such estimate. Upon such approval by Tenant, or confirmation by Landlord that the Change Order will not result in any change in cost and/or Schedule, Landlord shall implement the Change Order as part of the Tenant Improvements. Such approvals shall be forthcoming from Tenant acknowledges that within a reasonable time period as requested by Landlord, which time period shall enable Landlord to maintain the following items may result in changes to the Budget and/or Schedule:
(i) Municipal or other governmental inspectors require changes to the Premises such as code compliance changes. In such event, Landlord will notify Tenant schedule for substantial completion of the required changes, but Tenant Improvements stated in the increased cost Work Schedule. Failure of Tenant to respond within such changes, if any, and any delay associated with such changes requested time period shall be the responsibility of Tenant.
(ii) Change Orders approved by Tenant. Any increased costs and delays due to such approved Change Orders shall be the responsibility of Tenant. Any delays caused by such approved Change Orders shall not delay the Commencement Date of the Lease. Landlord shall not charge Tenant any administrative fees in respect of any Change Orders. Tenant shall have five (5) business days to review and approve all Change Orders and any additional review time by Tenant shall be constitute a Tenant Delay.
(iii) If materials are not readily available, require quick ship charges, or require substitution, provided Landlord shall identify any such materials within ten (10) days 6.4. During the period of final approval construction of the PlansTenant Improvements, Landlord and Tenant shall meet at regular meetings occurring at least once monthly regarding the status of the construction and occurring at least once weekly during the final month of construction. If timely, matters requiring Tenant's approval may be determined at such meetings and decisions shall be reflected in any the minutes of such case, Tenant will be given notice and the opportunity to select alternate materialsmeetings.
(iv) Any Tenant Delay.
Appears in 1 contract
Samples: Lease Agreement (Advanced Digital Information Corp)
Construction of Tenant Improvements. Landlord shall obtain all state and local licenses, permits and approvals (whether governmental or non‑governmental) required to construct the Tenant Improvements and for Tenant's occupancy of the Premises. Landlord shall provide access to the General Contractor for Construction of the Tenant Improvements and to the extent such access requires entry through space occupied by other tenants, Landlord shall provide for such access at its sole cost and expense. The Landlord shall engage, subject to Tenant’s reasonable approval, a general contractor to construct the Tenant Improvements (the “General Contractor”). The General Contractor shall construct and install the Tenant Improvements in accordance with the Plans which expense shall be deducted from the Tenant Improvement Allowance. The Tenant Improvements shall be delivered via Associated General Contractors (AGC) Guaranteed Maximum Price Contract (the "Contract") with Liquidated Damages of $500.00 per day for each day of delay in achieving in substantial completion beyond the date specified in the Contract, which date shall be no later than October 1, 2010, and a payment and performance bond. Any Liquidated Damages (less cost of collection) paid to Landlord shall accrue to the Tenant; provided, however, any paid Liquidated Damages for any Tenant Delay shall accrue to Landlord. The General Contractor shall obtain at least three (3) bids for all major trade work at the Premises. Landlord will work with the General Contractor to complete the Tenant Improvements by the Commencement Date. All contracts with vendors and subcontractors take responsibility for construction of the Tenant Improvements Improvements, subject to the following limitations:
(1) Landlord will have the right to review and approve all plans and activities relating to construction in the Premises or on the Property, and Tenant will pay to Landlord a sum equal to One Percent (1%) of the Tenant Improvement Costs to cover the cost of Landlord’s oversight. Such review and oversight will be negotiated by solely for Landlord’s protection, and Landlord does not and will not owe any duties to Tenant relating to the General Contractor. All work performed in connection with quality, legality, or any other matter relating to the design, purchase, installation, or construction of the Premises Tenant Improvements. Tenant waives and gives up any and all claims against Landlord arising out of Landlord’s oversight or failure to provide oversight of the construction process as to the Tenant Improvements.
(2) Landlord will have the right to approve the general contractor and all plans, specifications, and working drawings. Tenant shall not start construction until it has presented to Landlord a set of plans and specifications that were approved by Landlord and which have also been approved by the City of Santa Xxxxx, an issued building permit for construction, and insurance certificates in amounts and with coverages satisfactory to Landlord to protect its interests during construction.
(3) The construction of the Tenant Improvements shall be performed conducted by Tenant in accord with all applicable laws and regulations, in accord with the City-approved plans, specifications, and working drawings as approved by Landlord (as modified by any change orders approved by Landlord and Tenant pursuant to the provisions of this Agreement which have also been approved by the City), and in a good first class, reasonable, and workmanlike manner, without negligence. All materials and equipment furnished shall be fully paid for and be free of liens, chattel mortgages, and security interests of any kind, new, and in accordance with all Applicable Laws and the final approved Plans. If materials are good condition.
(4) Landlord’s approvals required in this Section 6 will not readily available, require quick ship charges, unreasonably be withheld or require substitution, the Tenant delayed by Landlord; such approvals or disapprovals will be given notice and the opportunity provided to select alternate materials. Landlord shall insure that the Architect conducts a periodic review (a minimum of once every two weeks) of the progress of construction to ensure compliance with the Plans. Tenant may from time to time request in writing changes to the Plans (a “Change Order”), subject to Landlord’s consent, which shall not be unreasonably withheld. Landlord shall cause Contractor to provide an estimate of any change in the Construction Cost and/or Schedule. Tenant shall have the right to elect whether or not to proceed with the Change Order within five (5) business days after receipt Tenant supplies Landlord with the request for approval and all necessary backup information, plans, and drawings.
(5) Tenant shall pay all taxes and fees arising from the construction of the Tenant Improvements (but to the extent available, the Tenant Improvement Allowance or Additional Allowance may be used to fund such estimatepayments). Upon If there are any taxes or tax increases charged to Landlord because of the construction of the Tenant Improvements, all of these taxes (even if based in part on the value of the “shell” previously constructed by Landlord) shall be paid by Tenant or reimbursed to Landlord by Tenant on tender of Landlord’s statement for such approval expenses, except that if the taxes or increased taxes are property taxes, they shall be dealt with under the Lease terms relating to Operating Expenses (Section 8).
(6) Tenant is responsible to insure that the Tenant Improvements comply in all respects with the requirements of the Americans with Disabilities Act. Tenant agrees that it will take responsibility for and hold Landlord harmless and defend Landlord with regard to any later claim by Tenantany party or third party that the Tenant Improvements and/or the Premises do not comply with the Americans with Disabilities Act.
(7) Landlord shall not be required to approve any Tenant Improvements that: (i) do not conform to applicable government regulations or Laws or are disapproved by any governmental agency having jurisdiction; (ii) overload the floors of the Premises or the Building; or (iii) are, in Landlord’s reasonable judgment, of a nature or confirmation quality inconsistent with the nature and quality of the remainder of the Premises or the Building. Further, to the extent that Tenant proposes improvements that are not, in Landlord’s discretion, deemed by Landlord that the Change Order will not result general purpose in any change in cost and/or Schedulenature, Landlord may condition approval on Tenant’s agreement to remove said improvements at the expiration or earlier termination of the Lease and to restore the Building in regard to such removed improvements to a general purpose building. If Landlord does not so condition its approval, then Tenant shall implement not have a duty to remove the Change Order as part Tenant Improvements. By approving the Plans, Landlord does not warrant or represent that they are in compliance with the Americans with Disabilities Act or other Laws.
(8) When the Tenant Improvements are substantially complete, Landlord and Tenant shall conduct an inspection of the Tenant Improvements. After such inspection has been completed, each party shall sign a “punch list” comprised of items which the parties agree are to be corrected. The Tenant acknowledges shall cause all such corrections to be made, and shall demonstrate to Landlord by reinspection, within thirty (30) days, that such has been done. Notwithstanding anything contained herein, Tenant’s obligation to pay the following items may result Base Monthly Rent and the Additional Rent shall commence as provided in changes to the Budget and/or Schedule:
(i) Municipal or other governmental inspectors require changes to the Premises such as code compliance changes. In such eventLease, Landlord will notify Tenant regardless of the required changes, but date of completion of the increased cost Tenant Improvements or the completion of such changes, if any, and any delay associated with such changes shall be the responsibility of Tenantinspection or punch list repairs.
(ii9) Change Orders approved by Tenant. Any increased costs All of the Tenant Improvements shall become the property of Landlord upon installation and delays due to such approved Change Orders shall be the responsibility of Tenant. Any delays caused by such approved Change Orders shall not delay the Commencement Date be removed or altered by Tenant except as otherwise required or allowed hereunder and in Paragraph 5.2 of the Lease.
(10) As Tenant is undertaking responsibility for their construction, Tenant agrees that it will take and accept the Tenant Improvements with all faults, patent and latent. Landlord shall not charge have any duties with regard to condition or repair of the Tenant any administrative fees in respect of any Change Orders. Tenant shall have five (5) business days to review and approve all Change Orders and any additional review time by Tenant shall be a Tenant DelayImprovements.
(iii11) If materials are not readily availableLandlord makes no express or implied warranty with respect to the design, require quick ship chargesinstallation, construction, quality, condition, or require substitution, provided Landlord shall identify any such materials within ten (10) days of final approval operation of the Plans, and in any such caseTenant Improvements.
(12) Tenant will obtain a standard one year construction warranty from its general contractor. Upon completion of the Tenant Improvements, Tenant will be given notice supply Landlord with “as-built” plans that are complete in all respects as to improvements and changes made to the opportunity Building by or on behalf of Tenant. Upon surrender of possession of the Premises, Tenant will assign to select alternate materialsLandlord all rights under any and all contractor, supplier, materialman, or other warranties or contracts in regard to the condition and construction of the Tenant Improvements.
(iv) Any Tenant Delay.
Appears in 1 contract
Construction of Tenant Improvements. Landlord shall obtain all state After the Tenant Improvement ----------------------------------- Plans have been prepared and local licensesapproved, and building permits and approvals (whether governmental or non‑governmental) required to construct for the Tenant Improvements and for Tenant's occupancy of the Premises. Landlord shall provide access to the General Contractor for Construction of the Tenant Improvements and to the extent such access requires entry through space occupied by other tenantshave been issued, Landlord shall provide enter into a construction contract with its contractor for such access at its sole cost and expense. The Landlord shall engage, subject to Tenant’s reasonable approval, a general contractor to construct the Tenant Improvements (the “General Contractor”). The General Contractor shall construct and install installation of the Tenant Improvements in accordance with the Plans which expense shall be deducted from the Tenant Improvement AllowancePlans. The Tenant Improvements shall be delivered via Associated General Contractors (AGC) Guaranteed Maximum Price Contract (constructed in a good, workmanlike and lien free manner, and in conformance with applicable building codes. Landlord shall supervise the "Contract") completion of the Tenant Improvements at no charge to Tenant. Landlord shall cause the Tenant Improvements to be completed in accordance with Liquidated Damages the Work Schedule. The cost of $500.00 per day for each day of delay in achieving in substantial completion beyond the date specified in the Contract, which date Tenant Improvements shall be no later than October 1paid as provided in Paragraph 6 below. ----------- Landlord shall cause to be prepared and delivered to Tenant, 2010as quickly as possible upon Landlord's approval of the Tenant Improvement Plans, an estimate of the total cost for the Tenant Improvements ("Cost Estimate"). Within ten ------------- (10) days after receipt thereof, at its election (i) Tenant may approve the Cost Estimate, or (ii) Tenant may make changes to the Tenant Improvement Plans that are necessary, in Tenant's opinion, to reduce costs. Notwithstanding anything to the contrary herein, Landlord shall not unreasonably withhold its approval of the Tenant Improvement Plans or changes to the Tenant Improvement Plans, and a payment Landlord and performance bond. Any Liquidated Damages (less cost of collection) paid Tenant shall confer and negotiate in good faith to Landlord shall accrue reach agreement upon the Tenant Improvement Plans, modifications to the Tenant; providedTenant Improvement Plans, however, any paid Liquidated Damages for any Tenant Delay shall accrue to Landlordand the Cost Estimate as a consequence of such modifications. The General Tenant Improvement Plans shall be bid by the Contractor shall obtain to at least three (3) bids for all major trade work at the Premisesmutually approved subcontractors, if requested by Tenant. Landlord will work with and Tenant shall have the General Contractor right to complete receive the bids and Landlord agrees to permit Tenant Improvements by to assist in negotiating subcontractor fees and bid costs for labor and materials and to designate the Commencement Date. All contracts with vendors and subcontractors for construction of the Tenant Improvements will lowest bidding subcontractor to be negotiated by the General Contractor. All work performed in connection with the construction of the Premises shall be performed in a good and workmanlike manner, in accordance with all Applicable Laws and the final approved Plans. If materials are not readily available, require quick ship charges, or require substitution, the Tenant will be given notice and the opportunity to select alternate materials. Landlord shall insure that the Architect conducts a periodic review (a minimum of once every two weeks) of the progress of construction to ensure compliance with the Plans. Tenant may from time to time request in writing changes to the Plans (a “Change Order”), subject to Landlord’s consent, which shall not be unreasonably withheld. Landlord shall cause Contractor to provide an estimate of any change in the Construction Cost and/or Scheduleselected. Tenant shall have the right to elect whether or not reasonably approve the contract between Landlord and Contractor and to proceed with have copies of all contracts between the Change Order within five Contractor and the subcontracts. The construction agreement between Landlord and Contractor shall provide that Contractor shall (5a) business days after receipt of such estimate. Upon such approval by Tenantprovide and pay for all labor, or confirmation by Landlord that the Change Order will not result in any change in cost and/or Schedulematerials, Landlord shall implement the Change Order as part equipment, tools, construction equipment and machinery, water, heat and utilities, transportation and other facilities and services necessary for proper execution and completion of the Tenant Improvements. Tenant acknowledges that ; (b) supervise and direct the following items may result in changes to the Budget and/or Schedule:
(i) Municipal or other governmental inspectors require changes to the Premises such as code compliance changes. In such event, Landlord will notify Tenant construction of the required changesTenant Improvements using contractor's best skills and attention and be fully responsible for and have control over construction means, but the increased cost of such changesmethods, if anytechniques, sequences and any delay associated with such changes shall be the responsibility of Tenant.
(ii) Change Orders approved by Tenant. Any increased costs and delays due to such approved Change Orders shall be the responsibility of Tenant. Any delays caused by such approved Change Orders shall not delay the Commencement Date procedures for coordinating all portions of the Lease. Landlord shall not charge Tenant any administrative fees in respect of any Change Orders. Tenant shall have five work under the contract; (5c) business days review, approve and submit to review Tenant's architect shop drawings, product data, samples and approve all Change Orders and any additional review time submittals required by Tenant shall be a Tenant Delay.
(iii) If materials are not readily available, require quick ship charges, or require substitution, provided Landlord shall identify any such materials within ten (10) days of final approval of the Plans, contract documents with promptness and in any such casesequence as to cause no delay in the construction schedule; (d) take appropriate field measurements and verify field conditions before commencing construction of Tenant Improvements; and (e) take reasonable precautions for safety and provide reasonable protection to prevent damage, Tenant will be given notice and the opportunity to select alternate materialsinjury or loss.
(iv) Any Tenant Delay.
Appears in 1 contract
Samples: Office Lease (CBT Group PLC)
Construction of Tenant Improvements. (a) Tenant has personally inspected the Leased Premises and accepts the same “AS IS” without representation or warranty by Landlord of any kind except as specifically provided in this Lease and with the understanding that Landlord shall obtain all state and local licenses, permits and approvals (whether governmental or non‑governmental) required have no responsibility with respect thereto except to construct in a good and workmanlike manner the improvements described in the scope of work attached hereto as Exhibit B and made a part hereof (the “Tenant Improvements”) at Landlord’s sole cost and expense. Landlord shall cause construction drawings of the Tenant Improvements to be prepared at Landlord’s cost. Tenant shall review and for Tenant's occupancy approve such plans in accordance with the proposed construction schedule given Tenant by Landlord, a copy of the Premises. which is attached hereto as Exhibit B-1.
(b) Landlord shall provide access to Tenant with a proposed schedule for the General Contractor for Construction construction and installation of the Tenant Improvements and shall notify Tenant of any material changes to said schedule. Tenant agrees to coordinate with Landlord regarding the installation of Tenant’s phone and data wiring and any other trade related fixtures that will need to be installed in the Leased Premises prior to Substantial Completion. In addition, if and to the extent such access requires entry through space occupied permitted by other tenantsapplicable laws, Landlord shall provide for such access at its sole cost rules and expense. The Landlord shall engageordinances, subject to Tenant’s reasonable approval, a general contractor to construct the Tenant Improvements (the “General Contractor”). The General Contractor shall construct and install the Tenant Improvements in accordance with the Plans which expense shall be deducted from the Tenant Improvement Allowance. The Tenant Improvements shall be delivered via Associated General Contractors (AGC) Guaranteed Maximum Price Contract (the "Contract") with Liquidated Damages of $500.00 per day for each day of delay in achieving in substantial completion beyond the date specified in the Contract, which date shall be no later than October 1, 2010, and a payment and performance bond. Any Liquidated Damages (less cost of collection) paid to Landlord shall accrue to the Tenant; provided, however, any paid Liquidated Damages for any Tenant Delay shall accrue to Landlord. The General Contractor shall obtain at least three (3) bids for all major trade work at the Premises. Landlord will work with the General Contractor to complete the Tenant Improvements by the Commencement Date. All contracts with vendors and subcontractors for construction of the Tenant Improvements will be negotiated by the General Contractor. All work performed in connection with the construction of the Premises shall be performed in a good and workmanlike manner, in accordance with all Applicable Laws and the final approved Plans. If materials are not readily available, require quick ship charges, or require substitution, the Tenant will be given notice and the opportunity to select alternate materials. Landlord shall insure that the Architect conducts a periodic review (a minimum of once every two weeks) of the progress of construction to ensure compliance with the Plans. Tenant may from time to time request in writing changes to the Plans (a “Change Order”), subject to Landlord’s consent, which shall not be unreasonably withheld. Landlord shall cause Contractor to provide an estimate of any change in the Construction Cost and/or Schedule. Tenant shall have the right to elect whether or not enter the Leased Premises for thirty (30) days prior to proceed with the Change Order within five scheduled date for Substantial Completion (5as may be modified from time to time) business days after receipt of in order to install fixtures (such estimateas racking) and otherwise prepare the Leased Premises for occupancy (which right shall expressly exclude making any structural modifications). Upon such approval by Tenant, or confirmation by Landlord that the Change Order will not result in any change in cost and/or Schedule, Landlord shall implement not require Tenant to pay Landlord a construction deposit or provide Landlord with a performance or similar bond for the Change Order as part installations being done by Tenant prior to the Commencement Date. During any entry prior to the Commencement Date (i) Tenant shall comply with all terms and conditions of this Lease other than the obligation to pay rent, (ii) Tenant shall not interfere with Landlord’s completion of the Tenant Improvements, (iii) Tenant shall cause its personnel and contractors to comply with the terms and conditions of Landlord’s rules of conduct (which Landlord agrees to furnish to Tenant upon request), and (iv) Tenant shall not begin operation of its business. Tenant acknowledges that the following items may result in changes to the Budget and/or Schedule:
(i) Municipal or other governmental inspectors require changes to the Premises such as code compliance changes. In such event, Landlord will notify Tenant of the required changes, but the increased cost of such changes, if any, and any delay associated with such changes shall be the responsibility of responsible for obtaining all applicable permits and inspections relating to any such entry by Tenant.
(c) For purposes of this Lease (i) “Substantial Completion” (or any grammatical variation thereof) shall mean completion of construction of the Tenant Improvements based on an open warehouse floor plan, subject only to punchlist items to be identified by Landlord and Tenant in a joint inspection of the Leased Premises prior to Tenant’s occupancy, the completion of which will not materially affect Tenant’s use and occupancy of, or ability to obtain an occupancy permit for the Leased Premises (Tenant acknowledging, however, that even if Landlord has Substantially Completed the Tenant Improvements, Landlord may not be able to obtain an occupancy permit for the Leased Premises because of the need for completion of all or a portion of improvements being installed in the Leased Premises directly by Tenant, and Tenant assumes all responsibility for all inspections required after Tenant’s racking system is installed), and (ii) “Tenant Delay” shall mean any delay in the completion of the Tenant Improvements attributable to Tenant, including, without limitation, (A) Tenant’s failure to meet any time deadlines specified herein or in the proposed schedule given to Tenant by Landlord, (B) Change Orders approved Orders, (C) Tenant’s requirements for special work or materials, finishes or installations other than Building standard, (D) the performance of any other work in the Leased Premises by any person, firm or corporation employed by or on behalf of Tenant. Any increased costs , or any failure to complete or delay in completion of such work, and delays due to such approved Change Orders shall be the responsibility (E) any other act or omission of Tenant. Any delays caused by such approved Change Orders Landlord shall not delay complete any punchlist items within thirty (30) days after the Commencement Date of the Lease. Landlord shall not charge Tenant or such later date as may be required for any administrative fees in respect of any Change Orders. Tenant shall have five (5) business days to review and approve all Change Orders and any additional review time by Tenant shall be a Tenant Delayspecific punchlist item.
(iii) If materials are not readily available, require quick ship charges, or require substitution, provided Landlord shall identify any such materials within ten (10) days of final approval of the Plans, and in any such case, Tenant will be given notice and the opportunity to select alternate materials.
(iv) Any Tenant Delay.
Appears in 1 contract
Construction of Tenant Improvements. 5.1 Within ten (10) days after Subtenant's, Sublandlord's and Landlord's approval of the Plans including the estimate of the cost of the Tenant Improvements and Landlord's receipt of payment of any such estimated cost exceeding the amount of the Tenant Improvement Allowance, Subtenant shall cause the contractor to proceed to secure a building permit and commence construction of the Tenant Improvements provided that the Building has in Landlord's discretion reached the stage of construction where it is appropriate to commence construction of the Tenant Improvements in the Sublease Premises.
5.2 Subtenant shall be responsible for obtaining all governmental approvals to the full extent necessary for the construction and installation of the Tenant Improvements and for Subtenant's occupancy of the Sublease Premises, in compliance with all applicable Regulations. Subtenant shall employ contractors, which shall be reasonably approved by Landlord shall obtain all state and local licensesin writing, permits and approvals (whether governmental or non‑governmental) required to construct the Tenant Improvements in conformance with the approved Space Plan and for TenantPlans. The construction contracts between Subtenant and the approved contractor shall be subject to Landlord's occupancy of the Premises. Landlord shall provide access to the General Contractor for Construction of the Tenant Improvements prior reasonable approval and to the extent such access requires entry through space occupied by other tenants, Landlord shall provide for such access at its sole cost and expenseprogress payments. The contractor(s) shall be duly licensed and Landlord's approval of the contractor(s) shall be conditioned, among other things, upon the contractor's reputation for quality of work, timeliness of performance, integrity and Landlord's prior experience with such contractor.
5.3 Sublandlord and Landlord shall engagenot be liable for any direct or indirect damages suffered by Subtenant as a result of delays in construction beyond Landlord's and Sublandlord's reasonable control, including, but not limited to, delays due to strikes or unavailability of materials or labor, or delays caused by Subtenant (including delays by the Space Planner, the contractor or anyone else performing services on behalf of Landlord or Subtenant).
5.4 All work to be performed on the Sublease Premises by Subtenant or Subtenant's contractor or agents shall be subject to Tenant’s reasonable approvalthe following conditions:
(a) Such work shall proceed upon Landlord's written approval of Subtenant's contractor, and public liability and property damage insurance carried by Subtenant's contractor, and shall further be subject to the provisions of Paragraphs 12 and 27 of the Master Lease.
(b) All work shall be done in conformity with a valid building permit when required, a general contractor to construct the Tenant Improvements (the “General Contractor”). The General Contractor shall construct and install the Tenant Improvements in accordance with the Plans copy of which expense shall be deducted from the Tenant Improvement Allowance. The Tenant Improvements shall be delivered via Associated General Contractors (AGC) Guaranteed Maximum Price Contract (the "Contract") with Liquidated Damages of $500.00 per day for each day of delay in achieving in substantial completion beyond the date specified in the Contract, which date shall be no later than October 1, 2010furnished to Sublandlord and Landlord before such work is commenced, and a payment and performance bond. Any Liquidated Damages (less cost of collection) paid to Landlord shall accrue to the Tenant; providedin any case, however, any paid Liquidated Damages for any Tenant Delay shall accrue to Landlord. The General Contractor shall obtain at least three (3) bids for all major trade such work at the Premises. Landlord will work with the General Contractor to complete the Tenant Improvements by the Commencement Date. All contracts with vendors and subcontractors for construction of the Tenant Improvements will be negotiated by the General Contractor. All work performed in connection with the construction of the Premises shall be performed in a good and workmanlike and first-class manner, and in accordance with all Applicable Laws applicable Regulations and the final approved Plansrequirements and standards of any insurance underwriting board, inspection bureau or insurance carrier insuring the Sublease Premises pursuant to the Sublease. If materials are not readily availableNotwithstanding any failure by Sublandlord or Landlord to object to any such work, require quick ship charges, or require substitution, neither Sublandlord nor Landlord shall have any responsibility for Subtenant's failure to comply with all applicable Regulations. Subtenant shall be responsible for ensuring that construction and installation of the Tenant Improvements will be given notice and not affect the opportunity to select alternate materials. Landlord shall insure that the Architect conducts a periodic review (a minimum of once every two weeks) structural integrity of the progress of construction to ensure compliance with the Plans. Tenant may from time to time request in writing changes to the Plans Building.
(a “Change Order”), subject to c) Landlord or Landlord’s consent, which shall not be unreasonably withheld. Landlord shall cause Contractor to provide an estimate of any change in the Construction Cost and/or Schedule. Tenant 's agents shall have the right to elect whether inspect the construction of the Tenant Improvements by Subtenant during the progress thereof. If Landlord shall give notice of faulty construction or not any other deviation from the approved Space Plan or Plans, Subtenant shall cause its contractor to proceed make corrections promptly. However, neither the privilege herein granted to Landlord to make such inspections, nor the making of such inspections by Landlord, shall operate as a waiver of any right of Landlord to require good and workmanlike construction and improvements erected in accordance with the Change Order approved Space Plan or Plans.
(d) Subtenant shall cause its contractor to complete the Tenant Improvements as soon as reasonably possible.
(e) Subtenant's construction of the Tenant Improvements shall comply with the following: (i) the Tenant Improvements shall be constructed in strict accordance with the approved Space Plan or Plans; (ii) Subtenant's and its contractor shall submit schedules of all work relating to the Tenant Improvements to Landlord for Landlord's approval within five two (52) business days following the selection of the contractor and the approval of the Plans. Landlord shall within three (3) business days after receipt thereof inform Subtenant of any changes which are necessary and Subtenant's contractor shall adhere to such estimatecorrected schedule; and (iii) Subtenant shall abide by all rules made by Landlord with respect to the use of freight, loading dock, and service elevators, storage of materials, coordination of work with the contractors of other tenants, and any other matter in connection with this Work Letter, including, without limitation, the construction of the Tenant Improvements.
(f) Subtenant or Subtenant's contractor or agents shall arrange for necessary utility, hoisting and elevator service with Landlord's contractor and shall pay such reasonable charges for such services as may be charged by Subtenant's or Landlord's contractor.
(g) Subtenant's entry to the Sublease Premises for any purpose, including, without limitation, inspection or performance of Subtenant construction by Subtenant's agents, prior to the date Subtenant's obligation to pay rent commences shall be subject to all the terms and conditions of the Sublease except the payment of Rent. Upon such approval Subtenant's entry shall mean entry by TenantSubtenant, its officers, contractors, licensees, agents, servants, employees, guests, invitees, or confirmation visitors. Landlord and Sublandlord shall have the right to post the appropriate notices of non-responsibility and to require Subtenant to provide Landlord and Sublandlord with evidence that Subtenant has fulfilled its obligation to provide insurance pursuant to the Sublease.
(h) Subtenant shall promptly reimburse Landlord upon demand for any reasonable expense actually incurred by the Landlord by reason of faulty work done by Subtenant or its contractors or by reason of any delays caused by such work, or by reason of inadequate clean-up.
(i) Subtenant hereby indemnifies and holds Sublandlord and Landlord harmless with respect to any and all costs, losses, damages, injuries and liabilities relating in any way to any act or omission of Subtenant or Subtenant's contractor or agents, or anyone directly or indirectly employed by any of them, in connection with the Tenant Improvements and any breach of Subtenant's obligations under this Work Letter, or in connection with Subtenant's non-payment of any amount arising out of the Tenant Improvements. Such indemnity by Subtenant, as set forth above, shall also apply with respect to any and all costs, losses, damages, injuries, and liabilities related in any way to Sublandlord's and Landlord's performance or any ministerial acts reasonably necessary (i) to permit Subtenant to complete the Tenant Improvements, and (ii) to enable Subtenant to obtain any building permit or certificate of occupancy for the Sublease Premises.
(j) Subtenant's contractor and the subcontractors utilized by Subtenant's contractor shall guarantee to Subtenant and for the benefit of Sublandlord and Landlord that the Change Order will portion of the Tenant Improvements for which it is responsible shall be free from any defects in workmanship and materials for a period of not result less than one (1) year from the date of completion thereof. Each of Subtenant's contractor and the subcontractors utilized by Subtenant's contractor shall be responsible for the replacement or repair, without additional charge, of all work done or furnished in accordance with its contract that shall become defective within one (1) year after the later to occur of (i) completion of the work performed by such contractor of subcontractors and (ii) the Sublease Commencement Date. The correction of such work shall include, without additional charge, all additional expenses and damages incurred in connection with such removal or replacement of all or any change in cost and/or Schedule, Landlord shall implement the Change Order as part of the Tenant Improvements, and/or the Building and/or common areas that may be damaged or disturbed thereby. Tenant acknowledges that the following items may result in changes All such warranties or guarantees as to materials or workmanship of or with respect to the Budget and/or Schedule:
(i) Municipal Tenant Improvements shall be contained in the construction contract or subcontract and shall be written such that such guarantees or warranties shall inure to the benefit of Sublandlord, Landlord and Subtenant, as their respective interests may appear, and can be directly enforced by any of them. Subtenant covenants to give to Sublandlord and Landlord any assignment or other governmental inspectors require changes assurances which may be necessary to the Premises effect such as code compliance changes. In such event, Landlord will notify Tenant rights of the required changes, but the increased cost of such changes, if any, and any delay associated with such changes shall be the responsibility of Tenantdirect enforcement.
(iik) Change Orders approved by Tenant. Any increased costs Commencing upon the execution of the Sublease, Subtenant shall hold weekly meetings at a reasonable time with the Space Planner and delays due to such approved Change Orders the contractor regarding the progress of the preparation of the Plans and the construction of the Tenant Improvements, which meetings shall be the responsibility of Tenant. Any delays caused held at a location designated by such approved Change Orders Subtenant, and Landlord and/or its agents shall not delay the Commencement Date of the Lease. Landlord shall not charge Tenant any administrative fees in respect of any Change Orders. Tenant receive prior notice of, and shall have five (5) business days the right to review and approve attend, all Change Orders and any additional review time by Tenant shall be a Tenant Delay.
(iii) If materials are not readily available, require quick ship charges, or require substitution, provided Landlord shall identify any such materials within ten (10) days of final approval of the Plansmeetings, and in any upon Landlord's request, certain of Subtenant's contractors shall attend such case, Tenant will be given notice and the opportunity to select alternate materialsmeetings.
(iv) Any Tenant Delay.
Appears in 1 contract
Construction of Tenant Improvements. Landlord Tenant shall obtain all state and local licenses, permits and approvals (whether governmental or non‑governmental) required to construct cause the Tenant Improvements and for Tenant's occupancy of the Premises. Landlord shall provide access to the General Contractor for Construction of the Tenant Improvements and to the extent such access requires entry through space occupied by other tenants, Landlord shall provide for such access at its sole cost and expense. The Landlord shall engage, subject to Tenant’s reasonable approval, a general contractor to construct the Tenant Improvements (the “General Contractor”). The General Contractor shall construct and install the Tenant Improvements in accordance with the Plans which expense shall be deducted from the Tenant Improvement Allowance. The Tenant Improvements shall be delivered via Associated General Contractors (AGC) Guaranteed Maximum Price Contract (the "Contract") with Liquidated Damages of $500.00 per day for each day of delay in achieving in substantial completion beyond the date specified in the Contract, which date shall be no later than October 1, 2010, and a payment and performance bond. Any Liquidated Damages (less cost of collection) paid to Landlord shall accrue to the Tenant; provided, however, any paid Liquidated Damages for any Tenant Delay shall accrue to Landlord. The General Contractor shall obtain at least three (3) bids for all major trade work at the Premises. Landlord will work with the General Contractor to complete the Tenant Improvements by the Commencement Date. All contracts with vendors and subcontractors for construction of the Tenant Improvements will to be negotiated carried out in compliance with the Working Plans, all applicable zoning laws and regulations, applicable covenants, conditions and restrictions, and otherwise in compliance with the provisions of Section 10 of the Lease. Prior to the commencement of construction, Tenant shall obtain course of construction and builder's "all risk" insurance in such amounts and form as Landlord requires, liability insurance in the form and amounts required under the Lease, and such performance bonds in form and amounts as Landlord requires. Tenant shall cause the construction of the Tenant Improvements to be carried out with such materials, equipment, contractors and subcontractors as Tenant shall select, all of which shall be approved by Landlord. Landlord hereby approves of South Bay Construction as Tenant's general contractor for its construction of the General ContractorTenant Improvements, subject however to such general contractor complying with all applicable requirements of this Work Letter. All work performed Within ten (10) days after the approval of the final Working Plans in accordance with subparagraph (a) above or as soon as is reasonably possible thereafter, Tenant shall submit to Landlord for its review and approval (i) copies of all proposed construction contracts between Tenant and all contractors and between such contractors and all subcontractors for the Tenant Improvements, together with such background information on such contractors and subcontractors as Landlord may require; (ii) a listing of the make, model, type, grade and all other characteristics requested by Landlord, of all materials, equipment and fixtures which Tenant proposes to install in or use in connection with the Tenant Improvements; and (iii) a budget setting forth in itemized fashion the costs of all materials, equipment, fixtures, contractors, subcontractors, laborers, permits, fees, licenses, and all other costs and expenses Tenant proposes to incur in connection with the construction of the Premises shall Tenant Improvements, specifically also including a development review fee to be performed paid to Landlord in a good connection with its review, oversight and workmanlike manner, related functions under this Work Letter in accordance with all Applicable Laws an amount equal to two and the final approved Plans. If materials are not readily available, require quick ship charges, or require substitution, the Tenant will be given notice and the opportunity to select alternate materials. Landlord shall insure that the Architect conducts a periodic review one-half percent (a minimum of once every two weeks2.5%) of the progress total Allowance * (as defined below) utilized by Tenant pursuant to subparagraph (d) below (hereafter collectively the "Tenant Improvements Costs"). All such matters shall be subject to the approval of Landlord prior to the commencement of construction to ensure compliance with of the Plans. Tenant may from time to time request Improvements, in writing changes to the Plans (a “Change Order”), subject to Landlord’s consent, which shall not be unreasonably withheld. Landlord shall cause Contractor to provide an estimate of any change in the Construction Cost and/or Schedule's reasonable discretion. Tenant shall have the right responsibility to elect whether or not to proceed with obtain all necessary construction and building permits and licenses necessary for the Change Order within five (5) business days after receipt of such estimate. Upon such approval by Tenant, or confirmation by Landlord that the Change Order will not result in any change in cost and/or Schedule, Landlord shall implement the Change Order as part construction of the Tenant Improvements. Tenant acknowledges that the following items may result in changes to the Budget and/or Schedule:
(i) Municipal or other governmental inspectors require changes to the Premises such as code compliance changes. In such event, Landlord will notify Tenant shall cause construction of the required changes, but Tenant Improvements in a good and workmanlike manner in strict accordance with the increased cost of such changes, if any, approved Working Plans. All Tenant Improvements Costs shall be paid for by and any delay associated with such changes shall be the sole responsibility of Tenant.
the Tenant (ii) Change Orders approved other than to the extent reimbursed by Tenantthe Allowance as set forth below), including * PROVIDED BY LANDLORD without limitation all costs of utilities, services and insurance on the Expansion Space arising out of the construction of the Tenant Improvements. Any increased costs and delays due to such approved Change Orders All construction of the Tenant Improvements shall be performed and completed lien free, and Tenant hereby indemnifies and agrees to defend and hold Landlord and the responsibility Expansion Space free and harmless from any and all claims, losses, damages, actions and causes of Tenant. Any delays caused by such approved Change Orders shall not delay the Commencement Date action as may be incurred as a result of work performed or materials furnished in connection with construction of the LeaseTenant Improvements. Landlord shall not charge Tenant any administrative fees in respect have the right to post notices of any Change Orders. Tenant shall have five (5) business days non-responsibility at such locations as Landlord may desire prior to review and approve all Change Orders and any additional review time by Tenant shall be a Tenant Delay.
(iii) If materials are not readily available, require quick ship charges, or require substitution, provided Landlord shall identify any such materials within ten (10) days the commencement of final approval construction of the Plans, and in any such case, Tenant will be given notice and the opportunity to select alternate materialsImprovements.
(iv) Any Tenant Delay.
Appears in 1 contract
Samples: Lease (Seagate Software Inc)
Construction of Tenant Improvements. A. Landlord and Tenant hereby approve Devcon Construction Incorporated as the contractor, which Landlord and Tenant shall obtain all state retain under a mutually acceptable construction contract to be jointly administered by Landlord and local licenses, permits and approvals (whether governmental or non‑governmental) required to construct the Tenant Improvements and for Tenant's occupancy of the Premises. Landlord shall provide access to pay the General Contractor contractor directly for Construction all contractors' invoices in accordance with the construction contract specified herein. Upon Tenant's approval of the Plans including the estimate of the cost of the Tenant Improvements and to Landlord's receipt of payment of any such estimated cost exceeding the extent such access requires entry through space occupied by other tenants, Landlord shall provide for such access at its sole cost and expense. The Landlord shall engage, subject to Tenant’s reasonable approval, a general contractor to construct the Tenant Improvements (the “General Contractor”). The General Contractor shall construct and install the Tenant Improvements in accordance with the Plans which expense shall be deducted from amount of the Tenant Improvement Allowance. The , Landlord and Tenant Improvements shall be delivered via Associated General Contractors (AGC) Guaranteed Maximum Price Contract (the "Contract") with Liquidated Damages of $500.00 per day for each day of delay in achieving in substantial completion beyond the date specified in the Contract, which date shall be no later than October 1, 2010, cause Devcon Construction Incorporated to proceed to secure a building permit and a payment and performance bond. Any Liquidated Damages (less cost of collection) paid to Landlord shall accrue to the Tenant; provided, however, any paid Liquidated Damages for any Tenant Delay shall accrue to Landlord. The General Contractor shall obtain at least three (3) bids for all major trade work at the Premises. Landlord will work with the General Contractor to complete the Tenant Improvements by the Commencement Date. All contracts with vendors and subcontractors for commence construction of the Tenant Improvements will be negotiated by provided that Landlord and Tenant shall cooperate together in executing permit applications and performing other actions reasonably necessary to enable Landlord and Tenant to obtain any required permits or certificates of occupancy; and provided further that the General Contractor. All work performed Building has in connection with Landlord's discretion reached the stage of construction where it is appropriate to commence construction of the Premises Tenant Improvements in the Premises.
B. Without limiting the provisions of Paragraph 35 of the Lease, Landlord shall not be liable for any direct or indirect damages suffered by Tenant as a result of delays in construction beyond Landlord's reasonable control, including, but not limited to, delays due to strikes or unavailability of materials or labor, or delays caused by Tenant (including delays by the Space Planner, the contractor or anyone else performing services on behalf of Landlord or Tenant).
C. If any work is to be performed in a good and workmanlike manner, in accordance with all Applicable Laws and on the final approved Plans. If materials are not readily available, require quick ship charges, Premises solely by Tenant or require substitution, the Tenant will be given notice and the opportunity to select alternate materials. Landlord Tenant's contractor or agents:
(1) Such work shall insure that the Architect conducts a periodic review proceed upon Landlord's written approval (a minimum of once every two weeks) of the progress of construction to ensure compliance with the Plans. Tenant may from time to time request in writing changes to the Plans (a “Change Order”), subject to Landlord’s consent, which consent shall not be unreasonably withheld. Landlord shall cause Contractor to provide an estimate , delayed or conditioned) of any change in the Construction Cost and/or Schedule. Tenant shall have the right to elect whether or not to proceed with the Change Order within five (5) business days after receipt of such estimate. Upon such approval Tenant's contractor, public liability and property damage insurance carried by Tenant's contractor, or confirmation by Landlord that the Change Order will not result in any change in and detailed plans and specifications for such work, shall be at Tenant's sole cost and/or Schedule, Landlord and expense and shall implement the Change Order as part of the Tenant Improvements. Tenant acknowledges that the following items may result in changes further be subject to the Budget and/or Schedule:
(i) Municipal or other governmental inspectors require changes to the Premises such as code compliance changes. In such event, Landlord will notify Tenant provisions of the required changes, but the increased cost of such changes, if any, Paragraphs 12 and any delay associated with such changes shall be the responsibility of Tenant.
(ii) Change Orders approved by Tenant. Any increased costs and delays due to such approved Change Orders shall be the responsibility of Tenant. Any delays caused by such approved Change Orders shall not delay the Commencement Date of the Lease. Landlord shall not charge Tenant any administrative fees in respect of any Change Orders. Tenant shall have five (5) business days to review and approve all Change Orders and any additional review time by Tenant shall be a Tenant Delay.
(iii) If materials are not readily available, require quick ship charges, or require substitution, provided Landlord shall identify any such materials within ten (10) days of final approval of the Plans, and in any such case, Tenant will be given notice and the opportunity to select alternate materials.
(iv) Any Tenant Delay.27
Appears in 1 contract
Samples: Sublease Agreement (Mp3 Com Inc)
Construction of Tenant Improvements. Landlord Tenant shall obtain all state cause the Contractor (as defined on Exhibit D hereto) to install Tenant Improvements in the Leased Premises pursuant to Exhibit D. All building permit and local licensesmunicipal inspection fees payable with respect to such work shall be paid by Tenant. All additions to or improvements of the Leased Premises actually paid for by Tenant, permits and approvals including any Tenant Improvements (whether governmental of Building Standard Improvements or non‑governmentalTenant Extra Improvements) required to construct actually paid for by Tenant and any Alterations, shall automatically (without the Tenant Improvements and need for Tenant's occupancy any additional documentation or actions on the part of the Premises. parties hereto) be and become the property of Landlord upon the expiration or sooner termination of this Lease and shall provide access be surrendered to the General Contractor for Construction Landlord upon termination of the Tenant Improvements and to the extent such access requires entry through space occupied this Lease by other tenants, Landlord shall provide for such access at its sole cost and expense. The Landlord shall engagelapse of time or otherwise, subject to Tenant’s reasonable approval, a general contractor obligations to construct remove the same in accordance with Section 5.19 below. Although Tenant Improvements (including any Tenant Extra Improvements) become the property of Landlord upon the expiration or sooner termination of this Lease, they are intended to be for the convenience of Tenant and are not intended to be a substitute for Rent or any part thereof. Notwithstanding the foregoing, Tenant shall be entitled to all depreciation, amortization and other tax benefits with respect to Tenant’s Alterations and Tenant’s furniture, equipment, machinery, trade-fixtures, goods or supplies (“General ContractorTenant’s Personal Property”). The General Contractor shall construct and install the Tenant Improvements in accordance with the Plans which expense shall be deducted from the Tenant Improvement Allowance. The Tenant Improvements shall be delivered via Associated General Contractors (AGC) Guaranteed Maximum Price Contract (the "Contract") with Liquidated Damages of $500.00 per day for each day of delay in achieving in substantial completion beyond the date specified in the Contract, which date shall be no later than October 1, 2010, and a payment and performance bond. Any Liquidated Damages (less cost of collection) paid to Landlord shall accrue to the Tenant; provided, however, any paid Liquidated Damages for any Tenant Delay shall accrue to Landlord. The General Contractor shall obtain at least three (3) bids for all major trade work at the Premises. Landlord will work with the General Contractor to complete the Tenant Improvements by the Commencement Date. All contracts with vendors and subcontractors for construction of the Tenant Improvements will be negotiated by the General Contractor. All work performed in connection with the construction of the Premises shall be performed in a good and workmanlike manner, in accordance with all Applicable Laws and the final approved Plans. If materials are not readily available, require quick ship charges, or require substitution, the Tenant will be given notice and the opportunity to select alternate materials. Landlord shall insure that the Architect conducts a periodic review (a minimum of once every two weeks) of the progress of construction to ensure compliance with the Plans. Tenant may from time to time request in writing changes to the Plans (a “Change Order”), subject to Landlord’s consent, which shall not be unreasonably withheld. Landlord shall cause Contractor to provide an estimate of any change in the Construction Cost and/or Schedule. Tenant shall have the right to elect whether or not to proceed with remove Tenant’s Personal Property at any time during the Change Order within five (5) business days after receipt of such estimate. Upon such approval by TenantTerm, or confirmation by Landlord provided that the Change Order will not result in any change in cost and/or Schedule, Landlord shall implement the Change Order as part of the Tenant Improvements. Tenant acknowledges that the following items may result in changes to the Budget and/or Schedule:
(i) Municipal or other governmental inspectors require changes to the Premises such as code compliance changes. In such event, Landlord will notify Tenant of the required changes, but the increased cost of such changes, if any, and any delay associated with such changes shall be the responsibility of Tenant.
(ii) Change Orders approved by Tenant. Any increased costs and delays due to such approved Change Orders shall be the responsibility of Tenant. Any delays repairs all damage caused by such approved Change Orders removal. Notwithstanding anything in this Lease to the contrary, any equipment, machinery, or other improvements of any nature whatsoever that are connected to or integrated into the Building Systems shall not delay the Commencement Date be deemed Tenant’s Personal Property for purposes of the this Lease. Landlord shall not charge Tenant any administrative fees in respect of any Change Orders. Tenant shall have five (5) business days to review and approve all Change Orders and any additional review time by Tenant shall be a Tenant Delay.
(iii) If materials are not readily available, require quick ship charges, or require substitution, provided Landlord shall identify any such materials within ten (10) days of final approval of the Plans, and in any such case, Tenant will be given notice and the opportunity to select alternate materials.
(iv) Any Tenant Delay.
Appears in 1 contract
Samples: Office Building Lease (Fox Hollow Technologies Inc)
Construction of Tenant Improvements. Landlord shall obtain all state and local licenses, permits and approvals retain OPI (whether governmental or non‑governmental“Contractor”) required to construct the Tenant Improvements and for Tenant's occupancy of the Premises. Landlord shall provide access to the General Contractor for Construction of the Tenant Improvements and to the extent such access requires entry through space occupied by other tenants, Landlord shall provide for such access at its sole cost and expense. The Landlord shall engage, subject to Tenant’s reasonable approval, a general contractor to construct the Tenant Improvements (the “General Contractor”). The General Contractor shall construct and install the Tenant Improvements in accordance with the Plans which expense shall be deducted from the Tenant Improvement AllowanceFinal Working Drawings. The Tenant Improvements shall be delivered via Associated General Contractors (AGC) Guaranteed Maximum Price Contract (the "Contract") with Liquidated Damages of $500.00 per day for each day of delay in achieving in substantial completion beyond the date specified in the Contract, which date shall be no later than October 1, 2010, and a payment and performance bond. Any Liquidated Damages (less cost of collection) paid to Landlord shall accrue to the Tenant; provided, however, any paid Liquidated Damages for any Tenant Delay shall accrue to Landlord. The General require that Contractor shall obtain at least three (3) competitive bids for all each major trade work at the Premisestrade. Landlord will work with shall cause the General Contractor to complete construct the Tenant Improvements by the Commencement Date. All contracts with vendors and subcontractors for construction of the Tenant Improvements will be negotiated by the General Contractor. All work performed in connection accordance with the construction of the Premises shall be performed Final Working Drawings and all Laws in a good and workmanlike manner. Landlord shall deliver the Leased Premises to Tenant promptly upon Substantial Completion of the Tenant Improvements. Landlord shall, at Landlord’s sole cost and expense, repair any defects in the Tenant Improvements (other than those caused by or resulting from the negligence or willful misconduct of a Tenant Party) for a period of one year following Substantial Completion thereof. Landlord hereby assigns, on a non-exclusive basis, to Tenant all warranties and guaranties by Contractor and other third party contractors, subcontractors and vendors relating to the Tenant Improvements from and after the date that is one year after Substantial Completion thereof. From and after such date, Tenant hereby waives all claims against Landlord relating to, or arising out of the construction of the Tenant Improvements. If Landlord fails to cause construction of the Tenant Improvements in accordance with all Applicable Laws this Work Letter and such failure continues for a period of thirty (30) days after written notice to Landlord, Tenant shall have the final approved Plans. If materials are not readily availableright at any time after such thirty (30) day period while such failure is continuing, require quick ship charges, or require substitution, to elect to undertake the Tenant will be given notice and the opportunity to select alternate materials. Landlord shall insure that the Architect conducts a periodic review (a minimum of once every two weeks) of the progress of construction to ensure compliance with the Plans. Tenant may from time to time request in writing changes to the Plans (a “Change Order”), subject to Improvements on Landlord’s consentbehalf and, which shall not be unreasonably withheld. Landlord shall cause Contractor to provide an estimate of any change in the Construction Cost and/or Schedule. upon such election Tenant shall have the right to elect whether or not to proceed with offset the Change Order within five (5) business days after receipt of such estimate. Upon such approval by Tenant, or confirmation by Landlord that the Change Order will not result in any change in cost and/or Schedule, Landlord shall implement the Change Order as part of the Tenant Improvements. Tenant acknowledges that the following items may result in changes to the Budget and/or Schedule:
(i) Municipal or other governmental inspectors require changes to the Premises such as code compliance changes. In such event, Landlord will notify Tenant of the required changes, but the increased cost of such changesundertaking against payments of Rent due under the Lease (with interest accruing thereon at the lesser of 10% per annum or the then maximum rate of interest not prohibited or made usurious by Law from the date of the expenditure until the date Tenant has been reimbursed therefor through such offset), if anyprovided that notwithstanding any such undertaking, and Tenant shall remain responsible for any delay associated with such changes shall be the responsibility of Tenant.
(ii) Change Orders approved by TenantOver-Allowance Amount. Any increased costs and delays due to such approved Change Orders shall be the responsibility of Tenant. Any delays caused by such approved Change Orders shall not delay the Commencement Date of the Lease. Landlord shall not charge Tenant any administrative fees in respect of any Change Orders. Tenant shall have five (5) business days to review and approve all Change Orders and any additional review time work so undertaken by Tenant shall be a Tenant Delay.
(iii) If materials are not readily availableperformed by the Contractor, require quick ship charges, or require substitution, provided Landlord shall identify any such materials within ten (10) days of final approval of the PlansArchitect, and Engineers named herein unless otherwise approved in any such casewriting by Landlord, Tenant will which approval shall not be given notice and the opportunity to select alternate materialsunreasonably withheld, conditioned or delayed.
(iv) Any Tenant Delay.
Appears in 1 contract
Samples: Office Lease (PMC Sierra Inc)
Construction of Tenant Improvements. Landlord shall obtain all state and local licenses, permits and approvals (whether governmental or non‑governmental) required to construct After Tenant’s approval of the Tenant Improvements and cost estimate for Tenant's occupancy of the Premises. Landlord shall provide access to the General Contractor for Construction of the Tenant Improvements and to the extent such access requires entry through space occupied by other tenants’s Plans, Landlord shall provide for such access at its sole cost administer and expense. The Landlord shall engage, subject to Tenant’s reasonable approval, a general contractor to construct diligently prosecute the Tenant Improvements (the “General Contractor”). The General Contractor shall construct and install the construction of Tenant Improvements in accordance with the Plans which expense shall be deducted from the Tenant Improvement Allowance. The Tenant Improvements shall be delivered via Associated General Contractors (AGC) Guaranteed Maximum Price Contract (the "Contract") with Liquidated Damages of $500.00 per day for each day of delay in achieving in substantial completion beyond the date specified in the Contract, which date shall be no later than October 1, 2010, and a payment and performance bond. Any Liquidated Damages (less cost of collection) paid to Landlord shall accrue to the Tenant’s Plans; provided, however, any paid Liquidated Damages for that Landlord shall not be required to install any Tenant Delay Improvements which do not conform to the plans and specifications for the Base Building, or do not conform to any applicable regulations, laws, ordinances, codes and rules; such conformity shall accrue to Landlord. The General Contractor shall obtain at least three be the obligation of Tenant (3) bids for all major trade work at the Premises. Landlord will work with the General Contractor to complete other than mechanical, electrical, plumbing and engineering components of the Tenant Improvements that are design/build by Landlord’s contractor, the Commencement Dateconformity of which with Landlord’s Plans and applicable laws shall be the obligation of Landlord). All contracts After the cost estimate has been approved by Landlord and Tenant as provided above, neither party shall have the right to require extra work or change orders with vendors and subcontractors for respect to the construction of the Tenant Improvements will without the prior written consent of the other, which consent shall not be negotiated by the General Contractorunreasonably withheld or delayed. All work performed change orders shall specify any change in connection with the construction cost estimate as a consequence of the Premises change order. All Tenant Improvements shall be performed constructed by Landlord’s contractor, which shall be a reputable, unionized general contractor, subject to approval by Tenant which approval shall not be unreasonably withheld, who will complete the work in a good and workmanlike manner, manner and in accordance with all Applicable Laws the approved Tenant’s Plans and relevant laws and codes. Subject to the final approved Plans. If materials are not readily availablelimitation on the General Contractor’s fee imposed by Pxxxxxxxx 0, require quick ship charges, or require substitutionXxxxxx approves the use of Devcon Construction, the Tenant will be given notice and General Contractor for the opportunity to select alternate materials. Landlord shall insure that Base Building, as the Architect conducts a periodic review (a minimum of once every two weeks) of the progress of construction to ensure compliance with the Plans. Tenant may from time to time request in writing changes to the Plans (a “Change Order”), subject to Landlord’s consent, which shall not be unreasonably withheld. Landlord shall cause General Contractor to provide an estimate of any change in the Construction Cost and/or Schedule. Tenant shall have the right to elect whether or not to proceed with the Change Order within five (5) business days after receipt of such estimate. Upon such approval by Tenant, or confirmation by Landlord that the Change Order will not result in any change in cost and/or Schedule, Landlord shall implement the Change Order as part of for the Tenant Improvements. Tenant acknowledges that the following items may result in changes shall be entitled to the Budget and/or Schedule:
(i) Municipal or other governmental inspectors require changes to the Premises such as code compliance changes. In such event, Landlord will notify Tenant receive copies of all of the required changes, but the increased cost of such changes, if any, and any delay associated with such changes shall be the responsibility of Tenantgeneral contractor’s progress payment request.
(ii) Change Orders approved by Tenant. Any increased costs and delays due to such approved Change Orders shall be the responsibility of Tenant. Any delays caused by such approved Change Orders shall not delay the Commencement Date of the Lease. Landlord shall not charge Tenant any administrative fees in respect of any Change Orders. Tenant shall have five (5) business days to review and approve all Change Orders and any additional review time by Tenant shall be a Tenant Delay.
(iii) If materials are not readily available, require quick ship charges, or require substitution, provided Landlord shall identify any such materials within ten (10) days of final approval of the Plans, and in any such case, Tenant will be given notice and the opportunity to select alternate materials.
(iv) Any Tenant Delay.
Appears in 1 contract
Samples: Sublease (DemandTec, Inc.)
Construction of Tenant Improvements. Landlord Within ten (10) days after the date hereof, Tenant shall obtain all state cause delivery to Landlord, for Landlord’s review and local licenses, permits and approvals (whether governmental or non‑governmental) required to construct the Tenant Improvements and for Tenant's occupancy approval two sets of the Premises. Landlord shall provide access to the General Contractor for Construction of the Tenant Improvements and to the extent such access requires entry through space occupied by other tenants, Landlord shall provide for such access at its sole cost and expense. The Landlord shall engage, subject to Tenant’s reasonable approval, a general contractor to construct blueline prints describing the Tenant Improvements (the “Preliminary Plans”) along with a draft budget for all of the Tenant Improvements (the “Budget”). Within ten (10) business days after receipt of Tenant’s Preliminary Plans and the Budget, the Landlord will review the Preliminary Plans and the Budget and reply, either “approving”, “approving with notations” or “disapproving” the same. Landlord’s approval shall not be unreasonably withheld, conditioned or delayed. If the Preliminary Plans or the Budget (or any portions of either) are rejected by the Landlord for any reason, the Preliminary Plans or Budget, as the case may be, must be corrected and re-submitted until fully approved by Landlord and Tenant. The Preliminary Plans, as submitted to, and approved by, Landlord are hereinafter referred to as the “Final Plans”. Landlord’s review of the Preliminary Plans and the Final Plans as set forth herein shall be for its sole purpose and shall not imply Landlord’s review of the same, or obligate Landlord to review the same, for quality design, code compliance or other like matters, and Landlord shall have no liability whatsoever in connection therewith and shall not be responsible for any omissions or errors contained in the Preliminary Plans or the Final Plans. Tenant shall retain a general contractor approved by Landlord (the “General Contractor”) pursuant to a construction contract in form approved by Landlord (the “Construction Contract”). The , whereby the General Contractor shall is required to construct and install the Tenant Improvements in accordance with the Final Plans which expense and the Construction Contract. Tenant shall cause Landlord to be deducted from recognized as an expressly intended third party beneficiary of the Tenant Improvement Allowance. The Tenant Improvements shall be delivered via Associated General Contractors (AGC) Guaranteed Maximum Price Construction Contract (the "Contract") with Liquidated Damages of $500.00 per day for each day of delay in achieving in substantial completion beyond the date specified in the Contract, which date shall be no later than October 1, 2010, and a payment and performance bond. Any Liquidated Damages (less cost of collection) paid to Landlord shall accrue to the Tenant; provided, however, any paid Liquidated Damages for any Tenant Delay shall accrue to Landlord. The General Contractor shall obtain at least three (3) bids for all major trade work at the Premises. Landlord will work with require the General Contractor to complete the Tenant Improvements by the Commencement Date. All contracts execute with vendors and subcontractors for construction of the Tenant Improvements will be negotiated by the General Contractor. All work performed in connection with the construction of the Premises shall be performed in a good and workmanlike manner, in accordance with all Applicable Laws and the final approved Plans. If materials are not readily available, require quick ship charges, or require substitution, the Tenant will be given notice and the opportunity to select alternate materials. Landlord shall insure that the Architect conducts a periodic review (a minimum of once every two weeks) of the progress of construction to ensure compliance with the Plans. Tenant may from time to time request in writing changes respect to the Plans (a “Change Order”), subject to Landlord’s consent, Construction Contract an Acknowledgement of Third Party Beneficiary which shall not be unreasonably withheld. Landlord shall cause Contractor to provide an estimate of any change is substantially in the Construction Cost and/or Schedule. Tenant shall have the right to elect whether or not to proceed with the Change Order within five (5) business days after receipt of such estimate. Upon such approval by Tenant, or confirmation by Landlord that the Change Order will not result in any change in cost and/or Schedule, Landlord shall implement the Change Order form attached hereto as part of the Tenant Improvements. Tenant acknowledges that the following items may result in changes to the Budget and/or Schedule:
(i) Municipal or other governmental inspectors require changes to the Premises such as code compliance changes. In such event, Landlord will notify Tenant of the required changes, but the increased cost of such changes, if any, and any delay associated with such changes shall be the responsibility of Tenant.
(ii) Change Orders approved by Tenant. Any increased costs and delays due to such approved Change Orders shall be the responsibility of Tenant. Any delays caused by such approved Change Orders shall not delay the Commencement Date of the Lease. Landlord shall not charge Tenant any administrative fees in respect of any Change Orders. Tenant shall have five (5) business days to review and approve all Change Orders and any additional review time by Tenant shall be a Tenant Delay.
(iii) If materials are not readily available, require quick ship charges, or require substitution, provided Landlord shall identify any such materials within ten (10) days of final approval of the Plans, and in any such case, Tenant will be given notice and the opportunity to select alternate materials.
(iv) Any Tenant Delay.Exhibit A.
Appears in 1 contract
Samples: Lease Agreement (Peak Resorts Inc)
Construction of Tenant Improvements. Prior to commencing the construction of the Tenant Improvements, Tenant shall deliver to Landlord shall obtain all state and local licenses, permits and approvals (a) evidence of insurance (whether governmental carried by Tenant or non‑governmentalits contractor) required meeting the requirements set forth in the below Paragraph, which insurance shall be maintained throughout the construction of the Tenant Improvements, and (b) a project schedule in detail reasonably satisfactory to Landlord. Throughout the construction of the Tenant Improvements, Tenant shall notify Landlord promptly of any material deviations from such project schedule. Tenant or its contractor shall construct the Tenant Improvements in a good, first-class and for Tenant's occupancy of the Premises. Landlord shall provide access to the General Contractor for Construction of the Tenant Improvements workmanlike manner and to the extent such access requires entry through space occupied by other tenants, Landlord shall provide for such access at its sole cost and expense. The Landlord shall engage, subject to Tenant’s reasonable approval, a general contractor to construct the Tenant Improvements (the “General Contractor”). The General Contractor shall construct and install the Tenant Improvements in accordance with the Plans which expense and Specifications and all applicable governmental regulations. If Tenant shall be deducted from the Tenant Improvement Allowance. The Tenant Improvements shall be delivered via Associated General Contractors (AGC) Guaranteed Maximum Price Contract (the "Contract") with Liquidated Damages of $500.00 per day for each day of delay in achieving in substantial completion beyond the date specified in the Contract, which date shall be no later than October 1, 2010, and a payment and performance bond. Any Liquidated Damages (less cost of collection) paid to Landlord shall accrue to the Tenant; provided, however, any paid Liquidated Damages for any Tenant Delay shall accrue to Landlord. The General Contractor shall obtain at least three (3) bids for all major trade work at the Premises. Landlord will work with the General Contractor fail to complete the Tenant Improvements by the Commencement Date. All contracts with vendors , Tenant’s obligation to pay Base Rent and subcontractors for construction of the Tenant Improvements will be negotiated by the General Contractor. All work performed in connection with the construction of the Premises Additional Rent hereunder shall be performed in a good and workmanlike manner, in accordance with all Applicable Laws and the final approved Plans. If materials are not readily available, require quick ship charges, or require substitution, the Tenant will be given notice and the opportunity to select alternate materialsnevertheless begin as set forth herein. Landlord shall insure that have the Architect conducts a periodic review (a minimum of once every two weeks) of the progress of construction to ensure compliance with the Plans. Tenant may right, from time to time request in writing changes throughout the construction process, to enter upon the Plans (a “Change Order”), subject Premises to Landlord’s consent, which shall not be unreasonably withheld. Landlord shall cause Contractor to provide an estimate of any change in the Construction Cost and/or Schedule. Tenant shall have the right to elect whether or not to proceed with the Change Order within five (5) business days after receipt of such estimate. Upon such approval by Tenant, or confirmation by Landlord that the Change Order will not result in any change in cost and/or Schedule, Landlord shall implement the Change Order as part perform periodic inspections of the Tenant Improvements. Tenant acknowledges that agrees to respond to and address promptly any reasonable concerns raised by Landlord during or as a result of such inspections. All contractors and subcontractors utilized by Tenant shall carry the following items may result policies and types of insurance
(a) Workers’ Compensation and Employers’ Liability Insurance, with limits of not less than those required by any employee benefit act or other statutes applicable in changes to the Budget and/or Schedule:State of Georgia, as will protect Tenant’s contractors from any and all liability under the aforementioned acts.
(b) Commercial General Liability Insurance including (i) Municipal broad form contractual liability, (ii) completed operations/product liability with a two year extension beyond completion and acceptance of such contract work, (iii) broad form property damage including completed operations, (iv) X C & U exclusion deleted where applicable.
(c) Comprehensive Automobile Liability Insurance including the ownership, maintenance and operations of any automotive equipment owned, hired and non-owned, including loading and unloading of any automobile, which insurance shall insure Tenant’s contractors against any and all claims for bodily injury, including death resulting therefrom and damage to the property of others arising from its operations under its contract with Tenant whether such operations are performed by Tenant’s contractors or by any one directly or indirectly employed by any of them.
(d) Builders’ Risk Completed Value Form affording “All Risks of Physical Loss or Damage” to the Work and all other governmental inspectors require changes improvements to the Premises and all furniture, trade fixtures, equipment, merchandise and all other items of Tenant’s property in the Premises. All liability insurance shall have combined single limits of at least $3,000,000.00; provided, however, that with respect to any contractor or subcontractor whose contract amount is less than $100,000.00 and whose work does not involve high-risk activities (in the judgment of Landlord or its insurance agent) the limits required of such as code compliance changescontractor shall be $1,000,000.00. In such event, Landlord will notify Tenant All physical damage insurance shall be in amounts at least equal to the full replacement cost of the required changes, but the increased cost of such changes, if any, covered items and any delay associated with such changes shall be the responsibility of Tenant.
(ii) Change Orders approved by Tenant. Any increased costs and delays due to such approved Change Orders shall be the responsibility of Tenant. Any delays caused by such approved Change Orders shall not delay be subject to the Commencement Date of the Lease. Landlord shall not charge Tenant any administrative fees in respect application of any Change Orders. Tenant shall have five (5) business days to review and approve all Change Orders and any additional review time by Tenant shall be a Tenant Delaycoinsurance clauses or requirements.
(iii) If materials are not readily available, require quick ship charges, or require substitution, provided Landlord shall identify any such materials within ten (10) days of final approval of the Plans, and in any such case, Tenant will be given notice and the opportunity to select alternate materials.
(iv) Any Tenant Delay.
Appears in 1 contract
Construction of Tenant Improvements. Landlord (a) Tenant shall obtain all state exercise due di1l1gence in preparation of space plans, detailed construction plans, elevations of the facade, and local licenses, permits and approvals paint schemes (whether governmental or non‑governmental) required to construct the Tenant Improvements and for "Tenant's occupancy Plans") for all improvements desired by Tenant or required for operation of Tenant's business, including without limitation all changes to the facade of the Premisespremises, construction of Automatic Teller Machines and exterior deposit boxes and all sidewalk improvements appurtenant thereto (the "Improvements"), and shall submit Tenant's Plans to Landlord for approval. Landlord shall provide access have fifteen (15) business days from receipt of Tenants Plans in which to the General Contractor for Construction review and approve or disapprove them. If Landlord disapproves of the Tenant Improvements and to the extent such access requires entry through space occupied by other tenantsTenants Plans, Landlord shall provide for such access at its sole cost and expense. The Landlord shall engage, subject to Tenant’s reasonable approval, a general contractor to construct the Tenant Improvements (the “General Contractor”). The General Contractor shall construct and install the Tenant Improvements in accordance with the Plans which expense shall be deducted from the Tenant Improvement Allowance. The Tenant Improvements shall be delivered via Associated General Contractors (AGC) Guaranteed Maximum Price Contract (the "Contract") with Liquidated Damages of $500.00 per day for each day of delay in achieving in substantial completion beyond the date specified in the Contract, which date shall be no later than October 1, 2010, and a payment and performance bond. Any Liquidated Damages (less cost of collection) paid to Landlord shall accrue to the Tenant; provided, however, any paid Liquidated Damages for any Tenant Delay shall accrue to Landlord. The General Contractor shall obtain at least three (3) bids for all major trade work at the Premises. Landlord will work with the General Contractor to complete the Tenant Improvements by the Commencement Date. All contracts with vendors and subcontractors for construction written notification of the items of disapproval and Tenant Improvements shall modify Tenant's Plans accordingly. Landlord's approval will be negotiated by the General Contractor. All work performed in connection with the construction of the Premises shall be performed in a good and workmanlike manner, in accordance with all Applicable Laws and the final approved Plans. If materials are not readily available, require quick ship charges, or require substitution, the Tenant will be given notice and the opportunity to select alternate materials. Landlord shall insure that the Architect conducts a periodic review (a minimum of once every two weeks) of the progress of construction to ensure compliance with the Plans. Tenant may from time to time request in writing changes to the Plans (a “Change Order”), subject to Landlord’s consent, which shall not be unreasonably withheld. Landlord Tenant shall cause Contractor the Improvements to provide an estimate be designed and constructed in compliance with all applicable laws, building codes and regulations, including but not limited to all laws, ordinances, rules and regulations relating to the Landmark status o! the Building, the Federal Americans with Disabilities Act of any change in the Construction Cost and/or Schedule1990 (Pub. Tenant shall have the right to elect whether or not to proceed with the Change Order within five (5) business days after receipt of such estimateL. No. Upon such approval by Tenant101-336, or confirmation by Landlord that the Change Order will not result in any change in cost and/or Schedule104 Stat. 327), Landlord shall implement the Change Order as part amended, 42 U.S.C. ss.ss.12101 et seq., California Civil Code Sections 51 and 54.1, Title 24 of the Tenant Improvements. Tenant acknowledges that California Administrative code, as amended, including without limitation all of its access, and labor, energy and economy, requirements, and all statutes, rules and regulations supporting and supplementing the following items may result in changes foregoing, any and all other laws, rules and regulations relating to the Budget and/or Schedule:
(i) Municipal or other governmental inspectors require changes to accessibility of the Premises such as code compliance changes. In such eventto disabled persons, Landlord will notify Tenant of the required changesand all applicable federal, but the increased cost of such changesstate and local building codes, if anyenergy conservation ordinances and inspection and permit requirements, and any delay associated with such changes and all rules, regulations and requirements promulgated thereunder or under any similar laws, ordinances, rules, regulations and orders (collectively, the "Laws"). Any requests by Tenant during the term of this Lease and any option periods and subsequent terms to alter, add to or remove Improvements, or to make subsequent improvements, or for change orders during construction(any and all of which shall be referred to herein as "Subsequent Alterations"), shall be governed by the forgoing. During construction, Tenant shall permit Landlords representatives access to the work in order to inspect the work for compliance with Tenant's Plans and all Laws. Such inspection shall not impose any liability or responsibility for the work on Landlord, it being understood and agreed that such inspection is solely for the protection of the interests of Landlord and not intended to confer any benefit or protection upon Tenant.
(iib) Change Orders approved by TenantTenant assumes the sale responsibility and cost to design and construct all Tenant Improvements and Subsequent Alterations. Any increased costs All Tenant improvements and delays due to such approved Change Orders Subsequent Alterations shall be the responsibility of constructed in accordance with plans, specifications and other requirements agreed to in writing by Landlord and Tenant. Any delays caused by such approved Change Orders shall not delay the Commencement Date of the Lease. Landlord shall not charge Tenant any administrative fees in respect of any Change Orders. Tenant shall have five (5) business days to review and approve all Change Orders and any additional review time by Tenant shall be a Tenant Delay.
(iiic) If materials are not readily availableOn the Term Commencement Date, require quick ship charges, or require substitution, provided Landlord shall identify any such materials within ten pay to Tenant Seventy Five Thousand Dollars (10) days of final approval of the Plans, and in any such case, Tenant will be given notice and the opportunity to select alternate materials$75,000.00).
(iv) Any Tenant Delay.
Appears in 1 contract
Samples: Lease (FNB Bancorp/Ca/)
Construction of Tenant Improvements. Landlord Tenant shall obtain all state and local licenses, permits and approvals (whether governmental or non‑governmental) required to construct cause the Tenant Improvements and for Tenant's occupancy of the Premises. Landlord shall provide access to the General Contractor for Construction of the Tenant Improvements and to the extent such access requires entry through space occupied by other tenants, Landlord shall provide for such access at its sole cost and expense. The Landlord shall engage, subject to Tenant’s reasonable approval, a general contractor to construct the Tenant Improvements (the “General Contractor”). The General Contractor shall construct and install the Tenant Improvements in accordance with the Plans which expense shall be deducted from the Tenant Improvement Allowance. The Tenant Improvements shall be delivered via Associated General Contractors (AGC) Guaranteed Maximum Price Contract (the "Contract") with Liquidated Damages of $500.00 per day for each day of delay in achieving in substantial completion beyond the date specified in the Contract, which date shall be no later than October 1, 2010, and a payment and performance bond. Any Liquidated Damages (less cost of collection) paid to Landlord shall accrue to the Tenant; provided, however, any paid Liquidated Damages for any Tenant Delay shall accrue to Landlord. The General Contractor shall obtain at least three (3) bids for all major trade work at the Premises. Landlord will work with the General Contractor to complete the Tenant Improvements by the Commencement Date. All contracts with vendors and subcontractors for construction of the Tenant Improvements will to be negotiated carried out in compliance with the Working Plans, all applicable zoning laws and regulations, applicable covenants, conditions and restrictions, and otherwise in compliance with the provisions of Section 10 of the Lease. Prior to the commencement of construction, Tenant shall obtain course of construction and builder's "all risk" insurance in such amounts and form as Landlord requires, liability insurance in the form and amounts required under the Lease, and such performance bonds in form and amounts as Landlord requires. Tenant shall cause the construction of the Tenant Improvements to be carried out with such materials, equipment, contractors and subcontractors as Tenant shall select, all of which shall be approved by Landlord. Landlord hereby approves of South Bay Construction as Tenant's general contractor for its construction of the General ContractorTenant Improvements, subject however to such general contractor complying with all applicable requirements of this Work Letter. All work performed Within ten (10) days after the approval of the final Working Plans in accordance with subparagraph (a) above or as soon as is reasonably possible thereafter, Tenant shall submit to Landlord for its review and approval (i) copies of all proposed construction contracts between Tenant and all contractors and between such contractors and all subcontractors for the Tenant Improvements, together with such background information on such contractors and subcontractors as Landlord may require; (ii) a listing of the make, model, type, grade and all other characteristics requested by Landlord, of all materials, equipment and fixtures which Tenant proposes to install in or use in connection with the Tenant Improvements; and (iii) a budget setting forth in itemized fashion the costs of all materials, equipment, fixtures, contractors, subcontractors, laborers, permits, fees, licenses, and all other costs and expenses Tenant proposes to incur in connection with the construction of the Premises Tenant Improvements, specifically also including a development review fee to be paid to Landlord in connection with its review, oversight and related functions under this Work Letter in the amount of Nineteen Thousand Eight Hundred Thirty-eight Dollars ($19,838) (hereafter collectively the "Tenant Improvements Costs"). All such matters shall be performed in a good and workmanlike mannersubject to the approval of Landlord prior to the commencement of construction of the Tenant Improvements, in accordance with all Applicable Laws and the final approved Plans. If materials are not readily available, require quick ship charges, or require substitution, the Tenant will be given notice and the opportunity to select alternate materials. Landlord shall insure that the Architect conducts a periodic review (a minimum of once every two weeks) of the progress of construction to ensure compliance with the Plans. Tenant may from time to time request in writing changes to the Plans (a “Change Order”), subject to Landlord’s consent, which shall not be unreasonably withheld. Landlord shall cause Contractor to provide an estimate of any change in the Construction Cost and/or Schedule's reasonable discretion. Tenant shall have the right responsibility to elect whether or not to proceed with obtain all necessary construction and building permits and licenses necessary for the Change Order within five (5) business days after receipt of such estimate. Upon such approval by Tenant, or confirmation by Landlord that the Change Order will not result in any change in cost and/or Schedule, Landlord shall implement the Change Order as part construction of the Tenant Improvements. Tenant acknowledges that the following items may result in changes to the Budget and/or Schedule:
(i) Municipal or other governmental inspectors require changes to the Premises such as code compliance changes. In such event, Landlord will notify Tenant shall cause construction of the required changes, but Tenant Improvements in a good and workmanlike manner in strict accordance with the increased cost of such changes, if any, approved Working Plans. All Tenant Improvements Costs shall be paid for by and any delay associated with such changes shall be the sole responsibility of Tenant.
the Tenant (ii) Change Orders approved other than to the extent reimbursed by Tenantthe Allowance as set forth below), including without limitation all costs of utilities, services and insurance on the Premises arising out of the construction of the Tenant Improvements. Any increased costs and delays due to such approved Change Orders All construction of the Tenant Improvements shall be performed and completed lien free, and Tenant hereby indemnifies and agrees to defend and hold Landlord and the responsibility Premises free and harmless from any and all claims, losses, damages, actions and causes of Tenant. Any delays caused by such approved Change Orders shall not delay the Commencement Date action as may be incurred as a result of work performed or materials furnished in connection with construction of the LeaseTenant Improvements. Landlord shall not charge Tenant any administrative fees in respect have the right to post notices of any Change Orders. Tenant shall have five (5) business days non-responsibility at such locations as Landlord may desire prior to review and approve all Change Orders and any additional review time by Tenant shall be a Tenant Delay.
(iii) If materials are not readily available, require quick ship charges, or require substitution, provided Landlord shall identify any such materials within ten (10) days the commencement of final approval construction of the Plans, and in any such case, Tenant will be given notice and the opportunity to select alternate materialsImprovements.
(iv) Any Tenant Delay.
Appears in 1 contract
Samples: Lease (Seagate Software Inc)
Construction of Tenant Improvements. 3.1 Upon completion of the Working Plans and at the request of Tenant, Landlord and its contractor shall provide to Tenant in writing an estimate of the cost of improvements to be provided at Tenant’s expense pursuant to Section 1 of this Work Agreement. Within five days after Tenant’s receipt of such estimated cost, Tenant shall delete any items which Tenant elects not to have constructed and shall authorize construction of the balance of the improvements. In the absence of such written authorization, Landlord shall obtain all state not be obligated to commence work on the Premises and local licenses, permits and approvals (whether governmental or non‑governmental) required Tenant shall be responsible for any costs due to construct the Tenant Improvements and for Tenant's occupancy any resulting delay in completion of the Premises. Notwithstanding the provisions of this Section 3.1, Tenant may request Landlord’s approval to use a contractor other than Landlord’s for the construction of Tenant’s improvements. Tenant shall include with any request for such approval a written estimate by Tenant’s contractor of the cost of the improvements. Landlord shall provide access respond to any request for such approval within ten days after receipt of the request. If Landlord approves Tenant’s request to use its own contractor, the work performed by such contractor shall be in conformance with the provisions of Section 3.4 of this Work Agreement.
3.2 If Landlord’s contractor is to construct Tenant’s improvements, then prior to commencement of construction of the improvements, Tenant shall either (i) deposit with Landlord cash in an amount equal to the General Contractor for Construction estimated cost of the Tenant Improvements and improvements to the extent such access requires entry through space occupied by other tenants, Landlord shall provide for such access be installed at its sole cost and expense. The Landlord shall engage, subject to Tenant’s reasonable approvalexpense pursuant to Section 1 of this Work Agreement, or (ii) provide Landlord with other evidence or assurance, such as a general bond, satisfactory to Landlord of Tenant’s ability to pay the estimated cost of such improvements. Landlord’s contractor to construct shall then complete the Tenant Improvements (the “General Contractor”). The General Contractor shall construct and install the Tenant Improvements improvements in accordance with the Plans which expense Working Plans. Any additional amounts payable by Tenant for the actual cost of the improvements beyond the Improvement Allowance shall be deducted from the Tenant Improvement Allowance. The Tenant Improvements shall be delivered via Associated General Contractors (AGC) Guaranteed Maximum Price Contract (the "Contract") with Liquidated Damages of $500.00 per day for each day of delay in achieving in substantial completion beyond the date specified in the Contract, which date shall be no later than October 1, 2010, and a payment and performance bond. Any Liquidated Damages (less cost of collection) paid to Landlord shall accrue to the Tenant; provided, however, any paid Liquidated Damages for any Tenant Delay shall accrue to Landlord. The General Contractor shall obtain at least three (3) bids for all major trade work at the Premises. Landlord will work with the General Contractor to complete the Tenant Improvements by the Commencement Date. All contracts with vendors and subcontractors for construction of the Tenant Improvements will be negotiated by the General Contractor. All work performed in connection with the construction upon acceptance of the Premises shall be performed in a good and workmanlike manner, by Tenant in accordance with all Applicable Laws and the terms of the Lease, or upon receipt of the final accounting. If each is deposited by Tenant as provided above in this Section 3.2, any excess paid by Tenant over the actual cost of the improvements shall be promptly refunded to Tenant by Landlord.
3.3 If Tenant desires any change to its improvements, Tenant shall submit a written request for such change to Landlord, together with all plans and specifications necessary to show and explain changes from the approved Working Plans. If materials are not readily available, require quick ship charges, or require substitution, the Tenant will Any such change shall be given notice and the opportunity to select alternate materials. Landlord shall insure that the Architect conducts a periodic review (a minimum of once every two weeks) of the progress of construction to ensure compliance with the Plans. Tenant may from time to time request in writing changes to the Plans (a “Change Order”), subject to Landlord’s consent, which shall not be unreasonably withheldapproval. Landlord shall cause Contractor to provide an estimate of any change in the Construction Cost and/or Schedule. Tenant shall have the right to elect whether or not to proceed with the Change Order within five (5) business days after receipt of such estimate. Upon such approval by If Landlord’s contractor is constructing Tenant, or confirmation by Landlord that the Change Order will not result in any change in cost and/or Schedule’s improvements, Landlord or such contractor shall implement the Change Order as part notify Tenant in writing of the Tenant Improvements. Tenant acknowledges that the following items may result in changes to the Budget and/or Schedule:
(i) Municipal or other governmental inspectors require changes to the Premises such as code compliance changes. In such event, Landlord will notify Tenant of the required changes, but the increased cost of such changesamount, if any, and any delay associated with such changes shall be the responsibility of Tenant.
(ii) Change Orders approved by Tenant. Any increased costs and delays due to such approved Change Orders shall be the responsibility of Tenant. Any delays caused by such approved Change Orders shall not delay the Commencement Date of the Lease. Landlord shall not charge Tenant any administrative fees in respect of any Change Orders. Tenant shall have five (5) business days to review and approve all Change Orders and any additional review time by Tenant shall be a Tenant Delay.
(iii) If materials are not readily available, require quick ship charges, or require substitution, provided Landlord shall identify any such materials within ten (10) days of final approval of the Plans, and in any such case, Tenant which will be given notice and charged or credited to Tenant to reflect the opportunity to select alternate materialscost of such change.
(iv) Any Tenant Delay.
Appears in 1 contract
Samples: Lease Amendment (Mathstar Inc)
Construction of Tenant Improvements. Landlord shall obtain all state and local licenses, permits and approvals (whether governmental or non‑governmental) required to construct a. As part of the cost of the New Premises Tenant Improvements and for Tenant's occupancy of the Premises. Landlord shall provide access to the General Contractor for Construction be paid by Tenant (subject to Landlord’s contribution of the Tenant Improvement Allowance as provided herein), at Landlord’s option, Tenant shall reimburse Landlord for costs of remedying deficient or faulty work or inadequate clean-up done by Tenant or Tenant’s Contractor(s) and trash/dumpster use (“Deficient Work”) (unless Tenant’s Contractor uses its own dumpster with Landlord’s consent, in which event, trash removal shall be provided by Tenant’s Contractor; provided that in all events Tenant shall be responsible for removing its own trash from the New Premises to the appropriate dumpster in connection with any construction or installation by Tenant or its agents), provided, however, Landlord shall first provide Tenant with prior written notice affording Tenant ten (10) days within which to remedy any such Deficient Work. Tenant shall not be charged for use of construction electricity.
b. Landlord or its designated agent shall be afforded an opportunity to supervise all New Premises Tenant Improvements at its expense except as set forth in Section 11 of this Work Letter.
c. Except to the extent caused or contributed to by Landlord, Landlord shall not be liable for, and Tenant waives all claims against Landlord for, any defaults of the Tenant’s Contractor and all subcontractors and suppliers relating to construction of the New Premises Tenant Improvements. In the event of any such default, Tenant shall look solely to Tenant’s Contractor or the subcontractors or suppliers.
d. Tenant shall repair any damage to the Building (including the premises of other tenants), or to the property of Landlord or other tenants, and shall indemnify, defend, protect and hold the Landlord and Landlord’s agents harmless from any and all liabilities, obligations, damages, penalties, claims, costs, charges and expenses (including, without limitation, reasonable attorney’s fees) to the extent such access requires entry through space occupied by other tenantsclaim arises from the negligence of Tenant, Landlord shall provide for such access at its sole cost and expense. The Landlord shall engageemployees, subject to agents (including without limitation Tenant’s reasonable approval, a general contractor to construct Contractor) in the design of the New Premises Tenant Improvements (and the “General Contractor”). The General Contractor shall construct and install process of construction of the New Premises Tenant Improvements.
e. All of the New Premises Tenant Improvements shall be (1) completed substantially in accordance with the Plans which expense shall be deducted from the Tenant Improvement Allowance. The Tenant Improvements shall be delivered via Associated General Contractors approved Construction Plans; (AGC2) Guaranteed Maximum Price Contract (the "Contract") completed in accordance with Liquidated Damages of $500.00 per day for each day of delay in achieving in substantial completion beyond the date specified in the Contract, which date shall be no later than October 1, 2010, all Laws and a payment and performance bond. Any Liquidated Damages (less cost of collection) paid to Landlord shall accrue to the Tenantapplicable governmental requirements; provided, however, any paid Liquidated Damages for any Tenant Delay shall accrue to Landlord. The General Contractor shall obtain at least three (3) bids for all major trade work at the Premises. Landlord will work with the General Contractor to complete the Tenant Improvements by the Commencement Date. All contracts with vendors and subcontractors for construction of the Tenant Improvements will be negotiated by the General Contractor. All work performed in connection with the construction of the Premises shall be performed carried out promptly in a good and workmanlike manner, in accordance with all Applicable Laws and the final approved Plans. If materials are not readily available, require quick ship charges, or require substitution, the Tenant will be given notice and the opportunity to select alternate materials. Landlord shall insure that the Architect conducts a periodic review ; (a minimum of once every two weeks4) of all new materials, unless Landlord agrees otherwise in writing; and (5) free of defect in materials and workmanship.
f. Tenant’s Contractor and all subcontractors shall abide by the progress of Landlord’s reasonable construction rules that are provided to ensure compliance Tenant in writing.
g. Tenant shall obtain all necessary occupancy permits with the Plans. Tenant may from time to time request in writing changes respect to the Plans (a “Change Order”), subject New Premises and shall provide duplicate copies thereof to Landlord’s consent, which shall not be unreasonably withheld. Landlord shall cause Contractor to provide an estimate of any change in the Construction Cost and/or Schedule. Tenant shall have not occupy all or any portion of the right New Premises prior to elect whether or not to proceed obtaining all necessary occupancy permits for such occupancy and having complied with the Change Order within five (5) business days after receipt of such estimate. Upon such approval by Tenant, or confirmation by Landlord that the Change Order will not result in any change in cost and/or Schedule, Landlord shall implement the Change Order as part insurance requirements of the Tenant Improvements. Tenant acknowledges that the following items may result in changes Lease applicable to the Budget and/or Schedule:
(i) Municipal or other governmental inspectors require changes to the New Premises such as code compliance changes. In such event, Landlord will notify Tenant of the required changes, but the increased cost of such changes, if any, and any delay associated with such changes shall be the responsibility of TenantExtension Term.
(ii) Change Orders approved by Tenant. Any increased costs and delays due to such approved Change Orders shall be the responsibility of Tenant. Any delays caused by such approved Change Orders shall not delay the Commencement Date of the Lease. Landlord shall not charge Tenant any administrative fees in respect of any Change Orders. Tenant shall have five (5) business days to review and approve all Change Orders and any additional review time by Tenant shall be a Tenant Delay.
(iii) If materials are not readily available, require quick ship charges, or require substitution, provided Landlord shall identify any such materials within ten (10) days of final approval of the Plans, and in any such case, Tenant will be given notice and the opportunity to select alternate materials.
(iv) Any Tenant Delay.
Appears in 1 contract
Samples: Office Lease (KBS Real Estate Investment Trust II, Inc.)
Construction of Tenant Improvements. 3.1 Upon completion of the Working Plans and at the request of Tenant, Landlord and its contractor shall provide to Tenant in writing an estimate of the cost of improvements to be provided at Tenant’s expense pursuant to Section 1 of this Work Agreement. Within ten days after Tenant’s receipt of such estimated cost, Tenant shall delete any items which Tenant elects not to have constructed and shall authorize construction of the balance of the improvements. In the absence of such written authorization, Landlord shall obtain all state not be obligated to commence work on the Premises and local licenses, permits and approvals (whether governmental or non‑governmental) required Tenant shall be responsible for any costs due to construct the Tenant Improvements and for Tenant's occupancy any resulting delay in completion of the Premises. Landlord shall provide access to .
3.2 Tenant acknowledges that the General Contractor for Construction cost of the improvements will exceed the Tl Allowance. Tenant Improvements and to shall be responsible for all costs that exceed the extent such access requires entry through space occupied by other tenantsTl Allowance. Once the Tl Allowance has been exceeded, Landlord shall provide present progress xxxxxxxx to Tenant every thirty (30) days, and Tenant shall pay each progress billing within fifteen (15) days of receipt.
3.3 If Tenant desires any change to its improvements, Tenant shall submit a written request for such access at its sole cost change to Landlord, together with all plans and expensespecifications necessary to show and explain changes from the approved Working Plans. The Landlord Any such change shall engage, be subject to TenantLandlord’s reasonable approval. Landlord or its contractor shall notify Tenant in writing of the amount, a general contractor if any, which will be charged or credited to construct Tenant to reflect the Tenant Improvements (cost of such change relative to the “General Contractor”)Tl Allowance. The General Contractor shall construct and install If changes to the Tenant Improvements Working Plans result in accordance with the Plans which expense cost of the work being less than the Tl Allowance, the Base Rent shall be deducted from reduced to reflect the Tenant Improvement Allowance. The Tenant Improvements shall be delivered via Associated General Contractors (AGC) Guaranteed Maximum Price Contract (amortized cost savings over the "Contract") with Liquidated Damages Term of $500.00 per day for each day of delay in achieving in substantial completion beyond the date specified in the Contract, which date shall be no later than October 1, 2010, and a payment and performance bond. Any Liquidated Damages (less cost of collection) paid to Landlord shall accrue to the Tenant; provided, however, any paid Liquidated Damages for any Tenant Delay shall accrue to Landlord. The General Contractor shall obtain at least three (3) bids for all major trade work Lease at the Premises. Landlord will rate of ten percent (10%) per annum.
3.4 If Tenant requests that its contractor be permitted to perform any work with the General Contractor to complete the Tenant Improvements by the Commencement Date. All contracts with vendors and subcontractors for construction of the Tenant Improvements will be negotiated by the General Contractor. All work performed in connection with the construction improvements on the Premises and Landlord consents, in writing, to that request, such work shall conform to the following requirements:
3.4.1 Such work shall proceed only upon Landlord’s written approval of the Premises public liability and property damage insurance carried by Tenant’s contractor. Landlord shall have the right to require Tenant’s contractor to post a payment or performance bond in an amount equal to the estimated cost of the work to be performed by such contractor. Tenant shall supply Landlord with the name, address, and emergency telephone number for Tenant’s contractor and all subcontractors retained by Tenant’s contractor.
3.4.2 All such work shall be done in conformity with a valid building permit when required, a copy of which shall be furnished to Landlord before such work is commenced, and in any case, all such work shall be performed in accordance with all applicable governmental regulations and all applicable safety regulations established by Landlord or its contractor for the Building generally. Notwithstanding any failure by Landlord to object to any such work, Landlord shall have no responsibility for Tenant’s failure to comply with all applicable governmental regulations.
3.4.3 Landlord may require that all such work be performed by union labor in accordance with any union labor agreements applicable to the trades being employed at the site.
3.4.4 All such work shall be scheduled through Landlord and shall be performed in a good manner and workmanlike manner, at times which do not impede or delay any work on the Premises being performed by Landlord’s contractor.
3.4.5 Tenant’s contractor shall store any materials only in accordance with all Applicable Laws and the final approved Plans. If materials are not readily available, require quick ship charges, Premises or require substitution, the Tenant will in such other space as may be given notice and the opportunity to select alternate materials. designated by Landlord shall insure that the Architect conducts a periodic review (a minimum of once every two weeks) of the progress of construction to ensure compliance with the Plans. Tenant may or its contractor from time to time request in writing changes time. All trash and surplus construction materials shall also be stored within the Premises and shall be promptly removed from the Property.
3.4.6 Tenant’s entry into the Premises for any purpose, including without limitation inspection or performance of work by Tenant’s contractor, prior to the Plans (a “Change Order”)Commencement Date, shall be subject to Landlordall the terms and conditions of the Lease, including without limitation the provisions of the Lease relating to the maintenance of insurance, but excluding the provisions of the Lease relating to the payment of rent. Tenant’s consent, which entry shall not be unreasonably withheld. Landlord shall cause Contractor to provide an estimate of any change in the Construction Cost and/or Schedule. Tenant shall have the right to elect whether or not to proceed with the Change Order within five (5) business days after receipt of such estimate. Upon such approval mean entry by Tenant, its officers, contractors, licensees, agents, servants, employees, guests, invitees, or confirmation by visitors.
3.4.7 Tenant shall indemnify and hold harmless Landlord that the Change Order will not result from and against any and all claims, losses, liabilities, and expenses (including without limitation attorneys’ fees) arising out of or in any change way related to the activities of Tenant’s contractors (and any subcontractors) in cost and/or Schedule, Landlord shall implement the Change Order as part Premises or the on the Property. Without limiting the generality of the foregoing, Tenant Improvements. shall promptly reimburse Landlord upon demand for any extra expense incurred by the Landlord as a result of faulty work done by Tenant acknowledges that the following items may result in changes to the Budget and/or Schedule:
(i) Municipal or other governmental inspectors require changes to the Premises such as code compliance changes. In such eventits contractors, Landlord will notify Tenant of the required changes, but the increased cost of such changes, if any, and any delay associated with such changes shall be the responsibility of Tenant.
(ii) Change Orders approved by Tenant. Any increased costs and delays due to such approved Change Orders shall be the responsibility of Tenant. Any delays caused by such approved Change Orders shall not delay the Commencement Date of the Lease. work, or inadequate clean-up.
3.5 Landlord shall not charge Tenant any administrative oversight fees in respect of any Change Ordersor supervisory fees during the tenant improvement construction period. Tenant shall have five (5) business days to review and approve all Change Orders and any additional review time by Tenant shall be a Tenant Delay.
(iii) If materials are not readily available, require quick ship charges, or require substitution, provided Landlord shall identify any such materials within ten (10) days of final approval of the Plans, and in any such case, Tenant will be given notice and the opportunity to select alternate materials.
(iv) Any Tenant Delay.Jive Software Page 27
Appears in 1 contract
Samples: Lease Agreement
Construction of Tenant Improvements. Landlord shall obtain all state and local licenses, permits and approvals (whether governmental or non‑governmental) required to construct the Tenant Improvements and for 5.1. Upon Tenant's occupancy ’s approval of the Premises. Landlord shall provide access to Plans including the General Contractor for Construction estimate of the cost of the Tenant Improvements and to the extent such access requires entry through space occupied by other tenantsImprovements, Landlord shall provide for such access at cause its sole cost and expense. The Landlord shall engage, subject to Tenant’s reasonable approval, a general contractor to construct the Tenant Improvements (the “General Contractor”). The General Contractor shall construct proceed to secure a building permit and install the Tenant Improvements in accordance with the Plans which expense shall be deducted from the Tenant Improvement Allowance. The Tenant Improvements shall be delivered via Associated General Contractors (AGC) Guaranteed Maximum Price Contract (the "Contract") with Liquidated Damages of $500.00 per day for each day of delay in achieving in substantial completion beyond the date specified in the Contract, which date shall be no later than October 1, 2010, and a payment and performance bond. Any Liquidated Damages (less cost of collection) paid to Landlord shall accrue to the Tenant; provided, however, any paid Liquidated Damages for any Tenant Delay shall accrue to Landlord. The General Contractor shall obtain at least three (3) bids for all major trade work at the Premises. Landlord will work with the General Contractor to complete the Tenant Improvements by the Commencement Date. All contracts with vendors and subcontractors for commence construction of the Tenant Improvements will be negotiated by provided that Tenant shall cooperate with Landlord in executing permit applications and performing other actions reasonably necessary to enable Landlord to obtain any required permits or certificates of occupancy; and provided further that the General Contractor. All work performed Building has in connection with Landlord’s discretion reached the stage of construction where it is appropriate to commence construction of the Tenant Improvements in the Premises.
5.2. Landlord shall not be liable for any direct or indirect damages suffered by Tenant as a result of delays in construction beyond Landlord’s reasonable control, including, but not limited to, delays due to strikes or unavailability of materials or labor, or delays caused by Tenant (including delays by the Space Planner, the contractor or anyone else performing services on behalf of Landlord or Tenant).
5.3. If any work is to be performed on the Premises by Tenant or Tenant’s contractor or agents:
(a) Such work shall proceed upon Landlord’s written approval of Tenant’s contractor, public liability and property damage insurance carried by Tenant’s contractor, and detailed plans and specifications for such work, shall be at Tenant’s sole cost and expense and shall further be subject to the provisions of Paragraphs 10 and 13 of the Lease.
(b) All work shall be done in conformity with a valid building permit when required, a copy of which shall be furnished to Landlord before such work is commenced, and in any case, all such work shall be performed in a good and workmanlike manneraccordance with all applicable Regulations. Notwithstanding any failure by Landlord to object to any such work, Landlord shall have no responsibility for Tenant’s failure to comply with all applicable Regulations.
(c) If required by Landlord or any lender of Landlord, all work by Tenant or Tenant’s contractor or agents shall be done with union labor in accordance with all Applicable Laws union labor agreements applicable to the trades being employed.
(d) All work by Tenant or Tenant’s contractor or agents shall be scheduled through Landlord.
(e) Tenant or Tenant’s contractor or agents shall arrange for necessary utility, hoisting and elevator service with Landlord’s contractor and shall pay such reasonable charges for such services as may be charged by Tenant’s or Landlord’s contractor.
(f) Tenant’s entry to the final approved Plans. If materials are not readily availablePremises for any purpose, require quick ship chargesincluding, without limitation, inspection or require substitutionperformance of Tenant construction by Tenant’s agents, prior to the Tenant will date Tenant’s obligation to pay rent commences shall be given notice subject to all the terms and the opportunity to select alternate materials. Landlord shall insure that the Architect conducts a periodic review (a minimum of once every two weeks) conditions of the progress Lease except the payment of construction to ensure compliance with the PlansRent. Tenant may from time to time request in writing changes to the Plans (a “Change Order”), subject to LandlordTenant’s consent, which entry shall not be unreasonably withheld. Landlord shall cause Contractor to provide an estimate of any change in the Construction Cost and/or Schedule. Tenant shall have the right to elect whether or not to proceed with the Change Order within five (5) business days after receipt of such estimate. Upon such approval mean entry by Tenant, its officers, contractors, licensees, agents, servants, employees, guests, invitees, or confirmation by Landlord that the Change Order will not result in any change in cost and/or Schedule, Landlord shall implement the Change Order as part of the Tenant Improvements. Tenant acknowledges that the following items may result in changes to the Budget and/or Schedule:
(i) Municipal or other governmental inspectors require changes to the Premises such as code compliance changes. In such event, Landlord will notify Tenant of the required changes, but the increased cost of such changes, if any, and any delay associated with such changes shall be the responsibility of Tenantvisitors.
(iig) Change Orders approved Tenant shall promptly reimburse Landlord upon demand for any reasonable expense actually incurred by Tenant. Any increased costs and delays due to such approved Change Orders shall be the responsibility Landlord by reason of Tenant. Any faulty work done by Tenant or its contractors or by reason of any delays caused by such approved Change Orders shall not delay the Commencement Date of the Lease. Landlord shall not charge Tenant any administrative fees in respect of any Change Orders. Tenant shall have five (5) business days to review and approve all Change Orders and any additional review time by Tenant shall be a Tenant Delay.
(iii) If materials are not readily available, require quick ship chargeswork, or require substitution, provided Landlord shall identify any such materials within ten (10) days by reason of final approval of the Plans, and in any such case, Tenant will be given notice and the opportunity to select alternate materialsinadequate clean-up.
(iv) Any Tenant Delay.
Appears in 1 contract
Construction of Tenant Improvements. Landlord (a) Following Xxxxxxxx’s approval of the Tenant Plans, Tenant shall obtain all state and local licenses, permits and approvals (whether governmental or non‑governmental) required to construct cause the Tenant Improvements to be constructed and for Tenant's occupancy installed (i) using new materials of the Premisesgood quality and (ii) in a workmanlike and proper manner. Landlord shall provide access supply, and Tenant shall pay for, all electrical services and other utilities to the General Contractor for Construction Premises during the installation and construction of the Tenant Improvements. Landlord and Landlord’s representatives shall be entitled to enter the Premises from time to time during the installation of the Tenant Improvements for the purpose of inspecting same and confirming compliance by Tenant with the terms and provisions of the Lease, including this Exhibit B.
(b) Tenant shall not permit any mechanic’s lien(s) or other liens to be placed upon the extent Premises, the Building or the Land as a result of or in connection with the construction and installation of the Tenant Improvements; and in the event any such access requires entry through space occupied by other tenantslien(s) shall be placed upon the Premises, Landlord the Building or the Land as a result of or in connection with the construction and installation of the Tenant Improvements, Tenant shall provide for such access arrange to have the same discharged at its Tenant’s sole cost and expense. The , and if Tenant fails to do so within ten (10) days, Landlord shall engage, subject to may bond over the same at Tenant’s reasonable approvalexpense.
(c) With respect to the construction of the Tenant Improvements, Tenant shall contract directly with a general contractor to construct the Tenant Improvements (the “Tenant’s General Contractor”). The following terms and provisions shall apply with regard to Tenant’s General Contractor shall construct and Contractor:
(1) The terms of any agreement to install the Tenant Improvements in accordance with the Plans which expense shall be deducted from governed by a separate construction contract signed by Xxxxxx and Xxxxxx’s General Contractor, and the Tenant Improvement Allowanceconstruction contract shall be prepared using the applicable AIA contract form for such projects. The Tenant Improvements A true and complete copy of such construction contract (and all subsequent amendments thereto) shall be delivered via Associated General Contractors (AGC) Guaranteed Maximum Price Contract (the "Contract") with Liquidated Damages of $500.00 per day for each day of delay in achieving in substantial completion beyond the date specified in the Contract, which date shall be no later than October 1, 2010, and a payment and performance bond. Any Liquidated Damages (less cost of collection) paid by Tenant to Landlord promptly after the execution thereof.
(2) Tenant shall accrue not commence (or cause or permit to be commenced) the Tenant; provided, however, any paid Liquidated Damages for any Tenant Delay shall accrue to Landlord. The General Contractor shall obtain at least three (3) bids for all major trade work at the Premises. Landlord will work with the General Contractor to complete the Tenant Improvements by the Commencement Date. All contracts with vendors and subcontractors for construction of the Tenant Improvements until all aspects of the Tenant Plans have been approved by Landlord and until Tenant’s General Contractor has delivered to Landlord original certificates (in form and amounts reasonably satisfactory to Landlord) of the general contractor’s “builder’s risk” and general liability insurance policies naming Landlord as an additional insured. Such insurance policies must be issued by and binding upon an insurance company approved by Landlord, which approval shall not be unreasonably withheld or delayed; and Tenant shall use commercially reasonable efforts to ensure that such certificates of insurance state that the issuing insurance company will not cancel the coverage, fail to renew the coverage or change the coverage in a manner that would cause Tenant to no longer be negotiated in compliance with Tenant’s insurance obligations under this Exhibit B without first giving at least thirty (30) days’ prior written notice to Landlord, or, in the event the insurance company is unable or unwilling to provide such notice to Landlord, then without first giving at least thirty (30) days’ prior written notice to Tenant, in which event Tenant shall promptly provide Landlord with written notice enclosing a copy of such notice from the insurance company. Further, Tenant shall cause such builder’s risk and general liability insurance coverage naming Xxxxxx’s general contractor as the insured and naming Landlord as an additional insured to be maintained in full force and effect during the entire period the Tenant Improvements are being constructed. Additionally, Tenant shall cause Tenant’s General Contractor to maintain workers’ compensation insurance and all other insurance coverages (if any) that are required by applicable law and shall, if requested by Landlord, promptly provide to Landlord reasonable documentary evidence of such additional insurance coverage(s).
(d) Xxxxxxxx agrees to contribute the General Contractor. All work performed Tenant Improvements Allowance toward the hard costs of constructing the Tenant Improvements, as well as Tenant’s reasonable, third-party, out-of-pocket expenses incurred in connection with the construction design, architectural and engineering costs related thereto, installation of the Tenant’s personal property, telecommunications and computer cabling, adjusting the HVAC distribution system, and in connection with the relocation of certain of Tenant’s employees and personnel to the Premises from Tenant’s existing leased premises at 00 Xxxxxxxx Xxxxxx, Lexington, Massachusetts (collectively, the “Improvement Costs”). The agreements of Landlord and Tenant regarding the Tenant Improvements Allowance are as follows:
(1) In the event the Improvement Costs exceed the Tenant Improvements Allowance, Tenant shall be performed in a good responsible for bearing and workmanlike manner, paying such excess costs (the “Excess Costs”).
(2) Landlord shall make disbursements of the Tenant Improvements Allowance in accordance with all Applicable Laws the payment applications provided by Tenant for expenses incurred and the final approved Plans. If materials are not readily available, require quick ship charges, or require substitution, the Tenant will be given notice and the opportunity to select alternate materials. Landlord shall insure that the Architect conducts a periodic review (a minimum of once every two weeks) of the progress of construction to ensure compliance with the Plans. Tenant may from time to time request in writing changes to the Plans (a “Change Order”), subject to Landlord’s consent, which shall not be unreasonably withheld. Landlord shall cause Contractor to provide an estimate of any change in the Construction Cost and/or Schedule. Tenant shall have the right to elect whether or not to proceed with the Change Order within five (5) business days after receipt of such estimate. Upon such approval documented by Tenant, or confirmation by Landlord that the Change Order will not result in any change in cost and/or ScheduleTenant’s General Contractor, Landlord with such General Contractor applications certified by Xxxxxx’s architect or project manager. The final disbursement shall implement the Change Order as part be paid upon completion of the Tenant ImprovementsImprovements and Landlord’s receipt of all Final Documents (as defined below). Tenant acknowledges that Landlord’s obligation to make such disbursements shall be subject to the following items may result in changes to the Budget and/or Scheduleconditions:
(i) Municipal or other governmental inspectors require changes Landlord shall not be obligated to the Premises such as code compliance changes. In such event, Landlord will notify Tenant make any disbursements of the Tenant Improvements Allowance prior to Tenant’s delivery to Landlord of (i) evidence of Tenant’s receipt of all necessary permits required changesto commence construction of the Tenant Improvements, but (ii) a fully-executed copy of Tenant’s construction contract with Xxxxxx’s General Contractor and (iii) a final, complete copy of the increased cost of such changes, if any, Tenant Plans as agreed to by Landlord and any delay associated with such changes shall be the responsibility of Tenant.
(ii) Change Orders approved by Tenant. Any increased costs and delays due to such approved Change Orders shall be the responsibility of Tenant. Any delays caused by such approved Change Orders Landlord shall not delay the Commencement Date be obligated to make more than one disbursement of the LeaseTenant Improvements Allowance in any calendar month. Landlord shall not charge Tenant have no obligation to fund any administrative fees in respect of any Change Orders. Tenant shall have five request made later than the date that is eighteen (518) business days to review and approve all Change Orders and any additional review time by Tenant shall be a Tenant Delaymonths after the date on which the A&R Lease is signed.
(iii) If materials are not readily available, require quick ship charges, or require substitution, provided Landlord shall identify not be obligated to make any such materials disbursement of the Tenant Improvements Allowance or HVAC Remediation Allowance, as the case may be, until Landlord receives current Supporting Documents (as defined herein). Landlord shall pay applicable disbursements to Tenant within ten thirty (1030) days following Xxxxxxxx’s receipt of final approval a valid request for disbursement of the Plans, Tenant Improvements Allowance and in any such case, Tenant will be given notice and the opportunity to select alternate materialsall appropriate Supporting Documents.
(iv) Any The obligation of Landlord to make each such disbursement of the Tenant DelayImprovements Allowance or HVAC Remediation Allowance is subject to the condition precedent that, on the date of such disbursement, no event has occurred and is continuing which constitutes an uncured default of Tenant under the Lease.
(v) After disbursement of the Tenant Improvements Allowance (or any portion thereof) or HVAC Remediation Allowance (or any portion thereof) by Landlord to Tenant, Tenant shall be solely responsible for disbursement to Tenant’s General Contractor, subcontractors and material suppliers of payments for the Improvement Costs; provided that Landlord, at its option, may elect to pay portions of the Tenant Improvements Allowance directly to Tenant’s General Contractor.
(vi) As used herein, the term “Supporting Documents” shall mean, with respect to each disbursement (excluding the final disbursement) of the Tenant Improvements Allowance and HVAC Remediation Allowance for payments to the Tenant’s General Contractor for Improvement Costs hereunder:
Appears in 1 contract
Samples: Lease (Gsi Group Inc)
Construction of Tenant Improvements. The “Tenant Improvements” shall consist of any and all improvements and work required following the completion of the Landlord shall obtain all state Work, to improve, alter and local licenses, permits and approvals (whether governmental or non‑governmental) required to construct complete the Tenant Improvements and Premises for Tenant's occupancy of the Premises. Landlord shall provide access to the General Contractor for Construction of the Tenant Improvements and to the extent such access requires entry through space occupied by other tenants, Landlord shall provide for such access at its sole cost and expense. The Landlord shall engage, subject to Tenant’s reasonable approval, a general contractor to construct the Tenant Improvements (the “General Contractor”). The General Contractor shall construct and install the Tenant Improvements in accordance with the Plans which expense shall be deducted from the Tenant Improvement Allowanceoccupancy. The Tenant Improvements shall be delivered via Associated General Contractors (AGC) Guaranteed Maximum Price Contract (undertaken and prosecuted in accordance with the "Contract") with Liquidated Damages of $500.00 per day for each day of delay in achieving in substantial completion beyond the date specified in the Contract, which date following requirements:
2.1.1 The Tenant Improvements shall be no later than October 1, 2010, designed and a payment constructed by Tenant in accordance with the Approved Working Drawings (defined below) and performance bondthe terms of this Work Agreement. Any Liquidated Damages (less cost of collection) paid to Tenant shall abide by the reasonable written rules established by Landlord shall accrue or Landlord’s property manager with respect to the Tenant; provided, however, any paid Liquidated Damages for any Tenant Delay shall accrue to Landlord. The General Contractor shall obtain at least three (3) bids for all major trade work at the Premises. Landlord will work with the General Contractor to complete the Tenant Improvements by the Commencement Date. All contracts with vendors and subcontractors for construction of the Tenant Improvements will be negotiated in the Building, the use of freight, loading dock and service areas, storage of materials, coordination of work with the contractors of other tenants. All construction drawings (defined below) prepared by the General ContractorArchitect (defined below) shall follow Landlord’s commercially reasonable CAD standards and requirements, which standards and requirements shall be provided to Tenant or the Architect upon request.
2.1.2 The Tenant Improvements shall be undertaken and performed at all times in accordance with all state, federal and local laws, regulations and ordinances, including without limitation all OSHA and other safety laws and with all applicable rules, orders, regulations and requirements of the California Board of Fire Underwriters and the California Fire Insurance Rating Organization or any similar body.
2.1.3 Landlord shall, within ten (10) business days after request by Tenant, provide Tenant with appropriate “path of travel plans” showing areas outside the Premises, as required under applicable laws and codes. All work performed in connection with Tenant shall deliver to Landlord a copy of the final application for permit and issued permit for the construction of the Premises Tenant Improvements prior to commencement of construction. Prior to the commencement of construction of any portion of the Tenant Improvements, Tenant shall have procured and paid for and exhibited to Landlord all permits, approvals and authorizations of all applicable governmental authorities. Landlord will use reasonable efforts to cooperate with Tenant in Tenant’s efforts to procure applicable construction permits.
2.1.4 Contractor (defined below) as well as all subcontractors, laborers, materialmen, and suppliers used by Tenant for the Tenant Improvements (such subcontractors, laborers, materialmen, and suppliers, and Contractor, referred to herein collectively as “Tenant’s Agents”) shall comply with Landlord’s written guidelines generally imposed on third party contractors including without limitation all insurance coverage requirements and the obligation to furnish appropriate certificates of insurance to Landlord prior to commencement of construction. Contractor and each of its subcontractors shall guarantee to Tenant and for the benefit of Landlord that the portion of the Tenant Improvements for which it is responsible shall be performed free from any defects in workmanship and materials for a good and workmanlike mannerperiod of not less than one (1) year from the date of completion thereof. Each of Tenant’s Agents shall be responsible for the replacement or repair, without additional charge, of all work done or furnished in accordance with its contract that shall become defective within one (1) year after the completion of the work performed by such contractor or subcontractors. The correction of such work shall include, without additional charge, all Applicable Laws additional expenses and damages incurred in connection with such removal or replacement of all or any part of the final approved PlansTenant Improvements, and/or the Building and/or common areas that may be damaged or disturbed thereby. All such warranties or guarantees as to materials or workmanship of or with respect to the Tenant Improvements shall be contained in the applicable contract or subcontract and shall be written such that such guarantees or warranties shall inure to the benefit of both Landlord and Tenant, as their respective interests may appear, and can be directly enforced by either. Tenant shall give to Landlord any assignment or other assurances that may be necessary to effect such right of direct enforcement.
2.1.5 Tenant and Contractor shall use commercially reasonable efforts to hold weekly job meetings and shall provide Landlord with reasonable advance notice of such meetings and permit Landlord’s construction manager, at its election, to attend; said meetings may be attended by parties telephonically.
2.1.6 All of the relevant provisions of the Lease shall apply to any activity of Tenant, its agents and contractors, in the Premises during the construction of the Tenant Improvements.
2.1.7 It shall be the responsibility of Tenant and Tenant’s contractors to remove all trash and debris from the Premises on a regular basis and to break down all boxes and place all such trash and debris in the containers supplied for that purpose. If materials trash and debris are not readily availableremoved on a regular basis by Tenant or Tenant’s contractors, require quick ship charges, or require substitution, the Tenant will be given notice and the opportunity to select alternate materials. then Landlord shall insure that the Architect conducts a periodic review (a minimum of once every two weeks) of the progress of construction to ensure compliance with the Plans. Tenant may from time to time request in writing changes to the Plans (a “Change Order”), subject to Landlord’s consent, which shall not be unreasonably withheld. Landlord shall cause Contractor to provide an estimate of any change in the Construction Cost and/or Schedule. Tenant shall have the right to elect whether remove such trash and debris or not to proceed with have such trash and debris removed at the Change Order within five (5) business days after receipt sole cost and expense of such estimate. Upon such approval Tenant by Tenant, or confirmation by Landlord that deduction from the Change Order will not result in any change in cost and/or Schedule, Landlord shall implement the Change Order as part Allowance.
2.1.8 Following completion of the Tenant Improvements. , Tenant acknowledges that shall cause any necessary Notice of Completion to be recorded in the following items may result office of the Recorder of San Francisco County in changes accordance with Section 3093 of the California Civil code or any successor statute, shall furnish a copy thereof to Landlord upon such recordation, and shall timely give all notices required pursuant to Section 3259.5 of the Budget and/or ScheduleCalifornia Civil Code or any successor statute and will provide to Landlord:
(ia) Municipal or other governmental inspectors require as-built drawings of the Premises signed by Architect; Tenant shall cause the Architect and Contractor to update the Approved Working Drawings as necessary to reflect all changes made to the Premises such Approved Working Drawings during the course of construction and a certificate, in a form reasonably acceptable to Landlord, from Architect certifying that the construction of the Tenant Improvements have been substantially completed;
(b) CAD files of the improved space compatible with Landlord’s CAD standards;
(c) a final punchlist signed by Tenant;
(d) final and unconditional lien waivers from all contractors and subcontractors;
(e) signed copies of the permit or job card indicating passing of the final inspection; and
(f) a copy of all warranties, guaranties, and operating manuals and information relating to the Tenant Improvements. The foregoing materials are referred to herein collectively as code compliance changesthe “Close-out Package”. In such eventShould Tenant fail to provide complete CAD files compatible with Landlord’s standards as required herein, Landlord will notify Tenant of may cause its architect to prepare same and the required changes, but the increased cost of such changes, if any, and any delay associated with such changes thereof shall be the responsibility of Tenant.
(ii) Change Orders approved by Tenant. Any increased costs and delays due reimbursed to such approved Change Orders shall be the responsibility of Tenant. Any delays caused by such approved Change Orders shall not delay the Commencement Date of the Lease. Landlord shall not charge Tenant any administrative fees in respect of any Change Orders. Tenant shall have five (5) business days to review and approve all Change Orders and any additional review time by Tenant shall be a Tenant Delay.
as additional Rent under the Lease within thirty (iii) If materials are not readily available, require quick ship charges, or require substitution, provided Landlord shall identify any such materials within ten (1030) days of final approval of the Plans, and in any such case, Tenant will be given notice and the opportunity to select alternate materialsinvoice therefor.
(iv) Any Tenant Delay.
Appears in 1 contract
Construction of Tenant Improvements. 3.1 Upon completion of the Working Plans and at the request of Tenant, Landlord and its contractor shall provide to Tenant in writing an estimate of the cost of improvements to be provided at Tenant’s expense pursuant to Section 1 of this Work Agreement. Within ten days after Tenant’s receipt of such estimated cost, Tenant shall delete any items which Tenant elects not to have constructed and shall authorize construction of the balance of the improvements. In the absence of such written authorization, Landlord shall obtain all state not be obligated to commence work on the Premises and local licenses, permits and approvals (whether governmental or non‑governmental) required Tenant shall be responsible for any costs due to construct the Tenant Improvements and for Tenant's occupancy any resulting delay in completion of the Premises. Landlord shall provide access to .
3.2 Tenant acknowledges that the General Contractor for Construction cost of the improvements will exceed the Tl Allowance. Tenant Improvements and to shall be responsible for all costs that exceed the extent such access requires entry through space occupied by other tenantsTl Allowance. Once the Tl Allowance has been exceeded, Landlord shall provide present progress xxxxxxxx to Tenant every thirty (30) days, and Tenant shall pay each progress billing within fifteen (15) days of receipt.
3.3 If Tenant desires any change to its improvements, Tenant shall submit a written request for such access at its sole cost change to Landlord, together with all plans and expensespecifications necessary to show and explain changes from the approved Working Plans. The Landlord Any such change shall engage, be subject to TenantLandlord’s reasonable approval. Landlord or its contractor shall notify Tenant in writing of the amount, a general contractor if any, which will be charged or credited to construct Tenant to reflect the Tenant Improvements (cost of such change relative to the “General Contractor”)Tl Allowance. The General Contractor shall construct and install If changes to the Tenant Improvements Working Plans result in accordance with the Plans which expense cost of the work being less than the Tl Allowance, the Base Rent shall be deducted from reduced to reflect the Tenant Improvement Allowance. The Tenant Improvements shall be delivered via Associated General Contractors (AGC) Guaranteed Maximum Price Contract (amortized cost savings over the "Contract") with Liquidated Damages Term of $500.00 per day for each day of delay in achieving in substantial completion beyond the date specified in the Contract, which date shall be no later than October 1, 2010, and a payment and performance bond. Any Liquidated Damages (less cost of collection) paid to Landlord shall accrue to the Tenant; provided, however, any paid Liquidated Damages for any Tenant Delay shall accrue to Landlord. The General Contractor shall obtain at least three (3) bids for all major trade work Lease at the Premises. Landlord will rate of ten percent (10%) per annum.
3.4 If Tenant requests that its contractor be permitted to perform any work with the General Contractor to complete the Tenant Improvements by the Commencement Date. All contracts with vendors and subcontractors for construction of the Tenant Improvements will be negotiated by the General Contractor. All work performed in connection with the construction improvements on the Premises and Landlord consents, in writing, to that request, such work shall conform to the following requirements:
3.4.1 Such work shall proceed only upon Landlord’s written approval of the Premises public liability and property damage insurance carried by Tenant’s contractor. Landlord shall have the right to require Tenant’s contractor to post a payment or performance bond in an amount equal to the estimated cost of the work to be performed by such contractor. Tenant shall supply Landlord with the name, address, and emergency telephone number for Tenant’s contractor and all subcontractors retained by Tenant’s contractor.
3.4.2 All such work shall be done in conformity with a valid building permit when required, a copy of which shall be furnished to Landlord before such work is commenced, and in any case, all such work shall be performed in accordance with all applicable governmental regulations and all applicable safety regulations established by Landlord or its contractor for the Building generally. Notwithstanding any failure by Landlord to object to any such work, Landlord shall have no responsibility for Tenant’s failure to comply with all applicable governmental regulations.
3.4.3 Landlord may require that all such work be performed by union labor in accordance with any union labor agreements applicable to the trades being employed at the site.
3.4.4 All such work shall be scheduled through Landlord and shall be performed in a good manner and workmanlike manner, at times which do not impede or delay any work on the Premises being performed by Landlord’s contractor.
3.4.5 Tenant’s contractor shall store any materials only in accordance with all Applicable Laws and the final approved Plans. If materials are not readily available, require quick ship charges, Premises or require substitution, the Tenant will in such other space as may be given notice and the opportunity to select alternate materials. designated by Landlord shall insure that the Architect conducts a periodic review (a minimum of once every two weeks) of the progress of construction to ensure compliance with the Plans. Tenant may or its contractor from time to time request in writing changes time. All trash and surplus construction materials shall also be stored within the Premises and shall be promptly removed from the Property.
3.4.6 Tenant’s entry into the Premises for any purpose, including without limitation inspection or performance of work by Tenant’s contractor, prior to the Plans (a “Change Order”)Commencement Date, shall be subject to Landlordall the terms and conditions of the Lease, including without limitation the provisions of the Lease relating to the maintenance of insurance, but excluding the provisions of the Lease relating to the payment of rent. Tenant’s consent, which entry shall not be unreasonably withheld. Landlord shall cause Contractor to provide an estimate of any change in the Construction Cost and/or Schedule. Tenant shall have the right to elect whether or not to proceed with the Change Order within five (5) business days after receipt of such estimate. Upon such approval mean entry by Tenant, its officers, contractors, licensees, agents, servants, employees, guests, invitees, or confirmation by visitors.
3.4.7 Tenant shall indemnify and hold harmless Landlord that the Change Order will not result from and against any and all claims, losses, liabilities, and expenses (including without limitation attorneys’ fees) arising out of or in any change way related to the activities of Tenant’s contractors (and any subcontractors) in cost and/or Schedule, Landlord shall implement the Change Order as part Premises or the on the Property. Without limiting the generality of the foregoing, Tenant Improvements. shall promptly reimburse Landlord upon demand for any extra expense incurred by the Landlord as a result of faulty work done by Tenant acknowledges that the following items may result in changes to the Budget and/or Schedule:
(i) Municipal or other governmental inspectors require changes to the Premises such as code compliance changes. In such eventits contractors, Landlord will notify Tenant of the required changes, but the increased cost of such changes, if any, and any delay associated with such changes shall be the responsibility of Tenant.
(ii) Change Orders approved by Tenant. Any increased costs and delays due to such approved Change Orders shall be the responsibility of Tenant. Any delays caused by such approved Change Orders shall not delay the Commencement Date of the Lease. work, or inadequate clean-up.
3.5 Landlord shall not charge Tenant any administrative oversight fees in respect of any Change Ordersor supervisory fees during the tenant improvement construction period. Tenant shall have five (5) business days to review and approve all Change Orders and any additional review time by Tenant shall be a Tenant Delay.
(iii) If materials are not readily available, require quick ship charges, or require substitution, provided Landlord shall identify any such materials within ten (10) days of final approval of the Plans, and in any such case, Tenant will be given notice and the opportunity to select alternate materials.
(iv) Any Tenant Delay.Jive Software
Appears in 1 contract
Construction of Tenant Improvements. Landlord 4.1 Tenant shall obtain all state and local licenses, permits and approvals (whether governmental or non‑governmental) required to construct the Tenant Improvements and for Tenant's occupancy retain one of the Premises. Landlord shall provide access to following general contractors (the General Contractor “Contractor”) for Construction the construction of the Tenant Improvements Improvements: Hathaway Xxxxxxxxx Construction, Skyline Construction, NOVO, Dome, and Xxxx Xxxxx. Prior to the extent such access requires entry through space occupied by other tenants, Landlord shall provide for such access at its sole cost and expense. The Landlord shall engage, subject to Tenant’s reasonable approval, a general contractor to construct the Tenant Improvements (the “General Contractor”). The General Contractor shall construct and install the Tenant Improvements in accordance entering into any contract with the Plans which expense Contractor, Tenant shall submit such contract to Landlord for its review and consent (not to be deducted from unreasonably withheld) for the sole purpose of confirming that such contract complies with the provisions of the Work Letter.
4.2 Tenant Improvement Allowance. The shall cause the Contractor to agree that: (i) the Tenant Improvements shall be delivered via Associated General Contractors constructed in strict accordance with the Approved Working Drawings; (AGCii) Guaranteed Maximum Price Contract (Tenant and the "Contract") Contractor shall abide by all rules made by Landlord’s Building manager with Liquidated Damages respect to performance of $500.00 per day for each day of delay in achieving in substantial completion beyond the date specified construction in the ContractBuilding, which date shall be no later than October 1including the handling of deliveries, 2010use of elevators, storage of materials, and a payment and performance bond. Any Liquidated Damages (less cost of collection) paid to Landlord shall accrue to the Tenant; provided, however, any paid Liquidated Damages for any Tenant Delay shall accrue to Landlord. The General Contractor shall obtain at least three (3) bids for all major trade work at the Premises. Landlord will work with the General Contractor to complete the Tenant Improvements by the Commencement Date. All contracts with vendors and subcontractors for construction of the Tenant Improvements will be negotiated by the General Contractor. All work performed other matter in connection with the construction of the Premises Tenant Improvements; and (iii) all reasonable safety precautions must be taken throughout construction.
4.3 Throughout the course of the Tenant Improvement Work, Tenant and its Contractor shall maintain such insurance coverage as is commercially standard for such construction work.
4.4 Tenant or its Contractor must obtain all applicable building permits and approvals for the construction of Tenant Improvements, and such Tenant Improvements must be performed in a good and workmanlike manner, constructed in accordance with all Applicable Laws Laws, including ADA and Title 24.
4.5 With regards to any work to be performed on the final approved Plans. If materials Building Systems and subsystems, Tenant and its Contractor shall use those subcontractors that regularly maintain and manage such systems, and such work will include design, components, distribution, and installation to meet Landlord’s specifications for the operations of the Building; any such subsequent contractors with whom Tenant or Contractor are not readily available, require quick ship chargesrequired to contract will charge commercially reasonable rates for the services involved, or require substitution, the Tenant will be given notice and the opportunity to select alternate materials. Landlord shall insure that the Architect conducts a periodic review (a minimum of once every two weeks) of the progress of construction to ensure compliance with the Plans. Tenant may from time to time request in writing changes to the Plans (a “Change Order”), subject to Landlord’s consent, which shall not be unreasonably withheld. Landlord shall cause Contractor to provide an estimate of any change in the Construction Cost and/or Schedule. Tenant shall have the right to elect whether propose reasonably acceptable substitute contractors or sub-contractors to perform such work, subject to Landlord’s prior written consent, not to proceed with be unreasonably withheld, conditioned or delayed.
4.6 At the Change Order within five (5) business days after receipt conclusion of such estimate. Upon such approval by Tenantconstruction, or confirmation by Landlord that the Change Order will not result in any change in cost and/or Schedule, Landlord shall implement the Change Order as part of the Tenant Improvements. Tenant acknowledges that the following items may result in changes to the Budget and/or Schedule:
(i) Municipal or other governmental inspectors require Tenant shall cause the Architect and Contractor (A) to update the Approved Working Drawings as necessary to reflect all changes made to the Premises such as code compliance changes. In such eventApproved Working Drawings during the course of construction, (B) to certify to the best of their knowledge that the “record-set” of as-built drawings are true and correct, which certification shall survive the expiration or termination of this Lease, and (C) to deliver to Landlord will notify Tenant two (2) sets of the required changes, but the increased cost copies of such changes, if anyrecord set of drawings within ninety (90) days following issuance of a certificate of occupancy, and any delay associated with such changes shall be the responsibility of Tenant.
(ii) Change Orders approved by Tenant. Any increased costs and delays due to such approved Change Orders shall be the responsibility of Tenant. Any delays caused by such approved Change Orders shall not delay the Commencement Date of the Lease. Landlord shall not charge Tenant any administrative fees in respect of any Change Orders. Tenant shall have five (5) business days deliver to review and approve Landlord a copy of all Change Orders and any additional review time by Tenant shall be a Tenant Delay.
(iii) If materials are not readily availablewarranties, require quick ship charges, or require substitution, provided Landlord shall identify any such materials within ten (10) days of final approval of the Plansguaranties, and in any such caseoperating manuals and information relating to the improvements, Tenant will be given notice equipment, and the opportunity to select alternate materialssystems.
(iv) Any Tenant Delay.
Appears in 1 contract
Samples: Lease Agreement (Zuora Inc)
Construction of Tenant Improvements. Landlord Tenant shall obtain all state and local licenses, permits and approvals (whether governmental or non‑governmental) required to construct the Tenant Improvements in substantial conformity with the plans and for Tenantoutline specifications to be prepared by Tenant and approved in advance by Landlord, which approval shall not be unreasonably withheld or delayed. In constructing the Tenant Improvements, Tenant shall comply with the following provisions:
(a) The Tenant Improvements shall be performed by responsible contractors and subcontractors who shall not prejudice Landlord's occupancy of relationship with Landlord's contractors or subcontractors or the Premises. relationship between such contractors and their subcontractors or employees, or disturb harmonious labor relations, and who shall furnish in advance and maintain in effect workmen's compensation insurance in accordance with statutory requirements and comprehensive public liability insurance (naming Landlord shall provide access and Landlord's contractors and subcontractors as additional insureds) with limits satisfactory to Landlord;
(b) If the General Contractor for Construction aggregate cost of the Tenant Improvements and is equal to the extent such access requires entry through space occupied by other tenants, Landlord shall provide for such access at its sole cost and expense. The Landlord shall engage, subject or in excess of one hundred fifty thousand dollars ($150,000) then prior to Tenant’s reasonable approval, a general contractor to construct commencing the Tenant Improvements Improvements, Tenant must provide executed, effective waivers of mechanics liens from all contractors and all sub-contractors. In the event Tenant fails to provide executed and effective waivers, or if such waivers are not applicable under state law, Tenant must bond all such Tenant's Work prior to commencement;
(c) No such work shall be performed in such manner or at such times as to cause any delay in connection with any work being done by any of the “General Contractor”). The General Contractor shall construct and install Landlord's contractors or subcontractors in the Leased Premises or in the Building generally;
(d) All construction contracts for Tenant Improvements must include a provision holding the Landlord harmless from and against any and all claims arising from, under or in accordance connection with the Plans which expense such construction; and
(e) Tenant and its contractors and subcontractors shall be deducted from solely responsible for the Tenant Improvement Allowancetransportation, safekeeping and storage of materials and equipment used in the performance of such work, for the removal of waste and debris resulting therefrom, and for any damage caused by them to any installations or work performed by Landlord's contractors and subcontractors. The Tenant Improvements shall be delivered via Associated General Contractors (AGC) Guaranteed Maximum Price Contract (the "Contract") with Liquidated Damages of $500.00 per day for each day of delay in achieving in substantial completion beyond the date specified in the Contract, which date shall deemed to be no later than October 1, 2010, and a payment and performance bond. Any Liquidated Damages (less cost of collection) paid to Landlord shall accrue to the Tenant; provided, however, any paid Liquidated Damages for any Tenant Delay shall accrue to Landlord. The General Contractor shall obtain at least three (3) bids for all major trade work at the Premises. Landlord will work with the General Contractor to complete the Tenant Improvements by the Commencement Date. All contracts with vendors and subcontractors for construction of the Tenant Improvements will be negotiated by the General Contractor. All work performed in connection with the construction of the Premises shall be performed in a good and workmanlike manner, in accordance with all Applicable Laws and the final approved Plans. If materials are not readily available, require quick ship charges, or require substitution, the Tenant will be given notice and the opportunity to select alternate materials. Landlord shall insure that the Architect conducts a periodic review (a minimum of once every two weeks) of the progress of construction to ensure compliance with the Plans. Tenant may from time to time request in writing changes to the Plans (a “Change Order”), subject to Landlord’s consent, which shall not be unreasonably withheld. Landlord shall cause Contractor to provide an estimate of any change in the Construction Cost and/or Schedule. Tenant shall have the right to elect whether or not to proceed with the Change Order within five (5) business days after receipt of such estimate. Upon such approval by Tenant, or confirmation by Landlord that the Change Order will not result in any change in cost and/or Schedule, Landlord shall implement the Change Order as part of the Tenant Improvements. Tenant acknowledges that the following items may result in changes to the Budget and/or Schedule:
(i) Municipal or other governmental inspectors require changes to the Premises such as code compliance changes. In such event, Landlord will notify Tenant of the required changes, but the increased cost of such changes, if any, and any delay associated with such changes shall be the responsibility of Tenant.
(ii) Change Orders approved by Tenant. Any increased costs and delays due to such approved Change Orders shall be the responsibility of Tenant. Any delays caused by such approved Change Orders shall not delay the Commencement Date alterations under Section 7.03 of the Lease. Landlord shall not charge Tenant any administrative fees in respect EXHIBIT C DEMISING WALL AND RELATED IMPROVEMENTS
1. Construction of any Change Orders. Tenant shall have five (5) business days a demising wall between the Leased Premises and the premises currently leased to review and approve all Change Orders and any additional review time by Tenant shall be a Tenant DelayJDS Uniphase Corporation.
(iii) If materials are not readily available, require quick ship charges, or require substitution, provided Landlord shall identify any such materials within ten (10) days 2. Painting of final approval only the office area of the Plans, and in any such case, Tenant will be given notice and the opportunity to select alternate materials.
(iv) Any Tenant Delay.Leased Premises. EXHIBIT D TENANT OPERATIONS INQUIRY FORM 1. Name of Company/Contact_______________________________________________
Appears in 1 contract
Samples: Lease Agreement (Optium Corp)
Construction of Tenant Improvements. Landlord Landlord, at Landlord’s sole costs and expense, shall obtain all state and local licenses, permits and approvals (whether governmental or non‑governmental) required to construct the provide Tenant Improvements based on the Build out Specification letter submitted by Rxxxxxx Studio and for Tenant's occupancy dated May 7, 2012 with the exception of the Premisescarpet selection which shall be modified to J+J Invision, Problem Solved (6572), 1201 super glue. Tenant’s Improvements shall be constructed and installed in a good and workmanlike manner and all materials used shall be of a quality comparable to those in the Building. Any additional Tenant Improvements beyond the scope of specifications noted in the May 7, 2012 letter and the modification noted in this Section 5 shall be at the sole cost and expense of the Tenant. All Tenant Improvements shall be and remain the property of Landlord upon termination of this Lease; except as set forth in Section 13. To the extent that there are any additional Tenant’s Improvements to be completed by Tenant, such Tenant’s Improvements shall be constructed and installed in a good and workmanlike manner and all materials used shall be of a quality comparable to those in the Building. Tenant shall maintain a safe working environment, including the continuation of all fire and security protection devices, if any, previously installed in the Premises by Landlord. All damages or injury done to the Premises or the Building by Tenant or by any persons who may be in or upon the Premises or the Building with the express or implied consent of Tenant, including but not limited to the cracking or breaking of any glass of windows and doors, shall be paid for by Tenant and Tenant shall pay for all damage to the Building caused by acts or omissions of Tenant or Tenant’s officers, contractors, subcontractors, agents, invitees, licensees, employees, successors or assigns. Landlord’s consent to or oversight of any work by Tenant, shall not be deemed a warranty as to the adequacy of the design, workmanship or quality of materials, and Landlord hereby expressly disclaims any responsibility or liability for the same, except with respect to Landlord’s intentional misconduct. Landlord shall provide access under no circumstances have any obligation to repair, maintain or replace any portion of any Tenant Improvements. Tenant has previously submitted the General Contractor Plans and Specifications for Construction of the Tenant Improvements and to the extent such access requires entry through space occupied by other tenants, Landlord shall provide for such access at its sole cost and expense. The Landlord shall engage, subject to Tenant’s reasonable approval, a general contractor to construct the Tenant Improvements (the “General ContractorPlans”)) to Landlord which are approved by Landlord. The General Contractor shall construct and install Tenant will promptly notify Landlord of any changes to the Tenant Improvements Final Plans that are required by the City of Seattle, in accordance connection with any required permit approval, the Plans which expense costs of any such change shall be deducted from the Tenant Improvement Allowance. The Tenant Improvements shall be delivered via Associated General Contractors (AGC) Guaranteed Maximum Price Contract (the "Contract") with Liquidated Damages sole responsibility of $500.00 per day for each day of delay in achieving in substantial completion beyond the date specified in the Contract, which date shall be no later than October 1, 2010, and a payment and performance bond. Any Liquidated Damages (less cost of collection) paid to Landlord shall accrue to the Tenant; provided, however, any paid Liquidated Damages for any Tenant Delay shall accrue to Landlord. The General Contractor shall obtain at least three (3) bids for all major trade work at the Premises. Landlord will work with approve or reasonably disapprove the General Contractor to complete required changes in writing within five days after receiving notice of the Tenant Improvements same. If Landlord reasonably disapproves the changes required by the Commencement Date. All contracts with vendors City of Seattle, Landlord and subcontractors for construction of the Tenant Improvements will be negotiated by the General Contractor. All work performed in connection with the construction of the Premises shall be performed in a good and workmanlike manner, in accordance with all Applicable Laws and the final approved Plans. If materials are not readily available, require quick ship charges, or require substitution, the Tenant will be given notice and the opportunity cooperate to select alternate materials. Landlord shall insure that the Architect conducts a periodic review (a minimum of once every two weeks) of the progress of construction to ensure compliance with the Plans. Tenant may from time to time request in writing develop changes to the Final Plans (a “Change Order”), subject to Landlord’s consent, which shall not be unreasonably withheld. that are approved by both Landlord shall cause Contractor to provide an estimate and the City of any change in the Construction Cost and/or ScheduleSeattle. Tenant shall have the right to elect whether or not to proceed with the Change Order within five (5) business days after receipt of such estimate. Upon such approval by Tenant, or confirmation by Landlord that the Change Order will not result in any change in cost and/or Schedule, Landlord shall implement the Change Order as part of the Tenant Improvements. Tenant acknowledges that the following items may result in changes to the Budget and/or Schedule:
(i) Municipal or other governmental inspectors require changes to access the Premises such as code compliance changes. In such event, Landlord will notify Tenant of the required changes, but the increased cost of such changes, if any, and any delay associated with such changes shall be the responsibility of Tenant.
two (ii2) Change Orders approved by Tenant. Any increased costs and delays due weeks prior to such approved Change Orders shall be the responsibility of Tenant. Any delays caused by such approved Change Orders shall not delay the Commencement Date in order to install Tenant’s furniture, fixtures and equipment subject to the substantial completion of the Lease. Landlord shall not charge Tenant any administrative fees in respect Improvements and must comply with and observe all terms and conditions of any Change Orders. Tenant shall have five (5) business days to review and approve all Change Orders this Lease and any additional review time site rules imposed by Tenant shall be a Tenant DelayLandlord’s contractor.
(iii) If materials are not readily available, require quick ship charges, or require substitution, provided Landlord shall identify any such materials within ten (10) days of final approval of the Plans, and in any such case, Tenant will be given notice and the opportunity to select alternate materials.
(iv) Any Tenant Delay.
Appears in 1 contract
Samples: Assignment and Assumption of Lease (Atossa Genetics Inc)
Construction of Tenant Improvements. Landlord shall obtain all state a. After the Final Agreed Plans have been prepared and local licensesapproved, permits the final Cost of Tenant Improvements has been approved by Xxxxxx and approvals (whether governmental or non‑governmental) required to construct Customer and a building permit for the Tenant Improvements and for Tenant's occupancy of has been issued, Xxxxxx shall enter into the Premises. Landlord shall provide access to Construction Contract with a guaranteed maximum price with the General Contractor for Construction the installation of the Tenant Improvements and to the extent such access requires entry through space occupied by other tenants, Landlord shall provide for such access at its sole cost and expense. The Landlord shall engage, subject to Tenant’s reasonable approval, a general contractor to construct the Tenant Improvements (the “General Contractor”). The General Contractor shall construct and install the Tenant Improvements in accordance with the Plans which expense Final Agreed Plans. Xxxxxx’x Construction Contract shall be deducted from require the Tenant Improvement Allowance. The Tenant Improvements shall be delivered via Associated General Contractors (AGC) Guaranteed Maximum Price Contract (the "Contract") with Liquidated Damages of $500.00 per day for each day of delay in achieving in substantial completion beyond the date specified in the Contract, which date shall be no later than October 1, 2010, and a payment and performance bond. Any Liquidated Damages (less cost of collection) paid to Landlord shall accrue to the Tenant; provided, however, any paid Liquidated Damages for any Tenant Delay shall accrue to Landlord. The General Contractor shall obtain at least three (3) bids for all major trade work at the Premises. Landlord will work with the General Contractor to complete construct the Tenant Improvements by the Commencement Date. All contracts with vendors and subcontractors for construction of the Tenant Improvements will be negotiated by the General Contractor. All work performed in connection with the construction of the Premises shall be performed in a good and workmanlike manner, manner and in accordance compliance with all Applicable Laws applicable laws. Xxxxxx shall supervise the completion of such work and the final approved Plans. If materials are not readily available, require quick ship charges, or require substitution, the Tenant will be given notice and the opportunity shall use its best efforts to select alternate materials. Landlord shall insure that the Architect conducts a periodic review secure Substantial Completion (a minimum of once every two weeksas defined below) of the progress work as soon as reasonably practicable. The cost of construction to ensure compliance with the Planssuch work shall be paid as provided in Section 3 hereof. Tenant may from time to time request Xxxxxx shall not be liable for any direct or indirect damages as a result of delays in writing construction. Xxxxxx shall not authorize any change orders, changes to the Final Agreed Plans or increases in cost without Customer’s prior written (a “Change Order”)or oral as allowed by Section 2d above) approval which, subject to Landlord’s consentif the change is necessitated by the requirements of any governmental agency, which shall not be unreasonably withheld. Landlord withheld or conditioned, but otherwise shall cause Contractor to be within Customer’s full and complete discretion.
b. The Construction Contract shall provide an estimate of any change in the Construction Cost and/or Schedule. Tenant shall have the right to elect whether or not to proceed with the Change Order within five (5) business days after receipt of such estimate. Upon such approval by Tenant, or confirmation by Landlord that the Change Order will not result in any change in cost and/or Schedule, Landlord shall implement the Change Order as part all of the Tenant Improvements. Tenant acknowledges that the following items may result in changes Improvement work shall be carried out with good workmanship and with new materials, which shall all be of a high quality and conforming to the Budget and/or Schedule:
(i) Municipal or other governmental inspectors require changes to the Premises such as code compliance changes. In such eventworkmanlike standards of practice, Landlord will notify Tenant and shall not be in contravention of the required changeslaws, but codes or regulations of the increased cost City of such changes, if any, and Seattle or any delay associated with such changes shall be the responsibility of Tenantother authority having jurisdiction.
x. Xxxxxx shall cause the Contractor to use reasonable efforts to complete all punch list items within thirty (ii30) Change Orders approved by Tenant. Any increased costs and delays due to such approved Change Orders shall be the responsibility of Tenant. Any delays caused by such approved Change Orders shall not delay the Commencement Date days after creation of the Leasepunch list.
x. Xxxxxx guarantees the Tenant Improvements against defective workmanship and materials, latent or otherwise, or contravention of the laws, codes or regulations of the City of Seattle or any other authority having jurisdiction, for a period of one (1) year (“Warranty Period”) after Substantial Completion. Landlord On the expiration of the Warranty Period, Xxxxxx will deliver to Customer originals of all continuing guaranties and warranties issued or made in connection with performance of the Tenant Improvements and shall not charge Tenant any administrative fees assign to Customer Xxxxxx’x interest in respect those guaranties and warranties. From and after the Warranty Period, Xxxxxx will cooperate with Customer in efforts to enforce all construction warranties for the benefit of any Change Orders. Tenant Customer.
e. During the construction process, Xxxxxx, Customer and Contractor shall have five (5) business days meet at least once per week at the job site to review construction progress and approve all Change Orders and any additional review time by other matters as may be appropriate in connection with the Tenant shall be a Tenant DelayImprovements.
(iii) If materials are not readily available, require quick ship charges, or require substitution, provided Landlord shall identify any such materials within ten (10) days of final approval of the Plans, and in any such case, Tenant will be given notice and the opportunity to select alternate materials.
(iv) Any Tenant Delay.
Appears in 1 contract
Construction of Tenant Improvements. Landlord shall shall, via the General Contractor, obtain all state and local licenses, permits and approvals (whether governmental or non‑governmentalnon-governmental) required to construct the Tenant Improvements and for Tenant's ’s occupancy of the PremisesExpansion Space. Landlord shall provide access to the General Contractor for Construction of the Tenant Improvements and to the extent such access requires entry through space occupied by other tenants, Landlord shall provide for such access at its sole cost and expense. The Landlord shall engage, subject to Tenant’s reasonable approval, a general contractor to construct the Tenant Improvements (the “General Contractor”). The General Contractor shall construct and install the Tenant Improvements in accordance with the Plans which expense shall be deducted from the Tenant Improvement Upfit Allowance. The Tenant Improvements shall be delivered via Associated General Contractors (AGC) Guaranteed Maximum Price Contract (the "“Contract"”) with Liquidated Damages of $500.00 per day for each day of delay in achieving in substantial completion beyond the date specified in the Contract, which date shall be no later than October 1, 2010day, and a payment and performance bond. Any Liquidated Damages (less cost of collection) paid to Landlord shall accrue to the Tenant; provided, however, any paid Liquidated Damages for any Tenant Delay shall accrue to Landlord. The General Contractor shall obtain at least three (3) bids for all major trade work at the PremisesExpansion Space. Landlord will work with the General Contractor to complete the Tenant Improvements by the Commencement Date. All contracts with vendors and subcontractors for construction of the Tenant Improvements will be negotiated by the General Contractor. All work performed in connection with the construction of the Premises Expansion Space shall be performed in a good and workmanlike manner, in accordance with all Applicable Laws and the final approved Plans. If materials are not readily available, require quick ship charges, or require substitution, the Tenant will be given notice and the opportunity to select alternate materials. Landlord shall insure that the Architect conducts a periodic review (a minimum of once every two weeks) of the progress of construction to ensure compliance with the Plans. Tenant may from time to time request in writing changes to the Plans (a “Change Order”), subject to Landlord’s consent, which shall not be unreasonably withheld. Landlord shall cause Contractor to provide an estimate of any change in the Construction Cost and/or Schedule. Tenant shall have the right to elect whether or not to proceed with the Change Order within five (5) business days after receipt of such estimate. Upon such approval by Tenant, or confirmation by Landlord that the Change Order will not result in any change in cost and/or Schedule, Landlord shall implement the Change Order as part of the Tenant Improvements. Landlord acknowledges that Tenant may hire the General Contractor and/or any subcontractors to perform other work items (in accordance with the terms and conditions of the Lease) within the original Premises concurrently with the Tenant Improvements, provided such work does not require changes to the Schedule. Tenant acknowledges that the following items may result in changes to the Budget and/or Schedule:
(i) Municipal or other governmental inspectors require changes to the Premises Expansion Space such as code compliance changes. In such event, Landlord will notify Tenant of the required changes, but the increased cost of such changes, if any, and any delay associated with such changes shall be the responsibility of Tenant.
(ii) Change Orders approved by Tenant. Any increased costs and delays due to such approved Change Orders shall be the responsibility of Tenant. Any delays caused by such approved Change Orders shall not delay the Commencement Date of the Lease. Landlord shall not charge Tenant any administrative fees in respect of any Change Orders. Tenant shall have five (5) business days to review and approve all Change Orders and any additional review time by Tenant shall be a Tenant Delay.
(iii) If materials are not readily available, require quick ship charges, or require substitution, provided Landlord shall identify any such materials within ten (10) days of final approval of the Plans, and in any such case, Tenant will be given notice and the opportunity to select alternate materials.
(iv) Any Tenant Delay.
Appears in 1 contract
Construction of Tenant Improvements. Landlord a. Upon the full execution of the Lease and the approval by both parties of the Final Plans, Tenant shall obtain all state and local licenses, permits and approvals (whether governmental or non‑governmental) required proceed to construct the Tenant Improvements and for Tenant's occupancy of the Premises. Landlord shall provide access to the General Contractor for Construction of the Tenant Improvements and to the extent such access requires entry through space occupied by other tenants, Landlord shall provide for such access at its sole cost and expense. The Landlord shall engage, subject to Tenant’s reasonable approval, a general contractor to construct the Tenant Improvements (the “General Contractor”). The General Contractor shall construct and install the Tenant Improvements in accordance with the Final Plans, the Lease and all applicable Laws. All work and materials required under the Final Plans which expense shall be deducted from equal to, or of a quality superior to, Building Standard.
b. Tenant shall engage the Tenant Improvement Allowance. The Tenant Improvements shall be delivered via Associated General Contractors (AGC) Guaranteed Maximum Price Contract (Contractor for the "Contract") with Liquidated Damages of $500.00 per day for each day of delay in achieving in substantial completion beyond the date specified in the Contract, which date shall be no later than October 1, 2010, and a payment and performance bond. Any Liquidated Damages (less cost of collection) paid to Landlord shall accrue to the Tenant; provided, however, any paid Liquidated Damages for any Tenant Delay shall accrue to Landlord. The General Contractor shall obtain at least three (3) bids for all major trade work at the Premises. Landlord will work with the General Contractor to complete the Tenant Improvements by the Commencement Date. All contracts with vendors and subcontractors for construction of the Tenant Improvements will in accordance with Section 4 of this Work Letter. Unless otherwise agreed in writing by Xxxxxxxx and Tenant, all work involved in the construction and installation of the Tenant Improvements shall be negotiated carried out by Contractor under a direct contract with Tenant.
c. All contractors engaged by Xxxxxx shall be required to comply with the General Construction Rules and Regulations for the Building, a copy of which is attached as Schedule 1 to this Work Letter.
d. The Contractor. All , and all contractors performing any work performed in connection with the construction of the Premises Tenant Improvements, shall be performed required to provide evidence of insurance naming as additional insureds Landlord, and all other entities required to be named as additional insureds under the insurance policies Tenant is required to maintain under Section 20 of the Lease, and which satisfies the requirements of the Lease and this Work Letter relating to the construction of the Tenant Improvements.
e. Under no circumstances will Tenant or Tenant’s authorized representatives alter or modify, or in a good any manner disturb, any Building System, except as shown on and workmanlike manner, in accordance strict compliance with all Applicable Laws and the final approved Final Plans. If materials are not readily availableOnly with Landlord’s prior written consent (which may be withheld in Landlord’s discretion) and under direct supervision of Landlord shall Tenant or Tenant’s authorized representative alter, require quick ship chargesadd to or modify, or require substitutionin any manner disturb any branch system or installation of the Building which is located within the Premises (for the purposes of this Section “branch” shall be defined as that portion of any Building System or component of a Building System which serves to connect or extend Building Systems into the Premises).
f. Notwithstanding anything to the contrary set forth herein, Tenant hereby waives all claims against Landlord for damage to any property or injury to, or death of any person in, on or about the Premises or the Building arising out of or in any way related to the construction of the Tenant Improvements in the Premises by Contractor, unless solely caused by, or solely resulting from, the gross negligence or willful misconduct of Landlord, its employees, agents, contractors or representatives, and then only if such damage, injury, death or loss is not covered by insurance of the type required to be carried by Tenant will or the Contractor hereunder. Tenant shall, and hereby does agree to, indemnify and hold Landlord harmless from and against any and all claims, causes of action, damages, costs and expenses arising out of the construction of the Tenant Improvements, including, but without limitation, personal injury or property damage, the imposition of any lien against the Premises or the Building and matters arising out of the failure of the Tenant Improvements to comply with applicable Laws. Any claim made by Tenant against Landlord whether under this Work Letter, the Lease or otherwise, shall be given notice subject to the limitation of liability provisions of the Lease.
g. Landlord shall have the right at any time and from time to time to inspect the opportunity to select alternate materialsPremises during the Construction Period. Landlord shall insure that have the Architect conducts a periodic right to review (a minimum and inspect the construction of once every two weeks) of the progress of construction Tenant Improvements by Tenant to ensure compliance with the Plans. Tenant may from time to time request in writing changes to the Plans (a “Change Order”), subject to Landlord’s consent, which shall not be unreasonably withheld. Landlord shall cause Contractor to provide an estimate of any change in the Construction Cost and/or Schedule. Tenant shall have the right to elect whether or not to proceed with the Change Order within five (5) business days after receipt of such estimate. Upon such approval by Tenant, or confirmation by Landlord that the Change Order will not result in any change in cost and/or Schedule, Landlord shall implement the Change Order as part of the Tenant Improvements. Tenant acknowledges that the following items may result in changes to the Budget and/or Schedule:
(i) Municipal or other governmental inspectors require changes to the Premises such as code compliance changes. In such event, Landlord will notify Tenant of the required changes, but the increased cost of such changes, if any, and any delay associated with such changes shall be the responsibility of Tenant.
(ii) Change Orders approved by Tenant. Any increased costs and delays due to such approved Change Orders shall be the responsibility of Tenant. Any delays caused by such approved Change Orders shall not delay the Commencement Date of the Lease. Landlord shall not charge Tenant any administrative fees in respect of any Change Orders. Tenant shall have five (5) business days to review and approve all Change Orders and any additional review time by Tenant shall be a Tenant Delay.
(iii) If materials are not readily available, require quick ship charges, or require substitution, provided Landlord shall identify any such materials within ten (10) days of final approval of the Final Plans, and in any such casethe event that Landlord gives notice to Tenant of non-compliance with the Final Plans, Tenant will be given notice shall promptly undertake to correct such deficiencies in order to bring the construction of the Tenant Improvements into compliance with the Final Plans and the opportunity to select alternate materialsall applicable Laws.
(iv) Any Tenant Delay.
Appears in 1 contract
Construction of Tenant Improvements. (a) Tenant intends to design, construct and install all leasehold improvements to the Premises (collectively, the "Tenant Improvements") generally in accordance with Exhibit C and Exhibit C-1 attached hereto and made a part hereof, which are hereby consented to by the Landlord. Tenant shall provide the Landlord shall obtain with copies of all state and local licenses, construction plans submitted for applicable permits and approvals the final plans and permits secured from the appropriate municipalities and utilities.
(whether governmental or non‑governmentalb) required to construct the Tenant Improvements and for Tenant's occupancy of the Premises. Landlord shall provide access to the General Contractor for Construction of the Tenant Improvements and to the extent such access requires entry through space occupied by other tenants, Landlord shall provide for such access at its sole cost and expense. The Landlord shall engage, subject to Tenant’s reasonable approval, utilize a general contractor to construct the Tenant Improvements (the “General Contractor”). The General Contractor shall construct and install the Tenant Improvements in accordance with the Plans which expense shall be deducted from the Tenant Improvement Allowance. The Tenant Improvements shall be delivered via Associated General Contractors (AGC) Guaranteed Maximum Price Contract (the "Contract") with Liquidated Damages of $500.00 per day for each day of delay in achieving in substantial completion beyond the date specified in the Contract, which date shall be no later than October 1, 2010, and a payment and performance bond. Any Liquidated Damages (less cost of collection) paid to Landlord shall accrue to the Tenant; provided, however, any paid Liquidated Damages for any Tenant Delay shall accrue to Landlord. The General Contractor shall obtain at least three (3) bids for all major trade work at the Premises. Landlord will work with the General Contractor to complete the Tenant Improvements by the Commencement Date. All contracts with vendors and subcontractors its choice for construction of the Tenant Improvements will and the selection of such contractor shall be negotiated subject to the terms of subsection (d) hereafter. Tenant shall provide all contractors performing Tenant Improvements with a copy of Landlord's Contractor Rules and Regulations attached as Exhibit C-2 ("Contractor Guidelines"). In the event of a conflict between the Contractor Guidelines and the provisions of this Lease, the provisions of the Contractor Guidelines shall govern and control. Tenant shall be responsible for causing Tenant's contractors to comply with the Contractor Guidelines, and shall cause such Contractor Guidelines to be incorporated as part of the construction contract with the Contractor engaged by the General Contractortenant. All work performed in connection with the construction of the Premises Tenant shall be performed in a good and workmanlike manner, solely responsible for ensuring that the Tenant Improvements are completed in accordance with all Applicable Laws applicable codes and the final approved Plans. If materials are not readily available, require quick ship charges, or require substitution, for all construction and occupancy permits related to the Tenant will Improvements.
(c) All Tenant Improvements shall be given notice completed at Tenant’s sole cost and the opportunity to select alternate materials. Landlord shall insure that the Architect conducts a periodic review (a minimum of once every two weeks) of the progress of construction to ensure compliance with the Plans. Tenant may from time to time request in writing changes to the Plans (a “Change Order”)expense, subject to payment of the Tenant Improvement Allowance pursuant to Section 1.01(j), which Tenant Reimbursement Allowance shall be reimbursed by the Landlord to the Tenant on a monthly basis as provided in this Lease. Landlord's obligation to make each payment of the Tenant Improvement Allowance to Tenant shall be contingent upon: (i) Tenant providing evidence that all invoices related to the portion of the Tenant Improvement reimbursement being requested have been paid in full and (ii) Landlord's receipt of copies of executed lien waivers from all contractors engaged by the Tenant who have a right to file a mechanic’s lien again the Premises and whose contract exceeds $25,000.00 evidencing that said contractors have been paid in full for completed work to date for which reimbursement from Landlord to Tenant is being requested and lien releases for the disbursements being requested. Provided that (i) Tenant is not in default of the terms of this Lease beyond applicable cure periods and (ii) Tenant has delivered the items required in Section 2.02(c) to Landlord, following the Rent Commencement Date and Landlord’s consentreceipt of Tenant’s payment of the first month’s Rent, which Tenant may request that Landlord pay any remaining balance of the Tenant Improvement Allowance to Tenant. Payment of installments of the Tenant Improvement Allowance shall be made within thirty (30) days of Tenant’s request and provision of the required documents. To the extent that Landlord does not be unreasonably withheld. Landlord shall cause Contractor pay the Tenant Improvement Allowance to provide an estimate the Tenant as provided herein, and provided that Tenant is not in default of any change in the Construction Cost and/or Schedule. terms of this Lease beyond applicable cure periods and Tenant has provided the executed lien waivers required by this Section 2.02(c), the Tenant shall have the right to elect whether offset the Tenant Improvement Allowance, or such applicable portion thereof as has not been paid by the Landlord as provided herein, against the next payments of Rent coming due. Provided, however, if the Landlord disputes in good faith that the Tenant Improvement Allowance requested by the Tenant is not properly due because Tenant is in default of the terms of this Lease beyond applicable cure periods or has failed to proceed with provide the Change Order executed lien waivers required by this Section 2.02(c), the Landlord shall provide the Tenant within five (5) business days after of the receipt of such estimatethe request for the disbursement of the Tenant Improvement Allowance of its reasons therefore. If the parties are not able to resolve the dispute within fifteen (15) days from the date of Tenant’s request for the reimbursement with all required supporting documents, then the matter shall be submitted to resolution in accordance with the provisions of Section 16.16 hereof. Upon such approval by Tenant, or confirmation by Landlord that the Change Order will not result in any change in cost and/or Schedule, Landlord shall implement the Change Order as part completion of the Tenant Improvements. , Tenant acknowledges that the following items may result in changes to the Budget and/or Schedule:
will provide Landlord with (i) Municipal a complete list of all subcontractors, vendors and/or material suppliers contracted for the Tenant Improvements and final lien waivers from all such subcontractors, vendors or materials suppliers whose contract amount exceeds $25,000.00 and who has a right to file a mechanic’s lien against the Premises, (ii) Tenant submission to Landlord of as-built drawings documenting the Tenant Improvements, and (iii) a copy of the certificate of occupancy (or other governmental inspectors require changes to the Premises such as code compliance changes. In such event, Landlord will notify Tenant certificates evidencing inspection and acceptance of the required changes, but the increased cost of such changes, if any, and any delay associated with such changes shall be the responsibility of TenantTenant Improvements by appropriate government authorities).
(iid) Change Orders This Section 2.02(d) will be in effect while Landlord’s existing construction loan is outstanding. Except as otherwise approved in writing and in advance by Landlord, the following applies to all construction work at the Building and the Premises that is performed by individuals or contractors retained by Landlord or Tenant. Any increased costs : All construction work, including interior and delays due to such approved Change Orders tenant finish work and the continuing service maintenance contracts on the heating, ventilation, refrigeration, and air conditioning equipment, shall be performed by union contractors or subcontractors which are parties to and bound by a collective bargaining agreement with labor organizations affiliated with the responsibility local union Building and Construction Trades Council and the Area Regional District Council of TenantCarpenters. Any delays caused by such approved Change Orders All contractors and subcontractors shall not delay comply with prevailing craft jurisdictions in the Commencement Date of area. The above language shall be included in each agreement with any contractor, subcontractor and tenant, and each party shall comply with the Leaseforegoing. The Landlord shall not charge provide the Tenant any administrative fees in respect of any Change Orders. Tenant shall have five (5) business days to review and approve all Change Orders and any additional review time upon request by Tenant shall be a Tenant Delaywith confirmation if the aforesaid provision is still in force and effect.
(iii) If materials are not readily available, require quick ship charges, or require substitution, provided Landlord shall identify any such materials within ten (10) days of final approval of the Plans, and in any such case, Tenant will be given notice and the opportunity to select alternate materials.
(iv) Any Tenant Delay.
Appears in 1 contract
Construction of Tenant Improvements. Prior to commencing the construction of the Tenant Improvements, Tenant shall deliver to Landlord (a) evidence of Tenant's insurance reasonably satisfactory to Landlord, which insurance shall obtain be maintained throughout the construction of the Tenant Improvements, and (b) an estimated project schedule. In addition, Tenant shall require its general contractor to carry appropriate insurance, as determined by Tenant, but which shall include, without limitation, Commercial General Liability, Commercial Auto Liability and Worker's Compensation, in amounts necessary to insure the project and the work related thereto against claims for bodily injury or death or property damage. Tenant's contractors of all state tiers shall name Landlord, Landlord's managing agent, and local licensesany mortgagee requested by Landlord as additional insured on all liability policies required pursuant to this paragraph. Throughout the construction of the Tenant Improvements, permits and approvals (whether governmental Tenant shall notify Landlord promptly of any material deviations from such project schedule. Tenant or non‑governmental) required to its contractor shall construct the Tenant Improvements in a good, first-class and for Tenant's occupancy of the Premises. Landlord shall provide access to the General Contractor for Construction of the Tenant Improvements workmanlike manner and to the extent such access requires entry through space occupied by other tenants, Landlord shall provide for such access at its sole cost and expense. The Landlord shall engage, subject to Tenant’s reasonable approval, a general contractor to construct the Tenant Improvements (the “General Contractor”). The General Contractor shall construct and install the Tenant Improvements in accordance with the Plans which expense CD's and Specifications and all applicable governmental regulations. If Tenant shall be deducted from the Tenant Improvement Allowance. The Tenant Improvements shall be delivered via Associated General Contractors (AGC) Guaranteed Maximum Price Contract (the "Contract") with Liquidated Damages of $500.00 per day for each day of delay in achieving in substantial completion beyond the date specified in the Contract, which date shall be no later than October 1, 2010, and a payment and performance bond. Any Liquidated Damages (less cost of collection) paid to Landlord shall accrue to the Tenant; provided, however, any paid Liquidated Damages for any Tenant Delay shall accrue to Landlord. The General Contractor shall obtain at least three (3) bids for all major trade work at the Premises. Landlord will work with the General Contractor fail to complete the Tenant Improvements by the Commencement Date. All contracts with vendors , Tenant's obligation to pay Minimum Annual Rent and subcontractors for construction of Additional Rent hereunder shall nevertheless begin on the Tenant Improvements will be negotiated by the General Contractor. All work performed in connection with the construction of the Premises shall be performed in a good and workmanlike manner, in accordance with all Applicable Laws and the final approved Plans. If materials are not readily available, require quick ship charges, or require substitution, the Tenant will be given notice and the opportunity to select alternate materialsCommencement Date. Landlord shall insure that have the Architect conducts a periodic review (a minimum of once every two weeks) of the progress of construction to ensure compliance with the Plans. Tenant may right, from time to time request in writing changes throughout the construction process, to enter upon the Plans (a “Change Order”), subject Leased Premises to Landlord’s consent, which shall not be unreasonably withheld. Landlord shall cause Contractor to provide an estimate of any change in the Construction Cost and/or Schedule. Tenant shall have the right to elect whether or not to proceed with the Change Order within five (5) business days after receipt of such estimate. Upon such approval by Tenant, or confirmation by Landlord that the Change Order will not result in any change in cost and/or Schedule, Landlord shall implement the Change Order as part perform periodic inspections of the Tenant Improvements, at Landlord's sole cost and expense. Tenant acknowledges that the following items may agrees to respond to and address promptly any reasonable concerns raised by Landlord during or as a result in changes to the Budget and/or Schedule:
(i) Municipal or other governmental inspectors require changes to the Premises such as code compliance changes. In such event, Landlord will notify Tenant of the required changes, but the increased cost of such changes, if any, and any delay associated with such changes shall be the responsibility of Tenantinspections.
(ii) Change Orders approved by Tenant. Any increased costs and delays due to such approved Change Orders shall be the responsibility of Tenant. Any delays caused by such approved Change Orders shall not delay the Commencement Date of the Lease. Landlord shall not charge Tenant any administrative fees in respect of any Change Orders. Tenant shall have five (5) business days to review and approve all Change Orders and any additional review time by Tenant shall be a Tenant Delay.
(iii) If materials are not readily available, require quick ship charges, or require substitution, provided Landlord shall identify any such materials within ten (10) days of final approval of the Plans, and in any such case, Tenant will be given notice and the opportunity to select alternate materials.
(iv) Any Tenant Delay.
Appears in 1 contract
Construction of Tenant Improvements. Prior to commencing the construction of the Tenant Improvements, Tenant shall deliver to Landlord (a) evidence of Tenant's insurance reasonably satisfactory to Landlord, which insurance shall obtain be maintained throughout the construction of the Tenant Improvements, and (b) a project schedule in detail reasonably satisfactory to Landlord. In addition, Tenant shall require its contractor to carry appropriate insurance, as reasonably determined by Landlord, but which shall include, without limitation, Commercial General Liability, Commercial Auto Liability and Worker's Compensation, in amounts necessary to insure the project and the work related thereto against claims for bodily injury or death or property damage. Tenant's contractors of all state tiers shall name Landlord, Landlord's managing agent, and local licensesany mortgagee requested by Landlord as additional insured on all liability policies required pursuant to this paragraph. Throughout the construction of the Tenant Improvements, permits and approvals (whether governmental Tenant shall notify Landlord promptly of any material deviations from such project schedule. Tenant or non‑governmental) required to its contractor shall construct the Tenant Improvements and for Tenant's occupancy of the Premises. Landlord shall provide access to the General Contractor for Construction of the Tenant Improvements and to the extent such access requires entry through space occupied by other tenants, Landlord shall provide for such access at its sole cost and expense. The Landlord shall engage, subject to Tenant’s reasonable approval, a general contractor to construct the Tenant Improvements (the “General Contractor”). The General Contractor shall construct and install the Tenant Improvements in accordance with the Plans which expense shall be deducted from the Tenant Improvement Allowance. The Tenant Improvements shall be delivered via Associated General Contractors (AGC) Guaranteed Maximum Price Contract (the "Contract") with Liquidated Damages of $500.00 per day for each day of delay in achieving in substantial completion beyond the date specified in the Contract, which date shall be no later than October 1, 2010, and a payment and performance bond. Any Liquidated Damages (less cost of collection) paid to Landlord shall accrue to the Tenant; provided, however, any paid Liquidated Damages for any Tenant Delay shall accrue to Landlord. The General Contractor shall obtain at least three (3) bids for all major trade work at the Premises. Landlord will work with the General Contractor to complete the Tenant Improvements by the Commencement Date. All contracts with vendors and subcontractors for construction of the Tenant Improvements will be negotiated by the General Contractor. All work performed in connection with the construction of the Premises shall be performed in a good and workmanlike manner, manner and in accordance with the CDs and all Applicable Laws applicable governmental regulations. Notwithstanding anything contained in this Lease to the contrary, Tenant's obligation to pay Minimum Annual Rent and Additional Rent hereunder shall nevertheless begin on the final approved Plans. If materials are not readily available, require quick ship charges, or require substitution, Commencement Date (subject to the Tenant will be given notice and Abatement set forth in Section 3.05 of the opportunity to select alternate materialsLease). Landlord shall insure that have the Architect conducts a periodic review (a minimum of once every two weeks) of the progress of construction to ensure compliance with the Plans. Tenant may right, from time to time request in writing changes throughout the construction process, to enter upon the Plans (a “Change Order”), subject Leased Premises to Landlord’s consent, which shall not be unreasonably withheld. Landlord shall cause Contractor to provide an estimate of any change in the Construction Cost and/or Schedule. Tenant shall have the right to elect whether or not to proceed with the Change Order within five (5) business days after receipt of such estimate. Upon such approval by Tenant, or confirmation by Landlord that the Change Order will not result in any change in cost and/or Schedule, Landlord shall implement the Change Order as part perform periodic inspections of the Tenant Improvements. Tenant acknowledges that the following items may agrees to respond to and address promptly any reasonable concerns raised by Landlord during or as a result in changes to the Budget and/or Schedule:
(i) Municipal or other governmental inspectors require changes to the Premises such as code compliance changes. In such event, Landlord will notify Tenant of the required changes, but the increased cost of such changes, if any, and any delay associated with such changes shall be the responsibility of Tenantinspections.
(ii) Change Orders approved by Tenant. Any increased costs and delays due to such approved Change Orders shall be the responsibility of Tenant. Any delays caused by such approved Change Orders shall not delay the Commencement Date of the Lease. Landlord shall not charge Tenant any administrative fees in respect of any Change Orders. Tenant shall have five (5) business days to review and approve all Change Orders and any additional review time by Tenant shall be a Tenant Delay.
(iii) If materials are not readily available, require quick ship charges, or require substitution, provided Landlord shall identify any such materials within ten (10) days of final approval of the Plans, and in any such case, Tenant will be given notice and the opportunity to select alternate materials.
(iv) Any Tenant Delay.
Appears in 1 contract
Construction of Tenant Improvements. A. Landlord and Tenant hereby approve Devcon Construction Incorporated as the contractor, which Landlord and Tenant shall obtain all state retain under a mutually acceptable construction contract to be jointly administered by Landlord and local licenses, permits and approvals (whether governmental or non‑governmental) required to construct the Tenant Improvements and for Tenant's occupancy of the Premises. Landlord shall provide access to pay the General Contractor contractor directly for Construction all contractors' invoices in accordance with the construction contract specified herein. Upon Tenant's approval of the Plans including the estimate of the cost of the Tenant Improvements and to Landlord's receipt of payment of any such estimated cost exceeding the extent such access requires entry through space occupied by other tenants, Landlord shall provide for such access at its sole cost and expense. The Landlord shall engage, subject to Tenant’s reasonable approval, a general contractor to construct the Tenant Improvements (the “General Contractor”). The General Contractor shall construct and install the Tenant Improvements in accordance with the Plans which expense shall be deducted from amount of the Tenant Improvement Allowance. The , Landlord and Tenant Improvements shall be delivered via Associated General Contractors (AGC) Guaranteed Maximum Price Contract (the "Contract") with Liquidated Damages of $500.00 per day for each day of delay in achieving in substantial completion beyond the date specified in the Contract, which date shall be no later than October 1, 2010, cause Devcon Construction Incorporated to proceed to secure a building permit and a payment and performance bond. Any Liquidated Damages (less cost of collection) paid to Landlord shall accrue to the Tenant; provided, however, any paid Liquidated Damages for any Tenant Delay shall accrue to Landlord. The General Contractor shall obtain at least three (3) bids for all major trade work at the Premises. Landlord will work with the General Contractor to complete the Tenant Improvements by the Commencement Date. All contracts with vendors and subcontractors for commence construction of the Tenant Improvements will be negotiated by provided that Landlord and Tenant shall cooperate together in executing permit applications and performing other actions reasonably necessary to enable Landlord and Tenant to obtain any required permits or certificates of occupancy; and provided further that the General Contractor. All work performed Building has in connection with Landlord's discretion reached the stage of construction where it is appropriate to commence construction of the Premises Tenant Improvements in the Premises.
B. Without limiting the provisions of Paragraph 35 of the Lease, Landlord shall not be liable for any direct or indirect damages suffered by Tenant as a result of delays in construction beyond Landlord's reasonable control, including, but not limited to, delays due to strikes or unavailability of materials or labor, or delays caused by Tenant (including delays by the Space Planner, the contractor or anyone else performing services on behalf of Landlord or Tenant).
C. If any work is to be performed in a good and workmanlike manner, in accordance with all Applicable Laws and on the final approved Plans. If materials are not readily available, require quick ship charges, Premises solely by Tenant or require substitution, the Tenant will be given notice and the opportunity to select alternate materials. Landlord Tenant's contractor or agents:
(1) Such work shall insure that the Architect conducts a periodic review proceed upon Landlord's written approval (a minimum of once every two weeks) of the progress of construction to ensure compliance with the Plans. Tenant may from time to time request in writing changes to the Plans (a “Change Order”), subject to Landlord’s consent, which consent shall not be unreasonably withheld, delayed or conditioned) of Tenant's contractor, public liability and property damage insurance carried by Tenant's contractor, and detailed plans and specifications for such work, shall be at Tenant's sole cost and expense and shall further be subject to the provisions of Paragraphs 12 and 27 of the Lease.
(2) All work shall be done in conformity with a valid building permit when required, a copy of which shall be furnished to Landlord before such work is commenced, and in any case, all such work shall be performed in accordance with all applicable Regulations. Notwithstanding any failure by Landlord to object to any such work, Landlord shall cause Contractor have no responsibility for Tenant's failure to provide an estimate comply with all applicable Regulations.
(3) If required by Landlord or any lender of any change Landlord, all work by Tenant or Tenant's contractor or agents shall be done with union labor in accordance with all union labor agreements applicable to the Construction Cost and/or Schedule. trades being employed.
(4) All work by Tenant or Tenant's contractor or agents shall have the right to elect whether or not to proceed with the Change Order within five be scheduled through Landlord.
(5) business days after receipt Tenant or Tenant's contractor or agents shall arrange for necessary utility, hoisting and elevator service with Landlord's contractor and shall pay such reasonable charges for such services as may be charged by Tenant's or Landlord's contractor.
(6) Tenant's entry to the Premises for any purpose, including, without limitation, inspection or performance of such estimateTenant construction by Tenant's agents, prior to the date Tenant's obligation to pay rent commences shall be subject to all the terms and conditions of the Lease except the payment of Rent. Upon such approval Tenant's entry shall mean entry by Tenant, its officers, contractors, licensees, agents, servants, employees, guests, invitees, or confirmation by Landlord that the Change Order will not result in any change in cost and/or Schedule, Landlord shall implement the Change Order as part of the Tenant Improvements. Tenant acknowledges that the following items may result in changes to the Budget and/or Schedule:
(i) Municipal or other governmental inspectors require changes to the Premises such as code compliance changes. In such event, Landlord will notify Tenant of the required changes, but the increased cost of such changes, if any, and any delay associated with such changes shall be the responsibility of Tenantvisitors.
(ii7) Change Orders approved Tenant shall promptly reimburse Landlord upon demand for any reasonable expense actually incurred by Tenant. Any increased costs and delays due to such approved Change Orders shall be the responsibility Landlord by reason of Tenant. Any faulty work done by Tenant or its contractors or by reason of any delays caused by such approved Change Orders shall not delay the Commencement Date of the Lease. Landlord shall not charge Tenant any administrative fees in respect of any Change Orders. Tenant shall have five (5) business days to review and approve all Change Orders and any additional review time by Tenant shall be a Tenant Delay.
(iii) If materials are not readily available, require quick ship chargeswork, or require substitution, provided Landlord shall identify any such materials within ten (10) days by reason of final approval of the Plans, and in any such case, Tenant will be given notice and the opportunity to select alternate materialsinadequate clean-up.
(iv) Any Tenant Delay.
Appears in 1 contract
Samples: Sublease Agreement (Mp3 Com Inc)
Construction of Tenant Improvements. Promptly following approval of the Final TI Working Drawings, Landlord shall apply for and use reasonable efforts to obtain all state and local licenses, the necessary permits and approvals to allow construction of Landlord’s TI Work. Upon receipt of such permits and approvals, Landlord shall, at Tenant’s expense (whether governmental or non‑governmental) required to construct the Tenant Improvements and for Tenant's occupancy of the Premises. Landlord shall provide access subject to the General Contractor for Construction application of the Tenant Improvements Improvement Allowance provided in this Workletter, and to the extent such access requires entry through space occupied by other tenants, Landlord shall provide for such access at its sole cost and expense. The Landlord shall engage, subject to Tenant’s reasonable approvalany other applicable provisions of the Lease or of this Workletter expressly making any specific item of expense or cost the responsibility of Landlord), a general contractor to construct the Tenant Improvements (the “General Contractor”). The General Contractor shall diligently construct and install the Tenant Improvements complete Landlord’s TI Work substantially in accordance with the Plans which expense shall be deducted from the Approved TI Plans, subject to Unavoidable Delays and Tenant Improvement AllowanceDelays (if any). The Tenant Improvements shall be delivered via Associated General Contractors (AGC) Guaranteed Maximum Price Contract (the "Contract") with Liquidated Damages of $500.00 per day for each day of delay in achieving in substantial completion beyond the date specified in the Contract, which date shall be no later than October 1, 2010, and a payment and performance bond. Any Liquidated Damages (less cost of collection) paid to Landlord shall accrue to the Tenant; provided, however, any paid Liquidated Damages for any Tenant Delay shall accrue to Landlord. The General Contractor shall obtain at least three (3) bids for all major trade work at the Premises. Landlord will work with the General Contractor to complete the Tenant Improvements by the Commencement Date. All contracts with vendors and subcontractors for Such construction of the Tenant Improvements will be negotiated by the General Contractor. All work performed in connection with the construction of the Premises shall be performed in a good and workmanlike mannermanner and shall conform to all applicable governmental codes, laws and regulations in accordance with all Applicable Laws and force at the final approved Planstime such work is completed. If materials are not readily available, require quick ship charges, or require substitution, Without limiting the Tenant will be given notice and generality of the opportunity to select alternate materialsforegoing. Landlord shall insure that be responsible for compliance of Landlord’s TI Work with the Architect conducts a periodic review (a minimum of once every two weeks) requirements of the progress Americans with Disabilities Act and all similar or related requirements pertaining to access by persons with disabilities, but nothing in this sentence shall be construed to make Landlord responsible for bearing the cost of construction to ensure compliance with the Plans. Tenant may from time to time request in writing changes any such compliance, to the Plans (a “Change Order”), subject extent the compliance work is reasonably attributable to Landlordor related to the particular nature or design of the Tenant Improvements or is for any other reason expressly made Tenant’s consent, which shall not be unreasonably withheldcost or responsibility under any applicable provision of the Lease or of this Workletter. Landlord shall cause have the right, in its sole discretion, to decide whether and to what extent to use union labor on or in connection with Landlord’s Work, and shall use the TI General Contractor to provide an estimate construct all of any change in the Construction Cost and/or Schedule. Landlord’s TI Work, Landlord and Tenant shall each have the a right to elect whether or not to proceed approve all subcontractors engaged in connection with the Change Order within five (5) business days after receipt of such estimate. Upon such approval by Tenant, or confirmation by Landlord that the Change Order will not result in any change in cost and/or Schedule, Landlord shall implement the Change Order as part construction of the Tenant Improvements. Tenant acknowledges that the following items may result in changes to the Budget and/or Schedule:
(i) Municipal or other governmental inspectors require changes to the Premises such as code compliance changes. In such event, Landlord will notify Tenant of the required changes, but the increased cost of such changes, if any, Improvements and any delay associated with such changes shall be the responsibility of Tenant.
(ii) Change Orders approved by Tenant. Any increased costs and delays due to such approved Change Orders shall be the responsibility of Tenant. Any delays caused by such approved Change Orders shall not delay the Commencement Date of the Lease. Landlord shall not charge Tenant any administrative fees in respect of any Change Orders. Tenant shall have five (5) business days to review and approve all Change Orders and competitive bids for any additional review time by Tenant shall be a Tenant Delay.
(iii) If materials are not readily available, require quick ship charges, or require substitution, provided Landlord shall identify any such materials within ten (10) days of final approval elements of the PlansTenant Improvements, and such approval in any such caseeach instance not to be unreasonably withheld, Tenant will be given notice and the opportunity to select alternate materialsconditioned or delayed by either party.
(iv) Any Tenant Delay.
Appears in 1 contract
Construction of Tenant Improvements. Landlord A. Tenant shall obtain be responsible for obtaining all state governmental approvals to the full extent necessary for the construction and local licenses, permits and approvals (whether governmental or non‑governmental) required to construct installation of the Tenant Improvements and for Tenant's occupancy of the Premises, in compliance with all applicable Regulations. Landlord Tenant shall provide access employ Xxxxxxx Construction, or another Contractor that is reasonably acceptable to the General Contractor for Construction of the Tenant Improvements and to the extent such access requires entry through space occupied by other tenantsLandlord, Landlord shall provide for such access at its sole cost and expense. The Landlord shall engage, subject to Tenant’s reasonable approval, a general contractor to construct the Tenant Improvements (in conformance with the “General Contractor”)approved Plans. The General Contractor shall construct and install the Tenant Improvements in accordance with the Plans which expense contractor shall be deducted from duly licensed.
B. Without limiting the provisions of Paragraph 3.5 of the Lease, Landlord shall not be liable for any direct or indirect damages suffered by Tenant as a result of delays in construction beyond Landlord's reasonable control, including, but not limited to, delays due to strikes or unavailability of materials or labor, or delays caused by Tenant (including delays by the Space Planner, the contractor or anyone else performing services on behalf of Landlord or Tenant).
C. All Tenant Improvement Allowance. The work to be performed on the Premises by Tenant Improvements or Tenant's contractor or agents shall be delivered via Associated General Contractors (AGC) Guaranteed Maximum Price Contract (subject to the "Contract") with Liquidated Damages of $500.00 per day for each day of delay in achieving in substantial completion beyond the date specified in the Contract, which date following conditions:
i. All work shall be no later than October 1done in conformity with a valid building permit when required, 2010a copy of which shall be furnished to Landlord before such work is commenced, and a payment and performance bond. Any Liquidated Damages (less cost of collection) paid to Landlord shall accrue to the Tenant; providedin any case, however, any paid Liquidated Damages for any Tenant Delay shall accrue to Landlord. The General Contractor shall obtain at least three (3) bids for all major trade such work at the Premises. Landlord will work with the General Contractor to complete the Tenant Improvements by the Commencement Date. All contracts with vendors and subcontractors for construction of the Tenant Improvements will be negotiated by the General Contractor. All work performed in connection with the construction of the Premises shall be performed in a good and workmanlike manner, and in accordance with all Applicable Laws applicable Regulations and the final approved Plansrequirements and standards of any insurance underwriting board, inspection bureau or insurance carrier insuring the Premises pursuant to the Lease. If materials are not readily availableNotwithstanding any failure by Landlord to object to any such work, require quick ship charges, or require substitution, Landlord shall have no responsibility for Tenant's failure to comply with all applicable Regulations. Tenant shall be responsible for ensuring that construction and installation of the Tenant Improvements will be given notice and not materially affect the opportunity to select alternate materials. Landlord shall insure that the Architect conducts a periodic review (a minimum of once every two weeks) structural integrity of the progress of construction to ensure compliance with the PlansBuilding.
ii. Tenant may from time to time request in writing changes to the Plans (a “Change Order”)At reasonable times and upon reasonable notice, subject to Landlord or Landlord’s consent, which shall not be unreasonably withheld. Landlord shall cause Contractor to provide an estimate of any change in the Construction Cost and/or Schedule. Tenant 's agents shall have the right to elect whether inspect the construction of the Tenant Improvements by Tenant during the progress thereof. If Landlord shall give notice of faulty construction or not any other material deviation from the approved Plans, Tenant shall inform the contractor of such deviation and shall require the contractor to proceed make corrections promptly. However, neither the privilege herein granted to Landlord to make such inspections, nor the making of such inspections by Landlord, shall operate as a waiver of any right of Landlord to require good and workmanlike construction and improvements erected in accordance with the Change Order within five (5) business days after receipt of such estimateapproved Plans.
iii. Upon such approval Unless otherwise agreed in writing by Landlord and Tenant, or confirmation Tenant's construction of the Tenant Improvements shall comply with the following: (a) the Tenant Improvements shall be constructed in substantial accordance with the approved Plans, as may be amended from time to time; and (b) Tenant shall abide by all reasonable rules made by Landlord that with respect to the Change Order will not result use of freight, loading dock, and service elevators, storage of materials, coordination of work with the contractors of other tenants, and any other matter in any change in cost and/or Scheduleconnection with this Amendment, Landlord shall implement including, without limitation, the Change Order as part construction of the Tenant Improvements.
iv. Tenant acknowledges that shall promptly reimburse Landlord upon demand for any reasonable expense actually incurred by the following items may result in changes to the Budget and/or Schedule:
(i) Municipal Landlord by reason of faulty work done by Tenant or other governmental inspectors require changes to the Premises such as code compliance changes. In such event, Landlord will notify Tenant its contractors or by reason of the required changes, but the increased cost of such changes, if any, and any delay associated with such changes shall be the responsibility of Tenant.
(ii) Change Orders approved by Tenant. Any increased costs and delays due to such approved Change Orders shall be the responsibility of Tenant. Any delays caused by such approved Change Orders shall not delay the Commencement Date of the Lease. Landlord shall not charge Tenant any administrative fees in respect of any Change Orders. Tenant shall have five (5) business days to review and approve all Change Orders and any additional review time by Tenant shall be a Tenant Delay.
(iii) If materials are not readily available, require quick ship chargeswork, or require substitution, provided Landlord shall identify any such materials within ten (10) days by reason of final approval of the Plans, and in any such case, Tenant will be given notice and the opportunity to select alternate materialsinadequate clean-up.
(iv) Any Tenant Delay.
Appears in 1 contract
Samples: Lease (Cancervax Corp)
Construction of Tenant Improvements. After the Final Approval Date for each Building has occurred and a building permit for the work for such Building has been issued, Landlord shall obtain all state shall, through a guaranteed maximum construction contract providing for not more than one (1) draw request for funds each month ("Construction Contract") with Coastal Pacific Construction, Ticon Construction Company or another reputable, licensed contractor selected by Landlord and local licensesreasonably approved by Tenant ("Contractor"), permits and approvals (whether governmental or non‑governmental) required to construct cause the Tenant Improvements and for Tenant's occupancy of the Premises. Landlord shall provide access to the General Contractor for Construction construction of the Tenant Improvements for each Building to be carried out in substantial conformance with the Working Drawings in a good and to the extent such access requires entry through space occupied by other tenants, Landlord shall provide for such access at its sole cost and expenseworkmanlike manner using first-class materials. The Landlord shall engage, subject to Tenant’s reasonable approval, a general contractor to construct the Tenant Improvements (the “General Contractor”). The General Contractor shall construct and install the Tenant Improvements in accordance costs associated with the Plans which expense shall be deducted from construction of the Tenant Improvement Allowance. The Tenant Improvements shall be delivered via Associated General Contractors (AGC) Guaranteed Maximum Price Contract (the "Contract") with Liquidated Damages paid as set forth in Sections 5 and 6 of $500.00 per day for each day of delay in achieving in substantial completion beyond the date specified in the Contract, which date shall be no later than October 1, 2010, and a payment and performance bondthis Work Letter. Any Liquidated Damages (less cost of collection) paid to Landlord shall accrue cause the Contractor to the Tenant; provided, however, any paid Liquidated Damages for any Tenant Delay shall accrue to Landlord. The General Contractor shall obtain competitively bid all major subcontract trades by at least three (3) bids subcontractors for all major each such trade work at selected by Landlord or the PremisesContractor and approved by Landlord. Landlord will shall cause the Contractor to award each subcontract trade to the lowest bidder; unless such lowest bidder has presented an incomplete bid, or does not reasonably appear able to commence and complete its work with the General Contractor in a manner and within a time frame reasonably determined necessary to complete the Tenant Improvements by the Commencement Date. All contracts with vendors and subcontractors for construction of the Tenant Improvements will be negotiated by the General Contractor. All work performed in connection with the construction of the Premises shall be performed in a good and workmanlike manner, in accordance with all Applicable Laws and the final approved Plans. If materials are not readily available, require quick ship chargesas required under this Work Letter, or require substitution, otherwise does not reasonably appear to be best qualified to perform its trade within the Tenant will be given notice time and the opportunity to select alternate materials. Landlord shall insure that the Architect conducts a periodic review (a minimum of once every two weeks) of the progress of construction to ensure compliance with the Plans. Tenant may from time to time request in writing changes to the Plans (a “Change Order”), subject to Landlord’s consent, which shall not be unreasonably withheld. Landlord shall cause Contractor to provide an estimate of any change in the Construction Cost and/or Schedule. Tenant shall have the right to elect whether or not to proceed with the Change Order within five (5) business days after receipt of such estimate. Upon such approval by Tenant, or confirmation by Landlord that the Change Order will not result manner contemplated in any change in cost and/or Schedule, Landlord shall implement the Change Order as part of the Tenant Improvements. Tenant acknowledges that the following items may result in changes to the Budget and/or Schedule:
(i) Municipal or other governmental inspectors require changes to the Premises such as code compliance changes. In such event, Landlord will notify Tenant of the required changes, but the increased cost of such changes, if any, and any delay associated with such changes shall be the responsibility of Tenant.
(ii) Change Orders approved by Tenant. Any increased costs and delays due to such approved Change Orders shall be the responsibility of Tenant. Any delays caused by such approved Change Orders shall not delay the Commencement Date of the Lease. Landlord shall not charge Tenant any administrative fees in respect of any Change Orders. Tenant shall have five (5) business days to review and approve all Change Orders and any additional review time by Tenant shall be a Tenant Delay.
(iii) If materials are not readily available, require quick ship charges, or require substitution, provided Landlord shall identify any such materials within ten (10) days of final approval of the Plansthis Work Letter, and in any of such caseevents Landlord shall have the right, in its reasonable discretion, to cause the Contractor to award the subcontract for such trade to the most appropriate bidder under the circumstances. Landlord agrees to advise and consult with Tenant will throughout the bidding and contract process, so long as such consultation does not delay or interfere with Landlord's obligations in connection herewith, and in all events Landlord's determinations as to bid and contract decisions shall be given notice final. Landlord shall see that the construction complies with all applicable building, fire, health, and sanitary codes and regulations, the opportunity to select alternate materialssatisfaction of which shall be evidenced by a certificate of occupancy for such Building.
(iv) Any Tenant Delay.
Appears in 1 contract
Samples: Lease (Western Digital Corp)
Construction of Tenant Improvements. Landlord shall obtain all state and local licenses(1) Tenant, permits and approvals (whether governmental or non‑governmental) required at Tenant’s sole expense, but subject to construct the Tenant Improvements and for Tenant's occupancy of the Premises. Landlord shall provide access to the General Contractor for Construction receipt of the Tenant Improvements Improvement Allowance (defined below), shall be solely responsible for construction of all leasehold improvements in the Premises as shown on the Plans and to Specifications (defined below) (the extent such access requires entry through space occupied by other tenants, Landlord “Tenant Improvements”). Tenant shall provide for such access at its sole cost and expense. The Landlord shall engage, subject to Tenant’s reasonable approval, enter into a contract with a general contractor to construct the Tenant Improvements (the “General Contractor”)) for all Tenant Improvements. The General Contractor and all subcontractors shall construct (i) abide by the Landlord’s rules and install regulations, a copy of which is attached to the Lease as Schedule 5, and with the rules and regulations set forth in this Construction Rider; (ii) carry insurance covering Landlord as an insured party with such coverages and in such amounts as Landlord may then require and with carriers reasonably acceptable to Landlord to insure Landlord against liability for injury, death or damage for the Tenant Improvements in accordance with the Plans which expense shall be deducted from the Tenant Improvement Allowance. The Tenant Improvements shall be delivered via Associated General Contractors (AGC) Guaranteed Maximum Price Contract (the "Contract") with Liquidated Damages of $500.00 per day for each day of delay in achieving in substantial completion beyond the date specified in the Contract, which date shall be no later than October 1, 2010, and a payment and performance bond. Any Liquidated Damages (less cost of collection) paid to Landlord shall accrue to the Tenant; provided, however, any paid Liquidated Damages for any Tenant Delay shall accrue to Landlord. The General Contractor shall obtain at least three (3) bids for all major trade work at the Premises. Landlord will work with done by the General Contractor to complete the Tenant Improvements by the Commencement Date. All contracts with vendors and subcontractors for construction of the Tenant Improvements will subcontractors; and (iii) be negotiated by the General Contractor. All work performed in connection with the construction of the Premises shall be performed in a good and workmanlike manner, in accordance with all Applicable Laws and the final approved Plans. If materials are not readily available, require quick ship charges, or require substitution, the Tenant will be given notice and the opportunity to select alternate materials. Landlord shall insure that the Architect conducts a periodic review (a minimum of once every two weeks) of the progress of construction to ensure compliance with the Plans. Tenant may from time to time request in writing changes to the Plans (a “Change Order”), subject to Landlord’s consentprior written approval if it is the General Contractor or a subcontractor who is furnishing work and/or materials that cost $50,000 or more or involves a structural component of the Building, which shall not be unreasonably withheld. Tenant shall indemnify and hold harmless Landlord shall cause Contractor to provide an estimate from and against all liability, cost, expense and damages incurred as a result of any change Tenant’s, its General Contractor’s, subcontractors’, architect’s, or engineer’s presence in the Construction Cost and/or SchedulePremises or in connection with the Tenant Improvements, except that the foregoing indemnity shall not cover any amount arising from the negligence or willful misconduct of Landlord or its agents. In connection with construction of the Tenant Improvements, Tenant shall have comply with all provisions of the right to elect whether or not to proceed Lease and this Construction Rider. All Tenant Improvements shall be performed in accordance with the Change Order within five Plans and Specifications, lien-free, in accordance with all laws and regulations, and in a good and workmanlike manner.
(52) Within a reasonable period of time after full execution and delivery of this Lease, Tenant shall deliver to Landlord the preliminary plans and specifications (the “Preliminary Plans and Specifications”) showing the Tenant Improvements. Within ten (10) business days after receipt of such estimate. Upon such approval by Tenant, or confirmation by Landlord that the Change Order will not result in any change in cost and/or SchedulePreliminary Plans and Specifications, Landlord shall implement deliver notice to Tenant approving or rejecting the Change Order as part of Preliminary Plans and Specifications. Should Landlord fail to deliver such notice within such ten (10) business day period, the Tenant ImprovementsPreliminary Plans and Specifications I-1345641.7 shall be deemed approved by Landlord. Tenant acknowledges that If Landlord rejects the following items may result in changes Preliminary Plans and Specifications, Landlord shall deliver with such notice Landlord’s requested revisions to the Budget and/or Schedule:
(i) Municipal or other governmental inspectors require changes to Preliminary Plans and Specifications. If Landlord rejects the Premises such as code compliance changes. In such eventPreliminary Plans and Specifications, Landlord will notify Tenant of the required changes, but the increased cost of such changes, if any, and any delay associated with such changes shall be the responsibility of Tenant.
(ii) Change Orders approved by Tenant. Any increased costs and delays due to such approved Change Orders shall be the responsibility of Tenant. Any delays caused by such approved Change Orders shall not delay the Commencement Date of the Lease. Landlord shall not charge Tenant any administrative fees in respect of any Change Orders. Tenant shall have five (5) business days to review and approve all Change Orders and any additional review time by Tenant shall be a Tenant Delay.
(iii) If materials are not readily available, require quick ship charges, or require substitution, provided Landlord shall identify any such materials within ten (10) days after receipt of final such notice from Landlord, Tenant shall deliver to Landlord revised plans and specifications showing the Tenant Improvements and taking into account Landlord’s proposed revisions. Within ten (10) business days after Landlord’s receipt of such revised plans and specifications, Landlord shall deliver notice to Tenant approving or rejecting such plans and specifications. Should Landlord fail to deliver such notice within such ten (10) business day period, the Preliminary Plans and Specifications shall be deemed approved by Landlord. This process shall continue until the parties mutually agree on the plans and specifications. The final, mutually agreed upon plans and specifications showing the Tenant Improvements shall be referred to as the “Plans and Specifications”.
(3) Within ten (10) days after Landlord and Tenant agree on the Plans and Specifications, Tenant shall submit the Plans and Specifications to the applicable governmental entity for approval of the PlansPlans and Specifications and issuance of all permits necessary for the construction of the Tenant Improvements, and in any Tenant shall thereafter diligently pursue approval by the applicable governmental entity of the Plans and Specifications and receipt of such casepermits. If Tenant does not obtain governmental approval of the Plans and Specifications within forty-five (45) days after Tenant submits the Plans and Specifications to the applicable governmental entity, Tenant will be given notice Landlord may, but is not required to, attempt to obtain the governmental approval of the Plans and the opportunity to select alternate materialsSpecifications.
(iv) Any Tenant Delay.
Appears in 1 contract
Construction of Tenant Improvements. Landlord shall obtain all state and local licenses, permits and approvals (whether governmental or non‑governmental) required to construct the Tenant Improvements and for A. Upon Tenant's occupancy approval of the Premises. Landlord shall provide access to Plans including the General Contractor for Construction estimate of the cost of the Tenant Improvements and to Landlord's receipt of payment of any such estimated cost exceeding the extent such access requires entry through space occupied by other tenants, Landlord shall provide for such access at its sole cost and expense. The Landlord shall engage, subject to Tenant’s reasonable approval, a general contractor to construct the Tenant Improvements (the “General Contractor”). The General Contractor shall construct and install the Tenant Improvements in accordance with the Plans which expense shall be deducted from amount of the Tenant Improvement Allowance. The Tenant Improvements , Landlord shall be delivered via Associated General Contractors (AGC) Guaranteed Maximum Price Contract (the "Contract") with Liquidated Damages of $500.00 per day for each day of delay in achieving in substantial completion beyond the date specified in the Contractcause a contractor, which date shall be no later than October 1, 2010, and a payment and performance bond. Any Liquidated Damages (less cost of collection) paid mutually acceptable to Landlord shall accrue and Tenant and identified through a competitive bid process, to the Tenant; provided, however, any paid Liquidated Damages for any Tenant Delay shall accrue proceed to Landlord. The General Contractor shall obtain at least three (3) bids for all major trade work at the Premises. Landlord will work with the General Contractor to complete the Tenant Improvements by the Commencement Date. All contracts with vendors secure a building permit and subcontractors for commence construction of the Tenant Improvements will be negotiated by provided that Tenant shall cooperate with Landlord in executing permit applications and performing other actions reasonably necessary to enable Landlord to obtain any required permits or certificates of occupancy; and provided further that the General Contractor. All work performed Building has in connection with Landlord's discretion reached the stage of construction where it is appropriate to commence construction of the Tenant Improvements in the Premises.
B. Without limiting the provisions of Paragraph 35 of the Lease, Landlord shall not be liable for any direct or indirect damages suffered by Tenant as a result of delays in construction beyond Landlord's reasonable control, including, but not limited to, delays due to strikes or unavailability of materials or labor, or delays caused by Tenant (including delays by the Space Planner, the contractor or anyone else performing services on behalf of Landlord or Tenant).
C. If any work is to be performed on the Premises by Tenant or Tenant's contractor or agents:
i) Such work shall proceed upon Landlord's written approval, which approval shall not be unreasonably withheld or delayed, of Tenant's contractor, public liability and property damage insurance carried by Tenant's contractor, and detailed plans and specifications for such work, shall be at Tenant's sole cost and expense and shall further be subject to the provisions of Paragraphs 12 and 27 of the Lease.
ii) All work shall be done in conformity with a valid building permit when required, a copy of which shall be furnished to Landlord before such work is commenced, and in any case, all such work shall be performed in a good and workmanlike manneraccordance with all applicable Regulations. Notwithstanding any failure by Landlord to object to any such work, Landlord shall have no responsibility for Tenant's failure to comply with all applicable Regulations.
iii) If required by Landlord or any lender of Landlord, all work by Tenant or Tenant's contractor or agents shall be done with union labor in accordance with all Applicable Laws union labor agreements applicable to the trades being employed.
iv) All work by Tenant or Tenant's contractor or agents shall be scheduled through Landlord.
v) Tenant or Tenant's contractor or agents shall arrange for necessary utility, hoisting and elevator service with Landlord's contractor and shall pay such reasonable charges for such services as may be charged by Tenant's or Landlord's contractor.
vi) Tenant's entry to the final approved Plans. If materials are not readily availablePremises for any purpose, require quick ship chargesincluding, without limitation, inspection or require substitutionperformance of Tenant construction by Tenant's agents, prior to the Tenant will date Tenant's obligation to pay rent commences shall be given notice subject to all the terms and the opportunity to select alternate materials. Landlord shall insure that the Architect conducts a periodic review (a minimum of once every two weeks) conditions of the progress Lease except the payment of construction to ensure compliance with the PlansRent. Tenant may from time to time request in writing changes to the Plans (a “Change Order”), subject to Landlord’s consent, which Tenant's entry shall not be unreasonably withheld. Landlord shall cause Contractor to provide an estimate of any change in the Construction Cost and/or Schedule. Tenant shall have the right to elect whether or not to proceed with the Change Order within five (5) business days after receipt of such estimate. Upon such approval mean entry by Tenant, its officers, contractors, licensees, agents, servants, employees, guests, invitees, or confirmation by Landlord that the Change Order will not result in any change in cost and/or Schedule, Landlord shall implement the Change Order as part of the Tenant Improvements. Tenant acknowledges that the following items may result in changes to the Budget and/or Schedule:
(i) Municipal or other governmental inspectors require changes to the Premises such as code compliance changes. In such event, Landlord will notify Tenant of the required changes, but the increased cost of such changes, if any, and any delay associated with such changes shall be the responsibility of Tenantvisitors.
(iivii) Change Orders approved Tenant shall promptly reimburse Landlord upon demand for any reasonable expense actually incurred by Tenant. Any increased costs and delays due to such approved Change Orders shall be the responsibility Landlord by reason of Tenant. Any faulty work done by Tenant or its contractors or by reason of any delays caused by such approved Change Orders shall not delay the Commencement Date of the Lease. Landlord shall not charge Tenant any administrative fees in respect of any Change Orders. Tenant shall have five (5) business days to review and approve all Change Orders and any additional review time by Tenant shall be a Tenant Delay.
(iii) If materials are not readily available, require quick ship chargeswork, or require substitution, provided Landlord shall identify any such materials within ten (10) days by reason of final approval of the Plans, and in any such case, Tenant will be given notice and the opportunity to select alternate materialsinadequate clean-up.
(iv) Any Tenant Delay.
Appears in 1 contract
Samples: Lease (Geocities)
Construction of Tenant Improvements. 3.1 Upon completion of the Working Plans and at the request of Tenant, Lanxxxxx and its contractor shall provide to Tenant in writing an estimate of the cost of improvements to be provided at Tenant's expense pursuant to Section 1 of this Expansion Space Work Agreement. Within five days after Tenant's rexxxxx of such estimated cost, Tenant shall delete any items which Tenant elects not to have constructed. Landlord and Tenant shalx xxxx together to establish a construction budget reasonably acceptable to both parties. Tenant shall authorize in writing the agreed upon construction budget. In the absence of such written authorization, Landlord shall obtain not be obligated to commence work on the Expansion Space and Tenant shall be responsible for any costs due to any resulting delay in completion of the Expansion Space.
3.2 If Tenant desires any change to its improvements, Tenant shall submit a written request for such change to Landlord, together with all state plans and local licensesspecifications necessary to show and explain changes from the approved Working Plans. Any such change shall be subject to Landlord's xxxxxxxx. Landlord or Landlord's contractor shall notify Tenant in writing of the amount, permits if any, which will be charged or credited to Tenant to reflect the cost of such change.
3.3 Tenant's entry into the Expansion Space for any purpose, prior to September 1, 1999, shall be subject to all the terms and approvals conditions of the Lease, including without limitation the provisions of the Lease relating to the maintenance of insurance, but excluding the provisions of the Lease relating to the payment of rent. Tenant's entry shall mean entry by Tenant, its officers, contractors, licensees, agents, servants, employees, guests, invitees, or visitors (whether governmental the "Tenant Parties"). Tenant shall indemnify and hold harmless Landlord from and against any and all claims, losses, liabilities, and expenses (including without limitation attorneys' fees) arising out of or non‑governmental) required in any way related to construct the activities of Tenant or the Tenant Improvements Parties in the Expansion Space or the Project. EXHIBIT D STATEMENT OF TENANT IN RE: LEASE -------------------------------- Date: May 31, 2000 Teachers Insurance and for Tenant's occupancy Annuity Association of America 730 Third Axxxxx Xxx Xxxx, Xxx Xxxx 000 00 Xxxx: ______________________ RE: TIAA Appl. #OR- 108 TIAA Mtge. #000447000 Name of Project: Evergreen Corporate Center Address: 20540 NW Alxxxxx Xxxxxxxxx, Xxxxxx 00000 Xxxxxx xxd Gentlemen: It is our understanding that you have a mortgage upon the subject premises and as a condition precedent thereof have required this certification of the Premisesundersigned. Landlord shall provide access The undersigned, as tenant, under that certain lease dated January 15, 1997, as amended by an Amendment to Lease dated July 15, 1999, made with Evergreen Corporate Center LLC, as landlord, hereby ratifies said lease and certifies that:
1. the General Contractor for Construction "Commencement Date" of said lease is December 15, 1997; and
2. the undersigned is presently solvent and free from reorganization and/or bankruptcy; and
3. the operation and use of the Tenant Improvements and premises do not involve the generation, treatment, storage, disposal or release of a hazardous substance or a solid waste into the environment other than to the extent such access requires entry through space occupied by other tenants, Landlord shall provide for such access at necessary to conduct its sole cost and expense. The Landlord shall engage, subject to Tenant’s reasonable approval, a general contractor to construct the Tenant Improvements (the “General Contractor”). The General Contractor shall construct and install the Tenant Improvements in accordance with the Plans which expense shall be deducted from the Tenant Improvement Allowance. The Tenant Improvements shall be delivered via Associated General Contractors (AGC) Guaranteed Maximum Price Contract (the "Contract") with Liquidated Damages ordinary course of $500.00 per day for each day of delay in achieving in substantial completion beyond the date specified business in the Contract, which date shall be no later than October 1, 2010, premises and a payment and performance bond. Any Liquidated Damages (less cost of collection) paid to Landlord shall accrue to the Tenant; provided, however, any paid Liquidated Damages for any Tenant Delay shall accrue to Landlord. The General Contractor shall obtain at least three (3) bids for all major trade work at the Premises. Landlord will work with the General Contractor to complete the Tenant Improvements by the Commencement Date. All contracts with vendors and subcontractors for construction of the Tenant Improvements will be negotiated by the General Contractor. All work performed in connection with the construction of the Premises shall be performed in a good and workmanlike manner, in accordance with all Applicable Laws applicable environmental laws, and that the premises are being operated in accordance with all applicable environmental laws, zoning ordinances and building codes; and
4. the current base rental payable pursuant to the terms of said lease is $107,232 per month; and further, additional rental pursuant to said lease is payable as provided in the Lease; and
5. said lease is in full force and effect and has not been assigned, modified, supplemented or amended in any way (except as set forth above) and the final approved Plansundersigned is not in default thereunder; and
6. If materials are not readily availablethe lease described above represents the entire agreement between the parties as to the leasing of the premises; and
7. the term of said lease expires on December 14, require quick ship charges2007; and
8. Landlord hax xxxxx at least $553,040 of the TI Allowance, or require substitutionas defined in the Amendment to Lease, and the work performed by landlord to date in the Expansion Space is acceptable to the undersigned.
9. no rental has been paid in advance and no security (except the security deposit in the amount of $120,839) has been deposited with landlord; and
10. tenant's floor area is 102,662 rentable square feet; and
11. the most recent payment of current basic rental was for the payment due on May 1, 2000, and all basic rental and additional rental payable pursuant to the terms of the lease have been paid up to said date; and
12. the undersigned acknowledges notice that landlord's interest under the lease and the rent and all other sums due thereunder will be assigned to you as part of the security for a mortgage loan by you to landlord. In the event that Teachers Insurance and Annuity Association of America, as lender, notifies the undersigned of a default under the mortgage and demands that the undersigned pay its rent and all other sums due under the lease to lender, tenant agrees that it shall pay its rent and all such other sums to lender. Very truly yours, MEDICALOGIC, INC. By: ------------------------------------- Its: ------------------------------------ EXHIBIT E PROMISSORY NOTE --------------- $__________ __________, 1999 Portland, Oregon FOR VALUE RECEIVED, the Tenant will undersigned, MEDICALOGIC, Inc., an Oregon corporation ("Borrower"), promises to pay to the order of EVERGREEN CORPORATE CENTER LLC, an Oregon limited liability company, at 111 SW Coluxxxx Xxxxxx, Xxxxx 0000, Xxxxxxxx, Xxxxxx 00000, xx xxxx xther place as may be given notice and the opportunity to select alternate materials. Landlord shall insure that the Architect conducts a periodic review (a minimum of once every two weeks) of the progress of construction to ensure compliance with the Plans. Tenant may designated from time to time request in writing changes to by the Plans holder of this Note (a “Change Order”"Holder"), subject to Landlord’s consent, which shall not be unreasonably withheld. Landlord shall cause Contractor to provide an estimate the principal sum of any change ________________________________ Dollars ($____________) in the Construction Cost and/or Schedule. Tenant shall have the right to elect whether or not to proceed with the Change Order within five (5) business days after receipt of such estimate. Upon such approval by Tenant, or confirmation by Landlord that the Change Order will not result in any change in cost and/or Schedule, Landlord shall implement the Change Order as part lawful money of the Tenant Improvements. Tenant acknowledges that the following items may result in changes to the Budget and/or Schedule:
(i) Municipal or United States of America, plus interest and other governmental inspectors require changes to the Premises such charges as code compliance changes. In such event, Landlord will notify Tenant of the required changes, but the increased cost of such changes, if any, and any delay associated with such changes shall be the responsibility of Tenantprovided herein.
(ii) Change Orders approved by Tenant. Any increased costs and delays due to such approved Change Orders shall be the responsibility of Tenant. Any delays caused by such approved Change Orders shall not delay the Commencement Date of the Lease. Landlord shall not charge Tenant any administrative fees in respect of any Change Orders. Tenant shall have five (5) business days to review and approve all Change Orders and any additional review time by Tenant shall be a Tenant Delay.
(iii) If materials are not readily available, require quick ship charges, or require substitution, provided Landlord shall identify any such materials within ten (10) days of final approval of the Plans, and in any such case, Tenant will be given notice and the opportunity to select alternate materials.
(iv) Any Tenant Delay.
Appears in 1 contract
Construction of Tenant Improvements. Landlord shall obtain all state and local licenses, permits and approvals (whether governmental or non‑governmental) required to construct the Tenant Improvements and for 5.1. Upon Tenant's occupancy approval of the Premises. Landlord shall provide access to Plans including the General Contractor for Construction estimate of the cost of the Tenant Improvements and to Landlord's receipt of payment of any such estimated cost exceeding the extent such access requires entry through space occupied by other tenants, Landlord shall provide for such access at its sole cost and expense. The Landlord shall engage, subject to Tenant’s reasonable approval, a general contractor to construct the Tenant Improvements (the “General Contractor”). The General Contractor shall construct and install the Tenant Improvements in accordance with the Plans which expense shall be deducted from amount of the Tenant Improvement Allowance. The Tenant Improvements shall be delivered via Associated General Contractors (AGC) Guaranteed Maximum Price Contract (the "Contract") with Liquidated Damages of $500.00 per day for each day of delay in achieving in substantial completion beyond the date specified in the Contract, which date shall be no later than October 1, 2010, and a payment and performance bond. Any Liquidated Damages (less cost of collection) paid to Landlord shall accrue cause its contractor to the Tenant; provided, however, any paid Liquidated Damages for any Tenant Delay shall accrue proceed to Landlord. The General Contractor shall obtain at least three (3) bids for all major trade work at the Premises. Landlord will work with the General Contractor to complete the Tenant Improvements by the Commencement Date. All contracts with vendors secure a building permit and subcontractors for commence construction of the Tenant Improvements will be negotiated by provided that Tenant shall cooperate with Landlord in executing permit applications and performing other actions reasonably necessary to enable Landlord to obtain any required permits or certificates of occupancy; and provided further that the General Contractor. All work performed Building has in connection with Landlord's discretion reached the stage of construction where it is appropriate to commence construction of the Tenant Improvements in the Premises.
5.2. Landlord shall not be liable for any direct or indirect damages suffered by Tenant as a result of delays in construction beyond Landlord's reasonable control, including, but not limited to, delays due to strikes or unavailability of materials or labor, or delays caused by Tenant (including delays by the Space Planner, the contractor or anyone else performing services on behalf of Landlord or Tenant).
5.3. If any work is to be performed on the Premises by Tenant or Tenant's contractor or agents:
(a) Such work shall proceed upon Landlord's written approval of Tenant's contractor, public liability and property damage insurance carried by Tenant's contractor, and detailed plans and specifications for such work, shall be at Tenant's sole cost and expense and shall further be subject to the provisions of Paragraphs 7 of the Lease.
(b) All work shall be done in conformity with a valid building permit when required, a copy of which shall be furnished to Landlord before such work is commenced, and in any case, all such work shall be performed in a good and workmanlike manneraccordance with all applicable Regulations. Notwithstanding any failure by Landlord to object to any such work, Landlord shall have no responsibility for Tenant's failure to comply with all applicable Regulations.
(c) If required by Landlord or any lender of Landlord, all work by Tenant or Tenant's contractor or agents shall be done with union labor in accordance with all Applicable Laws union labor agreements applicable to the trades being employed.
(d) All work by Tenant or Tenant's contractor or agents shall be scheduled through Landlord.
(e) Tenant or Tenant's contractor or agents shall arrange for necessary utility, hoisting and elevator service with Landlord's contractor and shall pay such reasonable charges for such services as may be charged by Tenant's or Landlord's contractor.
(f) Tenant's entry to the final approved Plans. If materials are not readily availablePremises for any purpose, require quick ship chargesincluding, without limitation, inspection or require substitutionperformance of Tenant construction by Tenant's agents, prior to the Tenant will date Tenant's obligation to pay rent commences shall be given notice subject to all the terms and the opportunity to select alternate materials. Landlord shall insure that the Architect conducts a periodic review (a minimum of once every two weeks) conditions of the progress Lease except the payment of construction to ensure compliance with the PlansRent. Tenant may from time to time request in writing changes to the Plans (a “Change Order”), subject to Landlord’s consent, which Tenant's entry shall not be unreasonably withheld. Landlord shall cause Contractor to provide an estimate of any change in the Construction Cost and/or Schedule. Tenant shall have the right to elect whether or not to proceed with the Change Order within five (5) business days after receipt of such estimate. Upon such approval mean entry by Tenant, its officers, contractors, licensees, agents, servants, employees, guests, invitees, or confirmation by Landlord that the Change Order will not result in any change in cost and/or Schedule, Landlord shall implement the Change Order as part of the Tenant Improvements. Tenant acknowledges that the following items may result in changes to the Budget and/or Schedule:
(i) Municipal or other governmental inspectors require changes to the Premises such as code compliance changes. In such event, Landlord will notify Tenant of the required changes, but the increased cost of such changes, if any, and any delay associated with such changes shall be the responsibility of Tenantvisitors.
(iig) Change Orders approved Tenant shall promptly reimburse Landlord upon demand for any reasonable expense actually incurred by Tenant. Any increased costs and delays due to such approved Change Orders shall be the responsibility Landlord by reason of Tenant. Any faulty work done by Tenant or its contractors or by reason of any delays caused by such approved Change Orders shall not delay the Commencement Date of the Lease. Landlord shall not charge Tenant any administrative fees in respect of any Change Orders. Tenant shall have five (5) business days to review and approve all Change Orders and any additional review time by Tenant shall be a Tenant Delay.
(iii) If materials are not readily available, require quick ship chargeswork, or require substitution, provided Landlord shall identify any such materials within ten (10) days by reason of final approval of the Plans, and in any such case, Tenant will be given notice and the opportunity to select alternate materialsinadequate clean-up.
(iv) Any Tenant Delay.
Appears in 1 contract
Samples: Office Lease (Electronic Arts Inc)
Construction of Tenant Improvements. A. Landlord and Tenant hereby approve Devcon Construction Incorporated as the contractor, which Landlord and Tenant shall obtain all state retain under a mutually acceptable construction contract to be jointly administered by Landlord and local licenses, permits and approvals (whether governmental or non‑governmental) required to construct the Tenant Improvements and for Tenant's occupancy of the Premises. Landlord shall provide access to pay the General Contractor contractor directly for Construction all contractors' invoices in accordance with the construction contract specified herein. Upon Tenant's approval of the Plans including the estimate of the cost of the Tenant Improvements and to Landlord's receipt of payment of any such estimated cost exceeding the extent such access requires entry through space occupied by other tenants, Landlord shall provide for such access at its sole cost and expense. The Landlord shall engage, subject to Tenant’s reasonable approval, a general contractor to construct the Tenant Improvements (the “General Contractor”). The General Contractor shall construct and install the Tenant Improvements in accordance with the Plans which expense shall be deducted from amount of the Tenant Improvement Allowance. The , Landlord and Tenant Improvements shall be delivered via Associated General Contractors (AGC) Guaranteed Maximum Price Contract (the "Contract") with Liquidated Damages of $500.00 per day for each day of delay cause Devcon Construction Incorporated to proceed in achieving in substantial completion beyond the date specified in the Contract, which date shall be no later than October 1, 2010, secure a building permit and a payment and performance bond. Any Liquidated Damages (less cost of collection) paid to Landlord shall accrue to the Tenant; provided, however, any paid Liquidated Damages for any Tenant Delay shall accrue to Landlord. The General Contractor shall obtain at least three (3) bids for all major trade work at the Premises. Landlord will work with the General Contractor to complete the Tenant Improvements by the Commencement Date. All contracts with vendors and subcontractors for commence construction of the Tenant Improvements will be negotiated by provided that Landlord and Tenant shall cooperate together in executing permit applications and performing other actions reasonably necessary to enable Landlord and Tenant to obtain any required permits or certificates of occupancy; and provided further that the General Contractor. All work performed Building has in connection with Landlord's discretion reached the stage of construction where it is appropriate to commence construction of the Premises Tenant Improvements in the Premises.
B. Without limiting the provisions of Paragraph 35 of the Lease Landlord shall not be liable for any direct or indirect damages suffered by Tenant as a result of delays in construction beyond Landlord's reasonable control, Including, but not limited to, delays due to strikes or unavailability of materials or labor, or delays caused by Tenant (including delays by the Space Planner, the contractor or any one else performing services on behalf of Landlord or Tenant).
C. If any work is to be performed in a good and workmanlike manner, in accordance with all Applicable Laws and on the final approved Plans. If materials are not readily available, require quick ship charges, Premises solely by Tenant or require substitution, the Tenant will be given notice and the opportunity to select alternate materials. Landlord Tenant's contractor or agents:
(1) Such work shall insure that the Architect conducts a periodic review proceed upon Landlord's written approval (a minimum of once every two weeks) of the progress of construction to ensure compliance with the Plans. Tenant may from time to time request in writing changes to the Plans (a “Change Order”), subject to Landlord’s consent, which consent shall not be unreasonably withheld, delayed or conditioned) of Tenant's contractor, public liability and property damage insurance carried by Tenant's contractor, and detailed plans and specifications for such work, shall be at Tenant's sole cost and expense and shall further be subject to the provisions of Paragraphs 12 and 27 of the Lease.
(2) All work shall be done in conformity with a valid building permit when required, a copy of which shall be furnished to Landlord before such work is commenced, and in any case, all such work shall be performed in accordance with all applicable Regulations. Notwithstanding any failure by Landlord to object to any such work, Landlord shall cause Contractor have no responsibility for Tenant's failure to provide an estimate comply with all applicable Regulations.
(3) If required by Landlord or any lender of any change Landlord all work by Tenant or Tenant's contractor or agents shall be done with union labor in accordance with all union labor agreements applicable to the Construction Cost and/or Schedule. trades being employed.
(4) All work by Tenant or Tenant's contractor or agents shall have the right to elect whether or not to proceed with the Change Order within five be scheduled through Landlord.
(5) business days after receipt Tenant or Tenant's contractor or agents shall arrange for necessary utility, hoisting and elevator service with Landlord's contractor and shall pay such reasonable charges for such services as may be charged by Tenant's or Landlord's contractor.
(6) Tenant's entry to the Premises for any purpose, including, without limitation, inspection or performance of such estimateTenant construction by Tenant's agents, prior to the date Tenant's obligation to pay rent commences shall be subject to all the terms and conditions of the Lease except the payment of Rent. Upon such approval Tenant's entry shall mean entry by Tenant, its officers, contractors, licensees, agents, servants, employees, guests, invitees, or confirmation by Landlord that the Change Order will not result in any change in cost and/or Schedule, Landlord shall implement the Change Order as part of the Tenant Improvements. Tenant acknowledges that the following items may result in changes to the Budget and/or Schedule:
(i) Municipal or other governmental inspectors require changes to the Premises such as code compliance changes. In such event, Landlord will notify Tenant of the required changes, but the increased cost of such changes, if any, and any delay associated with such changes shall be the responsibility of Tenantvisitors.
(ii7) Change Orders approved Tenant shall promptly reimburse Landlord upon demand for any reasonable expense actually incurred by Tenant. Any increased costs and delays due to such approved Change Orders shall be the responsibility Landlord by reason of Tenant. Any faulty work done by Tenant or its contractors or by reason of any delays caused by such approved Change Orders shall not delay the Commencement Date of the Lease. Landlord shall not charge Tenant any administrative fees in respect of any Change Orders. Tenant shall have five (5) business days to review and approve all Change Orders and any additional review time by Tenant shall be a Tenant Delay.
(iii) If materials are not readily available, require quick ship chargeswork, or require substitutionby reason of inadequate, provided Landlord shall identify any such materials within ten (10) days of final approval of the Plans, and in any such case, Tenant will be given notice and the opportunity to select alternate materialsclean-up.
(iv) Any Tenant Delay.
Appears in 1 contract
Samples: Sub Sublease (Divx Inc)
Construction of Tenant Improvements. Section 3.01 Pricing of Tenant Improvements --------------------------------------------
(a) Within ten (10) Working Days after final approval of the Tenant Improvement Construction Documents, Landlord or Tenant (the selection of which shall be at Tenant's option) shall obtain all state and local licenses, permits and approvals (whether governmental or non‑governmental) required to construct a price proposal for the Tenant Improvements and for from Contractor. Such price proposal shall be subject to Tenant's occupancy review and approval, which approval by Tenant shall not be unreasonably withheld or delayed. Should Tenant desire to seek adjustments of such price proposal, Tenant shall work promptly with Tenant's Architect and Contractor to alter the PremisesTenant Improvement Construction Documents to cause the price quotation to be acceptable to Tenant and to establish the Tenant Improvement Costs. Landlord shall provide access to the General Contractor for Construction Upon determination of the Tenant Improvements Improvement Costs and to the extent such access requires entry through space occupied by other tenants, Landlord shall provide for such access at its sole cost and expense. The Landlord shall engage, subject to Tenant’s reasonable approval, a general contractor to construct written approval of the Tenant Improvements Improvement Construction Documents by Tenant, Tenant shall have given final approval of the same, and Landlord or Tenant, (the “General Contractor”). The General selection of which shall be at Tenant's option) shall be authorized to proceed with contracting with Contractor shall construct for the construction and install installation of the Tenant Improvements in accordance with the Plans which expense shall be deducted from the Tenant Improvement Allowance. The Construction Documents.
(b) Included in the pricing for the Tenant Improvements shall be delivered via Associated General Contractors (AGC) Guaranteed Maximum Price Contract (the "Contract") with Liquidated Damages cost of $500.00 per day for each day of delay in achieving in substantial completion beyond the date specified in the Contractthose Building Standard Materials which Tenant is obligated to purchase under this Work Letter, which date shall be no later than October 1, 2010, and a payment and performance bond. Any Liquidated Damages (less cost of collection) paid to Landlord shall accrue to the Tenant; provided, however, any paid Liquidated Damages purchased by Tenant in appropriate quantities for any Tenant Delay shall accrue to Landlord. The General Contractor shall obtain at least three (3) bids for all major trade work at the Premises. Landlord will work with the General Contractor to complete the Tenant Improvements by the Commencement Date. All contracts with vendors and subcontractors for construction The cost of the Tenant Improvements will be negotiated by the General Contractor. All work performed in connection with the construction of the Premises such Building Standard Materials shall be performed in a good and workmanlike mannercharged against the Allowance, in accordance with all Applicable Laws and to the final approved Plans. If materials are not readily extent available, require quick ship charges, or require substitution, the Tenant will be given notice and the opportunity to select alternate materials. Landlord shall insure that be entitled to provide Contractor with Building Standard Materials at Tenant's cost (charged against the Architect conducts a periodic review (a minimum of once every two weeks) of the progress of construction to ensure compliance with the Plans. Tenant may from time to time request in writing changes Allowance, to the Plans (a “Change Order”extent available), subject to Landlord’s consent, which shall not be unreasonably withheld. Landlord shall cause Contractor to provide an estimate of any change in the Construction Cost and/or Schedule. Tenant shall have the right to elect whether or not to proceed with the Change Order within five (5) business days after receipt of such estimate. Upon such approval by Tenant, or confirmation by Landlord that the Change Order will not result in any change in cost and/or Schedule, Landlord shall implement the Change Order as part of the Tenant Improvements. Tenant acknowledges that the following items may result in changes to the Budget and/or Schedule:
(i) Municipal or other governmental inspectors require changes to the Premises such as code compliance changes. In such event, Landlord will notify Tenant of the required changes, but the increased cost of such changes, if any, and any delay associated with such changes shall be the responsibility of Tenant.
(ii) Change Orders approved by Tenant. Any increased costs and delays due to such approved Change Orders shall be the responsibility of Tenant. Any delays caused by such approved Change Orders shall not delay the Commencement Date of the Lease. Landlord shall not charge Tenant any administrative fees in respect of any Change Orders. Tenant shall have five (5) business days to review and approve all Change Orders and any additional review time by Tenant shall be a Tenant Delay.
(iii) If materials are not readily available, require quick ship charges, or require substitution, provided Landlord shall identify any such materials within ten (10) days of final approval of the Plans, and in any such case, Tenant will be given notice and the opportunity to select alternate materials.
(iv) Any Tenant Delay.
Appears in 1 contract
Samples: Lease Agreement (Simmons Co /Ga/)
Construction of Tenant Improvements. Landlord shall obtain all state and local licenses, permits and approvals (whether governmental or non‑governmental) required to construct the Tenant Improvements and for Tenant's occupancy 5.1 Upon Landlord’s approval of the Premises. Landlord shall provide access to Plans including the General Contractor for Construction binding estimate of the cost of the Tenant Improvements and to the extent such access requires entry through space occupied by other tenantsImprovements, Landlord Tenant shall provide for such access at cause its sole cost and expense. The Landlord shall engage, subject to Tenant’s reasonable approval, a general contractor to construct the Tenant Improvements (the “General Contractor”). The General Contractor shall construct proceed to secure a building permit and install the Tenant Improvements in accordance with the Plans which expense shall be deducted from the Tenant Improvement Allowance. The Tenant Improvements shall be delivered via Associated General Contractors (AGC) Guaranteed Maximum Price Contract (the "Contract") with Liquidated Damages of $500.00 per day for each day of delay in achieving in substantial completion beyond the date specified in the Contract, which date shall be no later than October 1, 2010, and a payment and performance bond. Any Liquidated Damages (less cost of collection) paid to Landlord shall accrue to the Tenant; provided, however, any paid Liquidated Damages for any Tenant Delay shall accrue to Landlord. The General Contractor shall obtain at least three (3) bids for all major trade work at the Premises. Landlord will work with the General Contractor to complete the Tenant Improvements by the Commencement Date. All contracts with vendors and subcontractors for commence construction of the Tenant Improvements will provided that Landlord shall cooperate with Tenant in executing permit applications and performing other actions reasonably necessary to enable Tenant to obtain any required permits or certificates of occupancy.
5.2 Landlord shall not be negotiated liable for any direct or indirect damages suffered by Tenant as a result of delays in construction beyond Landlord’s reasonable control as set forth in Section 37(h), or delays caused by Tenant (including delays by the General Contractor. Space Planner, the contractor or anyone else performing services on behalf of Landlord or Tenant).
5.3 For any work is to be performed on the Premises by Tenant or Tenant’s contractor or agents:
(a) Such work shall proceed upon Landlord’s written approval of Tenant’s contractor, public liability and property damage insurance carried by Tenant’s contractor, and detailed plans and specifications for such work, shall be at Tenant’s sole cost and expense and shall further be subject to the provisions of Paragraphs 10 and 13 of the Lease.
(b) All work performed shall be done in connection conformity with the construction a valid building permit when required, a copy of the Premises which shall be furnished to Landlord before such work is commenced, and in any case, all such work shall be performed in a good and workmanlike manner, in accordance with all Applicable Laws and the final approved Plansapplicable Regulations. If materials are not readily availableNotwithstanding any failure by Landlord to object to any such work, require quick ship charges, or require substitution, the Tenant will be given notice and the opportunity to select alternate materials. Landlord shall insure that have no responsibility for Tenant’s failure to comply with all applicable Regulations.
(c) Intentionally left blank.
(d) Tenant’s entry to the Architect conducts a periodic review (a minimum Premises for any purpose, including, without limitation, inspection or performance of once every two weeks) Tenant construction by Tenant’s agents, prior to the date Tenant’s obligation to pay rent commences shall be subject to all the terms and conditions of the progress Lease except the payment of construction to ensure compliance with the PlansRent. Tenant may from time to time request in writing changes to the Plans (a “Change Order”), subject to LandlordTenant’s consent, which entry shall not be unreasonably withheld. Landlord shall cause Contractor to provide an estimate of any change in the Construction Cost and/or Schedule. Tenant shall have the right to elect whether or not to proceed with the Change Order within five (5) business days after receipt of such estimate. Upon such approval mean entry by Tenant, its officers, contractors, licensees, agents, servants, employees, guests, invitees, or confirmation by Landlord that the Change Order will not result in any change in cost and/or Schedule, Landlord shall implement the Change Order as part of the Tenant Improvements. Tenant acknowledges that the following items may result in changes to the Budget and/or Schedule:
(i) Municipal or other governmental inspectors require changes to the Premises such as code compliance changes. In such event, Landlord will notify Tenant of the required changes, but the increased cost of such changes, if any, and any delay associated with such changes shall be the responsibility of Tenantvisitors.
(iie) Change Orders approved by Tenant. Any increased costs and delays due to such approved Change Orders shall be the responsibility of Tenant. Any delays caused by such approved Change Orders shall not delay the Commencement Date of the Lease. Landlord shall not charge Tenant any administrative fees in respect of any Change Orders. Tenant shall have five (5) business days advise Landlord in writing prior to review commencing any work at the Premises so that Landlord may file and approve all Change Orders and any additional review time by Tenant shall be post a Tenant Delaynotice of non-responsibility.
(iii) If materials are not readily available, require quick ship charges, or require substitution, provided Landlord shall identify any such materials within ten (10) days of final approval of the Plans, and in any such case, Tenant will be given notice and the opportunity to select alternate materials.
(iv) Any Tenant Delay.
Appears in 1 contract
Samples: Lease Agreement (Health Net Inc)
Construction of Tenant Improvements. Landlord shall obtain all state and local licensesLandlord, permits and approvals (whether governmental or non‑governmental) required to construct the Tenant Improvements and for Tenant's occupancy of the Premises. Landlord shall provide access to the General Contractor for Construction of the Tenant Improvements and to the extent such access requires entry through space occupied by other tenants, Landlord shall provide for such access at its Landlord’s sole cost and expense, shall provide Tenant Improvements based on the approved space plan and work letter Tenant’s Improvements shall be constructed and installed in a good and workmanlike manner and all materials used shall be of a quality comparable to those in the Building. The Any additional Tenant Improvements beyond the scope of specifications on the approved space plan and work letter attached herein as “Exhibit C” shall be at the sole cost and expense of the Tenant. All Tenant Improvements shall be and remain the property of Landlord upon termination of this Lease; except as set forth in Section 13. To the extent that there are any additional Tenant’s Improvements to be completed by Tenant, such Tenant’s Improvements shall be constructed and installed in a good and workmanlike manner and all materials used shall be of a quality comparable to those in the Building. Tenant shall maintain a safe working environment, including the continuation of all fire and security protection devices, if any, previously installed in the Premises by Landlord. All damages or injury done to the Premises or the Building by Tenant or by any persons who may be in or upon the Premises or the Building with the express or implied consent of Tenant, including but not limited to the cracking or breaking of any glass of windows and doors, shall be paid for by Tenant and Tenant shall pay for all damage to the Building caused by acts or omissions of Tenant or Tenant’s officers, contractors, subcontractors, agents, invitees, licensees, employees, successors or assigns. Landlord’s consent to or oversight of any work by Tenant, shall not be deemed a warranty as to the adequacy of the design, workmanship or quality of materials, and Landlord hereby expressly disclaims any responsibility or liability for the same, except with respect to Landlord’s intentional misconduct. Landlord shall engageunder no circumstances have any obligation to repair, subject to Tenant’s reasonable approval, a general contractor to construct maintain or replace any portion of any Tenant Improvements. Tenant has previously submitted the Plans and Specifications for Tenant Improvements (the “General ContractorPlans”). The General Contractor shall construct and install the Tenant Improvements in accordance with the Plans which expense shall be deducted from the Tenant Improvement Allowance. The Tenant Improvements shall be delivered via Associated General Contractors (AGC) Guaranteed Maximum Price Contract (the "Contract") with Liquidated Damages of $500.00 per day for each day of delay in achieving in substantial completion beyond the date specified in the Contract, which date shall be no later than October 1, 2010, and a payment and performance bond. Any Liquidated Damages (less cost of collection) paid to Landlord shall accrue which are approved by Landlord. Tenant will promptly notify Landlord of any changes to the Tenant; provided, however, any paid Liquidated Damages for any Tenant Delay shall accrue to Landlord. The General Contractor shall obtain at least three (3) bids for all major trade work at the Premises. Landlord will work with the General Contractor to complete the Tenant Improvements Final Plans that are required by the Commencement Date. All contracts with vendors and subcontractors for construction City of the Tenant Improvements will be negotiated by the General Contractor. All work performed Seattle, in connection with the construction of the Premises shall be performed in a good and workmanlike manner, in accordance with all Applicable Laws and the final approved Plans. If materials are not readily available, require quick ship charges, or require substitutionany required permit approval, the Tenant will be given notice and the opportunity to select alternate materials. Landlord shall insure that the Architect conducts a periodic review (a minimum of once every two weeks) of the progress of construction to ensure compliance with the Plans. Tenant may from time to time request in writing changes to the Plans (a “Change Order”), subject to Landlord’s consent, which shall not be unreasonably withheld. Landlord shall cause Contractor to provide an estimate costs of any such change in the Construction Cost and/or Schedule. Tenant shall have the right to elect whether or not to proceed with the Change Order within five (5) business days after receipt of such estimate. Upon such approval by Tenant, or confirmation by Landlord that the Change Order will not result in any change in cost and/or Schedule, Landlord shall implement the Change Order as part of the Tenant Improvements. Tenant acknowledges that the following items may result in changes to the Budget and/or Schedule:
(i) Municipal or other governmental inspectors require changes to the Premises such as code compliance changes. In such event, Landlord will notify Tenant of the required changes, but the increased cost of such changes, if any, and any delay associated with such changes shall be the responsibility of Tenant.
(ii) Change Orders approved by Tenant. Any increased costs and delays due to such approved Change Orders shall be the sole responsibility of Tenant. Any delays caused by such approved Change Orders shall not delay Landlord will approve or reasonably disapprove the Commencement Date required changes in writing within five days after receiving notice of the Leasesame. If Landlord shall not charge reasonably disapproves the changes required by the City of Seattle, Landlord and Tenant any administrative fees in respect will cooperate to develop changes to the Final Plans that are approved by both Landlord and the City of any Change OrdersSeattle. Tenant shall have five (5) business days to review will not occupy the Premises before the substantial completion of Tenant Improvements without Landlord’s prior written consent, which may be withheld in Landlord’s sole discretion. If Landlord consents, Tenant, during the early occupancy period, may only install Tenant’s furniture, fixtures and approve equipment and must comply with and observe all Change Orders terms and conditions of this Lease and any additional review time site rules imposed by Tenant shall be a Tenant DelayLandlord’s contractor.
(iii) If materials are not readily available, require quick ship charges, or require substitution, provided Landlord shall identify any such materials within ten (10) days of final approval of the Plans, and in any such case, Tenant will be given notice and the opportunity to select alternate materials.
(iv) Any Tenant Delay.
Appears in 1 contract
Construction of Tenant Improvements. Landlord Tenant shall obtain all state and local licenses, permits and approvals (whether governmental construct or non‑governmental) required cause to construct be constructed the Tenant Improvements and for tenant improvements comprising Tenant's occupancy of the Premises. Landlord shall provide access to the General Contractor for Construction of the Work ("Tenant Improvements and to the extent such access requires entry through space occupied by other tenants, Landlord shall provide for such access at its sole cost and expense. The Landlord shall engage, subject to Tenant’s reasonable approval, a general contractor to construct the Tenant Improvements (the “General Contractor”). The General Contractor shall construct and install the Tenant Improvements Improvements") in accordance with the approved Final Plans which expense and with each of the following requirements:
(a) Tenant shall be deducted from submit to Landlord the name of Xxxxxx's proposed contractor, a copy of the construction contract between Tenant Improvement Allowance. The Tenant Improvements shall be delivered via Associated General Contractors (AGC) Guaranteed Maximum Price Contract (the "Contract") with Liquidated Damages of $500.00 per day for each day of delay in achieving in substantial completion beyond the date specified in the Contract, which date shall be no later than October 1, 2010and its contractor, and a payment certificate of public liability and performance bond. Any Liquidated Damages (property damage insurance in an amount no less cost of collection) paid to than one million dollars carried by Xxxxxx's contractor naming Landlord shall accrue to the Tenant; provided, however, any paid Liquidated Damages for any Tenant Delay shall accrue to Landlord. The General Contractor shall obtain as an additional insured at least three (3) bids for all major trade work at the Premises. Landlord will work with the General Contractor to complete the Tenant Improvements by the Commencement Date. All contracts with vendors and subcontractors for construction of the Tenant Improvements will be negotiated by the General Contractor. All work performed in connection with the construction of the Premises shall be performed in a good and workmanlike manner, in accordance with all Applicable Laws and the final approved Plans. If materials are not readily available, require quick ship charges, or require substitution, the Tenant will be given notice and the opportunity to select alternate materials. Landlord shall insure that the Architect conducts a periodic review (a minimum of once every two weeks) of the progress of construction to ensure compliance with the Plans. Tenant may from time to time request in writing changes to the Plans (a “Change Order”), subject to Landlord’s consent, which shall not be unreasonably withheld. Landlord shall cause Contractor to provide an estimate of any change in the Construction Cost and/or Schedule. Tenant shall have the right to elect whether or not to proceed with the Change Order within five (5) business days after receipt before the date Tenant wishes to commence construction of such estimate. Upon such approval by Tenant, or confirmation by Landlord that the Change Order will not result in any change in cost and/or Schedule, Landlord shall implement the Change Order as part of the Tenant Improvements. Tenant acknowledges The contractor's policy of insurance shall contain an endorsement providing that the following items may result in changes insurance cannot be cancelled or modified unless Landlord has EXHIBIT F RULES AND REGULATIONS
1. Signs and Windows
(a) No sign, placard, picture, advertisement, name or notice shall be inscribed, displayed, or printed or affixed on or to the Budget and/or Schedule:
(i) Municipal outside or other governmental inspectors require changes to the Premises such as code compliance changes. In such event, Landlord will notify Tenant inside of the required changes, but the increased cost Building without prior written consent of such changes, if anyLandlord, and it may remove any delay associated with such changes shall be unauthorized sign, placard, picture, advertisement, name or notice without notice to and at the responsibility expense of Tenant.
(iib) Change Orders All approved by Tenant. Any increased costs and delays due to such approved Change Orders signs, or lettering shall be printed, painted, affixed or inscribed at the responsibility expense of Tenant. Any delays caused Tenant by such a person approved Change Orders of by Landlord.
(c) Tenant shall not delay place or allow anything to be placed near the Commencement Date glass of any window, door, partition or wall which may appear unsightly from outside the LeasePremises. Landlord shall not charge Tenant any administrative fees in respect of any Change Ordersmay, at Xxxxxxxx's expense, furnish and install a building standard window covering at all exterior windows. Tenant shall have five (5) business days to review and approve all Change Orders and not without prior written consent of Landlord sunscreen any additional review time by Tenant shall be a Tenant Delaywindow.
(iii) If materials are not readily available, require quick ship charges, or require substitution, provided Landlord shall identify any such materials within ten (10) days of final approval of the Plans, and in any such case, Tenant will be given notice and the opportunity to select alternate materials.
(iv) Any Tenant Delay.
Appears in 1 contract
Construction of Tenant Improvements. Landlord 5.1 Within ten (10) days after Tenant's and Landlord's approval of the Plans, Tenant shall obtain cause the contractor to proceed to secure a building permit and commence construction of the Tenant Improvements provided that the Building has in Landlord's discretion reached the stage of construction where it is appropriate to commence construction of the Tenant Improvements in the Premises.
5.2 Tenant shall be responsible for obtaining all state governmental approvals to the full extent necessary for the construction and local licenses, permits and approvals (whether governmental or non‑governmental) required to construct installation of the Tenant Improvements and for Tenant's occupancy of the Premises, in compliance with all applicable Regulations. Tenant shall employ Xxxxxx & Co. as the contractor or such other contractor or contractors as shall be approved by Landlord shall provide access to the General Contractor for Construction of the Tenant Improvements and to the extent such access requires entry through space occupied by other tenants, Landlord shall provide for such access at its sole cost and expense. The Landlord shall engage, subject to Tenant’s reasonable approval, a general contractor in writing to construct the Tenant Improvements (in conformance with the “General Contractor”)approved Space Plan and Plans. The General Contractor shall construct construction contracts between Tenant and install the Tenant Improvements in accordance with the Plans which expense approved contractor shall be deducted from the Tenant Improvement Allowance. The Tenant Improvements shall be delivered via Associated General Contractors (AGC) Guaranteed Maximum Price Contract (the "Contract") with Liquidated Damages of $500.00 per day for each day of delay in achieving in substantial completion beyond the date specified in the Contract, which date shall be no later than October 1, 2010, and a payment and performance bond. Any Liquidated Damages (less cost of collection) paid to Landlord shall accrue to the Tenant; provided, however, any paid Liquidated Damages for any Tenant Delay shall accrue to Landlord. The General Contractor shall obtain at least three (3) bids for all major trade work at the Premises. Landlord will work with the General Contractor to complete the Tenant Improvements by the Commencement Date. All contracts with vendors and subcontractors for construction of the Tenant Improvements will be negotiated by the General Contractor. All work performed in connection with the construction of the Premises shall be performed in a good and workmanlike manner, in accordance with all Applicable Laws and the final approved Plans. If materials are not readily available, require quick ship charges, or require substitution, the Tenant will be given notice and the opportunity to select alternate materials. Landlord shall insure that the Architect conducts a periodic review (a minimum of once every two weeks) of the progress of construction to ensure compliance with the Plans. Tenant may from time to time request in writing changes to the Plans (a “Change Order”), subject to Landlord’s consent's prior reasonable approval and shall provide for progress payments made directly to the contractor. The contractor(s) shall be duly licensed and Landlord's approval of the contractor(s) shall be conditioned, which among other things, upon the contractor's reputation for quality of work, timeliness of performance, integrity and Landlord's prior experience with such contractor.
5.3 Landlord shall not be unreasonably withheld. Landlord shall cause Contractor liable for any direct or indirect damages suffered by Tenant as a result of delays in construction beyond Landlord's reasonable control, including, but not limited to, delays due to provide an estimate strikes or unavailability of any change in the Construction Cost and/or Schedule. Tenant shall have the right to elect whether materials or not to proceed with the Change Order within five (5) business days after receipt of such estimate. Upon such approval by Tenantlabor, or confirmation delays caused by Tenant (including delays by the Space Planner, the contractor or anyone else performing services on behalf of Landlord that or Tenant).
5.4 All work to be performed on the Change Order will not result in any change in cost and/or Schedule, Landlord Premises by Tenant or Tenant's contractor or agents shall implement the Change Order as part of the Tenant Improvements. Tenant acknowledges that be subject to the following items may result in changes to the Budget and/or Scheduleconditions:
(ia) Municipal or other governmental inspectors require changes Such work shall proceed upon Landlord's written approval of Tenant's contractor, and public liability and property damage insurance carried by Tenant's contractor, and shall further be subject to the Premises such as code compliance changes. In such event, Landlord will notify Tenant provisions of the required changes, but the increased cost of such changes, if any, Paragraphs 7.1 and any delay associated with such changes shall be the responsibility of Tenant.
(ii) Change Orders approved by Tenant. Any increased costs and delays due to such approved Change Orders shall be the responsibility of Tenant. Any delays caused by such approved Change Orders shall not delay the Commencement Date of the Lease. Landlord shall not charge Tenant any administrative fees in respect of any Change Orders. Tenant shall have five (5) business days to review and approve all Change Orders and any additional review time by Tenant shall be a Tenant Delay.
(iii) If materials are not readily available, require quick ship charges, or require substitution, provided Landlord shall identify any such materials within ten (10) days of final approval of the Plans, and in any such case, Tenant will be given notice and the opportunity to select alternate materials.
(iv) Any Tenant Delay.7.3
Appears in 1 contract
Samples: Office Lease (Intraware Inc)
Construction of Tenant Improvements. (a) Landlord shall, through a general contractor proposed by Landlord and approved by Tenant (the "Contractor") furnish and install within the Leased Premises, certain items of general construction (the "Tenant Improvements") to be determined in the manner described in Paragraph 2 below. Landlord shall obtain all state and local licenses, permits and approvals (whether governmental or non‑governmental) required to construct cause the Tenant Improvements to be constructed by the Contractor in accordance with the plans and for Tenant's occupancy specifications to be approved by Landlord and Tenant pursuant to Paragraph 2 below. The quantities, character and manner of the Premises. Landlord shall provide access to the General Contractor for Construction installation of all of the Tenant Improvements and shall be subject to the extent such access requires entry through space occupied limitations imposed by other tenantsany applicable governmental regulations relating to conservation of energy and by applicable building codes and regulations and, subject thereto, Landlord shall provide for cause all such access at its sole cost work to be done by Contractor in accordance with all applicable governmental codes and expenseregulations and pursuant to all applicable building permits required therefore. The Landlord shall engageIn addition, subject to Tenant’s reasonable approval, a general contractor to construct Tenant agrees that the Tenant Improvements shall not require Landlord to perform work which would (i) require changes to structural components of the “General Contractor”Building or the exterior design of the Building; (ii) require any material modification to the Building's mechanical or electrical systems; or (iii) be incompatible with the Building plans filed with the City of Santa Cxxxx. If any of the Tenant Improvements are specialized improvements particular to Tenant's use of the Leased Premises, Landlord may require that such Tenant Improvements be removed at the expiration or earlier termination of the Lease, in which case Landlord shall notify Tenant in writing upon delivery to Tenant of the Working Drawings (pursuant to Section3 below). The General .
(b) Landlord shall enter into a construction contract with the Contractor shall construct and install for the construction of the Tenant Improvements in accordance with the Plans a form reasonably approved by Tenant, which expense approval shall not be unreasonably withheld and shall be deducted from the Tenant Improvement Allowance. The Tenant Improvements shall be delivered via Associated General Contractors (AGC) Guaranteed Maximum Price Contract (the "Contract") with Liquidated Damages of $500.00 per day for each day of delay in achieving in substantial completion beyond the date specified in the Contract, which date shall be no later than October 1, 2010, a contract price acceptable to both Landlord and a payment and performance bond. Any Liquidated Damages (less cost of collection) paid to Landlord shall accrue to the Tenant; provided, however, any paid Liquidated Damages for any Tenant Delay shall accrue to Landlord. The General Contractor shall obtain at least three (3) bids for all major trade work at that if the Premises. Landlord will work with the General Contractor to complete cost of constructing the Tenant Improvements by shall be less than the Commencement Date. All contracts with vendors and subcontractors for construction amount of the Tenant Improvement Allowance (as defined below), Landlord shall not be required to obtain Tenant's approval as to the cost of such construction. The construction contract for the Tenant Improvements will shall contain warranties of a nature customary in the marketplace that shall be negotiated assignable to and enforceable by Tenant against the Contractor and shall require that the Contractor designate Tenant as an additional insured as to all insurance to be carried by the General Contractor. All work performed Contractor (including public liability insurance in an amount of at least $2,000,000) in connection with the construction of the Premises shall be performed in a good and workmanlike manner, in accordance with all Applicable Laws and the final approved Plans. If materials are not readily available, require quick ship charges, or require substitution, the Tenant will be given notice and the opportunity to select alternate materials. Landlord shall insure that the Architect conducts a periodic review (a minimum of once every two weeks) of the progress of construction to ensure compliance with the Plans. Tenant may from time to time request in writing changes to the Plans (a “Change Order”), subject to Landlord’s consent, which shall not be unreasonably withheld. Landlord shall cause Contractor to provide an estimate of any change in the Construction Cost and/or Schedule. Tenant shall have the right to elect whether or not to proceed with the Change Order within five (5) business days after receipt of such estimate. Upon such approval by Tenant, or confirmation by Landlord that the Change Order will not result in any change in cost and/or Schedule, Landlord shall implement the Change Order as part of the Tenant Improvements. Tenant acknowledges that the following items may result in changes to the Budget and/or Schedule:
(i) Municipal or other governmental inspectors require changes to the Premises such as code compliance changes. In such event, Landlord will notify Tenant of the required changes, but the increased cost of such changes, if any, and any delay associated with such changes shall be the responsibility of Tenant.
(ii) Change Orders approved by Tenant. Any increased costs and delays due to such approved Change Orders shall be the responsibility of Tenant. Any delays caused by such approved Change Orders shall not delay the Commencement Date of the Lease. Landlord shall not charge Tenant any administrative fees in respect of any Change Orders. Tenant shall have five (5) business days to review and approve all Change Orders and any additional review time by Tenant shall be a Tenant Delay.
(iii) If materials are not readily available, require quick ship charges, or require substitution, provided Landlord shall identify any such materials within ten (10) days of final approval of the Plans, and in any such case, Tenant will be given notice and the opportunity to select alternate materials.
(iv) Any Tenant Delay.
Appears in 1 contract
Samples: Lease Agreement (Vantive Corp)
Construction of Tenant Improvements. Landlord shall obtain all state and local licenses, permits and approvals (whether governmental or non‑governmentalnon-governmental) required to construct the Tenant Improvements and for Tenant's ’s occupancy of the Premises. Landlord shall provide access to the General Contractor for Construction of the Tenant Improvements and to the extent such access requires entry through space occupied by other tenants, Landlord shall provide for such access at its sole cost and expense. The Landlord shall engage, subject to Tenant’s reasonable approval, a general contractor to construct the Tenant Improvements (the “General Contractor”). The General Contractor shall construct and install the Tenant Improvements in accordance with the Plans which expense shall be deducted from the Tenant Improvement Allowance. The Tenant Improvements shall be delivered via Associated General Contractors (AGC) Guaranteed Maximum Price Contract (the "“Contract"”) with Liquidated Damages of $500.00 per day for each day of delay in achieving in substantial completion beyond the date specified in the Contract, which date shall be no later than October 1, 2010, and a payment and performance bond. Any Liquidated Damages (less cost of collection) paid to Landlord shall accrue to the Tenant; provided, however, any paid Liquidated Damages for any Tenant Delay shall accrue to Landlord. The General Contractor shall obtain at least three (3) bids for all major trade work at the Premises. Landlord will work with the General Contractor to complete the Tenant Improvements by the Commencement Date. All contracts with vendors and subcontractors for construction of the Tenant Improvements will be negotiated by the General Contractor. All work performed in connection with the construction of the Premises shall be performed in a good and workmanlike manner, in accordance with all Applicable Laws and the final approved Plans. If materials are not readily available, require quick ship charges, or require substitution, the Tenant will be given notice and the opportunity to select alternate materials. Landlord shall insure that the Architect conducts a periodic review (a minimum of once every two weeks) of the progress of construction to ensure compliance with the Plans. Tenant may from time to time request in writing changes to the Plans (a “Change Order”), subject to Landlord’s consent, which shall not be unreasonably withheld. Landlord shall cause Contractor to provide an estimate of any change in the Construction Cost and/or Schedule. Tenant shall have the right to elect whether or not to proceed with the Change Order within five (5) business days after receipt of such estimate. Upon such approval by Tenant, or confirmation by Landlord that the Change Order will not result in any change in cost and/or Schedule, Landlord shall implement the Change Order as part of the Tenant Improvements. Tenant acknowledges that the following items may result in changes to the Budget and/or Schedule:
(i) Municipal or other governmental inspectors require changes to the Premises such as code compliance changes. In such event, Landlord will notify Tenant of the required changes, but the increased cost of such changes, if any, and any delay associated with such changes shall be the responsibility of Tenant.
(ii) Change Orders approved by Tenant. Any increased costs and delays due to such approved Change Orders shall be the responsibility of Tenant. Any delays caused by such approved Change Orders shall not delay the Commencement Date of the Lease. Landlord shall not charge Tenant any administrative fees in respect of any Change Orders. Tenant shall have five (5) business days to review and approve all Change Orders and any additional review time by Tenant shall be a Tenant Delay.
(iii) If materials are not readily available, require quick ship charges, or require substitution, provided Landlord shall identify any such materials within ten (10) days of final approval of the Plans, and in any such case, Tenant will be given notice and the opportunity to select alternate materials.
(iv) Any Tenant Delay.
Appears in 1 contract
Construction of Tenant Improvements. Landlord shall obtain all state and local licenses, permits and approvals (whether governmental or non‑governmental) required to construct the Tenant Improvements and for 3.1 Contracts with Tenant's occupancy of the PremisesContractor and Subcontractors. Landlord -----------------------------------------------------
(a) Tenant shall provide access to the General Contractor for Construction of the Tenant Improvements and to the extent such access requires entry through space occupied by other tenants, Landlord shall provide for such access at its sole cost and expense. The Landlord shall engage, subject to Tenant’s reasonable approval, retain a licensed general contractor to construct as the Tenant Improvements (contractor for the “General Contractor”). The General Contractor shall construct and install the Tenant Improvements in accordance with the Plans which expense shall be deducted from the Tenant Improvement Allowance. The Tenant Improvements shall be delivered via Associated General Contractors (AGC) Guaranteed Maximum Price Contract (the "Contract") with Liquidated Damages of $500.00 per day for each day of delay in achieving in substantial completion beyond the date specified in the Contract, which date shall be no later than October 1, 2010, and a payment and performance bond. Any Liquidated Damages (less cost of collection) paid to Landlord shall accrue to the Tenant; provided, however, any paid Liquidated Damages for any Tenant Delay shall accrue to Landlord. The General Contractor shall obtain at least three (3) bids for all major trade work at the Premises. Landlord will work with the General Contractor to complete the Tenant Improvements by the Commencement Date. All contracts with vendors and subcontractors for construction of the Tenant Improvements will ("Tenant's Contractor"). Tenant's Contractor must be negotiated by experienced in the General Contractor. All performance of work performed in connection with comparable to the construction work of the Premises Tenant Improvements in buildings comparable to the Building, and shall be performed in a good and workmanlike manner, in accordance with all Applicable Laws and the final approved Plans. If materials are not readily available, require quick ship charges, or require substitution, the Tenant will be given notice and the opportunity to select alternate materials. Landlord shall insure that the Architect conducts a periodic review (a minimum of once every two weeks) of the progress of construction to ensure compliance with the Plans. Tenant may from time to time request in writing changes to the Plans (a “Change Order”), subject to Landlord’s consent's prior approval, which approval shall not be unreasonably withheld. Landlord shall cause Contractor to provide an estimate of any change in the Construction Cost and/or Schedulewithheld or delayed. Tenant shall have the right to elect whether competitively bid the Tenant Improvement Work to three (3) qualified general contractors mutually acceptable to Landlord and Tenant. All subcontractors, laborers, materialmen and suppliers used by Tenant (such subcontractors, laborers, materialmen and suppliers, together with Tenant's Contractor, are collectively referred to herein as "Tenant's Agents") must be approved in writing by Landlord, which approval shall not be unreasonably withheld
(b) Tenant shall furnish Landlord with true and correct copies of all construction contracts between or among Tenant, Tenant's Contractor and all subcontractors relating to the Tenant Improvement Work, provided that Landlord's review of such contracts shall not relieve Tenant from its obligations under this Work Letter nor shall such review be deemed to proceed constitute Landlord's representation that such contracts comply with the Change Order within five requirements of this Work Letter. All such contracts shall expressly provide that (5i) business days after receipt the work to be performed thereunder shall be subject to the terms and conditions of this Work Letter, including, without limitation, that such estimate. Upon work shall comply with the Tenant Construction Rules and Regulations attached hereto as Schedule 1, and (ii) the Tenant Improvement Work (or in the case of a subcontractor, the portion thereof performed by such approval by Tenant, or confirmation by subcontractor) shall be warranted in writing to Tenant and Landlord that to be free from any defects in workmanship and materials for a period of not less than one (1) year from the Change Order will not result in any change in cost and/or Schedule, Landlord shall implement the Change Order as part date of completion of the Tenant ImprovementsImprovement Work. Tenant acknowledges that the following items may result in changes agrees to the Budget and/or Schedule:
(i) Municipal give to Landlord any assignment or other governmental inspectors require changes assurances which may be necessary to permit Landlord to directly enforce such warranties (such warranties shall include, without additional charge, the Premises such repair of any portion of the Building or Common Areas which may be damaged as code compliance changesa result of the removal or replacement of the defective Tenant Improvements). Tenant shall cause Tenant's Agents to engage only labor that is harmonious and compatible with other labor working in the Building. In the event of any labor disturbance caused by persons employed by Tenant or Tenant's Contractor, Tenant shall immediately take all actions necessary to eliminate such event, Landlord will notify Tenant disturbance. If at any time any of Tenant's Agents interferes with any other occupant of the required changesBuilding, but or hinders or delays any other work of improvement in the increased cost Building, or performs any work which may or does impair the quality, integrity or performance of any portion of the Building, including any building systems, Tenant shall cause such changessubcontractor, if anylaborer, materialman or supplier to leave the Building and any delay associated with such changes shall be the responsibility of remove all tools, equipment and materials immediately upon written notice delivered to Tenant.
(ii) Change Orders approved by , and, without limiting Tenant. Any increased costs and delays due to such approved Change Orders shall be the responsibility of Tenant. Any delays caused by such approved Change Orders shall not delay the Commencement Date 's indemnity obligations set forth in Paragraph 13 of the Lease. Landlord shall not charge Tenant any administrative fees in respect of any Change Orders. , Tenant shall have five (5) business days to review and approve reimburse Landlord for all Change Orders and any additional review time costs, expenses, losses or damages incurred or suffered by Tenant shall be a Tenant DelayLandlord resulting from the acts or omissions of Tenant's Agents in or about the Building.
(iii) If materials are not readily available, require quick ship charges, or require substitution, provided Landlord shall identify any such materials within ten (10) days of final approval of the Plans, and in any such case, Tenant will be given notice and the opportunity to select alternate materials.
(iv) Any Tenant Delay.
Appears in 1 contract
Samples: Lease (Micromuse Inc)
Construction of Tenant Improvements. Landlord shall obtain all state and local licenses, permits and approvals (whether governmental or non‑governmental) required to construct After Tenant's approval of the Tenant Improvements and cost estimate for Tenant's occupancy of the Premises. Landlord shall provide access to the General Contractor for Construction of the Tenant Improvements and to the extent such access requires entry through space occupied by other tenantsPlans, Landlord shall provide for such access at its sole cost administer and expense. The Landlord shall engage, subject to Tenant’s reasonable approval, a general contractor to construct diligently prosecute the Tenant Improvements (the “General Contractor”). The General Contractor shall construct and install the construction of Tenant Improvements in accordance with the Plans which expense shall be deducted from the Tenant Improvement Allowance. The Tenant Improvements shall be delivered via Associated General Contractors (AGC) Guaranteed Maximum Price Contract (the "Contract") with Liquidated Damages of $500.00 per day for each day of delay in achieving in substantial completion beyond the date specified in the Contract, which date shall be no later than October 1, 2010, and a payment and performance bond. Any Liquidated Damages (less cost of collection) paid to Landlord shall accrue to the Tenant's Plans; provided, however, any paid Liquidated Damages for that Landlord shall not be required to install any Tenant Delay Improvements which do not conform to the plans and specifications for the Base Building, or do not conform to any applicable regulations, laws, ordinances, codes and rules; such conformity shall accrue to Landlord. The General Contractor shall obtain at least three be the obligation of Tenant (3) bids for all major trade work at the Premises. Landlord will work with the General Contractor to complete other than mechanical, electrical, plumbing and engineering components of the Tenant Improvements that are design/build by Landlord's contractor, the Commencement Dateconformity of which with Landlord's Plans and applicable laws shall be the obligation of Landlord). All contracts After the cost estimate has been approved by Landlord and Tenant as provided above, neither party shall have the right to require extra work or change orders with vendors and subcontractors for respect to the construction of the Tenant Improvements will without the prior written consent of the other, which consent shall not be negotiated by the General Contractorunreasonably withheld or delayed. All work performed change orders shall specify any change in connection with the construction cost estimate as a consequence of the Premises change order. All Tenant Improvements shall be performed constructed by Landlord's contractor, which shall be a reputable, unionized general contractor, subject to approval by Tenant which approval shall not be unreasonably withheld, who will complete the work in a good and workmanlike manner, manner and in accordance with all Applicable Laws the approved Tenant's Plans and relevant laws and codes. Subject to the final approved Plans. If materials are not readily availablelimitation on the General Contractor's fee imposed by Paragraph 5, require quick ship charges, or require substitutionTenant approves the use of Devcon Construction, the Tenant will be given notice and General Contractor for the opportunity to select alternate materials. Landlord shall insure that Base Building, as the Architect conducts a periodic review (a minimum of once every two weeks) of the progress of construction to ensure compliance with the Plans. Tenant may from time to time request in writing changes to the Plans (a “Change Order”), subject to Landlord’s consent, which shall not be unreasonably withheld. Landlord shall cause General Contractor to provide an estimate of any change in the Construction Cost and/or Schedule. Tenant shall have the right to elect whether or not to proceed with the Change Order within five (5) business days after receipt of such estimate. Upon such approval by Tenant, or confirmation by Landlord that the Change Order will not result in any change in cost and/or Schedule, Landlord shall implement the Change Order as part of for the Tenant Improvements. Tenant acknowledges that the following items may result in changes shall be entitled to the Budget and/or Schedule:
(i) Municipal or other governmental inspectors require changes to the Premises such as code compliance changes. In such event, Landlord will notify Tenant receive copies of all of the required changes, but the increased cost of such changes, if any, and any delay associated with such changes shall be the responsibility of Tenantgeneral contractor's progress payment request.
(ii) Change Orders approved by Tenant. Any increased costs and delays due to such approved Change Orders shall be the responsibility of Tenant. Any delays caused by such approved Change Orders shall not delay the Commencement Date of the Lease. Landlord shall not charge Tenant any administrative fees in respect of any Change Orders. Tenant shall have five (5) business days to review and approve all Change Orders and any additional review time by Tenant shall be a Tenant Delay.
(iii) If materials are not readily available, require quick ship charges, or require substitution, provided Landlord shall identify any such materials within ten (10) days of final approval of the Plans, and in any such case, Tenant will be given notice and the opportunity to select alternate materials.
(iv) Any Tenant Delay.
Appears in 1 contract
Samples: Sublease (Cosine Communications Inc)
Construction of Tenant Improvements. Landlord shall obtain all state and local licenses, permits and approvals (whether governmental or non‑governmental) required to construct the Tenant Improvements and for 5.1. Upon Tenant's occupancy ’s approval of the Premises. Landlord shall provide access to Plans including the General Contractor for Construction estimate of the cost of the Tenant Improvements and to Landlord’s receipt of payment of any such estimated cost exceeding the extent such access requires entry through space occupied by other tenants, Landlord shall provide for such access at its sole cost and expense. The Landlord shall engage, subject to Tenant’s reasonable approval, a general contractor to construct the Tenant Improvements (the “General Contractor”). The General Contractor shall construct and install the Tenant Improvements in accordance with the Plans which expense shall be deducted from amount of the Tenant Improvement Allowance. The Tenant Improvements shall be delivered via Associated General Contractors (AGC) Guaranteed Maximum Price Contract (the "Contract") with Liquidated Damages of $500.00 per day for each day of delay in achieving in substantial completion beyond the date specified in the Contract, which date shall be no later than October 1, 2010, and a payment and performance bond. Any Liquidated Damages (less cost of collection) paid to Landlord shall accrue cause its contractor to the Tenant; provided, however, any paid Liquidated Damages for any Tenant Delay shall accrue proceed to Landlord. The General Contractor shall obtain at least three (3) bids for all major trade work at the Premises. Landlord will work with the General Contractor to complete the Tenant Improvements by the Commencement Date. All contracts with vendors secure a building permit and subcontractors for commence construction of the Tenant Improvements will be negotiated by provided that Tenant shall cooperate with Landlord in executing permit applications and performing other actions reasonably necessary to enable Landlord to obtain any required permits or certificates of occupancy; and provided further that the General Contractor. All work performed Building has in connection with Landlord’s discretion reached the stage of construction where it is appropriate to commence construction of the Tenant Improvements in the Premises.
5.2. Without limiting the provisions of Paragraph 35 of the Lease, Landlord shall not be liable for any direct or indirect damages suffered by Tenant as a result of delays in construction beyond Landlord’s reasonable control, including, but not limited to, delays due to strikes or unavailability of materials or labor, or delays caused by Tenant (including delays by the Space Planner, the contractor or anyone else performing services on behalf of Landlord or Tenant).
5.3. If any work is to be performed on the Premises by Tenant or Tenant’s contractor or agents:
(a) Such work shall proceed upon Landlord’s written approval of Tenant’s contractor, public liability and property damage insurance carried by Tenant’s contractor, and detailed plans and specifications for such work, shall be at Tenant’s sole cost and expense and shall further be subject to the provisions of Paragraphs 12 and 27 of the Lease.
(b) All work shall be done in conformity with a valid building permit when required, a copy of which shall be furnished to Landlord before such work is commenced, and in any case, all such work shall be performed in a good and workmanlike manneraccordance with all applicable Regulations. Notwithstanding any failure by Landlord to object to any such work, Landlord shall have no responsibility for Tenant’s failure to comply with all applicable Regulations.
(c) If required by Landlord or any lender of Landlord, all work by Tenant or Tenant’s contractor or agents shall be done with union labor in accordance with all Applicable Laws union labor agreements applicable to the trades being employed.
(d) All work by Tenant or Tenant’s contractor or agents shall be scheduled through Landlord.
(e) Tenant or Tenant’s contractor or agents shall arrange for necessary utility, hoisting and elevator service with Landlord’s conductor and shall pay such reasonable charges for such services as may be charged by Tenant’s or Landlord’s contractor.
(f) Tenant’s entry to the final approved Plans. If materials are not readily availablePremises for any purpose, require quick ship chargesincluding, without limitation, inspection or require substitutionperformance of Tenant construction by Tenant’s agents, prior to the Tenant will date Tenant’s obligation to pay rent commences shall be given notice subject to all the terms and the opportunity to select alternate materials. Landlord shall insure that the Architect conducts a periodic review (a minimum of once every two weeks) conditions of the progress Lease except the payment of construction to ensure compliance with the PlansRent. Tenant may from time to time request in writing changes to the Plans (a “Change Order”), subject to LandlordTenant’s consent, which entry shall not be unreasonably withheld. Landlord shall cause Contractor to provide an estimate of any change in the Construction Cost and/or Schedule. Tenant shall have the right to elect whether or not to proceed with the Change Order within five (5) business days after receipt of such estimate. Upon such approval mean entry by Tenant, its officers, contractors, licensees, agents, servants, employees, guests, invitees, or confirmation by Landlord that the Change Order will not result in any change in cost and/or Schedule, Landlord shall implement the Change Order as part of the Tenant Improvements. Tenant acknowledges that the following items may result in changes to the Budget and/or Schedule:
(i) Municipal or other governmental inspectors require changes to the Premises such as code compliance changes. In such event, Landlord will notify Tenant of the required changes, but the increased cost of such changes, if any, and any delay associated with such changes shall be the responsibility of Tenantvisitors.
(iig) Change Orders approved Tenant shall promptly reimburse Landlord upon demand for any reasonable expense actually incurred by Tenant. Any increased costs and delays due to such approved Change Orders shall be the responsibility Landlord by reason of Tenant. Any faulty work done by Tenant or its contractors or by reason of any delays caused by such approved Change Orders shall not delay the Commencement Date of the Lease. Landlord shall not charge Tenant any administrative fees in respect of any Change Orders. Tenant shall have five (5) business days to review and approve all Change Orders and any additional review time by Tenant shall be a Tenant Delay.
(iii) If materials are not readily available, require quick ship chargeswork, or require substitution, provided Landlord shall identify any such materials within ten (10) days by reason of final approval of the Plans, and in any such case, Tenant will be given notice and the opportunity to select alternate materialsinadequate clean-up.
(iv) Any Tenant Delay.
Appears in 1 contract
Construction of Tenant Improvements. Landlord Tenant shall obtain all state and local licensesconstruct, permits and approvals (whether governmental or non‑governmental) required to construct cause the Tenant Improvements to be constructed in accordance with the Tenant Improvement Drawings and for Specifications, at Tenant's occupancy of the Premises. Landlord shall provide access to the General Contractor for Construction of the Tenant Improvements and to the extent such access requires entry through space occupied by other tenants, Landlord shall provide for such access at its sole cost and expense. The , except for the contribution by Landlord shall engage, subject to Tenant’s reasonable approval, of all or a general contractor to construct portion of the "Tenant Improvements Allowance" (the “General Contractor”). The General Contractor shall construct and install the Tenant Improvements as defined in subparagraph 8(d) hereof) which is available in accordance with the Plans subparagraph 8(d) hereof, in a good and workmanlike manner, lien-free and in compliance with all applicable federal, state and local requirements, including, in particular, all requirements which expense shall will be deducted from the Tenant Improvement Allowance. The Tenant Improvements shall be delivered via Associated General Contractors (AGC) Guaranteed Maximum Price Contract (the "Contract") with Liquidated Damages of $500.00 per day for each day of delay in achieving in substantial completion beyond the date specified in the Contract, which date shall be no later than October 1, 2010, and a payment and performance bond. Any Liquidated Damages (less cost of collection) paid to Landlord shall accrue applicable to the Tenant; providedCell Area when used for its intended purpose. Without limiting the generality of the preceding sentence, however, any paid Liquidated Damages for any Tenant Delay shall accrue to Landlord. The General Contractor shall obtain at least three (3) bids for all major trade work at the Premises. Landlord will work with the General Contractor governmental permits and approvals required to complete the Tenant Improvements by the Commencement Date. All contracts with vendors and subcontractors for construction of the Tenant Improvements will be negotiated by the General Contractor. All work performed obtained in connection with the construction of the Premises shall be performed in a good and workmanlike manner, in accordance with all Applicable Laws and the final approved Plans. If materials are not readily available, require quick ship charges, or require substitution, the Tenant will be given notice and the opportunity to select alternate materialsImprovements. Landlord shall insure that agrees to reasonably cooperate with Tenant's contractor for the Architect conducts a periodic review (a minimum of once every two weeks) of the progress of construction to ensure compliance with the Plans. Tenant may from time to time request in writing changes to the Plans (a “Change Order”), subject to Landlord’s consent, which shall not be unreasonably withheld. Landlord shall cause Contractor to provide an estimate of any change in the Construction Cost and/or Schedule. Tenant shall have the right to elect whether or not to proceed with the Change Order within five (5) business days after receipt of such estimate. Upon such approval by Tenant, or confirmation by Landlord that the Change Order will not result in any change in cost and/or Schedule, Landlord shall implement the Change Order as part of the Tenant Improvements. Landlord agrees to give Tenant acknowledges that the following items may result in changes and Tenant's contractors, subcontractors, architects, engineers, agents, representatives and employees access to the Budget and/or Schedule:
(iLand for excavation and grading work in connection with the construction of the pool(s) Municipal or other governmental inspectors require changes to be located in the Cell Area when grading and excavation work is being done in connection with the Landlord Improvements and for pouring concrete for the pool(s) when concrete for the foundation of the Shell Building is being poured. Landlord further agrees to give Tenant and Tenant's contractors, subcontractors, architects, engineers, agents, representatives and employees access to the Premises such Shell Building as code compliance changes. In such event, Landlord will notify Tenant soon as reasonably possible after commencement of construction of the required changesShell Building, but for construction of the increased remaining Tenant Improvements. However, notwithstanding anything to the contrary contained in this Lease, in the event the construction of Tenant Improvements prior to completion of the Landlord Improvements increases the cost of constructing the Landlord Improvements, Tenant shall pay to Landlord, on demand, the amount of such changes, if anyadditional costs, and in the event the construction of Tenant Improvements prior to completion of the Landlord Improvements causes any delay associated with such changes shall be delays in the responsibility completion of Tenant.
(ii) Change Orders approved by Tenant. Any increased costs and delays due to such approved Change Orders shall be the responsibility of Tenant. Any delays caused by such approved Change Orders shall not delay Landlord Improvements, the Commencement Date shall be accelerated by the number of days of any such delays. Landlord, Landlord's Architect and any engineers or other consultants engaged by Landlord shall have the right from time to time, upon reasonable notice to Tenant and Tenant's contractor (provided that Tenant has previously notified Landlord in writing of the name, telephone number and address of Tenant's contractor) during the construction of the Cell Area, to inspect the Cell Area and the Cell Improvements for purposes of confirming that the Cell Improvements are being constructed in accordance with, and comply with, all of the requirements of this Lease. Landlord and its agents described above shall not charge exercise such inspection rights in a manner which unnecessarily interferes with Tenant's construction of the Cell Improvements. Landlord may notify Tenant any administrative fees in respect writing of any Change Ordersaspect of the Cell Improvements which: (1) is not in conformance with applicable laws, regulations, permits or ordinances or the Tenant Improvement Drawings and Specifications, or (2) should, in Landlord's reasonable determination, be modified to assure the structural integrity of operational safety of the Cell Improvements. Promptly after Tenant's receipt of any such notice, Tenant shall have five shall, at Tenant's cost and expense, cause necessary changes to be made to the Cell Improvements in order to incorporate any modifications of the type referred to in clause (52) business days of the prior sentence and to review cause any aspect thereof which is not in conformance with the Tenant Improvement Drawings and approve all Change Orders Specifications and any additional review time by Tenant shall applicable laws, regulations, permits and ordinances, as indicated in such notice, to be a Tenant Delay.
(iii) If materials brought into conformance therewith. Landlord's inspection and approval rights under this paragraph are not readily availableintended to, require quick ship chargesand shall not, or require substitution, provided create any obligation on the part of Landlord shall identify any such materials within ten (10) days of final approval to assure the construction of the Plans, and Cell Improvements in any such case, Tenant will be given notice and accordance with the opportunity to select alternate materialsrequirements of this Lease.
(iv) Any Tenant Delay.
Appears in 1 contract
Construction of Tenant Improvements. Landlord shall obtain all state and local licenses, permits and approvals (whether governmental or non‑governmental) required to construct the Tenant Improvements and for Tenant's occupancy of the Premises. Landlord shall provide access to the General Contractor for Construction of the Tenant Improvements and to the extent such access requires entry through space occupied by other tenants, Landlord shall provide for such access at its sole cost and expense. The Landlord shall engage, subject to Tenant’s reasonable approval, a general contractor to construct the Tenant Improvements (the “General Contractor”). The General Contractor shall construct and install the Tenant Improvements in accordance with the Plans which expense shall be deducted from the Tenant Improvement Allowance. The Tenant Improvements shall be delivered via Associated General Contractors (AGC) Guaranteed Maximum Price Contract (the "Contract") with Liquidated Damages of $500.00 per day for each day of delay in achieving in substantial completion beyond the date specified in the Contract, which date shall be no later than October 1, 2010, and a payment and performance bond. Any Liquidated Damages (less cost of collection) paid to Landlord shall accrue to the Tenant; provided, however, any paid Liquidated Damages for any Tenant Delay shall accrue to Landlord. The General Contractor shall obtain at least three (3) bids for all major trade work at the Premises. Landlord will work with the General Contractor to complete the Tenant Improvements by the Commencement Date. All contracts with vendors and subcontractors responsible for construction of the Tenant Improvements will be negotiated by the General Contractor. All work performed in connection with the Such construction of the Premises shall be performed in a good and workmanlike manner, manner and in accordance with all Applicable Laws the Plans and the final approved PlansSpecifications. If materials are not readily available, require quick ship charges, or require substitution, Construction of the Tenant will Improvements shall be given notice deemed substantially complete (subject to completion of punchlist items) upon receipt by Landlord of the following:
(a) a certificate of Occupancy from the city and the opportunity to select alternate materials. Landlord shall insure upon certification of such fact by Tenant's architect;
(b) a certificate from Contractor certifying that the Architect conducts Tenant Improvements have been completed in substantial accordance with the approved Plans and Specifications;
(c) evidence reasonably satisfactory to Landlord that no mechanic's or materials men's lien or other encumbrance has been filed and remains in effect against the property;
(d) a periodic review (a minimum of once every two weeks) final affidavit and lien release from Contractor and final lien releases or waivers by all subcontractors, material men and other parties who have supplied labor, material or services for the construction of the progress of Tenant improvements or who otherwise might be entitled to claim a contractual, statutory or constitutional lien against the property;
(e) Tenant shall have delivered to Landlord a written statement, certified as correct by Tenant, setting forth in reasonable detail the out-of-pocket construction costs insured by Tenant with respect to ensure compliance Tenant Improvements together with the Plans. Tenant may from time all proof, reasonably satisfactory to time request Landlord that such invoices have been paid in writing changes full and such other information with respect to the Plans construction of the Tenant Improvements as landlord may reasonably require to enable Landlord to substantiate the costs set forth in Tenant's written statement; and
(f) Tenant shall have delivered to Landlord a “Change Order”)Certificate of Substantial Completion (as such term is defined in American Institute of Architects Document B141, subject Owner Architect Agreement) with respect to Landlord’s consentthe Tenant Improvements, issued by the architect, which shall not be unreasonably withheld. Landlord shall cause Contractor to provide an estimate of any change include the architect's certification that the Tenant Improvements have been substantially completed in the Construction Cost and/or Schedule. Tenant shall have the right to elect whether or not to proceed accordance with the Change Order within five (5) business days after receipt of such estimate. Upon such approval by Tenant, or confirmation by Landlord that the Change Order will not result in any change in cost and/or Schedule, Landlord shall implement the Change Order as part of the Tenant Improvements. Tenant acknowledges that the following items may result in changes to the Budget and/or Schedule:
(i) Municipal or other governmental inspectors require changes to the Premises such as code compliance changes. In such event, Landlord will notify Tenant of the required changes, but the increased cost of such changes, if any, approved Plans and any delay associated with such changes shall be the responsibility of TenantSpecifications.
(ii) Change Orders approved by Tenant. Any increased costs and delays due to such approved Change Orders shall be the responsibility of Tenant. Any delays caused by such approved Change Orders shall not delay the Commencement Date of the Lease. Landlord shall not charge Tenant any administrative fees in respect of any Change Orders. Tenant shall have five (5) business days to review and approve all Change Orders and any additional review time by Tenant shall be a Tenant Delay.
(iii) If materials are not readily available, require quick ship charges, or require substitution, provided Landlord shall identify any such materials within ten (10) days of final approval of the Plans, and in any such case, Tenant will be given notice and the opportunity to select alternate materials.
(iv) Any Tenant Delay.
Appears in 1 contract
Construction of Tenant Improvements. The Tenant Improvement Plans shall be submitted by Landlord to the appropriate governmental body for plan checking and the issuance of a building permit. Tenant shall cause to be made to the Tenant Improvement Plans any changes necessary to obtain the building permit. After final approval of the Tenant Improvement Plans by applicable governmental authorities, no further changes may be made thereto without the prior written approval of both Landlord and Tenant, and then only after agreement by Tenant to pay any excess costs resulting from the design and/or construction of such changes. Landlord shall obtain all state solicit competitive bids from at least three (3) general contractors designated by Landlord (subject to Tenant's approval, which shall not be unreasonably withheld or delayed) for the Initial Tenant Work, and local licensesthe contract for the Initial Tenant Work shall, permits and approvals (whether governmental or non‑governmental) required unless otherwise instructed by Tenant, be awarded to construct the general contractor submitting the lowest bid in accordance with the bid documents. After a building permit for the Tenant Improvements and for Tenant's occupancy of the Premises. Landlord shall provide access to the General Contractor for Construction of the Tenant Improvements and to the extent such access requires entry through space occupied by other tenantshas been issued, Landlord shall provide for cause such access at its sole cost and expense. The Landlord shall engage, subject to Tenant’s reasonable approval, a general contractor to construct the Tenant Improvements (the “General Contractor”). The General Contractor shall construct and install begin installation of the Tenant Improvements in accordance with the Plans which expense shall be deducted from the Tenant Improvement Allowance. The Tenant Improvements shall be delivered via Associated General Contractors (AGC) Guaranteed Maximum Price Contract (the "Contract") with Liquidated Damages of $500.00 per day for each day of delay in achieving in substantial completion beyond the date specified in the Contract, which date shall be no later than October 1, 2010, and a payment and performance bond. Any Liquidated Damages (less cost of collection) paid to Landlord shall accrue to the Tenant; provided, however, any paid Liquidated Damages for any Tenant Delay shall accrue to Landlord. The General Contractor shall obtain at least three (3) bids for all major trade work at the Premises. Landlord will work with the General Contractor to complete the Tenant Improvements by the Commencement Date. All contracts with vendors and subcontractors for construction of the Tenant Improvements will be negotiated by the General Contractor. All work performed in connection with the construction of the Premises shall be performed in a good and workmanlike manner, in accordance with all Applicable Laws and the final approved Plans. If materials are not readily available, require quick ship charges, or require substitution, the Tenant will be given notice and the opportunity to select alternate materials. Landlord shall insure that supervise the Architect conducts a periodic review (a minimum completion of once every two weeks) such work and shall diligently pursue substantial completion of the progress of construction to ensure compliance with the Plans. Tenant may from time to time request in writing changes to the Plans (a “Change Order”), subject to Landlord’s consent, which shall not be unreasonably withheldwork. Landlord shall cause Contractor to provide an estimate of any change in the Construction Cost and/or Schedule. Tenant shall have the right to elect whether substitute comparable materials or not to proceed with finishes in the Change Order within five (5) business days after receipt of event such estimate. Upon such approval by Tenantitems are unavailable, or confirmation by Landlord that the Change Order will not result in any change in cost and/or Schedulebut, Landlord shall implement the Change Order as part of the Tenant Improvements. Tenant acknowledges that the following items may result in changes to the Budget and/or Schedule:
(i) Municipal or other governmental inspectors require changes to the Premises such as code compliance changes. In such eventextent practicable, Landlord will notify Tenant of the required changesshall obtain Tenant's prior consent thereto, but the increased cost of such changes, if any, and any delay associated with such changes shall be the responsibility of Tenant.
(ii) Change Orders approved by Tenant. Any increased costs and delays due to such approved Change Orders shall be the responsibility of Tenant. Any delays caused by such approved Change Orders which consent shall not delay the Commencement Date of the Leasebe unreasonably withheld or delayed. Landlord shall not charge Tenant in no event be liable for any administrative fees direct or indirect damages as a result of delays in respect of any Change Orders. Tenant shall have five (5) business days construction due to review and approve all Change Orders and any additional review time Force Majeure, or due to delays or other acts or omissions by Tenant shall be a Tenant Delay(or its architect or anyone performing services on behalf of Tenant).
(iii) If materials are not readily available, require quick ship charges, or require substitution, provided Landlord shall identify any such materials within ten (10) days of final approval of the Plans, and in any such case, Tenant will be given notice and the opportunity to select alternate materials.
(iv) Any Tenant Delay.
Appears in 1 contract
Samples: Lease (Sedona Corp)
Construction of Tenant Improvements. Landlord The “Tenant Improvements” shall obtain consist of any and all state improvements and local licenses, permits and approvals (whether governmental or non‑governmental) work required to construct improve and alter the 2-4-7 Floor Premises (or any portions thereof) pursuant to this Work Letter. If the Tenant Improvements and for Tenant's occupancy are constructed in distinct phases as to different portions of the Premises. Landlord 2-4-7 Floor Premises (which Tenant shall provide access have the right to do), this Work Letter (except for the General Contractor for Construction of Tenant Allowance provisions) shall apply separately as to the Tenant Improvements and to the extent for each such access requires entry through space occupied by other tenants, Landlord shall provide for such access at its sole cost and expense. The Landlord shall engage, subject to Tenant’s reasonable approval, a general contractor to construct the Tenant Improvements (the “General Contractor”). The General Contractor shall construct and install the Tenant Improvements in accordance with the Plans which expense shall be deducted from the Tenant Improvement Allowancephase. The Tenant Improvements shall be delivered via Associated General Contractors (AGC) Guaranteed Maximum Price Contract (undertaken and prosecuted in accordance with the "Contract") with Liquidated Damages of $500.00 per day for each day of delay in achieving in substantial completion beyond the date specified in the Contract, which date following requirements:
2.1.1 The Tenant Improvements shall be no later than October 1, 2010, designed and a payment constructed by Tenant in accordance with the Approved Working Drawings (as hereinafter defined) and performance bond. Any Liquidated Damages (less cost the terms of collection) paid to Landlord this Work Letter; and Tenant shall accrue abide by all reasonable non-discriminatory rules made by Landlord’s or Landlord’s property manager with respect to the Tenant; provideduse of freight, howeverloading dock and service areas, any paid Liquidated Damages for any Tenant Delay shall accrue to Landlord. The General Contractor shall obtain at least three (3) bids for all major trade work at the Premises. Landlord will storage of materials, coordination of work with the General Contractor contractors of other tenants, and any other matter in connection with this Work Letter. All Construction Drawings (as hereinafter defined) prepared by the Architect (as hereinafter defined) shall follow Landlord’s CAD standards and requirements, which standards and requirements shall be provided to complete Tenant or the Architect upon request.
2.1.2 The Tenant Improvements by shall be prosecuted at all times in accordance with all state, federal and local laws, regulations and ordinances, including without limitation all OSHA and other safety laws and with all applicable rules, orders, regulations and requirements of the Commencement DateCalifornia Board of Fire Underwriters and the California Fire Insurance Rating Organization or any similar body.
2.1.3 Tenant shall have its Approved Working Drawings submitted to the Building Department for “plan check” prior to the commencement of construction, and shall not commence construction without obtaining the permits and approvals (if any) that are necessary for the particular construction in question. All contracts with vendors and subcontractors Tenant agrees that until Tenant receives a final permit for construction of the Tenant Improvements (a copy of which will be negotiated by promptly delivered to Landlord), Tenant will not close up any walls within the General Contractor. All work performed 2-4-7 Floor Premises that it may have removed in connection with the construction Tenant Improvement work.
2.1.4 The Contractor (as hereinafter defined) and each of its subcontractors shall comply with Landlord’s requirements as generally imposed on third party contractors, including without limitation all insurance coverage requirements and the obligation to furnish appropriate certificates of insurance to Landlord prior to commencement of construction. The Contractor and each of its subcontractors shall represent and warrant to Tenant that the portion of the Premises Tenant Improvements for which it is responsible shall be performed free from any defects in workmanship and materials for a good and workmanlike mannerperiod of not less than one (1) year from the date of completion thereof. Each of Tenant’s contractors shall be responsible for the replacement or repair, without additional charge, of all work done or furnished in accordance with its contract that shall become defective within one (1) year after the completion of the work performed by such contractor or subcontractors. The correction of such work shall include, without additional charge, all Applicable Laws additional expenses and the final approved Plans. If materials are not readily available, require quick ship charges, damages incurred in connection with such removal or require substitution, replacement of all or any part of the Tenant will Improvements, and/or the Building and/or Common Areas that may be given notice damaged or disturbed thereby. All such warranties or guarantees as to materials or workmanship of or with respect to the Tenant Improvements shall be contained in the applicable contract or subcontract and shall be written such that such guarantees or warranties shall inure to the opportunity benefit of both Landlord and Tenant, as their respective interests may appear, and can be directly enforced by either. Tenant shall give to select alternate materials. Landlord any assignment or other assurances that may be necessary to effect such right of direct enforcement.
2.1.5 Tenant shall insure that provide a construction schedule to Landlord prior to commencement of the Architect conducts a periodic review (a minimum of once every two weeks) of Tenant Improvements work, and updates shall be supplied during the progress of the work when requested in writing by Landlord. Once the Final Working Drawings (as hereinafter defined) have been approved, Tenant shall promptly commence the performance of the Tenant Improvements and shall diligently and continuously prosecute such Tenant Improvements to completion.
2.1.6 Tenant shall give Landlord five (5) days prior written notice of the commencement of construction so that Landlord may cause an appropriate notice of non-responsibility to ensure compliance with be posted.
2.1.7 Tenant and Contractor shall hold periodic job meetings and shall notify Landlord at least 48 hours prior to such meetings and permit Landlord’s construction manager for the PlansProject, at its election, to attend.
2.1.8 Tenant shall furnish and install all interior floor coverings and finishes and be responsible for preparation of floor surfaces. All exposed concrete floors shall have a sealant applied. Kitchens and storage areas shall have thresholds at the doors in such a manner as will not permit the passage of water or other liquids to the adjacent tenant space.
2.1.9 Tenant shall furnish and install all partitions and doors and all interior wall finish materials. Inasmuch as the existing demising walls may not have not been designed for the Tenant Improvements, superimposed fixture loads and/or any unusual wall décor, Tenant shall modify and reinforce the existing walls as required and approved by Landlord, to accommodate any loading or other requirements required by Tenant’s design. Any combustible materials applied to the demising partitions shall receive a U.L. labeled fire retardant coating. Tenant may from time to time request shall provide sound and odor absorbent walls in writing changes such a manner that will not permit the passage of sound and/or odors through the wall(s) to the Plans adjacent space(s).
2.1.10 Tenant shall provide for and install all necessary telephone service equipment within the 2-4-7 Floor Premises in accordance with local utility requirements.
2.1.11 All fixtures and mechanical equipment shall be placed and maintained by Tenant in settings sufficient, in Landlord’s reasonable judgment, to absorb and prevent vibration, noise and annoyance to persons outside of the 2-4-7 Floor Premises;
2.1.12 All materials and equipment to be installed, incorporated or located in or serving the 2-4-7 Floor Premises as a part of the Tenant Improvements shall be new and quality at minimum in keeping with Schedule 1 attached hereto pursuant to Section 3.1 below (a “Change Order”provided, however, that HVAC and lighting controls must be Building standard as set forth in Schedule 1 attached hereto).
2.1.13 No materials or equipment incorporated into or as part of the Tenant Improvements shall be subject to any lien, encumbrance, chattel mortgage or title retention or security agreement of any kind;
2.1.14 Unless unconditional written permission is granted from the artist (for the benefit of both Tenant and Landlord), subject Tenant will not install, affix, add or paint in or on, nor permit, any work of visual art (as defined in the Federal Visual Artists’ Rights Act of 1990 or any successor law of similar import) to Landlord’s consentbe installed in or on, or affixed, added to, or painted on, the interior or exterior of the 2-4-7 Floor Premises, or any part thereof, including, but not limited to, the walls, floors, ceilings, doors, windows and fixtures included as part of the 2-4-7 Floor Premises, which work of visual art would, under the provisions of the Federal Visual Artists’ Rights Act of 1990, or any successor law of similar import, require the consent of the author or artist of such work before the same could be removed, modified, destroyed or demolished;
2.1.15 None of the Tenant Improvements shall not incorporate any Hazardous Materials, including without limitation asbestos-containing construction materials into the 2-4-7 Floor Premises.
2.1.16 During the Tenant Improvements work, Tenant shall provide trash removal service at areas designed by Landlord. It shall be unreasonably withheld. Landlord shall cause Contractor the responsibility of Tenant and Tenant’s contractors to provide an estimate of any change remove all trash and debris from the 2-4-7 Floor Premises on a daily basis and to break down all boxes and place all such trash and debris in the Construction Cost and/or Schedulecontainers supplied for that purpose. If trash and debris are not removed on a daily basis by Tenant or Tenant’s contractor, then Landlord shall have the right to elect whether remove such trash and debris or not have such trash and debris removed at the sole cost and expense of Tenant.
2.1.17 Upon completion of each applicable portion of the Tenant Improvements work, Tenant shall cause to proceed be provided to Landlord (i) as-built drawings of the applicable portion of the Tenant Improvements work signed by Architect and a certificate, in a form reasonably acceptable to Landlord (the then-current AIA form of certificate is deemed acceptable by Landlord), from Architect certifying that the construction of the Tenant Improvements in the applicable portion of the 2-4-7 Floor Premises has been substantially completed, (ii) CAD files of the improved space compatible with the Change Order within five Landlord’s CAD standards, (5iii) business days after receipt of such estimate. Upon such approval a final punchlist signed by Tenant, or confirmation by Landlord that the Change Order will not result in any change in cost and/or Schedule(iv) final and unconditional lien waivers from all contractors and subcontractors, Landlord shall implement the Change Order as part (v) a duly recorded Notice of Completion of the Tenant Improvements. Tenant acknowledges that , (vi) a certificate of occupancy for the following items may result in changes applicable portion of the 2-4-7 Floor Premises, and (vii) a copy of all warranties, guaranties, and operating manuals and information relating to the Budget and/or Schedule:
Tenant Improvements, (i) Municipal or other governmental inspectors require changes collectively, the “Close-out Package”). Should Tenant fail to the Premises such provide complete CAD files compatible with Landlord’s standards as code compliance changes. In such eventrequired herein, Landlord will notify may cause its architect to prepare same and the cost thereof shall be reimbursed to Landlord by Tenant within 30 days of invoice therefor. Disbursement of any portion of the required changes, but the increased cost of such changes, if any, and any delay associated with such changes Tenant Improvement Allowance shall not be the responsibility deemed a waiver of Tenant.
(ii) Change Orders approved by Tenant. Any increased costs and delays due ’s obligation to such approved Change Orders shall be comply with the responsibility of Tenant. Any delays caused by such approved Change Orders shall not delay the Commencement Date of the Lease. Landlord shall not charge Tenant any administrative fees in respect of any Change Ordersforegoing provisions. Tenant shall have five (5) business days to review be responsible for the appropriateness and approve all Change Orders completeness of the Architect’s and contractors’ affidavits and waivers of lien and their approval of any additional review time by Tenant shall be a Tenant Delay.
(iii) If materials are not readily available, require quick ship charges, or require substitution, provided of such work; Landlord shall identify have no responsibility for any such materials within ten (10) days of final approval of the Plans, and in any such case, Tenant will be given notice and the opportunity to select alternate materialsforegoing.
(iv) Any Tenant Delay.
Appears in 1 contract
Construction of Tenant Improvements. Landlord shall obtain all state and local licenses, permits and approvals (whether governmental or non‑governmentala) required to construct the Tenant Improvements and for Tenant's occupancy of the Premises. Landlord shall provide access to the General Contractor for Construction of the Tenant Improvements pursuant to this Work Letter Agreement shall be performed by such contractor as Landlord shall reasonably select, under Landlord’s supervision. Construction shall commence promptly following the parties signing and entering into this Lease, and shall be diligently prosecuted to completion thereafter. Landlord shall arrange for its contractor to coordinate with Tenant’s installers and providers with respect to the extent such access requires entry through space occupied by other tenants, Landlord shall provide timing for such access at its sole cost and expense. The Landlord shall engage, subject to installing Tenant’s reasonable approvalCabling, a general contractor the stated objective being to construct enable Tenant’s installers and providers to install Tenant’s Cabling without having to remove or demolish any of the Tenant Improvements (the “General Contractor”). The General Contractor shall construct and install the Tenant Improvements in accordance with the Plans which expense shall be deducted from the Tenant Improvement Allowance. The Tenant Improvements shall be delivered via Associated General Contractors (AGC) Guaranteed Maximum Price Contract (the "Contract") with Liquidated Damages of $500.00 per day for each day of delay in achieving in substantial completion beyond the date specified in the Contract, which date shall be no later than October 1, 2010, and a payment and performance bond. Any Liquidated Damages (less cost of collection) paid to Landlord shall accrue to the TenantImprovements; provided, however, any paid Liquidated Damages Landlord shall have no responsibility or liability for any Tenant Delay shall accrue to Landlord. The General Contractor shall obtain at least three (3) bids for all major trade work at the Premises. Landlord will work with the General Contractor to complete delays in constructing the Tenant Improvements by if and to the Commencement Date. All contracts extent the delay(s) result from (i) Landlord’s contractor coordinating with vendors or accommodating Tenant’s installers or providers; or (ii) the work or activities of Tenant’s installers or providers.
(b) Landlord reserves the right to use pre-stocked materials in constructing the Tenant Improvements, including drywall and subcontractors for studs, lighting fixtures and air handling boxes.
(c) Tenant shall be permitted, during the course of construction, upon reasonable notice to Landlord, and without unreasonably interfering with the conduct of such construction, to inspect the progress of the work and, upon written notice to Landlord, to cause any material defects or deficiencies to be repaired.
(d) Upon completion of construction of the Tenant Improvements will be negotiated by the General Contractor. All work performed in connection with the construction of the Premises shall be performed in a good and workmanlike mannerImprovements, in accordance with all Applicable Laws and the final approved Plans. If materials are not readily available, require quick ship charges, or require substitution, the Tenant will be given notice and the opportunity to select alternate materials. Landlord shall insure that the Architect conducts a periodic review (a minimum of once every two weeks) of the progress of construction to ensure compliance with the Plans. Tenant may from time to time request in writing changes to the Plans (a “Change Order”), subject to Landlord’s consent, which shall not be unreasonably withheld. Landlord shall cause Contractor the Premises to provide an estimate be thoroughly cleaned to Tenant’s reasonable satisfaction prior to Tenant’s occupancy of the Premises.
(e) Landlord shall repair or replace as soon as reasonably possible all incomplete or defective items identified in any change in the Construction Cost and/or Schedule“pick-up list” or “punchlist” delivered by Tenant to Landlord. Tenant shall have the right deliver such “pick-up list” or “punchlist” to elect whether or not to proceed with the Change Order Landlord within five fifteen (515) business days after receipt commencement of such estimate. Upon such approval by Tenant, or confirmation by Landlord that the Change Order will not result in any change in cost and/or Schedule, Landlord shall implement the Change Order as part ’s actual occupancy of the Tenant Improvements. Tenant acknowledges that the following items may result in changes to the Budget and/or Schedule:
(i) Municipal or other governmental inspectors require changes to the Premises such as code compliance changes. In such event, Landlord will notify Tenant of the required changes, but the increased cost of such changes, if any, and any delay associated with such changes shall be the responsibility of TenantPremises.
(ii) Change Orders approved by Tenant. Any increased costs and delays due to such approved Change Orders shall be the responsibility of Tenant. Any delays caused by such approved Change Orders shall not delay the Commencement Date of the Lease. Landlord shall not charge Tenant any administrative fees in respect of any Change Orders. Tenant shall have five (5) business days to review and approve all Change Orders and any additional review time by Tenant shall be a Tenant Delay.
(iii) If materials are not readily available, require quick ship charges, or require substitution, provided Landlord shall identify any such materials within ten (10) days of final approval of the Plans, and in any such case, Tenant will be given notice and the opportunity to select alternate materials.
(iv) Any Tenant Delay.
Appears in 1 contract
Construction of Tenant Improvements. Landlord (a) Tenant shall obtain all state and local licenses, permits and approvals (whether governmental or non‑governmental) required to construct be responsible for construction of the Tenant Improvements Improvements, pursuant to this Work Letter Agreement. Prior to the start of construction, Tenant shall prepare and for submit to Landlord a detailed schedule ("Construction Schedule") identifying the major stages and anticipated completion dates of each phase of construction. Tenant shall during the course of construction periodically update the Construction Schedule, providing copies of the updated schedule to Landlord. Construction shall be performed under Tenant's occupancy of the Premisessupervision by Tenant's contractor, whose selection shall be reasonably approved by Landlord. Landlord has pre-approved Ocean West Builders and Design Build Tenant Improvement Contractors as the general contractors authorized to provide Tenant bids for the Tenant Improvements. Selection of all subcontractors shall provide access also be subject to Landlord's reasonable approval. Tenant shall supervise the General Contractor for Construction contractor's work to expedite the completion of the Tenant Improvements and to assure their construction in conformity with the extent such access requires entry through space occupied by approved plans and specifications.
(b) Landlord shall be permitted, during the course of construction, to inspect the progress of the work and, upon written notice to Tenant, to cause Tenant to repair any material defects or deficiencies.
(c) Landlord shall have no contractual relationship with Tenant's contractor or any subcontractors.
(d) Tenant and Tenant's contractor shall coordinate with Landlord's property manager regarding delivery and storage of building materials, so as to minimize disruption of the Project's other tenants, Landlord .
(e) The air conditioning portion of the work shall provide for such access at its sole cost include a control and expense. The Landlord shall engage, subject to Tenant’s reasonable approval, a general contractor to construct the Tenant Improvements (the “General Contractor”). The General Contractor shall construct and install the Tenant Improvements monitoring system furnished in accordance with the Plans which expense shall be deducted from the Tenant Improvement AllowanceBuilding Standards. The Tenant Improvements air conditioning subcontractor shall be delivered via Associated General Contractors (AGC) Guaranteed Maximum Price Contract (balance the "Contract") with Liquidated Damages system to provide the designed volume and temperature of $500.00 per day air for each day of delay space in achieving in the Premises.
(f) Tenant shall notify Landlord upon substantial completion beyond the date specified in the Contract, which date shall be no later than October 1, 2010, and a payment and performance bond. Any Liquidated Damages (less cost of collection) paid to Landlord shall accrue to the Tenant; provided, however, any paid Liquidated Damages for any Tenant Delay shall accrue to Landlord. The General Contractor shall obtain at least three (3) bids for all major trade work at the Premises. Landlord will work with the General Contractor to complete the Tenant Improvements by the Commencement Date. All contracts with vendors and subcontractors for construction of the Tenant Improvements will be negotiated by the General Contractor. All work performed in connection with the construction of the Premises shall be performed in a good and workmanlike manner, in accordance with all Applicable Laws and the final approved Plans. If materials are not readily available, require quick ship charges, or require substitution, the Tenant will be given notice and the opportunity to select alternate materials. Landlord shall insure that the Architect conducts a periodic review (a minimum of once every two weeks) of the progress of construction to ensure compliance with the Plans. Tenant may from time to time request in writing changes to the Plans (a “Change Order”), subject to Landlord’s consent, which shall not be unreasonably withheld. Landlord shall cause Contractor to provide an estimate of any change in the Construction Cost and/or Schedule. Tenant shall have the right to elect whether or not to proceed with the Change Order within five (5) business days after receipt of such estimate. Upon such approval by Tenant, or confirmation by Landlord that the Change Order will not result in any change in cost and/or Schedule, Landlord shall implement the Change Order as part of the Tenant Improvements. Tenant acknowledges that , whereupon the following items may result in changes to the Budget and/or Schedule:
(i) Municipal or other governmental inspectors require changes to parties shall jointly inspect the Premises such as code compliance changes. In such event, Landlord will notify Tenant and prepare a punch list of the required changes, but the increased cost of such changes, if any, and any delay associated with such changes shall corrective action to be the responsibility of Tenant.
(ii) Change Orders approved taken by Tenant. Any increased costs and delays due to such approved Change Orders shall be the responsibility of Tenant. Any delays caused by such approved Change Orders shall not delay the Commencement Date of the Lease. Landlord shall not charge Tenant any administrative fees in respect of any Change Orders. Tenant shall have five use its best efforts to complete the punch list within sixty (5) business days to review and approve all Change Orders and any additional review time by Tenant shall be a Tenant Delay.
(iii) If materials are not readily available, require quick ship charges, or require substitution, provided Landlord shall identify any such materials within ten (1060) days of final approval of after the Plans, and in any such case, Tenant will be given notice and the opportunity to select alternate materialsjoint inspection.
(iv) Any Tenant Delay.
Appears in 1 contract
Construction of Tenant Improvements. Landlord (a) Tenant shall obtain all state and local licenses, permits and approvals (whether governmental or non‑governmental) required to construct the Tenant Improvements and cause those improvements necessary for Tenant's occupancy its use of the Premises. Landlord shall provide access to the General Contractor for Construction of the Tenant Improvements and to the extent such access requires entry through space occupied by other tenants, Landlord shall provide for such access at its sole cost and expense. The Landlord shall engage, subject to Tenant’s reasonable approval, a general contractor to construct the Tenant Improvements Additional Space (the “General "Tenant Improvements") to be constructed by TO Construction (the "Contractor”). The General Contractor shall construct and install the Tenant Improvements ") in accordance with the Plans plans and specifications approved by Landlord, which expense shall approval will not be deducted from the Tenant Improvement Allowanceunreasonably withheld or delayed. The construction contract between Tenant Improvements shall and Contractor will be delivered via Associated General Contractors (AGC) Guaranteed Maximum Price Contract (subject to the "Contract") with Liquidated Damages approval of $500.00 per day for each day of delay in achieving in substantial completion beyond the date specified in the ContractLandlord, which date shall approval will not be no later than October 1, 2010, and a payment and performance bond. Any Liquidated Damages (less cost of collection) paid to Landlord shall accrue to the Tenant; provided, however, any paid Liquidated Damages for any Tenant Delay shall accrue to Landlord. The General Contractor shall obtain at least three (3) bids for all major trade work at the Premises. Landlord will work with the General Contractor to complete the Tenant Improvements by the Commencement Date. All contracts with vendors and subcontractors for construction of the Tenant Improvements will be negotiated by the General Contractorunreasonably withheld or delayed. All work performed in connection with the construction must be done by contractor on behalf of the Premises shall be performed Tenant in a good and workmanlike manner.
(b) Landlord will reimburse Tenant in an amount not to exceed $21,301.94 far all costs of completing the work, including the Contractor's fees, design fees, Landlord's coordination fees (not in accordance with all Applicable Laws and the final approved Plans. If materials are not readily available, require quick ship charges, or require substitution, the Tenant will be given notice and the opportunity to select alternate materials. Landlord shall insure that the Architect conducts a periodic review excess of five percent (a minimum of once every two weeks5%) of the progress balance of construction to ensure compliance with the Plans. Tenant may from time to time request in writing changes to cost of the Plans (a “Change Order”work), subject to Landlord’s consentarchitect's fees, which shall not be unreasonably withheld. Landlord shall cause Contractor to provide an estimate of demolition costs, permit fees and any change in the Construction Cost and/or Scheduleapplicable taxes. Tenant shall have the right pay ail additional costs to elect whether or not to proceed with the Change Order within five (5) business days after receipt of such estimate. Upon such approval by Tenant, or confirmation by Landlord that the Change Order will not result in any change in cost and/or Schedule, Landlord shall implement the Change Order as part of design and complete the Tenant Improvements. Tenant acknowledges that the following items may result shall indemnify, defend and hold Landlord harmless from and against any and all liens, losses, damages, claims or expenses (including reasonable attorneys' fees) arising out of or in changes any way related to the Budget and/or Schedule:
(i) Municipal design and construction of the Tenant Improvements, except to the extent that any such liens, losses, claims or expenses result from the negligence or intentional misconduct of Landlord or its agents or employees. Tenant agrees that if Contractor or any subcontractor or other governmental inspectors require changes person or entity performing work or supplying materials or equipment in connection, with the Tenant Improvements files a lien against the Building or the Premises, then, at Landlord's request, Tenant shall purchase and record a bond in the type required under RCW 60.04.161 in order to release the Building, the Premises such as code compliance changesand the real property on which the Building is located from the lien. In such event, Landlord will notify When the Tenant of the required changes, but the increased cost of such changes, if any, and any delay associated with such changes shall be the responsibility of Tenant.
(ii) Change Orders approved by Tenant. Any increased costs and delays due to such approved Change Orders shall be the responsibility of Tenant. Any delays caused by such approved Change Orders shall not delay the Commencement Date of the Lease. Landlord shall not charge Tenant any administrative fees in respect of any Change OrdersImprovements are completed. Tenant shall have five (5) business days deliver to review Landlord a full and approve all Change Orders complete unconditional lien release from Contractor and any additional review time subcontractors designated by Tenant shall be a Tenant Delay` Landlord.
(iii) If materials are not readily available, require quick ship charges, or require substitution, provided Landlord shall identify any such materials within ten (10) days of final approval of the Plans, and in any such case, Tenant will be given notice and the opportunity to select alternate materials.
(iv) Any Tenant Delay.
Appears in 1 contract
Samples: Office Lease (Pacifica Bancorp Inc)
Construction of Tenant Improvements. Landlord shall obtain all state (a) After receipt and local licenses, permits and approvals (whether governmental or non‑governmental) required to construct the Tenant Improvements and for approval of Tenant's occupancy of Plans and the Premises. Landlord shall provide access to the General Contractor for Construction of the Tenant Improvements and to the extent such access requires entry through space occupied by other tenantsPricing Letter, Landlord shall provide for such access at its sole cost and expense. The Landlord shall engage, subject to Tenant’s reasonable approval, a general contractor to construct administer the Tenant Improvements (the “General Contractor”). The General Contractor shall construct and install the construction of Tenant Improvements in accordance with the Plans which expense shall be deducted from the Tenant Improvement Allowance. The Tenant Improvements shall be delivered via Associated General Contractors (AGC) Guaranteed Maximum Price Contract (the "Contract") with Liquidated Damages approved construction documents and proposal of $500.00 per day for each day of delay in achieving in substantial completion beyond the date specified in the Contract, which date shall be no later than October 1, 2010, and a payment and performance bond. Any Liquidated Damages (less cost of collection) paid to Landlord shall accrue to the TenantLandlord's Contractor; provided, however, any paid Liquidated Damages for any Tenant Delay shall accrue to Landlord. The General Contractor shall obtain at least three (3) bids for all major trade work at the Premises. Landlord will work with the General Contractor to complete the that no Tenant Improvements by the Commencement Date. All contracts with vendors and subcontractors for construction of the Tenant Improvements will be negotiated by the General Contractor. All work performed in connection with the construction of the Premises shall be performed in a good installed which do not conform to Building plans and workmanlike mannerspecifications or to any applicable regulations, in accordance with all Applicable Laws laws, ordinances, codes and the final approved Plansrules. If materials are not readily available, require quick ship charges, or require substitution, the Tenant will be given notice and the opportunity to select alternate materials. Landlord shall insure that the Architect conducts a periodic review (a minimum of once every two weeks) of the progress of construction to ensure compliance with the Plans. Tenant may from time to time request in writing changes to the Plans (a “Change Order”), subject to Landlord’s consent, which shall not be unreasonably withheld. Landlord shall cause Contractor to provide an estimate of any change in the Construction Cost and/or Schedule. Tenant shall have the right to elect whether or not to proceed with the Change Order within five (5) business days after receipt of such estimate. Upon such approval by Tenant, or confirmation by Landlord that the Change Order will not result in any change in cost and/or Schedule, Landlord shall implement the Change Order as part of the Tenant Improvements. Tenant acknowledges that the following items may result in changes to the Budget and/or Schedule:
(i) Municipal or other governmental inspectors require changes to the Premises such as code compliance changes. In such event, Landlord will notify Tenant of the required changes, but the increased cost of such changes, if any, and any delay associated with such changes Such conformity shall be the responsibility obligation of Tenant.
(iib) Change Orders approved Landlord shall bear the cost of the construction of Tenant Improvements. If Tenant accepts the Pricing Letter, Landlord shall contribute $16.90 per square foot of Net Rentable Area to Tenant Improvements. Such allowance shall be credited against amounts due Landlord under paragraph 3(b) of this Exhibit B for Tenant Improvements as the work progresses. The credit given for Tenant Improvements covered by each monthly draw shall equal a fraction thereof, the numerator of which is the total allowance provided by Landlord and the denominator of which is the total cost of all Tenant Improvements. All costs incurred in construction of Tenant Improvements shall be increased by a charge, to be paid by Tenant. Any increased costs , of ten percent (10%) to reimburse Landlord for construction administration and delays due to such approved Change Orders shall be the responsibility of Tenant. Any delays caused by such approved Change Orders shall not delay the Commencement Date of the Lease. Landlord shall not charge Tenant any administrative fees in respect of any Change Orderscoordination. Tenant shall have five (5) business days pay to review and approve Landlord all Change Orders and any additional review time amounts payable by Tenant shall be a Tenant Delay.
(iii) If materials are not readily available, require quick ship charges, or require substitution, provided Landlord shall identify any such materials pursuant to this Exhibit B within ten (10) days of final approval after completion of the Plans, and in any such case, Tenant will be given notice and the opportunity to select alternate materialsImprovements.
(ivc) Any All Tenant DelayImprovements shall be constructed by Landlord's Contractor with the exception of telephone equipment and wiring which may be installed by Tenant subject to the limitations contained herein. All such equipment furnished and installed by Tenant shall be installed in a manner which conforms with Landlord's Contractor's schedule, and the work or installation shall be handled in such a manner as not to materially interfere with or delay the work of Landlord's Contractor to any extent unsatisfactory to Landlord. No portion of the work to be performed by Landlord's Contractor shall be dependent upon completion of any work or construction or installation to be performed by Tenant.
(d) It is agreed that Tenant may authorize changes in the Tenant Improvements, provided that any changes must meet the criteria set forth in paragraph l(b) above. Tenant shall pay any net increase in cost and/or credited with any savings (such credit be applied to Base Rental next becoming due) which results from such changes (including the cost of all modifications to Tenant Improvements which have theretofore been initiated or constructed and any modifications required to the base building), plus ten percent (10%) thereof as an administrative cost recovery fee.
Appears in 1 contract
Construction of Tenant Improvements. 5.1 Within ten (10) days after Subtenant's, Sublandlord's and Landlord's approval of the Plans and the estimated costs of the Tenant Improvements, Subtenant shall cause the contractor to proceed to secure a building permit and commence construction of the Tenant Improvements.
5.2 Subtenant shall be responsible for obtaining all governmental approvals to the full extent necessary for the construction and installation of the Tenant Improvements and for Subtenant's occupancy of the Sublease Premises, in compliance with all applicable Regulations. Subtenant shall employ Reno Contractors as the contractor or such other contractor or contractors as shall be reasonably approved by Landlord shall obtain all state and local licenses, permits and approvals (whether governmental or non‑governmental) required in writing to construct the Tenant Improvements in conformance with the approved Space Plan and for TenantPlans. The construction contracts between Subtenant and the approved contractor shall be subject to Landlord's occupancy of the Premises. Landlord shall provide access to the General Contractor for Construction of the Tenant Improvements prior reasonable approval and to the extent such access requires entry through space occupied by other tenants, Landlord shall provide for such access at its sole cost and expenseprogress payments. The contractor(s) shall be duly licensed and Landlord's approval of the contractor(s) shall be conditioned, among other things, upon the contractor's reputation for quality of work, timeliness of performance and integrity.
5.3 Sublandlord and Landlord shall engagenot be liable for any direct or indirect damages suffered by Subtenant as a result of delays in construction beyond Landlord's and Sublandlord's reasonable control, including, but not limited to, delays due to strikes or unavailability of materials or labor, or delays caused by Subtenant (including delays by the Space Planner, the contractor or anyone else performing services on behalf of Landlord or Subtenant).
5.4 All work to be performed on the Sublease Premises by Subtenant or Subtenant's contractor or agents shall be subject to Tenant’s reasonable approvalthe following conditions:
(a) Such work shall proceed upon Landlord's written approval of Subtenant's contractor, and public liability and property damage insurance carried by Subtenant's contractor, and shall further be subject to the provisions of Paragraphs 12 and 27 of the Master Lease.
(b) All work shall be done in conformity with a valid building permit when required, a general contractor to construct the Tenant Improvements (the “General Contractor”). The General Contractor shall construct and install the Tenant Improvements in accordance with the Plans copy of which expense shall be deducted from the Tenant Improvement Allowance. The Tenant Improvements shall be delivered via Associated General Contractors (AGC) Guaranteed Maximum Price Contract (the "Contract") with Liquidated Damages of $500.00 per day for each day of delay in achieving in substantial completion beyond the date specified in the Contract, which date shall be no later than October 1, 2010furnished to Sublandlord and Landlord before such work is commenced, and a payment and performance bond. Any Liquidated Damages (less cost of collection) paid to Landlord shall accrue to the Tenant; providedin any case, however, any paid Liquidated Damages for any Tenant Delay shall accrue to Landlord. The General Contractor shall obtain at least three (3) bids for all major trade such work at the Premises. Landlord will work with the General Contractor to complete the Tenant Improvements by the Commencement Date. All contracts with vendors and subcontractors for construction of the Tenant Improvements will be negotiated by the General Contractor. All work performed in connection with the construction of the Premises shall be performed in a good and workmanlike and first-class manner, and in accordance with all Applicable Laws applicable Regulations and the final approved Plansrequirements and standards of any insurance underwriting board, inspection bureau or insurance carrier insuring the Sublease Premises pursuant to the Sublease. If materials are not readily availableNotwithstanding any failure by Sublandlord or Landlord to object to any such work, require quick ship charges, or require substitution, neither Sublandlord nor Landlord shall have any responsibility for Subtenant's failure to comply with all applicable Regulations. Subtenant shall be responsible for ensuring that construction and installation of the Tenant Improvements will be given notice and not affect the opportunity to select alternate materials. Landlord shall insure that the Architect conducts a periodic review (a minimum of once every two weeks) structural integrity of the progress of construction to ensure compliance with the Plans. Tenant may from time to time request in writing changes to the Plans Building.
(a “Change Order”), subject to c) Landlord or Landlord’s consent, which shall not be unreasonably withheld. Landlord shall cause Contractor to provide an estimate of any change in the Construction Cost and/or Schedule. Tenant 's agents shall have the right to elect whether inspect the construction of the Tenant Improvements by Subtenant during the progress thereof. If Landlord shall give notice of faulty construction or not any other deviation from the approved Space Plan or Plans, Subtenant shall cause its contractor to proceed make corrections promptly. However, neither the privilege herein granted to Landlord to make such inspections, nor the making of such inspections by Landlord, shall operate as a waiver of any right of Landlord to require good and workmanlike construction and improvements erected in accordance with the Change Order approved Space Plan or Plans.
(d) Subtenant shall cause its contractor to complete the Tenant Improvements as soon as reasonably possible.
(e) Subtenant's construction of the Tenant Improvements shall comply with the following: (i) the Tenant Improvements shall be constructed in strict accordance with the approved Space Plan or Plans; (ii) Subtenant and its contractor shall submit schedules of all work relating to the Tenant Improvements to Landlord for Landlord's approval within five two (52) business days following the later to occur of the selection of the contractor and the approval of the Plans. Landlord shall within three (3) business days after receipt thereof inform Subtenant of any changes which are necessary and Subtenant's contractor shall adhere to such estimatecorrected schedule; and (iii) Subtenant shall abide by all reasonable rules made by Landlord with respect to the use of freight, loading dock, and service elevators, storage of materials, coordination of work with the contractors of other tenants, and any other matter in connection with this Work Letter, including, without limitation, the construction of the Tenant Improvements.
(f) Subtenant or Subtenant's contractor or agents shall arrange for necessary utility, hoisting and elevator service with Landlord's contractor and shall pay such reasonable charges for such services as may be charged by Subtenant's or Landlord's contractor.
(g) Subtenant's entry to the Sublease Premises for any purpose, including, without limitation, inspection or performance of Subtenant construction by Subtenant's agents, prior to the date Subtenant's obligation to pay Rent commences shall be subject to all the terms and conditions of the Sublease except the payment of Rent. Upon such approval Subtenant's entry shall mean entry by TenantSubtenant, its officers, contractors, licensees, agents, servants, employees, guests, invitees, or confirmation visitors. Landlord and Sublandlord shall have the right to post the appropriate notices of non-responsibility and to require Subtenant to provide Landlord and Sublandlord with evidence that Subtenant has fulfilled its obligation to provide insurance pursuant to the Sublease.
(h) Subtenant shall promptly reimburse Landlord upon demand for any reasonable expense actually incurred by Landlord by reason of faulty work done by Subtenant or its contractors or by reason of inadequate clean-up.
(i) Subtenant hereby indemnifies and holds Sublandlord and Landlord harmless with respect to any and all costs, losses, damages, injuries and liabilities relating in any way to any act or omission of Subtenant or Subtenant's contractor or agents, or anyone directly or indirectly employed by any of them, in connection with the Tenant Improvements and any breach of Subtenant's obligations under this Work Letter, or in connection with Subtenant's non-payment of any amount arising out of the Tenant Improvements. Such indemnity by Subtenant, as set forth above, shall also apply with respect to any and all costs, losses, damages, injuries, and liabilities related in any way to Sublandlord's and Landlord's performance of any ministerial acts reasonably necessary (i) to permit Subtenant to complete the Tenant Improvements, and (ii) to enable Subtenant to obtain any building permit or certificate of occupancy for the Sublease Premises, except to the extent Landlord's actions are associated with completing the Building shell or core.
(j) Subtenant's contractor and the subcontractors utilized by Subtenant's contractor shall guarantee to Subtenant and for the benefit of Sublandlord and Landlord that the Change Order will portion of the Tenant Improvements for which it is responsible shall be free from any defects in workmanship and materials for a period of not result less than one (1) year from the date of completion thereof. Each of Subtenant's contractor and the subcontractors utilized by Subtenant's contractor shall be responsible for the replacement or repair, without additional charge, of all work done or furnished in accordance with its contract that shall become defective within one (1) year after the later to occur of (i) completion of the work performed by such contractor of subcontractors and (ii) the Sublease Commencement Date. The correction of such work shall include, without additional charge, all additional expenses and damages incurred in connection with such removal or replacement of all or any change in cost and/or Schedule, Landlord shall implement the Change Order as part of the Tenant Improvements, and/or the Building and/or common areas that may be damaged or disturbed thereby. Tenant acknowledges that the following items may result in changes All such warranties or guarantees as to materials or workmanship of or with respect to the Budget and/or Schedule:
(i) Municipal Tenant Improvements shall be contained in the construction contract or subcontract and shall be written such that such guarantees or warranties shall inure to the benefit of Sublandlord, Landlord and Subtenant, as their respective interests may appear, and can be directly enforced by any of the parties. Subtenant covenants to give to Landlord and Sublandlord any assignment or other governmental inspectors require changes assurances which may be reasonably necessary to the Premises effect such as code compliance changes. In such event, Landlord will notify Tenant rights of the required changes, but the increased cost of such changes, if any, and any delay associated with such changes shall be the responsibility of Tenantdirect enforcement.
(iik) Change Orders approved by Tenant. Any increased costs Commencing upon the execution of the Sublease, Subtenant shall hold weekly meetings at a reasonable time with the Space Planner and delays due to such approved Change Orders the contractor regarding the progress of the preparation of the Plans and the construction of the Tenant Improvements, which meetings shall be the responsibility of Tenant. Any delays caused held at a location designated by such approved Change Orders Subtenant, and Landlord and/or its agents shall not delay the Commencement Date of the Lease. Landlord shall not charge Tenant any administrative fees in respect of any Change Orders. Tenant receive prior notice of, and shall have five (5) business days the right to review and approve attend, all Change Orders and any additional review time by Tenant shall be a Tenant Delay.
(iii) If materials are not readily available, require quick ship charges, or require substitution, provided Landlord shall identify any such materials within ten (10) days of final approval of the Plansmeetings, and in any upon Landlord's advance request, certain of Subtenant's contractors shall attend such case, Tenant will be given notice and the opportunity to select alternate materialsmeetings.
(iv) Any Tenant Delay.
Appears in 1 contract
Construction of Tenant Improvements. Landlord shall obtain all state and local licenses, permits and approvals (whether governmental or non‑governmental) required to construct a. As part of the cost of the Tenant Improvements and for Tenant's occupancy to be paid by Tenant (subject to Landlord’s contribution of the PremisesTenant Improvement Allowance as provided herein), at Landlord’s option, Tenant shall reimburse Landlord for costs of remedying deficient or faulty work or inadequate clean-up done by Tenant or its contractor(s) and trash/dumpster use (unless Tenant’s Contractor uses its own dumpster with Landlord’s consent, in which event, trash removal shall be provided by Tenant’s Contractor; provided that in all events Tenant shall be responsible for removing its own trash from the Premises to the appropriate dumpster in connection with any construction or installation by Tenant or its agents). Tenant shall not be charged for use of construction electricity.
b. Landlord or its designated agent shall be afforded an opportunity to supervise all Tenant Improvements.
c. Landlord shall provide access not be liable for, and Tenant waives all claims against Landlord for, any defaults of the Tenant’s Contractor and all subcontractors and suppliers relating to construction of the Tenant Improvements. In the event of any such default, Tenant shall look solely to Tenant’s Contractor or the subcontractors or suppliers.
d. Tenant shall repair any damage to the General Contractor for Construction Building (including the premises of other tenants), or to the property of Landlord or other tenants, and shall indemnify, defend, protect and hold the Landlord and Landlord’s Agents harmless from any and all liabilities, obligations, damages, penalties, claims, costs, charges and expenses (including, without limitation, reasonable attorney’s fees) which arise from the negligence of Tenant or Tenant’s Agents (including without limitation Tenant’s Contractor) in the design of the Tenant Improvements and to the extent such access requires entry through space occupied by other tenants, Landlord shall provide for such access at its sole cost and expense. The Landlord shall engage, subject to Tenant’s reasonable approval, a general contractor to construct process of construction of the Tenant Improvements Improvements.
e. All Tenant Improvement Work shall be (the “General Contractor”). The General Contractor shall construct and install the Tenant Improvements 1) completed substantially in accordance with the approved Plans which expense shall be deducted from the Tenant Improvement Allowance. The Tenant Improvements shall be delivered via Associated General Contractors and Specifications; (AGC2) Guaranteed Maximum Price Contract (the "Contract") completed in accordance with Liquidated Damages of $500.00 per day for each day of delay in achieving in substantial completion beyond the date specified in the Contract, which date shall be no later than October 1, 2010, all Laws and a payment and performance bond. Any Liquidated Damages (less cost of collection) paid to Landlord shall accrue to the Tenantapplicable governmental requirements; provided, however, any paid Liquidated Damages for any Tenant Delay shall accrue to Landlord. The General Contractor shall obtain at least three (3) bids for all major trade work at the Premises. Landlord will work with the General Contractor to complete the Tenant Improvements by the Commencement Date. All contracts with vendors and subcontractors for construction of the Tenant Improvements will be negotiated by the General Contractor. All work performed in connection with the construction of the Premises shall be performed carried out promptly in a good and workmanlike manner, in accordance with all Applicable Laws and the final approved Plans. If materials are not readily available, require quick ship charges, or require substitution, the Tenant will be given notice and the opportunity to select alternate materials. Landlord shall insure that the Architect conducts a periodic review ; (a minimum of once every two weeks4) of all new materials, unless Landlord agrees otherwise in writing; and (5) free of defect in materials and workmanship.
f. Tenant’s Contractor and all subcontractors shall abide by the progress of Landlord’s reasonable construction to ensure compliance rules.
g. Tenant shall obtain all necessary occupancy permits with the Plans. Tenant may from time to time request in writing changes respect to the Plans (a “Change Order”), subject Premises and shall provide duplicate copies thereof to Landlord’s consent, which shall not be unreasonably withheld. Landlord shall cause Contractor to provide an estimate of any change in the Construction Cost and/or Schedule. Tenant shall have not occupy the right Premises prior to elect whether or not to proceed obtaining all necessary occupancy permits for such occupancy and having complied with the Change Order within five (5) business days after receipt insurance requirements of such estimate. Upon such approval by Tenant, or confirmation by Landlord that the Change Order will not result in any change in cost and/or Schedule, Landlord shall implement the Change Order as part of the Tenant Improvements. Tenant acknowledges that the following items may result in changes this Lease applicable to the Budget and/or Schedule:
(i) Municipal or other governmental inspectors require changes to the Premises such as code compliance changes. In such event, Landlord will notify Tenant of the required changes, but the increased cost of such changes, if any, and any delay associated with such changes shall be the responsibility of TenantTerm.
(ii) Change Orders approved by Tenant. Any increased costs and delays due to such approved Change Orders shall be the responsibility of Tenant. Any delays caused by such approved Change Orders shall not delay the Commencement Date of the Lease. Landlord shall not charge Tenant any administrative fees in respect of any Change Orders. Tenant shall have five (5) business days to review and approve all Change Orders and any additional review time by Tenant shall be a Tenant Delay.
(iii) If materials are not readily available, require quick ship charges, or require substitution, provided Landlord shall identify any such materials within ten (10) days of final approval of the Plans, and in any such case, Tenant will be given notice and the opportunity to select alternate materials.
(iv) Any Tenant Delay.
Appears in 1 contract
Construction of Tenant Improvements. Landlord shall obtain all state and local licenses(a) Tenant has inspected the Additional Space, permits and approvals (whether governmental or non‑governmental) required to construct is familiar with the Tenant Improvements and for Tenant's occupancy condition of the Premises. Landlord shall provide access Additional Space and agrees to the General Contractor for Construction accept possession of the Tenant Improvements and to the extent such access requires entry through space occupied by other tenantsAdditional Space in its current condition, AS-IS; except that Landlord shall provide for such access at its sole cost and expenseexpense will replace the remaining single pane windows in Suite 100B of the Additional Space with Building standard double pane windows. The Landlord Tenant shall engage, subject to Tenant’s reasonable approval, a general contractor to construct cause those improvements necessary for its use of the Tenant Improvements Additional Space (the “General "Tenant Improvements") to be constructed by TCI Construction, Inc. (the "Contractor”). The General Contractor shall construct and install the Tenant Improvements ") in accordance with the Plans plans and specifications approved by Landlord, which expense shall approval will not be deducted from the Tenant Improvement Allowanceunreasonably withheld or delayed. The construction contract between Tenant Improvements shall and Contractor will be delivered via Associated General Contractors (AGC) Guaranteed Maximum Price Contract (subject to the "Contract") with Liquidated Damages approval of $500.00 per day for each day of delay in achieving in substantial completion beyond the date specified in the ContractLandlord, which date shall approval will not be no later than October 1, 2010, and a payment and performance bond. Any Liquidated Damages (less cost of collection) paid to Landlord shall accrue to the Tenant; provided, however, any paid Liquidated Damages for any Tenant Delay shall accrue to Landlord. The General Contractor shall obtain at least three (3) bids for all major trade work at the Premises. Landlord will work with the General Contractor to complete the Tenant Improvements by the Commencement Date. All contracts with vendors and subcontractors for construction of the Tenant Improvements will be negotiated by the General Contractorunreasonably withheld or delayed. All work performed in connection with the construction must be done by Contractor on behalf of the Premises shall be performed Tenant in a good and workmanlike manner.
(b) Landlord will reimburse Tenant in an amount not to exceed $46,820.00 for all costs of completing the work, including the Contractor's fees, design fees, Landlord's coordination fees (not in accordance with all Applicable Laws and the final approved Plans. If materials are not readily available, require quick ship charges, or require substitution, the Tenant will be given notice and the opportunity to select alternate materials. Landlord shall insure that the Architect conducts a periodic review excess of two percent (a minimum of once every two weeks2%) of the progress balance of construction to ensure compliance with the Plans. Tenant may from time to time request in writing changes to cost of the Plans (a “Change Order”work), subject to Landlord’s consentarchitect's fees, which shall not be unreasonably withheld. Landlord shall cause Contractor to provide an estimate of demolition costs, permit fees and any change in the Construction Cost and/or Scheduleapplicable taxes. Tenant shall have the right pay all additional costs to elect whether or not to proceed with the Change Order within five (5) business days after receipt of such estimate. Upon such approval by Tenant, or confirmation by Landlord that the Change Order will not result in any change in cost and/or Schedule, Landlord shall implement the Change Order as part of design and complete the Tenant Improvements. Tenant acknowledges that the following items may result shall indemnify, defend and hold Landlord harmless from and against any and all liens, losses, damages, claims or expenses (including reasonable attorneys' fees) arising out of or in changes any way related to the Budget and/or Schedule:
(i) Municipal design and construction of the Tenant Improvements, except to the extent that any such liens, losses, claims or expenses result from the negligence or intentional misconduct of Landlord or its agents or employees. Tenant agrees that if Contractor or any subcontractor or other governmental inspectors require changes person or entity performing work or supplying materials or equipment in connection with the Tenant Improvements files a lien against the Building or the Premises, then at Landlord's request, Tenant shall purchase and record a bond in the type required under RCW 60.04.161 in order to release the Building, the Premises such as code compliance changesand the real property on which the Building is located from the lien. In such eventWhen the Tenant Improvements are completed, Tenant shall deliver to Landlord will notify Tenant of the required changes, but the increased cost of such changes, if any, a full and complete unconditional lien release from Contractor and any delay associated with such changes shall be the responsibility of Tenantsubcontractors designated by Landlord.
(ii) Change Orders approved by Tenant. Any increased costs and delays due to such approved Change Orders shall be the responsibility of Tenant. Any delays caused by such approved Change Orders shall not delay the Commencement Date of the Lease. Landlord shall not charge Tenant any administrative fees in respect of any Change Orders. Tenant shall have five (5) business days to review and approve all Change Orders and any additional review time by Tenant shall be a Tenant Delay.
(iii) If materials are not readily available, require quick ship charges, or require substitution, provided Landlord shall identify any such materials within ten (10) days of final approval of the Plans, and in any such case, Tenant will be given notice and the opportunity to select alternate materials.
(iv) Any Tenant Delay.
Appears in 1 contract
Samples: Lease (Pacifica Bancorp Inc)
Construction of Tenant Improvements. (a) Tenant shall, at Tenant’s expense, submit to Landlord shall obtain final and 100% complete dimensioned and detailed plans and drawings of partition layouts (including openings). ceiling and lighting layouts, colors, mechanical and electrical circuitry plans and any and all state and local licenses, permits and approvals (whether governmental or non‑governmental) required other information as may be reasonably necessary to construct complete the Tenant Improvements and for Tenant's occupancy of the Premises. Landlord shall provide access to the General Contractor for Construction construction of the Tenant Improvements (such plans are collectively referred to herein as “Tenant’s Plans”). Tenant shall submit Tenant’s Plans to Landlord in form, quality and quantity acceptable for the purposes of filing for a building permit with the Building Department of the City of Stamford, and such plans shall be signed and sealed by an architect licensed in the State of Connecticut, Tenant’s Plans shall comply with Applicable Laws, Tenant shall be permitted to file progress prints of such plans and specifications for all or any portion of the extent such access requires entry through space occupied by other tenantsTenant Improvements for Landlord’s review.
(b) Within ten (10) Business Days after receipt of the complete Tenant’s Plans (which plans shall be accompanied with a notice stating in bold face all-capitals 12-point type “FAILURE OF LANDLORD TO DISAPPROVE THESE PLANS AND SPECIFICATIONS WITHIN TEN (10) BUSINESS DAYS AFTER RECEIPT SHALL BE DEEMED APPROVAL”), Landlord shall notify Tenant in writing whether Landlord approves or disapproves the Tenant’s Plans, and Landlord shall describe the reasons for any such disapproval. If Landlord fails to so notify Tenant within such ten (10) Business Day period, then Landlord shall be deemed to have approved the Tenant’s Plans. Tenant may submit to Landlord revised Tenant’s Plans for Landlord’s prior written approval, and within five (5) Business Days after receipt of the complete revised Tenant’s Plans, Landlord shall notify Tenant in writing whether Landlord approves or disapproves such revised Tenant’s Plans, and Landlord shall describe the reasons for any such disapproval, If Landlord fails to so notify Tenant within such five (5) Business Day period, then Landlord shall be deemed to have approved such revised Tenant’s Plans, This procedure shall be repeated until Tenant’s Plans are finally approved (or deemed approved) by Landlord. If Landlord shall have approved any progress prints pursuant to subsection 22.2(a), Landlord shall not disapprove any Tenant’s Plans on the basis of any matters in such plans that are substantially in conformity with those matters previously approved by Landlord in the progress prints, Tenant’s Plans shall comply with and conform to the plans and specifications of the Building and comply with all the rules, regulations and/or other requirements of any governmental department having jurisdiction over the construction of the Building. Tenant shall prepare Tenant’s Plans in accordance with pre-existing conditions and field measurements. Landlord’s review of Tenant’s Plans is solely to protect the interests of Landlord in the Building, and Landlord shall be neither the guarantor of, nor responsible for, the correctness or accuracy of Tenant’s Plans or the compliance of Tenant’s Plans with Applicable Laws. At the time of, and in conjunction with, Landlord’s approval of Tenant’s Plans pursuant to this subsection, Landlord shall give notice to Tenant as to which parts of the Tenant Improvements shall constitute Nonstandard Improvements and, therefore, must be removed by Tenant at the expiration or earlier termination of this Lease. (As to any of Tenant’s Plans deemed approved by Landlord, Landlord must provide for such notice before the date such Tenant’s Plans are deemed so approved.) If Tenant does not provide Landlord with notice that Tenant disputes such determination of which parts of the Tenant Improvements constitute Nonstandard Improvements within ten (10) Business Days of Tenant’s receipt of Landlord’s notice, then Landlord’s determination shall be conclusive. If Tenant shall provide such notice and the parties are unable to agree as to which parts of the Tenant Improvements constitute Nonstandard Improvements, then the determination as to the Tenant Improvements in dispute shall be made by the Arbitrator.
(c) Upon Landlord providing access on the Substantial Completion Date to Tenant to the entire Premises to commence Tenant Improvements (including access through Common Areas), Tenant shall, at its sole cost, risk and expense, cause to be constructed and completed Tenant Improvements, Tenant shall, only after having obtained Landlord’s written approval (or deemed approval) of the Tenant’s Plans as provided in Section 22.2(b), and at its sole cost and expense, be responsible for obtaining all governmental permits as shall be required for the completion of Tenant Improvements, or, if Landlord or Tenant shall deem the same reasonably advisable (or the applicable governmental authority shall so require), Landlord may procure such permits and Tenant shall pay for same. The Landlord shall engage, subject to Tenant’s reasonable approval, a general contractor to construct reasonably and timely cooperate with Tenant in connection with obtaining necessary permits for the Tenant Improvements and other Alterations, Tenant shall reimburse Landlord, within thirty (the “General Contractor”30) days after demand therefor (together with reasonable backup documentation). The General Contractor shall construct and install the Tenant Improvements in accordance with the Plans which expense shall be deducted from the Tenant Improvement Allowance. The Tenant Improvements shall be delivered via Associated General Contractors (AGC) Guaranteed Maximum Price Contract (the "Contract") with Liquidated Damages of $500.00 per day for each day of delay in achieving in substantial completion beyond the date specified in the Contract, which date shall be no later than October 1, 2010, and a payment and performance bond. Any Liquidated Damages (less cost of collection) paid to Landlord shall accrue to the Tenant; provided, however, any paid Liquidated Damages for any Tenant Delay shall accrue to Landlord. The General Contractor shall obtain at least three (3) bids for all major trade work at the Premises. reasonable and actual out of pocket, third party costs and expenses reasonably incurred by Landlord will work with the General Contractor to complete the Tenant Improvements by the Commencement Date. All contracts with vendors and subcontractors for construction of the Tenant Improvements will be negotiated by the General Contractor. All work performed in connection with the construction of Landlord’s cooperation in obtaining such permits and changes, Any entry by Tenant in or on the Premises shall be performed at Tenant’s sole risk and, upon request of Landlord, Tenant shall pay for insurance in a good and workmanlike manner, in accordance with all Applicable Laws and amounts that satisfy the final approved Plans. If materials are not readily available, require quick ship charges, or require substitution, the Tenant will be given notice and the opportunity to select alternate materials. Landlord shall insure that the Architect conducts a periodic review (a minimum of once every two weeks) requirements of the progress of Lease.
(d) Tenant’s general contractor, construction to ensure compliance with the Plans. Tenant may from time to time request in writing changes to the Plans (a “Change Order”), manager and subcontractors shall be subject to Landlord’s consentprior written approval as provided in Article 9, the decision on which approval shall not be unreasonably withheld. conditioned or delayed, but may be withheld by Landlord in Landlord’s sole discretion, Landlord shall cause Contractor to provide an estimate of any change in the Construction Cost and/or Schedule. Tenant shall have be provided the right to elect whether or not submit a proposal to proceed with the Change Order within five (5) business days after receipt of such estimate. Upon such approval by Tenant, or confirmation by Landlord that the Change Order will not result in any change in cost and/or Schedule, Landlord shall implement the Change Order as part of perform the Tenant Improvements. Tenant acknowledges that shall not be required to use contractors designated by Landlord, except for work which affects the following items may result Base Building Systems or the Structural Elements.
(e) In the event Tenant or Tenant’s contractor shall enter upon the Premises for the purpose of performing Tenant Improvements, in changes accordance with this Lease, Tenant shall, in accordance with Section 20.1, indemnify and save Landlord (and Landlord’s employees, contractors, agents and Mortgagees) free and harmless from and against any and all claims to the Budget and/or Schedule:extent arising from or out of any entry thereon or the performance of said work and from and against any and all claims to the extent arising from or claimed to arise from any act or neglect of Tenant or Tenant’s Representatives or to the extent arising from any failure to act, or to the extent arising from any other reason whatsoever arising out of said entry or such work.
(if) Municipal Tenant, at its expense, and with diligence and dispatch, shall procure the cancellation or other governmental inspectors require changes discharge of all notices of violation arising from or otherwise connected with Tenant Improvements which shall be issued by any public authority having or asserting jurisdiction, Landlord does not consent to be liable for any improvements or alterations made to the Premises by Tenant, its employees, agents or contractors, Tenant shall, in accordance with Section 20.1, defend, indemnify, and harmless Landlord against any and all mechanics and other liens in connection with Tenant Improvements, including but not limited to the liens of any conditional sale of, or chattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of the Premises and against all costs, counsel fees, fines, expenses and liabilities reasonably incurred in connection with any such as code compliance changes. In such eventlien, conditional sale or chattel mortgage or any action or proceeding brought thereon, Landlord will notify Tenant of the required changes, but the increased cost of such changes, if any, and shall not be obligated to pay for any delay associated with such changes shall be the responsibility of materials or labor ordered by Tenant.
(iig) Change Orders approved Tenant, at its expense, shall procure the satisfaction or discharge, by Tenantbonding, payment, deposit, court order or otherwise, of all such mechanics and other liens within 60 days after notice to Tenant from Landlord of the filing of such lien against the Property, If Tenant shall fail to cause such lien to be discharged within the period aforesaid, then, in addition to any other right or remedy, Landlord may, but shall not be obligated to, discharge the same either by paying the amount claimed to be due or by procuring the discharge of such lien by deposit or by bonding proceedings. Any increased amount so paid by Landlord and all reasonable, out-of- pocket costs and delays due to such approved Change Orders expenses incurred by Landlord, in connection therewith shall constitute Additional Rent payable by Tenant under this Lease and shall be the responsibility of Tenant. Any delays caused paid by such approved Change Orders shall not delay the Commencement Date of the Lease. Tenant to Landlord within thirty (30) days following written demand.
(h) Landlord shall not charge be entitled to a fee for supervision or overhead expenses in connection with the Tenant any administrative fees in respect of any Change Orders. Tenant shall have five (5) business days to review and approve all Change Orders and any additional review time by Improvements, Tenant shall be a Tenant Delay.
(iii) If materials are responsible for all reasonable third party costs, not readily availableto exceed $10,000.00 in the aggregate, require quick ship charges, or require substitution, provided incurred by Landlord shall identify any such materials within ten (10) days for the performance of final approval review of the Plans, and in any such case, Tenant will be given notice and the opportunity to select alternate materialsImprovements by third party professionals.
(iv) Any Tenant Delay.
Appears in 1 contract
Samples: Assignment and Assumption of Lease (SpringWorks Therapeutics, Inc.)
Construction of Tenant Improvements. (a) Tenant shall, at Tenant’s expense, submit to Landlord shall obtain final and 100% complete dimensioned and detailed plans and drawings of partition layouts (including openings), ceiling and lighting layouts, colors, mechanical and electrical circuitry plans and any and all state and local licenses, permits and approvals (whether governmental or non‑governmental) required other information as may be reasonably necessary to construct complete the Tenant Improvements and for Tenant's occupancy of the Premises. Landlord shall provide access to the General Contractor for Construction construction of the Tenant Improvements (such plans are collectively referred to herein as “Tenant’s Plans”). Tenant shall submit Tenant’s Plans to Landlord in form, quality and quantity acceptable for the purposes of filing for a building permit with the Building Department of the City of Stamford, and such plans shall be signed and sealed by an architect licensed in the State of Connecticut. Tenant’s Plans shall comply with Applicable Laws. Prior to Tenant’s submission to Landlord of Tenant’s Plans, Tenant shall be permitted to file schematic and/or progress prints of such plans and specifications for all or any portion of the extent such access requires entry through space occupied by other tenantsTenant Improvements for Landlord’s review and approval.
(b) Within ten (10) Business Days after receipt of the complete Tenant’s Plans (which plans shall be accompanied with a notice stating in bold face all-capitals 12-point type “FAILURE OF LANDLORD TO DISAPPROVE THESE PLANS AND SPECIFICATIONS WITHIN TEN (10) BUSINESS DAYS AFTER RECEIPT SHALL BE DEEMED APPROVAL”), Landlord shall notify Tenant in writing whether Landlord approves or disapproves the Tenant’s Plans, and Landlord shall describe the reasons for any such disapproval. If Landlord fails to so notify Tenant within such ten (10) Business Day period, then Landlord shall be deemed to have approved the Tenant’s Plans. Tenant may submit to Landlord revised Tenant’s Plans for Landlord’s prior written approval, and within five (5) Business Days after receipt of the complete revised Tenant’s Plans, Landlord shall notify Tenant in writing whether Landlord approves or disapproves such revised Tenant’s Plans, and Landlord shall describe the reasons for any such disapproval. If Landlord fails to so notify Tenant within such five (5) Business Day period, then Landlord shall be deemed to have approved such revised Tenant’s Plans. This procedure shall be repeated until Tenant’s Plans are finally approved (or deemed approved) by Landlord. If Landlord shall have approved any progress prints pursuant to subsection 22.2(a), Landlord shall not disapprove any Tenant’s Plans on the basis of any matters in such plans that are substantially in conformity with those matters previously approved by Landlord in the progress prints. Tenant’s Plans shall comply with and conform to the plans and specifications of the Building and comply with all the rules, regulations and/or other requirements of any governmental department having jurisdiction over the construction of the Building. Tenant shall prepare Tenant’s Plans in accordance with pre-existing conditions and field measurements. Landlord’s review of Tenant’s Plans is solely to protect the interests of Landlord in the Building, and Landlord shall be neither the guarantor of, nor responsible for, the correctness or accuracy of Tenant’s Plans or the compliance of Tenant’s Plans with Applicable Laws. At the time of, and in conjunction with, Landlord’s approval of Tenant’s Plans pursuant to this subsection, Landlord shall give notice to Tenant as to which parts of the Tenant Improvements shall constitute Nonstandard Improvements and, therefore, must either be removed by Tenant at the expiration or earlier termination of this Lease or, at Tenant’s option, abandoned in place by Tenant in which case Tenant shall pay Landlord’s reasonable excess demolition cost resulting from such abandonment. (As to any of Tenant’s Plans deemed approved by Landlord, Landlord must provide for such notice before the date such Tenant’s Plans are deemed so approved.) If Tenant does not provide Landlord with notice that Tenant disputes such determination of which parts of the Tenant Improvements constitute Nonstandard Improvements within ten (10) Business Days of Tenant’s receipt of Landlord’s notice, then Landlord’s determination shall be conclusive. If Tenant shall provide such notice and the parties are unable to agree as to which parts of the Tenant Improvements constitute Nonstandard Improvements, then the determination as to the Tenant Improvements in dispute shall be made by the Arbitrator.
(c) Upon Landlord providing access on the Substantial Completion Date to Tenant to the entire Premises to commence Tenant Improvements, Tenant shall, at its sole cost, risk and expense, cause to be constructed and completed Tenant Improvements. Tenant shall, only after having obtained Landlord’s written approval (or deemed approval) of the Tenant’s Plans as provided in Section 22.2(b), and at its sole cost and expense, be responsible for obtaining all governmental permits as shall be required for the completion of Tenant Improvements, or, if Landlord or Tenant shall deem the same reasonably advisable (or the applicable governmental authority shall so require), Landlord may procure such permits and Tenant shall pay for same. The Landlord shall engage, subject to Tenant’s reasonable approval, a general contractor to construct reasonably and timely cooperate with Tenant in connection with obtaining necessary permits for the Tenant Improvements and other Alterations. Tenant shall reimburse Landlord, within thirty (30) days after demand therefor (together with reasonable backup documentation), for all reasonable and actual out of pocket, third party costs and expenses reasonably incurred by Landlord in connection with Landlord’s cooperation in obtaining such permits and changes. Any entry by Tenant in or on the “General Contractor”)Premises shall be at Tenant’s sole risk and, upon request of Landlord, Tenant shall pay for insurance in amounts that satisfy the requirements of the Lease.
(d) Tenant’s general contractor, construction manager and subcontractors shall be subject to Landlord’s prior written approval as provided in Article 9, which approval shall not be unreasonably conditioned or delayed, but may be withheld in Landlord’s sole discretion. The General Contractor At Tenant’s request, Landlord shall construct and install provide Tenant with a list of approved, independent contractors. Tenant shall not be required to use contractors designated by Landlord, except for work which affects the Base Building Systems or the Structural Elements.
(e) In the event Tenant Improvements or Tenant’s contractor shall enter upon the Premises for the purpose of performing Tenant Improvements, in accordance with this Lease, Tenant shall, in accordance with Section 20.1, indemnify and save Landlord (and Landlord’s employees, contractors, agents and Mortgagees) free and harmless from and against any and all claims to the Plans which expense extent arising from or out of any entry thereon or the performance of said work and from and against any and all claims to the extent arising from or claimed to arise from any act or neglect of Tenant or Tenant’s Representatives or to the extent arising from any failure to act, or to the extent arising from any other reason whatsoever arising out of said entry or such work. To the extent practicable, Landlord shall be deducted from permit Tenant to enter upon certain designated portions of the Premises prior to the Commencement Date for purposes of delivering construction materials pertaining to the Tenant Improvement Allowance. The Tenant Improvements shall be delivered via Associated General Contractors (AGC) Guaranteed Maximum Price Contract (Improvements, taking measurements or otherwise reasonably preparing the "Contract") with Liquidated Damages of $500.00 per day Premises for each day of delay in achieving in substantial completion beyond the date specified in the Contract, which date shall be no later than October 1, 2010, and a payment and performance bond. Any Liquidated Damages (less cost of collection) paid to Landlord shall accrue to the Tenant; provided, however, any paid Liquidated Damages for any Tenant Delay shall accrue to Landlord. The General Contractor shall obtain at least three (3) bids for all major trade work at the Premises. Landlord will work with the General Contractor to complete the Tenant Improvements by the Commencement Date. All contracts with vendors and subcontractors for construction of the Tenant Improvements.
(f) Tenant, at its expense, and with diligence and dispatch, shall procure the cancellation or discharge of all notices of violation arising from or otherwise connected with Tenant Improvements will which shall be negotiated issued by the General Contractorany public authority having or asserting jurisdiction. All work performed in connection with the construction of Landlord does not consent to be liable for any improvements or alterations made to the Premises shall be performed in a good and workmanlike mannerby Tenant, its employees, agents or contractors. Tenant shall, in accordance with Section 20.1, defend, indemnify, and save harmless Landlord against any and all Applicable Laws mechanics and other liens in connection with Tenant Improvements, including but not limited to the final approved Plans. If materials are not readily available, require quick ship chargesliens of any conditional sale of, or require substitutionchattel mortgages upon, any materials, fixtures, or articles so installed in and constituting part of the Tenant will be given notice Premises and the opportunity to select alternate materialsagainst all costs, counsel fees, fines, expenses and liabilities reasonably incurred in connection with any such lien, conditional sale or chattel mortgage or any action or proceeding brought thereon. Landlord shall insure that not be obligated to pay for any materials or labor ordered by Tenant.
(g) Tenant, at its expense, shall procure the Architect conducts a periodic review (a minimum satisfaction or discharge, by bonding, payment, deposit, court order or otherwise, of once every two weeks) all such mechanics and other liens within 60 days after notice to Tenant from Landlord of the progress filing of construction such lien against the Property. If Tenant shall fail to ensure compliance with cause such lien to be discharged within the Plans. Tenant may from time period aforesaid, then, in addition to time request in writing changes to the Plans (a “Change Order”)any other right or remedy, subject to Landlord’s consentLandlord may, which but shall not be unreasonably withheldobligated to, discharge the same either by paying the amount claimed to be due or by procuring the discharge of such lien by deposit or by bonding proceedings. Any amount so paid by Landlord and all reasonable, out-of-pocket costs and expenses incurred by Landlord, in connection therewith shall constitute Additional Rent payable by Tenant under this Lease and shall be paid by Tenant to Landlord within thirty (30) days following written demand.
(h) Landlord shall cause Contractor not be entitled to provide an estimate of any change a fee for supervision or overhead expenses in the Construction Cost and/or Schedule. Tenant shall have the right to elect whether or not to proceed connection with the Change Order within five (5) business days after receipt of such estimate. Upon such approval by Tenant, or confirmation by Landlord that the Change Order will not result in any change in cost and/or Schedule, Landlord shall implement the Change Order as part of the Tenant Improvements. Tenant acknowledges that shall be responsible for all reasonable third party costs, not to exceed $15,000 in the following items may result in changes to aggregate, incurred by Landlord for the Budget and/or Schedule:
(i) Municipal or other governmental inspectors require changes to the Premises such as code compliance changes. In such event, Landlord will notify Tenant performance of review of the required changes, but the increased cost of such changes, if any, and any delay associated with such changes shall be the responsibility of TenantTenant Improvements by third party professionals.
(ii) Change Orders approved by Tenant. Any increased costs and delays due to such approved Change Orders shall be the responsibility of Tenant. Any delays caused by such approved Change Orders shall not delay the Commencement Date of the Lease. Landlord shall not charge Tenant any administrative fees in respect of any Change Orders. Tenant shall have five (5) business days to review and approve all Change Orders and any additional review time by Tenant shall be a Tenant Delay.
(iii) If materials are not readily available, require quick ship charges, or require substitution, provided Landlord shall identify any such materials within ten (10) days of final approval of the Plans, and in any such case, Tenant will be given notice and the opportunity to select alternate materials.
(iv) Any Tenant Delay.
Appears in 1 contract
Samples: Lease (KAYAK SOFTWARE Corp)
Construction of Tenant Improvements. Within thirty (30) days after ----------------------------------- the execution this Lease, Tenant shall deliver to Landlord such drawings and specifications (the "Tenant Improvements Drawings and Specifications") as are reasonably necessary to describe the improvements to the Premises which Tenant desires to have made (the "Tenant Improvements"). The Tenant Improvements are subject to Landlord's approved, which approval shall not be unreasonably withheld or delayed. Landlord shall obtain diligently proceed to have the Tenant Improvements constructed as set forth in this Section 4.D and to have issued all state necessary certificates of occupancy and local licenses, all other permits and approvals required to occupy the Premises (whether governmental or non‑governmentalthe "Occupancy Permits") required pursuant to the Schedule. Landlord shall use subcontractors to construct the Tenant Improvements and for Tenant's occupancy Improvements. For each portion of the Premises. work, Landlord shall provide access make a good faith attempt to obtain bids from at least three subcontractors which (i) are properly licensed to construct the General Contractor for Construction respective portion of the Tenant Improvements and to the extent on which such access requires entry through space occupied by other tenantssubcontractors are bidding, Landlord shall provide for such access at its sole cost and expense. The Landlord shall engage, subject to Tenant’s reasonable approval, a general contractor to construct the Tenant Improvements (the “General Contractor”). The General Contractor shall construct and install the Tenant Improvements in accordance ii) are not affiliated with the Plans which expense shall be deducted from the Tenant Improvement Allowance. The Tenant Improvements shall be delivered via Associated General Contractors (AGC) Guaranteed Maximum Price Contract (the "Contract") with Liquidated Damages of $500.00 per day for each day of delay in achieving in substantial completion beyond the date specified in the Contract, which date shall be no later than October 1, 2010Landlord, and a payment (ii) Landlord believes are reputable, competent and performance bond. Any Liquidated Damages (less cost of collection) paid to Landlord shall accrue to the Tenant; provided, however, any paid Liquidated Damages for any Tenant Delay shall accrue to Landlord. The General Contractor shall obtain at least three (3) bids for all major trade work at the Premises. Landlord will work with the General Contractor to complete the Tenant Improvements by the Commencement Date. All contracts with vendors and subcontractors for construction of the Tenant Improvements will be negotiated by the General Contractor. All work performed in connection with the construction of the Premises shall be performed in a good and workmanlike manner, in accordance with all Applicable Laws and the final approved Plans. If materials are not readily available, require quick ship charges, or require substitution, the Tenant will be given notice and the opportunity to select alternate materialsefficient. Landlord shall insure that the Architect conducts a periodic submit all such bids to Tenant for Tenant's review (a minimum of once every two weeks) of the progress of construction together with Landlord's recommendation as to ensure compliance with the Plans. Tenant may from time which subcontractor should be selected to time request in writing changes to the Plans (a “Change Order”), subject to Landlord’s consent, which shall not be unreasonably withheld. Landlord shall cause Contractor to provide an estimate of any change in the Construction Cost and/or Schedule. Tenant shall have the right to elect whether or not to proceed with the Change Order within five (5) business days after receipt of such estimate. Upon such approval by Tenant, or confirmation by Landlord that the Change Order will not result in any change in cost and/or Schedule, Landlord shall implement the Change Order as part construct each portion of the Tenant Improvements. Tenant acknowledges that shall designate which subcontractor is to construct each portion of the following items may result in changes Tenant Improvements (the "Designated Tenant Improvements Subcontractor"). Landlord promptly shall employ the Designated Tenant Improvements Subcontractor to the Budget and/or Schedule:
(i) Municipal or other governmental inspectors require changes to the Premises such as code compliance changesdo so. In such eventThereafter, Landlord will notify shall cause the Designated Tenant of Improvements Subcontractor to prosecute the required changes, but the increased cost construction of such changesDesignated Tenant Improvements diligently to completion in conformance with the Tenant Improvements Drawings and Specifications and in compliance with all applicable laws, if anystatutes, orders, ordinances, rules and any delay associated with such changes shall be the responsibility regulations. Subject to Section 4.F of Tenant.
(ii) Change Orders approved by Tenant. Any increased costs and delays due to such approved Change Orders shall be the responsibility of Tenant. Any delays caused by such approved Change Orders shall not delay the Commencement Date of the this Lease. , Landlord shall not charge cause the Tenant any administrative fees Improvements to be so constructed and all Occupancy Permits to be issued in respect of any Change Orders. Tenant shall have five (5) business days to review and approve all Change Orders and any additional review time by Tenant shall be a Tenant Delayaccordance with the Schedule.
(iii) If materials are not readily available, require quick ship charges, or require substitution, provided Landlord shall identify any such materials within ten (10) days of final approval of the Plans, and in any such case, Tenant will be given notice and the opportunity to select alternate materials.
(iv) Any Tenant Delay.
Appears in 1 contract
Samples: Lease Agreement (Wells Real Estate Investment Trust Inc)
Construction of Tenant Improvements. Tenant shall hire Xxxxxxxx, Inc., or another architect and engineer acceptable to Landlord who shall design the plans and specifications for the finishing of the Leased Premises (the "Tenant Improvements"). Tenant acknowledges that it has received and reviewed all information necessary from Landlord and Landlord's representatives with respect to the Base Building, in order for Tenant's architect and engineer to complete the plans and specifications for the finishing of the Leased Premises (the "TI Plans and Specifications"). The TI Plans and Specifications are subject to the prior written approval of Landlord and Landlord's architect, which approvals shall not be unreasonably withheld or conditioned. Landlord shall obtain notify Tenant within seven (7) calendar days following submission of the TI Plans and Specifications to Landlord of Landlord's approval or disapproval of same or of Landlord's requirement for and estimate of additional time to review the plans and specifications. Failure to respond to Tenant's request for approval within such seven calendar day period, shall be deemed to constitute approval thereof. The TI Plans and Specifications, when approved, shall be initialled by the parties, shall be attached hereto as "Exhibit C" and shall be incorporated into this Lease by reference. Subject to and except as otherwise provided in this Lease and further subject to and except for Landlord's responsibility for the Base Building Plans and Specifications and Base Building, Tenant shall bear full responsibility for the TI Plans and Specifications and the improvements to the Leased Premises constructed in accordance with the TI Plans and Specifications, as being in compliance with all state applicable requirements of law, including without limitation, the ADA, as amended. Tenant releases Landlord from any claim by Tenant arising out of failure of the Leased Premises to be in compliance with all applicable requirements of law. Landlord shall contribute Twenty-Eight Dollars and local licensesFifty Cents ($28.50) multiplied by the Rentable Area of the Leased Premises ("Landlord's Initial Contribution") toward the cost of the Tenant Improvements, permits including Tenant's architectural and approvals engineering design fees, and the cost of exterior signage (whether governmental or non‑governmental) required to the "Leased Premises Cost"). After the TI Plans and Specifications are approved, Landlord shall construct the Tenant Improvements and finish the Leased Premises for Tenant's occupancy of Tenant in accordance with the Premises. Landlord shall provide access to TI Plans and Specifications and the General Contractor for Construction terms of the Tenant Improvements Construction Agreement hereinafter defined. The Leased Premises Cost shall include the total cost of all labor and to materials incurred by Landlord in connection with finishing the extent such access requires entry through space occupied by other tenantsLeased Premises, plus a fee of five percent (5%) of all hard costs in connection therewith, plus an additional general conditions fee of One Hundred Fourteen Thousand Dollars ($114,000) in connection therewith. In the event the Leased Premises Cost exceeds Three Million Dollars ($3,000,000.00), Landlord shall provide credit Tenant with sixty-seven percent (67%) of that portion of the general contractor's fee payable to Landlord's contractor (as discussed above) which exceeds One Hundred Fifty Thousand Dollars ($150,000.00), up to a maximum credit of Sixty-Seven Thousand Dollars ($67,000.00). For example, in the event the Leased Premises Cost is $5,000,000.00, said credit to Tenant shall be $67,000.00. ($5,000,000 x .05 = $250,000.00. $250,000,00 - $150,000.00 = $100,000. $100,000 x .67 = $67,000.00). Said credit shall be applied first to Tenant Improvements and then to installments of Basic Annual Rent due under this Lease. Subject to the following, any charges and expenses incurred for such access at work and material respecting the finishing of the Leased Premises which are in excess of Landlord's Initial Contribution, up to Fifty-Seven Dollars ($57.00) multiplied by the Rentable Area of the Leased Premises ("Tenant's Minimum Contribution"), shall be paid by Tenant. In the event that the total cost of Tenant Improvements exceeds the amount of Landlord's Initial Contribution and Tenant's Minimum Contribution (i.e., $85.50 p.s.f.), and provided Tenant has fulfilled its sole cost and expense. The Landlord shall engage, subject obligations with respect to Tenant’s reasonable approval's Minimum Contribution, all charges and expenses incurred for work and material respecting the finishing of the Leased Premises over and above such amount, shall be initially shared equally by Landlord and Tenant with a general contractor to construct maximum additional Landlord contribution of Twenty Dollars ($20.00) per rentable square foot of the Tenant Improvements Leased Premises (the “General Contractor”"Landlord's Additional Contribution"). The General Contractor Landlord's Additional Contribution, if any, shall construct and install the be repaid by Tenant Improvements to Landlord in accordance equal monthly installments together with the Plans monthly rent payments, which expense installments shall be deducted from determined by amortizing Landlord's Additional Contribution, together with interest at the Tenant Improvement Allowancerate of ten and one-half percent (10.5%) per annum, over the original ten year term of this Lease. The Tenant Improvements Any costs in connection with the finishing of the Leased Premises in excess of Landlord's Initial Contribution, Landlord's Additional Contribution and Tenant's Minimum Contribution shall be delivered via Associated General Contractors (AGC) Guaranteed Maximum Price Contract (paid by Tenant. For example, if the "Contract") with Liquidated Damages Rentable Area of $500.00 per day for each day of delay in achieving in substantial completion beyond the date specified in Leased Premises is determined to be 42,900 square feet and the Contract, which date shall be no later than October 1, 2010, and a payment and performance bond. Any Liquidated Damages (less total cost of collection) paid to Landlord shall accrue to the Tenant; provided, however, any paid Liquidated Damages for any Tenant Delay shall accrue to Landlord. The General Contractor shall obtain at least three (3) bids for all major trade work at the Premises. Landlord will work with the General Contractor to complete the Tenant Improvements by the Commencement Date. All contracts with vendors and subcontractors for construction of the Tenant Improvements will be negotiated by the General Contractor. All work performed in connection with the construction of the Premises shall be performed in a good and workmanlike manneris $5,000,000.00, in accordance with all Applicable Laws and the final approved Plans. If materials are not readily available, require quick ship charges, or require substitution, then Landlord's total contribution to the Tenant will Improvements would be given notice and $1,888,675.00, calculated as follows: Landlord's Initial Contribution of $1,222,650.00 (i.e. $28.50 x 42,900) is applied first toward the opportunity to select alternate materials. Landlord shall insure that the Architect conducts a periodic review (a minimum of once every two weeks) of the progress of construction to ensure compliance with the Plans. Tenant may from time to time request in writing changes to the Plans (a “Change Order”), subject to Landlord’s consent, which shall not be unreasonably withheld. Landlord shall cause Contractor to provide an estimate of any change in the Construction Cost and/or Schedule. Tenant shall have the right to elect whether or not to proceed with the Change Order within five (5) business days after receipt of such estimate. Upon such approval by Tenant, or confirmation by Landlord that the Change Order will not result in any change in cost and/or Schedule, Landlord shall implement the Change Order as part of the Tenant Improvements. Tenant acknowledges that [The next $2,445,300.00 (i.e. Tenant's Minimum Contribution of $57.00 per square foot) for the following items may result in changes to the Budget and/or Schedule:
(i) Municipal or other governmental inspectors require changes to the Premises such as code compliance changes. In such event, Landlord will notify Tenant cost of the required changes, but Tenant Improvements is the increased cost of such changes, if any, and any delay associated with such changes shall Tenant's responsibility]. At this point the remaining Tenant Improvements costs would be the responsibility of $1,332,050.00 [i.e. $5,000,000.00 - $3,667,950.00 (Landlord's Initial Contribution plus Tenant's Minimum Contribution) = $1,332,050.00].
(ii) Change Orders approved by Tenant. Any increased costs and delays due to such approved Change Orders shall be the responsibility of Tenant. Any delays caused by such approved Change Orders shall not delay the Commencement Date of the Lease. Landlord shall not charge Tenant any administrative fees in respect of any Change Orders. Tenant shall have five (5) business days to review and approve all Change Orders and any additional review time by Tenant shall be a Tenant Delay.
(iii) If materials are not readily available, require quick ship charges, or require substitution, provided Landlord shall identify any such materials within ten (10) days of final approval of the Plans, and in any such case, Tenant will be given notice and the opportunity to select alternate materials.
(iv) Any Tenant Delay.
Appears in 1 contract
Samples: Lease Agreement (Genvec Inc)
Construction of Tenant Improvements. (a) Landlord shall, through a general contractor proposed by Landlord and approved by Tenant (the "Contractor") furnish and install within the Leased Premises, certain items of general construction (the "Tenant Improvements") to be determined in the manner described in Paragraph 2 below. Landlord shall obtain all state and local licenses, permits and approvals (whether governmental or non‑governmental) required to construct cause the Tenant Improvements to be constructed by the Contractor in accordance with the plans and for Tenant's occupancy specifications to be approved by Landlord and Tenant pursuant to Paragraph 2 below. The quantities, character and manner of the Premises. Landlord shall provide access to the General Contractor for Construction installation of all of the Tenant Improvements and shall be subject to the extent such access requires entry through space occupied limitations imposed by other tenantsany applicable governmental regulations relating to conservation of energy and by applicable building codes and regulations and, subject thereto, Landlord shall provide for cause all such access at its sole cost work to be done by Contractor in accordance with all applicable governmental codes and expenseregulations and pursuant to all applicable building permits required therefore. The Landlord shall engageIn addition, subject to Tenant’s reasonable approval, a general contractor to construct Tenant agrees that the Tenant Improvements shall not require Landlord to perform work which would (i) require changes to structural components of the “General Contractor”Building or the exterior design of the Building; (ii) require any material modification to the Building's mechanical or electrical systems; or (iii) be incompatible with the Building plans filed with the City of Santa Clara. If any of the Tenant Improxxxxxts are specialized improvements particular to Tenant's use of the Leased Premises, Landlord may require that such Tenant Improvements be removed at the expiration or earlier termination of the Lease, in which case Landlord shall notify Tenant in writing upon delivery to Tenant of the Working Drawings (pursuant to Section3 below). The General .
(b) Landlord shall enter into a construction contract with the Contractor shall construct and install for the construction of the Tenant Improvements in accordance with the Plans a form reasonably approved by Tenant, which expense approval shall not be unreasonably withheld and shall be deducted from the Tenant Improvement Allowance. The Tenant Improvements shall be delivered via Associated General Contractors (AGC) Guaranteed Maximum Price Contract (the "Contract") with Liquidated Damages of $500.00 per day for each day of delay in achieving in substantial completion beyond the date specified in the Contract, which date shall be no later than October 1, 2010, a contract price acceptable to both Landlord and a payment and performance bond. Any Liquidated Damages (less cost of collection) paid to Landlord shall accrue to the Tenant; provided, however, any paid Liquidated Damages for any Tenant Delay shall accrue to Landlord. The General Contractor shall obtain at least three (3) bids for all major trade work at that if the Premises. Landlord will work with the General Contractor to complete cost of constructing the Tenant Improvements by shall be less than the Commencement Date. All contracts with vendors and subcontractors for construction amount of the Tenant Improvement Allowance (as defined below), Landlord shall not be required to obtain Tenant's approval as to the cost of such construction. The construction contract for the Tenant Improvements will shall contain warranties of a nature customary in the marketplace that shall be negotiated assignable to and enforceable by Tenant against the Contractor and shall require that the Contractor designate Tenant as an additional insured as to all insurance to be carried by the General Contractor. All work performed Contractor (including public liability insurance in an amount of at least $2,000,000) in connection with the construction of the Premises shall be performed in a good and workmanlike manner, in accordance with all Applicable Laws and the final approved Plans. If materials are not readily available, require quick ship charges, or require substitution, the Tenant will be given notice and the opportunity to select alternate materials. Landlord shall insure that the Architect conducts a periodic review (a minimum of once every two weeks) of the progress of construction to ensure compliance with the Plans. Tenant may from time to time request in writing changes to the Plans (a “Change Order”), subject to Landlord’s consent, which shall not be unreasonably withheld. Landlord shall cause Contractor to provide an estimate of any change in the Construction Cost and/or Schedule. Tenant shall have the right to elect whether or not to proceed with the Change Order within five (5) business days after receipt of such estimate. Upon such approval by Tenant, or confirmation by Landlord that the Change Order will not result in any change in cost and/or Schedule, Landlord shall implement the Change Order as part of the Tenant Improvements. Tenant acknowledges that the following items may result in changes to the Budget and/or Schedule:
(i) Municipal or other governmental inspectors require changes to the Premises such as code compliance changes. In such event, Landlord will notify Tenant of the required changes, but the increased cost of such changes, if any, and any delay associated with such changes shall be the responsibility of Tenant.
(ii) Change Orders approved by Tenant. Any increased costs and delays due to such approved Change Orders shall be the responsibility of Tenant. Any delays caused by such approved Change Orders shall not delay the Commencement Date of the Lease. Landlord shall not charge Tenant any administrative fees in respect of any Change Orders. Tenant shall have five (5) business days to review and approve all Change Orders and any additional review time by Tenant shall be a Tenant Delay.
(iii) If materials are not readily available, require quick ship charges, or require substitution, provided Landlord shall identify any such materials within ten (10) days of final approval of the Plans, and in any such case, Tenant will be given notice and the opportunity to select alternate materials.
(iv) Any Tenant Delay.
Appears in 1 contract
Samples: Lease Agreement (Vantive Corp)
Construction of Tenant Improvements. Landlord shall obtain all state and local licenses, permits and approvals (whether governmental or non‑governmental) required Prior to construct commencing the Tenant Improvements and for Tenant's occupancy of the Premises. Landlord shall provide access to the General Contractor for Construction construction of the Tenant Improvements or any portion thereof, Tenant shall obtain all permits, authorizations, licenses, consents and approvals, if any, required for Tenant to the extent such access requires entry through space occupied by other tenants, Landlord shall provide for such access at its sole cost and expense. The Landlord shall engage, subject to Tenant’s reasonable approval, a general contractor to construct perform the Tenant Improvements (the “"Permits"), including, without limitation, the Permit(s) required by the City of Indianapolis, if any, with respect to the Tenant Improvements, and Tenant shall deliver to Landlord (a) copies of the Permits, (b) evidence of Tenant's insurance reasonably satisfactory to Landlord, which insurance shall be maintained throughout the construction of the Tenant Improvements, and (c) a project schedule in detail reasonably satisfactory to Landlord. In addition, Tenant shall require its general contractor to carry appropriate insurance, as determined by Tenant, but which shall include, without limitation, Commercial General Contractor”)Liability, Commercial Auto Liability and Worker's Compensation, in amounts necessary to insure the project and the work related thereto against claims for bodily injury or death or property damage. The General Contractor Tenant's contractors of all tiers shall name Landlord, Landlord's managing agent, and any mortgagee requested by Landlord as additional insured on all liability policies required pursuant to this Section 3. Throughout the construction of the Tenant Improvements, Tenant shall notify Landlord promptly of any material deviations from such project schedule. Tenant or its contractor shall construct and install the Tenant Improvements in a good, first-class and workmanlike manner, free of defects and using new materials and equipment of good quality, and in accordance with the Plans which expense CDs and all applicable Laws, permits and governmental regulations. If Tenant shall be deducted from the Tenant Improvement Allowance. The Tenant Improvements shall be delivered via Associated General Contractors (AGC) Guaranteed Maximum Price Contract (the "Contract") with Liquidated Damages of $500.00 per day for each day of delay in achieving in substantial completion beyond the date specified in the Contract, which date shall be no later than October 1, 2010, and a payment and performance bond. Any Liquidated Damages (less cost of collection) paid to Landlord shall accrue to the Tenant; provided, however, any paid Liquidated Damages for any Tenant Delay shall accrue to Landlord. The General Contractor shall obtain at least three (3) bids for all major trade work at the Premises. Landlord will work with the General Contractor fail to complete the Tenant Improvements by the Commencement Date. All contracts with vendors , Tenant's obligation to pay Minimum Annual Rent and subcontractors for construction of Additional Rent hereunder shall nevertheless begin on the Tenant Improvements will be negotiated by the General Contractor. All work performed in connection with the construction of the Premises shall be performed in a good and workmanlike manner, in accordance with all Applicable Laws and the final approved Plans. If materials are not readily available, require quick ship charges, or require substitution, the Tenant will be given notice and the opportunity to select alternate materialsCommencement Date. Landlord shall insure that have the Architect conducts a periodic review (a minimum of once every two weeks) of the progress of construction to ensure compliance with the Plans. Tenant may right, from time to time request in writing changes throughout the construction process, to enter upon the Plans (a “Change Order”), subject Leased Premises to Landlord’s consent, which shall not be unreasonably withheld. Landlord shall cause Contractor to provide an estimate of any change in the Construction Cost and/or Schedule. Tenant shall have the right to elect whether or not to proceed with the Change Order within five (5) business days after receipt of such estimate. Upon such approval by Tenant, or confirmation by Landlord that the Change Order will not result in any change in cost and/or Schedule, Landlord shall implement the Change Order as part perform periodic inspections of the Tenant Improvements. Tenant acknowledges that the following items may agrees to respond to and address promptly any reasonable concerns raised by Landlord during or as a result in changes to the Budget and/or Schedule:
(i) Municipal or other governmental inspectors require changes to the Premises such as code compliance changes. In such event, Landlord will notify Tenant of the required changes, but the increased cost of such changes, if any, and any delay associated with such changes shall be the responsibility of Tenant.
(ii) Change Orders approved by Tenant. Any increased costs and delays due to such approved Change Orders shall be the responsibility of Tenant. Any delays caused by such approved Change Orders shall not delay the Commencement Date of the Lease. Landlord shall not charge Tenant any administrative fees in respect of any Change Ordersinspections. Tenant shall have five (5) business days to review and approve all Change Orders and any additional review complete the Tenant Improvements within a commercially reasonable time by Tenant shall be a Tenant Delay.
(iii) If materials are not readily availableafter commencement of such work. Where no time period is specified above in this Exhibit B-2, require quick ship charges, or require substitution, provided Landlord shall identify respond to any such materials written consent or approval request that is provided to Landlord within ten (10) business days of final approval the receipt of the Planssuch request, and in any Landlord’s failure to provide its refusal or consent within such case, Tenant will time period shall be given notice and deemed Landlord’s consent or approval to the opportunity to select alternate materialsapplicable request.
(iv) Any Tenant Delay.
Appears in 1 contract
Samples: Office Lease (eHealth, Inc.)
Construction of Tenant Improvements. Landlord shall obtain all state and local licenses, permits and approvals (whether governmental or non‑governmental) required to construct the Tenant Improvements and for Tenant's occupancy of the Premises. Landlord shall provide access to the General Contractor for Construction of the Tenant Improvements and to the extent such access requires entry through space occupied by other tenants, Landlord shall provide for such access at its sole cost and expense. The Landlord shall engage, subject to Tenant’s reasonable approval, a general contractor to construct the Tenant Improvements (the “General Contractor”). The General Contractor shall construct and install the Tenant Improvements in accordance with the Plans which expense shall be deducted from the Tenant Improvement Allowance. The Tenant Improvements shall be delivered via Associated General Contractors (AGC) Guaranteed Maximum Price Contract (the "Contract") with Liquidated Damages of $500.00 per day for each day of delay ----------------------------------- constructed by Landlord at Tenant's cost in achieving in substantial completion beyond the date specified in the Contract, which date shall be no later than October 1, 2010, and a payment and performance bond. Any Liquidated Damages (less cost of collection) paid to Landlord shall accrue to the Tenant; provided, however, any paid Liquidated Damages for any Tenant Delay shall accrue to Landlord. The General Contractor shall obtain at least three (3) bids for all major trade work at the Premises. Landlord will work conformance with the General Contractor to complete Final Plans and Specifications.
(i) Tenant shall pay all of the Tenant Improvements by permit fees, costs, fees, charges and assessments for the Commencement Date. All contracts with vendors and subcontractors for construction of the Tenant Improvements will which are required to be negotiated by the General Contractor. All work performed in connection with paid to any governmental body for the construction of the Premises shall be performed Tenant Improvements (subject to Landlord's obligation to pay the Bridge Fee described in a good and workmanlike manner, in accordance with all Applicable Laws and the final approved Plans. If materials are not readily available, require quick ship charges, or require substitution, the Tenant will be given notice and the opportunity to select alternate materialsfollowing sentence). Landlord shall insure that pay for the Architect conducts a periodic review bridge and thoroughfare fees related to the Property (a minimum "Bridge Fee"), which is based upon office areas of once every two weeksthe Building not constituting more than twenty percent (20%) of the progress total square footage of construction the Building, which Bridge Fee is currently calculated to ensure compliance with be Two Dollars ($2.00) per square foot of Building area ("Current Bridge Fee"). If the PlansTenant Improvements requested by Tenant cause the Bridge Fee relating to the Property to exceed the Current Bridge Fee, then Tenant shall be responsible for paying for the amount of such increased Bridge Fee for the entire Property. Tenant may shall pay for the increase in the Bridge Fee under the immediate preceding sentence by payment of such amount to Landlord at the time that the building permits for the Tenant Improvements are obtained from time the City of Calabasas (even if the City of Calabasas allows Landlord to time request in writing changes defer the payment of such Bridge Fee by the City of Calabasas recording a covenant or encumbrance against the Property or the city receiving from the Landlord other contractual promises or covenants to the Plans (a “Change Order”pay such Bridge Fee), subject to Landlord’s consent, which shall not be unreasonably withheld. Landlord shall cause Contractor assist Tenant in minimizing the amount of the Bridge Fee to provide an estimate be charged by the City of Calabasas; however, Tenant understands that Landlord does not have the ability to reduce or to minimize such Bridge Fee, and the failure of such Bridge Fee to be reduced or minimized to Tenant's satisfaction shall not entitle Tenant to have any change in the Construction Cost and/or Schedule. claim against Landlord or any set off hereunder, and Tenant shall have remain responsible for paying for the right to elect whether or not to proceed with the Change Order within five (5) business days after receipt amount of such estimate. Upon such approval by Tenant, or confirmation by Landlord that increased Bridge Fee for the Change Order will not result in any change in cost and/or Schedule, Landlord shall implement the Change Order as part of the Tenant Improvements. Tenant acknowledges that the following items may result in changes to the Budget and/or Schedule:
(i) Municipal or other governmental inspectors require changes to the Premises such as code compliance changes. In such event, Landlord will notify Tenant of the required changes, but the increased cost of such changes, if any, and any delay associated with such changes shall be the responsibility of TenantProperty under this subparagraph 2.5(i).
(ii) Change Orders approved by Tenant. Any increased Tenant shall pay all the costs of any space planners, designers, architectural costs, engineering costs and delays due to such approved Change Orders shall be the responsibility of Tenant. Any delays caused by such approved Change Orders shall not delay the Commencement Date construction costs of the Lease. Tenant Improvements (except as to the amount of the preliminary space planner which Landlord shall not charge Tenant any administrative fees has agreed to pay for as specified in respect of any Change Orders. Tenant shall have five (5) business days to review and approve all Change Orders and any additional review time by Tenant shall be a Tenant Delaysubparagraph 2.3(iii), above).
(iii) If materials are not readily available, require quick ship charges, or require substitution, provided Landlord shall identify any such materials within ten (10) days of final approval All of the PlansTenant Improvements shall become part of the Property, shall be maintained and repaired by Tenant as part of the Property under the Lease, and in any such casemay not be removed by Tenant upon the termination of the Lease. Although Landlord may be contracting with contractors for the construction of the Tenant Improvements, Tenant will shall be given notice and the opportunity responsible for paying for same pursuant to select alternate materials.
(iv) Any Tenant Delay.Paragraph 2.6
Appears in 1 contract
Construction of Tenant Improvements. Landlord A. Tenant shall obtain all state and local licenses, permits and approvals (whether governmental or non‑governmental) required enter into a Construction Contract with Contractor to construct the Tenant Improvements, which Construction Contract shall be subject to Landlord's approval, not to be unreasonably withheld, conditioned or delayed.
B. All Tenant Improvements shall be constructed and for Tenant's occupancy of installed by the Premises. Landlord Contractor; provided, however, that the general contractor selected by Tenant to be the Contractor and all subcontractors shall provide access be subject to the General Contractor for Construction prior approval of Landlord, such approval not to be unreasonably withheld, conditioned or delayed. Notwithstanding anything in this Work Agreement to the contrary, Tenant shall use either Xxxxxxx, Xxxxxxxx & Associates, Inc. or HESM&A, Inc. to perform all mechanical, electrical and plumbing work.
C. Tenant shall construct the Tenant Improvements and to the extent such access requires entry through space occupied by other tenantsImprovements, Landlord shall provide for such access at its sole cost and expense. The Landlord shall engage, expense (subject to Tenant’s reasonable approvalpayment of Allowance as hereinafter provided), a general contractor to construct the Tenant Improvements (the “General Contractor”). The General Contractor shall construct and install the Tenant Improvements in accordance with the Plans which expense shall be deducted from the Tenant Improvement AllowanceConstruction Documents (and any changes thereto approved by Landlord) and in accordance with the following requirements:
1. The All Tenant Improvements shall be delivered via Associated General Contractors (AGC) Guaranteed Maximum Price Contract (constructed and installed in compliance with all applicable governmental codes, laws, ordinances, orders and regulations and otherwise in accordance with the "Contract") with Liquidated Damages of $500.00 per day for each day of delay in achieving in substantial completion beyond the date specified in the ContractTenant Improvement Construction Documents. If any Tenant Improvements are required to meet any applicable governmental codes, which date laws, ordinances, orders, or regulations, Tenant, and not Landlord, shall be no later than October 1, 2010, responsible for assuring that each and a payment and performance bond. Any Liquidated Damages (less cost of collection) paid to Landlord shall accrue to the Tenant; provided, however, any paid Liquidated Damages for any Tenant Delay shall accrue to Landlord. The General Contractor shall obtain at least three (3) bids for all major trade work at the Premises. Landlord will work with the General Contractor to complete the Tenant Improvements by the Commencement Date. All contracts with vendors and subcontractors for construction every aspect of the Tenant Improvements will Improvement Construction Documents comply and conform with all applicable governmental laws, codes, laws, ordinances, orders, and regulations; and approval by Landlord of such Tenant Improvement Construction Documents shall not be negotiated deemed Landlord's confirmation or agreement that same so comply or conform with such laws, codes or regulations or otherwise constitute a representation or warranty by Landlord of any kind with respect to the General Contractorimprovements to be constructed pursuant to the Tenant Improvement Construction Documents, including, without limitation as to the merchantability or structural soundness of such improvements or the fitness thereof for any particular purpose.
2. All work performed in In connection with the construction of the Tenant Improvements, if required to meet any applicable governmental codes, laws, ordinances, orders, or regulations, Tenant shall file all drawings, plans and specifications, pay all fees and obtain all permits and applications from any authorities having jurisdiction; and Tenant shall obtain a Certificate of Occupancy and any and all other approvals required for Tenant to use and occupy the Premises and to open for business to the public. Copies of all permits, certificates and approvals shall be performed in a good and workmanlike manner, in accordance with all Applicable Laws and the final approved Plans. If materials are not readily available, require quick ship charges, or require substitution, the Tenant will be given notice and the opportunity forwarded to select alternate materials. Landlord shall insure that the Architect conducts a periodic review (a minimum of once every two weeks) of the progress of construction to ensure compliance with the Plans. Tenant may from time to time request in writing changes to the Plans (a “Change Order”), subject to Landlord’s consent, which shall not be unreasonably withheld. Landlord shall cause Contractor to provide an estimate of any change in the Construction Cost and/or Schedulepromptly after receipt by Tenant. Tenant shall have the right to elect whether or not to proceed be responsible for conformance with the Change Order within five (5) business days after receipt all codes and ordinances of such estimate. Upon such approval by Tenant, or confirmation by Landlord that the Change Order will not result in any change in cost and/or Schedule, Landlord shall implement the Change Order as part of authorities having jurisdiction over the Tenant Improvements.
3. [Intentionally omitted].
4. Tenant acknowledges that and the Contractor shall be required to provide, in addition to the insurance required of Tenant pursuant to the Lease, the following items may result in changes to the Budget and/or Scheduletypes of insurance:
(i) Municipal or other governmental inspectors require changes to the Premises such as code compliance changes. In such event, Landlord will notify Tenant of the required changes, but the increased cost of such changes, if any, and any delay associated with such changes shall be the responsibility of Tenant.
(ii) Change Orders approved by Tenant. Any increased costs and delays due to such approved Change Orders shall be the responsibility of Tenant. Any delays caused by such approved Change Orders shall not delay the Commencement Date of the Lease. Landlord shall not charge Tenant any administrative fees in respect of any Change Orders. Tenant shall have five (5) business days to review and approve all Change Orders and any additional review time by Tenant shall be a Tenant Delay.
(iii) If materials are not readily available, require quick ship charges, or require substitution, provided Landlord shall identify any such materials within ten (10) days of final approval of the Plans, and in any such case, Tenant will be given notice and the opportunity to select alternate materials.
(iv) Any Tenant Delay.
Appears in 1 contract
Samples: Lease Agreement (Simmons Co)
Construction of Tenant Improvements. Landlord shall obtain all state and local licenses, permits and approvals (whether governmental or non‑governmentala) required to construct the Tenant Improvements and for Tenant's occupancy of the Premises. Landlord shall provide access Subject to the General Contractor for Construction terms and provisions of this Xxxxxxxxx 0, Xxxxxxxxx shall have the Tenant Improvements and to the extent such access requires entry through space occupied by other tenantsright, Landlord shall provide for such access at its Sublessee's sole cost and expense. The Landlord shall engage, subject to Tenant’s reasonable approval, a general contractor to construct the Tenant Improvements (the “General Contractor”). The General Contractor shall construct and install the Tenant Improvements in accordance with the Plans which expense shall be deducted from the Tenant Improvement Allowance. The Tenant Improvements shall be delivered via Associated General Contractors (AGC) Guaranteed Maximum Price Contract certain tenant improvements (the "ContractLEASEHOLD IMPROVEMENTS") with Liquidated Damages of $500.00 per day for each day of delay in achieving in substantial completion beyond the date specified in the Contract, which date shall be no later than October 1, 2010, and a payment and performance bond. Any Liquidated Damages (less cost of collection) paid to Landlord shall accrue to the Tenant; provided, however, any paid Liquidated Damages for any Tenant Delay shall accrue to Landlord. The General Contractor shall obtain at least three (3) bids for all major trade work at the Premises. Landlord will work with the General Contractor Any and all plans related to complete the Tenant Improvements by the Commencement Date. All contracts with vendors and subcontractors for construction of the Tenant Improvements will be negotiated by the General Contractor. All work performed or in connection with the construction of the Premises Leasehold Improvements and any contractors or vendors used by Sublessee in connection with the construction of the Leasehold Improvements shall be performed in a good subject to (a) Sublessor's prior written approval, which may not be unreasonably withheld or delayed, and workmanlike manner, (b) Landlord's approval in accordance with all Applicable Laws the terms and the final approved Plans. If materials are not readily available, require quick ship charges, or require substitution, the Tenant will be given notice and the opportunity to select alternate materials. Landlord shall insure that the Architect conducts a periodic review (a minimum of once every two weeks) provisions of the progress of construction to ensure compliance with the Plans. Tenant may from time to time request in writing changes Lease.
(b) Notwithstanding anything to the Plans (a “Change Order”)contrary in this Xxxxxxxxx 0, subject to Landlord’s consent, which shall not be unreasonably withheld. Landlord shall cause Contractor to provide an estimate of any change in the Construction Cost and/or Schedule. Tenant shall have the right to elect whether or not to proceed with the Change Order within five (5) business days after receipt of such estimate. Upon such approval by Tenant, or confirmation by Landlord that the Change Order will not result in any change in cost and/or Schedule, Landlord shall implement the Change Order as part of the Tenant Improvements. Tenant Xxxxxxxxx acknowledges that it shall be reasonable for Sublessor to withhold its consent to any proposed Leasehold Improvements if the following items may result in changes to the Budget and/or Schedule:
same (i) Municipal or other governmental inspectors require contemplates any structural changes to the Premises such as code compliance changes. In such event, Landlord will notify Tenant or any other portion of the required changesBuilding, but (ii) contemplates any penetrations of the increased cost floor slab, utility or telecommunication risers or roof of such changesthe Building, if any(iii) would require the use of additional electrical power from that presently available at the electric panel serving the third floor of the Building, (iv) would require supplemental air ventilation and/or air conditioning equipment from that allocated to the Premises by the existing air ventilation and cooling system of the Building, (v) would require any delay associated building code upgrades or trigger compliance with such changes shall law improvements elsewhere on the third floor of the Building, or (vi) contemplates a build-out or improvements that would not be readily reusable or easily demolished (without additional expense) following the responsibility expiration of Tenantthe Term.
(iic) Change Orders Notwithstanding anything to the contrary in this Paragraph 9, if Sublessee's Leasehold Improvements (as approved by Tenant. Any increased costs and delays due to such approved Change Orders shall be the responsibility of Tenant. Any delays caused by such approved Change Orders shall not delay the Commencement Date Sublessor) require any building code upgrades or trigger compliance with law improvements outside of the Lease. Landlord shall not charge Tenant any administrative fees in respect of any Change Orders. Tenant shall have five (5) business days to review and approve all Change Orders and any additional review time by Tenant shall be a Tenant Delay.
(iii) If materials are not readily available, require quick ship charges, or require substitution, provided Landlord shall identify any such materials within ten (10) days of final approval Premises on the third floor of the PlansBuilding (the "CODE COMPLIANCE WORK"), and in any Sublessee proceeds to undertake such casework, Tenant will be given notice Sublessor shall reimburse Sublessee at the end of the term of this Sublease (unless this Sublease is terminated as a result of a default by Sublessee hereunder), for the unamortized cost of the Code Compliance Work, based on a 10 year useful life and the opportunity to select alternate materialsa straight line amortization schedule.
(iv) Any Tenant Delay.
Appears in 1 contract
Samples: Sublease (Preview Travel Inc)
Construction of Tenant Improvements. Landlord shall obtain all state and local licenses, permits and approvals (whether governmental or non‑governmental) required to construct the Tenant Improvements and for Tenant's occupancy Promptly after acceptance of the Premises. Landlord shall provide access to the General Contractor for Construction Premises Contract (including approval of the Tenant Improvements price for the work) and to receipt of the extent such access requires entry through space occupied by other tenantsConstruction Payment (as defined in Section 12 below) and approval of the Working Drawings, Landlord shall provide for such access at its sole cost and expense. The Landlord shall engage, subject to Tenant’s reasonable approval, a general contractor to construct administer the Tenant Improvements (the “General Contractor”). The General Contractor shall construct and install the construction of Tenant Improvements in accordance with the Plans final, approved and permitted Working Drawings (which expense work shall be deducted from added to and included within the Tenant Improvement Allowance. The Tenant Improvements shall be delivered via Associated General Contractors (AGC) Guaranteed Maximum Price Contract (the "Contract") with Liquidated Damages definition of $500.00 per day for each day “TI Work” set forth in Paragraph 1 of delay in achieving in substantial completion beyond the date specified in the Contract, which date shall be no later than October 1, 2010, and a payment and performance bond. Any Liquidated Damages (less cost of collection) paid to Landlord shall accrue to the Tenantthis Workletter ); provided, however, any paid Liquidated Damages for that Landlord shall not be required to install any Tenant Delay shall accrue Improvements that do not conform to Landlord. The General Contractor shall obtain at least three (3) bids for all major trade work at the Premisesapproved Working Drawings, or conflict with elements of the approved Working Drawings, or do not comply with applicable Regulations; such conformity being the obligation of Tenant. Landlord will work with and Tenant shall use diligent and continuous efforts to achieve the General Contractor dates set forth in Schedule B-5 attached hereto, which dates are estimated target dates only and Landlord shall not be liable for failure to complete the meet such deadlines. As used herein, Tenant Improvements by the Commencement Date. All contracts with vendors and subcontractors for construction of the Tenant Improvements will be negotiated by the General Contractor. All work performed in connection with the construction of the Premises shall be performed in a good construed to include Tenant’s consultants and workmanlike mannerLandlord shall be construed to include Landlord’s consultants, each of whom shall be instructed to respond in accordance with all Applicable Laws the terms of this Workletter and to fully cooperate with the final approved Plans. If materials are not readily available, require quick ship charges, or require substitution, the Tenant will be given notice and the opportunity to select alternate materialsother party. Landlord shall insure that the Architect conducts a periodic review (a minimum of once every two weeks) of the progress of construction to ensure compliance with the Plans. Tenant may from time to time request in writing changes to the Plans (a “Change Order”), subject to Landlord’s consent, which shall not be unreasonably withheld. Landlord shall cause Contractor to provide an estimate of any change in the Construction Cost and/or Schedule. Tenant shall have the right to elect whether or not to proceed with the Change Order within five (5) business days after receipt of such estimate. Upon such approval by Tenant, or confirmation by Landlord that the Change Order will not result in any change in cost and/or Schedule, Landlord shall implement the Change Order as part diligently pursue Substantial Completion of the Tenant Improvements. The schedule set forth on Schedule B-5 shall be updated as changes occur and provided to Tenant acknowledges that the following items may result in changes to the Budget and/or Schedule:
(i) Municipal or other governmental inspectors require changes to the Premises such for its information and as code compliance changes. In such event, Landlord will notify Tenant a guide for progress of construction of the required changes, but the increased cost of such changes, if any, and any delay associated with such changes shall be the responsibility of TenantTenant Improvements.
(ii) Change Orders approved by Tenant. Any increased costs and delays due to such approved Change Orders shall be the responsibility of Tenant. Any delays caused by such approved Change Orders shall not delay the Commencement Date of the Lease. Landlord shall not charge Tenant any administrative fees in respect of any Change Orders. Tenant shall have five (5) business days to review and approve all Change Orders and any additional review time by Tenant shall be a Tenant Delay.
(iii) If materials are not readily available, require quick ship charges, or require substitution, provided Landlord shall identify any such materials within ten (10) days of final approval of the Plans, and in any such case, Tenant will be given notice and the opportunity to select alternate materials.
(iv) Any Tenant Delay.
Appears in 1 contract
Samples: Lease (Cray Inc)
Construction of Tenant Improvements. Landlord shall obtain all state and local licenses, permits and approvals (whether governmental or non‑governmental) required to construct the Tenant Improvements and for Tenant's occupancy of the Premises. Landlord shall provide access to the General Contractor for Construction of the Tenant Improvements and to the extent such access requires entry through space occupied by other tenants, Landlord shall provide for such access at its sole cost and expense. The Landlord shall engage, subject to Tenant’s reasonable approval, a general contractor to construct the Tenant Improvements (the “General Contractor”). The General Contractor shall construct and install the Tenant Improvements in accordance with the Plans which expense shall be deducted from the Tenant Improvement Allowance. The Tenant Improvements shall be delivered via Associated General Contractors (AGC) Guaranteed Maximum Price Contract (the "Contract") with Liquidated Damages of $500.00 per day for each day of delay in achieving in substantial completion beyond the date specified in the Contract, which date shall be no later than October 1, 2010, and a payment and performance bond. Any Liquidated Damages (less cost of collection) paid to Landlord shall accrue to the Tenant; provided, however, any paid Liquidated Damages for any Tenant Delay shall accrue to Landlord. The General Contractor shall obtain at least three (3) bids for all major trade work at the Premises. Landlord will work with the General Contractor to complete the Tenant Improvements by the Commencement Date. All contracts with vendors and subcontractors responsible for construction of the Tenant Improvements will be negotiated by the General Contractor. All work performed in connection with the Such construction of the Premises shall be performed in a good and workmanlike manner, manner and in accordance with all Applicable Laws the Plans and the final approved PlansSpecifications. If materials are not readily available, require quick ship charges, or require substitution, Construction of the Tenant will Improvements shall be given notice deemed substantially complete (subject to completion of punchlist items) upon receipt by Landlord of the following:
(a) a Certificate of Occupancy from the city and the opportunity to select alternate materials. Landlord shall insure upon certification of such fact by Tenant's architect.
(b) A certificate from Tenant's general contractor certifying that the Architect conducts Tenant Improvements have been completed in substantial accordance with the approved plans;
(c) a periodic review (a minimum of once every two weeks) final affidavit and lien release from Contractor and final lien releases or waivers by all subcontractors, material men and other parties who have supplied labor, material or services for the construction of the progress Tenant Improvements or who otherwise might be entitled to claim a contractual, statutory or constitutional lien against the property and of which Tenant has knowledge;
(d) Tenant shall have delivered to Landlord a written statement, certified as correct by Tenant, setting forth in reasonable detail the out-of-pocket construction costs incurred by Tenant with respect to ensure compliance Tenant Improvements together with the Plans. Tenant may from time all proof, reasonably satisfactory to time request Landlords that such invoices have been paid in writing changes full and such other information with respect to the Plans construction of the Tenant Improvements as Landlord may reasonably require to enable Landlord to substantiate the costs set forth in Tenant's written statements; and
(e) Tenant shall have delivered to Landlord a “Change Order”)Certificate of Substantial Completion (as such term is defined in American Institute of Architects Documents B141, subject Owner Architect Agreement) with respect to Landlord’s consentthe Tenant Improvements, issued by the architect, which shall not be unreasonably withheld. Landlord shall cause Contractor to provide an estimate of any change include the Architect's certification that the Tenant Improvements have been substantially completed in the Construction Cost and/or Schedule. Tenant shall have the right to elect whether or not to proceed accordance with the Change Order within five (5) business days after receipt of such estimate. Upon such approval by Tenant, or confirmation by Landlord that the Change Order will not result in any change in cost and/or Schedule, Landlord shall implement the Change Order as part of the Tenant Improvements. Tenant acknowledges that the following items may result in changes to the Budget and/or Schedule:
(i) Municipal or other governmental inspectors require changes to the Premises such as code compliance changes. In such event, Landlord will notify Tenant of the required changes, but the increased cost of such changes, if any, Plans and any delay associated with such changes shall be the responsibility of TenantSpecifications.
(ii) Change Orders approved by Tenant. Any increased costs and delays due to such approved Change Orders shall be the responsibility of Tenant. Any delays caused by such approved Change Orders shall not delay the Commencement Date of the Lease. Landlord shall not charge Tenant any administrative fees in respect of any Change Orders. Tenant shall have five (5) business days to review and approve all Change Orders and any additional review time by Tenant shall be a Tenant Delay.
(iii) If materials are not readily available, require quick ship charges, or require substitution, provided Landlord shall identify any such materials within ten (10) days of final approval of the Plans, and in any such case, Tenant will be given notice and the opportunity to select alternate materials.
(iv) Any Tenant Delay.
Appears in 1 contract
Construction of Tenant Improvements. Landlord shall obtain all state have no responsibility except to perform and local licensescomplete, permits and approvals (whether governmental or non‑governmental) required to construct the Tenant Improvements and for Tenantat Landlord's occupancy of the Premises. Landlord shall provide access to the General Contractor for Construction of the Tenant Improvements and to the extent such access requires entry through space occupied by other tenants, Landlord shall provide for such access at its sole cost and expense. The Landlord shall engage, the work on the tenant finish improvements described in THE PLANS AND SPECIFICATIONS WHICH HAVE BEEN MUTUALLY AGREED UPON BY BOTH LANDLORD AND TENANT AND ATTACHED HERETO AS EXHIBIT B, subject to Tenant’s events and delays due to causes beyond its reasonable approval, a general contractor control. Tenant agrees that all work on any change orders to construct the Tenant Improvements (the “General Contractor”). The General Contractor shall construct and install the Tenant Improvements in accordance with the Plans which expense initial tenant finish improvements shall be deducted from the Tenant Improvement Allowance. The Tenant Improvements performed by Duke Construction Limited Partnership (DCLP) or a subsidiary or affiliate of Landlord which shall be delivered via Associated General Contractors receive a cost plus ten percent (AGC10%) Guaranteed Maximum Price Contract (the "Contract") with Liquidated Damages construction management fee, exclusive of $500.00 per day for each day of delay in achieving in substantial completion beyond the date specified in the Contractgeneral conditions, which date shall be no later than October 1, 2010, and a payment and performance bond. Any Liquidated Damages (less cost of collection) paid to Landlord shall accrue to the Tenantas Landlord's construction manager or general contractor; provided, however, any paid Liquidated Damages that the construction management fee to be charged for any Tenant Delay subsequent tenant finish improvements shall accrue be an amount equal to Landlord. The General Contractor shall obtain at least three (3) bids the construction management fee then being charged by DCLP and other reputable and experienced contractors in the Columbus, Ohio Industrial Market for all major trade work at the Premises. Landlord will work with the General Contractor to complete the Tenant Improvements by the Commencement Date. All contracts with vendors and subcontractors for construction of the Tenant Improvements will be negotiated by the General Contractor. All work comparable improvements performed in connection with the construction of the Premises shall be performed in a good and workmanlike manner, in accordance with all Applicable Laws and the final approved Planscomparable class A INDUSTRIAL PROPERTIES. If materials are not readily available, require quick ship charges, or require substitution, the Tenant will be given notice and the opportunity to select alternate materials. Landlord shall insure that the Architect conducts a periodic review (a minimum of once every two weeks) of the progress of construction to ensure compliance with the Plans. Tenant may from time to time request in writing changes to the Plans (a “Change Order”), subject to Landlord’s consent, which shall not be unreasonably withheld. Landlord shall cause Contractor to provide an estimate of any change in the Construction Cost and/or Schedule. Tenant shall have the right to elect whether or not to proceed with the Change Order within five (5) business days after receipt of such estimate. Upon such approval by Tenant, or confirmation by Landlord that the Change Order will not result in any change in cost and/or Schedule, Landlord shall implement the Change Order as part of the Tenant Improvements. Tenant acknowledges that the following items may result in changes to the Budget and/or Schedule:
(i) Municipal or other governmental inspectors require changes to the Premises such as code compliance changes. In such event, Landlord will notify Tenant of the required changes, but the increased cost of such changes, if any, and any delay associated with such changes ANY COSTS FOR TENANT FINISH IMPROVEMENTS WHICH EXCEED THE SCOPE OF THOSE DESCRIBED ON EXHIBIT B shall be the responsibility of Tenant.
(ii) Change Orders approved by Tenant. Any increased costs and delays due to such approved Change Orders shall be the sole responsibility of Tenant. Any delays caused Tenant shall reimburse Landlord for such excess costs within thirty (30) days of Tenant's receipt of an invoice for the same. Landlord hereby agrees to warrant all work performed by such approved Change Orders shall not delay Landlord within the Leased Premises for a period of twelve (12) months from the Commencement Date (the "Warranty Period"). After the expiration of the Lease. Warranty Period, Landlord shall not charge assign to Tenant any administrative fees all warranties (if assignable) from subcontractors and material suppliers for materials, workmanship, fixtures or equipment installed by Landlord in respect of any Change Orders. Tenant shall have five (5) business days to review and approve all Change Orders and any additional review time by Tenant shall be a Tenant Delay.
(iii) If materials are not readily available, require quick ship charges, or require substitution, provided Landlord shall identify any such materials within ten (10) days of final approval the Leased Premises which warranties continue in effect after the expiration of the Plans, and in any such case, Tenant will be given notice and the opportunity to select alternate materialsWarranty Period.
(iv) Any Tenant Delay.
Appears in 1 contract
Samples: Lease Agreement (Mim Corp)
Construction of Tenant Improvements. After the Final Approval Date has occurred and a building permit for the work has been issued, Landlord shall obtain all state and local licensesshall, permits and approvals through a guaranteed maximum cost or fixed price (whether governmental or non‑governmentalat Landlord's sole option) required to construct construction contract ("Construction Contract") with a reputable, licensed contractor selected by Landlord ("Contractor"), cause the construction of the Tenant Improvements to be carried out in substantial conformance with the Working Drawings in a good and workmanlike manner using first class materials. The costs associated with the construction of the Tenant Improvements shall be paid as set forth in Sections 5 and 6 of this Work Letter. Landlord shall see that the construction complies with all Applicable Laws, including applicable building, fire, health, and sanitary codes and regulations, the satisfaction of which shall be evidenced by a certificate of occupancy for the Premises. Upon substantial completion of the Tenant Improvements, Tenant shall comply with all laws, ordinances, regulations, requirements and other directives of any federal, state or local governmental or quasi-governmental authority having or exercising jurisdiction there over. Tenant shall not use or occupy the Premises, or knowingly permit it to be used or occupied, contrary to any statute, rule, order, ordinance, requirement or regulation applicable thereto, or in any manner which would violate any certificate of occupancy affecting the same, or which would violate any certificate of occupancy affecting the same, or which would make void or voidable any insurance then in force with respect thereto or which would cause structural injury to the improvements or cause the value or usefulness of the Premises, or any portion thereof, substantially to diminish (reasonable wear and tear excepted), or which would constitute a public or private nuisance or waste and Tenant agrees that it will promptly, upon discovery of any such use, take all necessary steps to compel the discontinuance of such use. Tenant shall obtain and pay for all permits, required for Tenant's occupancy of the Premises. Landlord Premises and shall provide access promptly take all substantial and non-substantial actions necessary to the General Contractor for Construction of the Tenant Improvements and to the extent such access requires entry through space occupied by other tenants, Landlord shall provide for such access at its sole cost and expense. The Landlord shall engage, subject to Tenant’s reasonable approval, a general contractor to construct the Tenant Improvements (the “General Contractor”). The General Contractor shall construct and install the Tenant Improvements in accordance with the Plans which expense shall be deducted from the Tenant Improvement Allowance. The Tenant Improvements shall be delivered via Associated General Contractors (AGC) Guaranteed Maximum Price Contract (the "Contract") with Liquidated Damages of $500.00 per day for each day of delay in achieving in substantial completion beyond the date specified in the Contract, which date shall be no later than October 1, 2010, and a payment and performance bond. Any Liquidated Damages (less cost of collection) paid to Landlord shall accrue to the Tenant; provided, however, any paid Liquidated Damages for any Tenant Delay shall accrue to Landlord. The General Contractor shall obtain at least three (3) bids for all major trade work at the Premises. Landlord will work with the General Contractor to complete the Tenant Improvements by the Commencement Date. All contracts with vendors and subcontractors for construction of the Tenant Improvements will be negotiated by the General Contractor. All work performed in connection with the construction of the Premises shall be performed in a good and workmanlike manner, in accordance comply with all Applicable Laws applicable statutes, ordinances, rules, regulations, orders and requirements regulating the final approved Plans. If materials are not readily available, require quick ship charges, or require substitution, the Tenant will be given notice and the opportunity to select alternate materials. Landlord shall insure that the Architect conducts a periodic review (a minimum of once every two weeks) of the progress of construction to ensure compliance with the Plans. Tenant may from time to time request in writing changes to the Plans (a “Change Order”), subject to Landlord’s consent, which shall not be unreasonably withheld. Landlord shall cause Contractor to provide an estimate of any change in the Construction Cost and/or Schedule. Tenant shall have the right to elect whether or not to proceed with the Change Order within five (5) business days after receipt of such estimate. Upon such approval use by Tenant, or confirmation by Landlord that the Change Order will not result in any change in cost and/or Schedule, Landlord shall implement the Change Order as part of the Tenant Improvements. Tenant acknowledges that the following items may result in changes to the Budget and/or Schedule:
(i) Municipal or other governmental inspectors require changes to the Premises such as code compliance changes. In such event, Landlord will notify Tenant of the required changesPremises, but including, without limitation, the increased cost of such changesOccupational Health and Safety Act and the Americans with Disabilities Act. If requested by Landlord, if any, and any delay associated with such changes Tenant shall be the responsibility provide evidence satisfactory to Landlord of Tenant's compliance.
(ii) Change Orders approved by Tenant. Any increased costs and delays due to such approved Change Orders shall be the responsibility of Tenant. Any delays caused by such approved Change Orders shall not delay the Commencement Date of the Lease. Landlord shall not charge Tenant any administrative fees in respect of any Change Orders. Tenant shall have five (5) business days to review and approve all Change Orders and any additional review time by Tenant shall be a Tenant Delay.
(iii) If materials are not readily available, require quick ship charges, or require substitution, provided Landlord shall identify any such materials within ten (10) days of final approval of the Plans, and in any such case, Tenant will be given notice and the opportunity to select alternate materials.
(iv) Any Tenant Delay.
Appears in 1 contract
Samples: Office Lease (Noosh Inc)
Construction of Tenant Improvements. Landlord 2.8.1 Tenant shall obtain all state retain a licensed architect of its choice, subject to Landlord’s prior written approval, to prepare the Plans and local licenses, permits and approvals (whether governmental or non‑governmental) required to construct Specifications for the Tenant Improvements Improvements. The Plans and Specifications shall be subject to Landlord’s approval, which approval shall not be unreasonably delayed, provided that such Plans and Specifications comply with the requirements of this paragraph.
2.8.2 Within one hundred eighty (180) days following the date of execution of the Lease by Tenant, Tenant shall cause its architect to furnish to Landlord for Tenant's occupancy Landlord’s approval space plans sufficient to convey the architectural design of the Premises, including, without limitation, the location of doors, partitions, electrical and telephone outlets, plumbing fixtures, heavy floor loads and other special requirements (collectively, the “Space Plan”). If required by Landlord, Tenant’s architect shall consult with Landlord’s engineer in preparing the Space Plan, and incorporate such engineer’s requirements into the Space Plan. If Landlord fails to disapprove the Space Plan within the ten (10) day period following its receipt of the Space Plan, the Space Plan shall be deemed approved. If Landlord shall provide access to the General Contractor for Construction disapprove of any portion of the Tenant Improvements and to the extent Space Plan within such access requires entry through space occupied by other tenantsten (10) day period, Landlord shall provide advise Tenant of the reasons therefor and shall notify Tenant of the revisions to the Space Plan that are reasonably required by Landlord for such access at its sole cost and expensethe purpose of obtaining approval. The Landlord Tenant shall engagewithin seven (7) days submit to Landlord, subject to Tenantfor Landlord’s reasonable approval, a general contractor redesign of the Space Plan, incorporating the revisions required by Landlord or proposing alternatives for Landlord’s consideration, which shall be undertaken pursuant to construct the process set forth above.
2.8.3 Tenant Improvements shall cause its architect to prepare from Tenant’s approved Space Plan, complete Plans and Specifications within one hundred twenty (120) days after Landlord approves the “General Contractor”)Space Plan. The General Contractor Plans and Specifications shall construct (a) be compatible with the Building shell and install with the design, construction and equipment of the Building; (b) comply with all Governmental Requirements; (c) comply with all applicable insurance regulations; and (d) be consistent with the approved Space Plan. Tenant shall submit the Plans and Specifications for Landlord’s Approval in the same manner and timeframe as provided in Subparagraph 2.8.2 above for approval by Landlord of Tenant’s Space Plan.
2.8.4 Tenant shall complete the Tenant Improvements in accordance with the approved Plans which expense and Specifications and all applicable Governmental Requirements and in accordance with the provisions of Paragraph 5.8 (“Work Performance and Responsible Contracting”). Tenant shall provide an exhibit depicting the intended Tenant Improvements to be attached as an exhibit to this Lease. Landlord shall review and manage the construction of the Tenant Improvements for a construction management fee of one and fifty percent (1.5%) of actual hard construction costs.
2.8.5 If Landlord requires performance or payment bonds, they shall be deducted provided at Landlord’s sole cost and expense, and shall not be funded from the Tenant Improvement Allowance.
2.8.6 All Tenant Improvements, regardless of which party constructed or paid for them, shall become the property of Landlord and shall remain upon and be surrendered with the Premises on the expiration or earlier termination of this Lease. The Tenant shall not be responsible for any restoration (or removal) of its initial Tenant Improvements shall be delivered via Associated General Contractors (AGC) Guaranteed Maximum Price Contract (the "Contract") with Liquidated Damages of $500.00 per day for each day of delay in achieving in substantial completion beyond the date specified in the Contract, which date shall be no later than October 1, 2010, and a payment and performance bond. Any Liquidated Damages (less cost of collection) paid to Landlord shall accrue to the Tenant; provided, however, any paid Liquidated Damages for any Tenant Delay shall accrue to Landlord. The General Contractor shall obtain at least three (3) bids for all major trade work at the Premises. Landlord will work with the General Contractor to complete the Tenant Improvements by the Commencement Date. All contracts with vendors and subcontractors for construction of the Tenant Improvements will be negotiated by the General Contractor. All work performed in connection with the construction of the Premises shall be performed in a good and workmanlike manner, completed in accordance with all Applicable Laws and the final approved Plans. If materials are not readily available, require quick ship charges, or require substitution, provisions of this Section 2.8 at the Tenant will be given notice and the opportunity to select alternate materials. Landlord shall insure that the Architect conducts a periodic review (a minimum of once every two weeks) expiration of the progress of construction to ensure compliance with the Plans. Tenant may from time to time request Lease Term other than its Telecommunication Facilities (as defined in writing changes to the Plans (a “Change Order”Section 4.1.2), subject to Landlord’s consent, which shall not be unreasonably withheld. Landlord shall cause Contractor to provide an estimate of any change in the Construction Cost and/or Schedule. Tenant shall have the right to elect whether or not to proceed with the Change Order within five (5) business days after receipt of such estimate. Upon such approval by Tenant, or confirmation by Landlord that the Change Order will not result in any change in cost and/or Schedule, Landlord shall implement the Change Order as part of the Tenant Improvements. Tenant acknowledges that the following items may result in changes to the Budget and/or Schedule:
(i) Municipal or other governmental inspectors require changes to the Premises such as code compliance changes. In such event, Landlord will notify Tenant of the required changes, but the increased cost of such changes, if any, and any delay associated with such changes shall be the responsibility of Tenant.
(ii) Change Orders approved by Tenant. Any increased costs and delays due to such approved Change Orders shall be the responsibility of Tenant. Any delays caused by such approved Change Orders shall not delay the Commencement Date of the Lease. Landlord shall not charge Tenant any administrative fees in respect of any Change Orders. Tenant shall have five (5) business days to review and approve all Change Orders and any additional review time by Tenant shall be a Tenant Delay.
(iii) If materials are not readily available, require quick ship charges, or require substitution, provided Landlord shall identify any such materials within ten (10) days of final approval of the Plans, and in any such case, Tenant will be given notice and the opportunity to select alternate materials.
(iv) Any Tenant Delay.
Appears in 1 contract
Samples: Lease (Anthera Pharmaceuticals Inc)
Construction of Tenant Improvements. Landlord Promptly after full execution of the Premises Contract (including approval of the guaranteed maximum price for the TI Work) and approval of the Working Drawings, the Premises Contractor shall obtain all state required building or other permits relating to the performance of the TI Work and local licenses, permits and approvals (whether governmental or non‑governmental) required to construct construction of the Tenant Improvements and for Tenant's occupancy of the PremisesImprovements. Landlord shall provide access to administer the General Contractor for Construction construction of the Tenant Improvements and to the extent such access requires entry through space occupied by other tenants, Landlord shall provide for such access at its sole cost and expense. The Landlord shall engage, subject to Tenant’s reasonable approval, a general contractor to construct the Tenant Improvements (the “General Contractor”). The General Contractor shall construct and install the Tenant Improvements in accordance with the Plans final, approved and permitted Working Drawings (which expense work shall be deducted from added to and included within the Tenant Improvement Allowance. The Tenant Improvements shall be delivered via Associated General Contractors (AGC) Guaranteed Maximum Price Contract (the "Contract") with Liquidated Damages definition of $500.00 per day for each day “TI Work” set forth in Paragraph 1 of delay in achieving in substantial completion beyond the date specified in the Contract, which date shall be no later than October 1, 2010, and a payment and performance bond. Any Liquidated Damages (less cost of collection) paid to Landlord shall accrue to the Tenantthis Workletter ); provided, however, any paid Liquidated Damages for that Landlord shall not be required to install any Tenant Delay Improvements that do not conform to the approved Working Drawings, or conflict with elements of the approved Working Drawings, or do not comply with applicable Laws; such conformity (and any costs related thereto) being the obligation of Tenant. Landlord and Tenant shall accrue use diligent and continuous efforts to achieve the dates set forth in Schedule D-5 attached hereto, which dates are estimated target dates only and Landlord shall not be liable for failure to meet such deadlines, subject to the provisions of the Lease pertaining to Landlord. The General Contractor shall obtain at least three (3) bids for all major trade work at the Premises. Landlord will work with the General Contractor ’s obligations to complete the Tenant Improvements achieve Substantial Completion by the Scheduled Commencement Date. All contracts with vendors and subcontractors for construction of the As used herein, Tenant Improvements will be negotiated by the General Contractor. All work performed in connection with the construction of the Premises shall be performed in a good construed to include Tenant’s Consultants and workmanlike mannerLandlord shall be construed to include Landlord’s Consultants, each of whom shall be instructed to respond in accordance with all Applicable Laws the terms of this Workletter and to fully cooperate with the final approved Plans. If materials are not readily available, require quick ship charges, or require substitution, the Tenant will be given notice and the opportunity to select alternate materialsother party. Landlord shall insure that the Architect conducts a periodic review (a minimum of once every two weeks) of the progress of construction to ensure compliance with the Plans. Tenant may from time to time request in writing changes to the Plans (a “Change Order”), subject to Landlord’s consent, which shall not be unreasonably withheld. Landlord shall cause Contractor to provide an estimate of any change in the Construction Cost and/or Schedule. Tenant shall have the right to elect whether or not to proceed with the Change Order within five (5) business days after receipt of such estimate. Upon such approval by Tenant, or confirmation by Landlord that the Change Order will not result in any change in cost and/or Schedule, Landlord shall implement the Change Order as part diligently pursue Substantial Completion of the Tenant Improvements. The timetable set forth on Schedule D-5 shall be updated as changes occur and provided to Tenant acknowledges that the following items may result in changes to the Budget and/or Schedule:
(i) Municipal or other governmental inspectors require changes to the Premises such for its information and as code compliance changes. In such event, Landlord will notify Tenant a guide for progress of construction of the required changes, but the increased cost of such changes, if any, and any delay associated with such changes shall be the responsibility of TenantTenant Improvements.
(ii) Change Orders approved by Tenant. Any increased costs and delays due to such approved Change Orders shall be the responsibility of Tenant. Any delays caused by such approved Change Orders shall not delay the Commencement Date of the Lease. Landlord shall not charge Tenant any administrative fees in respect of any Change Orders. Tenant shall have five (5) business days to review and approve all Change Orders and any additional review time by Tenant shall be a Tenant Delay.
(iii) If materials are not readily available, require quick ship charges, or require substitution, provided Landlord shall identify any such materials within ten (10) days of final approval of the Plans, and in any such case, Tenant will be given notice and the opportunity to select alternate materials.
(iv) Any Tenant Delay.
Appears in 1 contract
Samples: Office Lease Agreement (Cray Inc)
Construction of Tenant Improvements. Landlord 4.1 Tenant shall obtain all state and local licenses, permits and approvals (whether governmental or non‑governmental) required to construct the Tenant Improvements and for Tenant's occupancy retain one of the Premises. Landlord shall provide access to following general contractors (the General Contractor “Contractor”) for Construction the construction of the Tenant Improvements Improvements: Hathaway Xxxxxxxxx Construction, Skyline Construction, NOVO, Dome, and Xxxx Xxxxx. Prior to the extent such access requires entry through space occupied by other tenants, Landlord shall provide for such access at its sole cost and expense. The Landlord shall engage, subject to Tenant’s reasonable approval, a general contractor to construct the Tenant Improvements (the “General Contractor”). The General Contractor shall construct and install the Tenant Improvements in accordance entering into any contract with the Plans which expense Contractor, Tenant shall submit such contract to Landlord for its review and consent (not to be deducted from unreasonably withheld) for the sole purpose of confirming that such contract complies with the provisions of the Work Letter.
4.2 Tenant Improvement Allowance. The shall cause the Contractor to agree that: (i) the Tenant Improvements shall be delivered via Associated General Contractors constructed in strict accordance with the Approved Working Drawings; (AGCii) Guaranteed Maximum Price Contract (Tenant and the "Contract") Contractor shall abide by all rules made by Xxxxxxxx’s Building manager with Liquidated Damages respect to performance of $500.00 per day for each day of delay in achieving in substantial completion beyond the date specified construction in the ContractBuilding, which date shall be no later than October 1including the handling of deliveries, 2010use of elevators, storage of materials, and a payment and performance bond. Any Liquidated Damages (less cost of collection) paid to Landlord shall accrue to the Tenant; provided, however, any paid Liquidated Damages for any Tenant Delay shall accrue to Landlord. The General Contractor shall obtain at least three (3) bids for all major trade work at the Premises. Landlord will work with the General Contractor to complete the Tenant Improvements by the Commencement Date. All contracts with vendors and subcontractors for construction of the Tenant Improvements will be negotiated by the General Contractor. All work performed other matter in connection with the construction of the Premises Tenant Improvements; and (iii) all reasonable safety precautions must be taken throughout construction.
4.3 Throughout the course of the Tenant Improvement Work, Tenant and its Contractor shall maintain such insurance coverage as is commercially standard for such construction work.
4.4 Tenant or its Contractor must obtain all applicable building permits and approvals for the construction of Tenant Improvements, and such Tenant Improvements must be performed in a good and workmanlike manner, constructed in accordance with all Applicable Laws Laws, including ADA and Title 24.
4.5 With regards to any work to be performed on the final approved Plans. If materials Building Systems and subsystems, Tenant and its Contractor shall use those subcontractors that regularly maintain and manage such systems, and such work will include design, components, distribution, and installation to meet Xxxxxxxx’s specifications for the operations of the Building; any such subsequent contractors with whom Tenant or Contractor are not readily available, require quick ship chargesrequired to contract will charge commercially reasonable rates for the services involved, or require substitution, the Tenant will be given notice and the opportunity to select alternate materials. Landlord shall insure that the Architect conducts a periodic review (a minimum of once every two weeks) of the progress of construction to ensure compliance with the Plans. Tenant may from time to time request in writing changes to the Plans (a “Change Order”), subject to Landlord’s consent, which shall not be unreasonably withheld. Landlord shall cause Contractor to provide an estimate of any change in the Construction Cost and/or Schedule. Tenant shall have the right to elect whether propose reasonably acceptable substitute contractors or sub-contractors to perform such work, subject to Landlord’s prior written consent, not to proceed with be unreasonably withheld, conditioned or delayed.
4.6 At the Change Order within five (5) business days after receipt conclusion of such estimate. Upon such approval by Tenantconstruction, or confirmation by Landlord that the Change Order will not result in any change in cost and/or Schedule, Landlord shall implement the Change Order as part of the Tenant Improvements. Tenant acknowledges that the following items may result in changes to the Budget and/or Schedule:
(i) Municipal or other governmental inspectors require Tenant shall cause the Architect and Contractor (A) to update the Approved Working Drawings as necessary to reflect all changes made to the Premises such as code compliance changes. In such eventApproved Working Drawings during the course of construction, (B) to certify to the best of their knowledge that the “record-set” of as-built drawings are true and correct, which certification shall survive the expiration or termination of this Lease, and (C) to deliver to Landlord will notify Tenant two (2) sets of the required changes, but the increased cost copies of such changes, if anyrecord set of drawings within ninety (90) days following issuance of a certificate of occupancy, and any delay associated with such changes shall be the responsibility of Tenant.
(ii) Change Orders approved by Tenant. Any increased costs and delays due to such approved Change Orders shall be the responsibility of Tenant. Any delays caused by such approved Change Orders shall not delay the Commencement Date of the Lease. Landlord shall not charge Tenant any administrative fees in respect of any Change Orders. Tenant shall have five (5) business days deliver to review and approve Landlord a copy of all Change Orders and any additional review time by Tenant shall be a Tenant Delay.
(iii) If materials are not readily availablewarranties, require quick ship charges, or require substitution, provided Landlord shall identify any such materials within ten (10) days of final approval of the Plansguaranties, and in any such caseoperating manuals and information relating to the improvements, Tenant will be given notice equipment, and the opportunity to select alternate materialssystems.
(iv) Any Tenant Delay.
Appears in 1 contract
Samples: Sublease (Corcept Therapeutics Inc)
Construction of Tenant Improvements. Landlord Subject to Section 6.01(a), Tenant accepts the Premises in their present condition and shall obtain all state and local licenses, permits and approvals (whether governmental or non‑governmental) required to construct be solely responsible for the construction of the Tenant Improvements Improvements. Tenant shall improve the Premises in accordance with the Plans and Specifications and such requirements and upon such conditions as Landlord may impose in accordance with normal standards currently in use by Landlord (the 'Work'). Tenant shall prepare a preliminary layout with Landlord's cooperation and for TenantLandlord's occupancy of the Premisesapproval, which approval shall not be unreasonably withheld or delayed. Landlord shall provide access use its best efforts to notify Tenant of Landlord's approval or disapproval of the General Contractor for Construction layout within five (5) days of Landlord's receipt. Upon approval of the layout, Tenant shall prepare working drawings adequate in detail to perform the Work and shall have necessary mechanical (sprinkler, air conditioning, heating, electrical and plumbing) drawings prepared in consultation with a mechanical engineer covering mechanical 1988 Southern California Chapter Initials ________ of the Society of Industrial and Office Realtors, Inc. (Multi-Tenant Gross Form) elements of the Work. The drawings, together with the preliminary layout, are referred to as the 'Plans and Specifications.' All costs of preparing the Plans and Specifications and performing the Work in excess of the Tenant Improvements and to the extent such access requires entry through space occupied by other tenants, Landlord Improvement Allowance shall provide for such access be at its Tenant's sole cost and expense. The Any review or approval by Landlord of the Plans and Specifications shall engagebe done without any representation or warranty whatsoever to Tenant with respect to the adequacy, subject to Tenant’s reasonable approval, a general contractor to construct the Tenant Improvements (the “General Contractor”)correctness or efficiency thereof or otherwise. The General Contractor shall construct and install the Tenant Improvements in accordance with the Plans which expense shall be deducted from the Tenant Improvement Allowance. The Tenant Improvements shall be delivered via Associated General Contractors (AGC) Guaranteed Maximum Price Contract (the "Contract") with Liquidated Damages of $500.00 per day for each day of delay in achieving in substantial completion beyond the date specified in the Contract, which date shall be no later than October 1, 2010, and a payment and performance bond. Any Liquidated Damages (less cost of collection) paid to Landlord shall accrue to the Tenant; provided, however, any paid Liquidated Damages for any Tenant Delay shall accrue to Landlord. The General Contractor shall obtain at least three (3) bids for all major trade work at the Premises. Landlord will work with the General Contractor to complete the Tenant Improvements by the Commencement Date. All contracts with vendors and subcontractors for construction of the Tenant Improvements will be negotiated by the General Contractor. All work performed in connection with the construction of the Premises Work shall be performed pursuant to a general contract with a reputable licensed contractor with experience in a good and workmanlike manner, constructing tenant improvements in accordance with all Applicable Laws and the final approved Plans. If materials are not readily available, require quick ship charges, or require substitution, the Tenant will be given notice and the opportunity to select alternate materials. Landlord shall insure that the Architect conducts a periodic review (a minimum of once every two weeks) of the progress of construction to ensure compliance with the Planssimilar buildings in San Diego County. Tenant may from time to time request in writing changes to shall select the Plans (a “Change Order”), contractor subject to Landlord’s consent's approval, which shall not be unreasonably withheldwithheld or delayed. Landlord shall cause Contractor to provide an estimate of have no liability for any change defects or deficiencies in the Construction Cost and/or Schedule. Tenant shall have the right to elect whether or not to proceed with the Change Order within five (5) business days after receipt of such estimate. Upon such approval by Tenant, or confirmation by Landlord that the Change Order will not result in any change in cost and/or Schedule, Landlord shall implement the Change Order as part of the Tenant Improvements. Tenant acknowledges that the following items may result in changes to the Budget and/or Schedule:
(i) Municipal or other governmental inspectors require changes to the Premises such as code compliance changes. In such event, Landlord will notify Tenant of the required changes, but the increased cost of such changes, if any, and any delay associated with such changes shall be the responsibility of TenantWork.
(ii) Change Orders approved by Tenant. Any increased costs and delays due to such approved Change Orders shall be the responsibility of Tenant. Any delays caused by such approved Change Orders shall not delay the Commencement Date of the Lease. Landlord shall not charge Tenant any administrative fees in respect of any Change Orders. Tenant shall have five (5) business days to review and approve all Change Orders and any additional review time by Tenant shall be a Tenant Delay.
(iii) If materials are not readily available, require quick ship charges, or require substitution, provided Landlord shall identify any such materials within ten (10) days of final approval of the Plans, and in any such case, Tenant will be given notice and the opportunity to select alternate materials.
(iv) Any Tenant Delay.
Appears in 1 contract
Samples: Industrial Real Estate Lease (Biosite Diagnostics Inc)
Construction of Tenant Improvements. Landlord Tenant shall obtain all state and local licenses, permits and approvals (whether governmental or non‑governmental) required to construct cause the Tenant Improvements and for Tenant's occupancy of the Premises. Landlord shall provide access to the General Contractor for Construction of the Tenant Improvements and to the extent such access requires entry through space occupied by other tenants, Landlord shall provide for such access at its sole cost and expense. The Landlord shall engage, subject to Tenant’s reasonable approval, a general contractor to construct the Tenant Improvements (the “General Contractor”). The General Contractor shall construct and install the Tenant Improvements in accordance with the Plans which expense shall be deducted from the Tenant Improvement Allowance. The Tenant Improvements shall be delivered via Associated General Contractors (AGC) Guaranteed Maximum Price Contract (the "Contract") with Liquidated Damages of $500.00 per day for each day of delay in achieving in substantial completion beyond the date specified in the Contract, which date shall be no later than October 1, 2010, and a payment and performance bond. Any Liquidated Damages (less cost of collection) paid to Landlord shall accrue to the Tenant; provided, however, any paid Liquidated Damages for any Tenant Delay shall accrue to Landlord. The General Contractor shall obtain at least three (3) bids for all major trade work at the Premises. Landlord will work with the General Contractor to complete the Tenant Improvements by the Commencement Date. All contracts with vendors and subcontractors for construction of the Tenant Improvements will to be negotiated carried out in compliance with the Working Plans, all applicable zoning laws and regulations, applicable covenants, conditions and restrictions, and otherwise in compliance with the provisions of the Lease. Prior to the commencement of construction, Tenant shall obtain course of construction and builder's "all risk" insurance in such amounts and form as Landlord requires, liability insurance in the form and amounts required under the Lease, and such performance bonds in form and amounts as Landlord requires. Tenant shall cause the construction of the Tenant Improvements to be carried out with such materials, equipment, contractors and subcontractors as Tenant shall select, all of which shall be approved by Landlord. Landlord hereby approves of SIMAC CONSTRUCTION COMPANY as Tenant's general contractor for its construction of the General ContractorTenant Improvements, subject however to such general contractor complying with all applicable requirements of this Work Letter. All work performed Within ten (10) days after the approval of the final Working Plans in accordance with subparagraph (a) above or as soon as is reasonably possible thereafter, Tenant shall submit to Landlord for its review and approval (i) copies of all proposed construction contracts between Tenant and all contractors and between such contractors and all subcontractors for the Tenant Improvements, together with such background information on such contractors and subcontractors as Landlord may require; (ii) a listing of the make, model, type, grade and all other characteristics requested by Landlord, of all materials, equipment and fixtures which Tenant proposes to install in or use in connection with the Tenant Improvements; and (iii) a budget setting forth in itemized fashion the costs of all materials, equipment, fixtures, contractors, subcontractors, laborers, permits, fees, licenses, architectural services, and all other costs and expenses Tenant proposes to incur in connection with the construction of the Premises Tenant Improvements, specifically also including development review reimbursements to be paid to Landlord for Landlord's actual third party costs incurred in connection with its review, oversight and related functions under this Work Letter in the maximum amount of Five Thousand Dollars ($5,000.00) (hereafter collectively the "Tenant Improvements Costs"). All such matters shall be performed in a good and workmanlike mannersubject to the approval of Landlord prior to the commencement of construction of the Tenant Improvements, in accordance with all Applicable Laws and the final approved Plans. If materials are not readily availableLandlord's reasonable discretion, require quick ship charges, or require substitution, the Tenant will be given notice and the opportunity to select alternate materials. Landlord shall insure that the Architect conducts a periodic review (a minimum of once every two weeks) of the progress of construction to ensure compliance with the Plans. Tenant may from time to time request in writing changes to the Plans (a “Change Order”), subject to Landlord’s consent, which shall not be unreasonably withheld. Landlord shall cause Contractor to provide an estimate of any change in the Construction Cost and/or Schedule. Tenant shall have the right responsibility to elect whether or not to proceed with obtain all necessary construction and building permits and licenses necessary for the Change Order within five (5) business days after receipt of such estimate. Upon such approval by Tenant, or confirmation by Landlord that the Change Order will not result in any change in cost and/or Schedule, Landlord shall implement the Change Order as part construction of the Tenant Improvements. Tenant acknowledges that the following items may result in changes to the Budget and/or Schedule:
(i) Municipal or other governmental inspectors require changes to the Premises such as code compliance changes. In such event, Landlord will notify Tenant shall cause construction of the required changes, but Tenant Improvements in a good and workmanlike manner in strict accordance with the increased cost of such changes, if any, approved Working Plans. All Tenant Improvements Costs shall be paid for by and any delay associated with such changes shall be the sole responsibility of Tenant.
the Tenant (ii) Change Orders approved other than to the extent reimbursed by Tenantthe Allowance as set forth below), including without limitation all costs of utilities, services and insurance on the Premises arising out of the construction of the Tenant Improvements. Any increased costs and delays due to such approved Change Orders All construction of the Tenant Improvements shall be performed and completed lien free, and Tenant hereby indemnifies and agrees to defend and hold Landlord and the responsibility Premises free and harmless from any and all claims, losses, damages, actions and causes of Tenant. Any delays caused by such approved Change Orders shall not delay the Commencement Date action as may be incurred as a result of work performed or materials furnished in connection with construction of the LeaseTenant Improvements. Landlord shall not charge Tenant any administrative fees in respect have such rights to post notices of any Change Orders. Tenant shall have five (5) business days non-responsibility prior to review and approve all Change Orders and any additional review time by Tenant shall be a Tenant Delay.
(iii) If materials are not readily available, require quick ship charges, or require substitution, provided Landlord shall identify any such materials within ten (10) days the commencement of final approval construction of the Plans, and in any such case, Tenant will be given notice and the opportunity to select alternate materialsImprovements.
(iv) Any Tenant Delay.
Appears in 1 contract
Construction of Tenant Improvements. Tenant has personally inspected the Leased Premises and accepts the same "AS IS" without representation or warranty by Landlord of any kind and with the understanding that Landlord shall obtain all state and local licenses, permits and approvals (whether governmental or non‑governmental) required have no responsibility with respect thereto except to construct the Phase I and Phase II, as requested by Tenant Improvements and for Tenant's occupancy of the Premises. Landlord shall provide access to the General Contractor for Construction of the Tenant Improvements and to the extent such access requires entry through space occupied by other tenantsdescribed in EXHIBIT "B", Landlord shall provide for such access at its sole cost and expense. The Landlord shall engage, subject to Tenant’s reasonable approval, a general contractor to construct the Tenant Improvements (the “General Contractor”). The General Contractor shall construct and install the Tenant Improvements in accordance with the Plans which expense shall be deducted from the Tenant Improvement Allowance. The Tenant Improvements shall be delivered via Associated General Contractors (AGC) Guaranteed Maximum Price Contract (the "Contract") with Liquidated Damages of $500.00 per day for each day of delay in achieving in substantial completion beyond the date specified in the Contract, which date shall be no later than October 1, 2010, and a payment and performance bond. Any Liquidated Damages (less cost of collection) paid to Landlord shall accrue to the Tenant; provided, however, any paid Liquidated Damages for any Tenant Delay shall accrue to Landlord. The General Contractor shall obtain at least three (3) bids for all major trade work at the Premises. Landlord will work with the General Contractor to complete the Tenant Improvements by the Commencement Date. All contracts with vendors and subcontractors for construction of the Tenant Improvements will be negotiated by the General Contractor. All work performed in connection with the construction of the Premises shall be performed in a good and workmanlike mannermanner and lien-free all the improvements designated in the Plans and Specifications and Landlord's obligations in the attached EXHIBITS "B" AND "B-1", which shall be in accordance with and at the expense of the party indicated on EXHIBIT "B". As of February 1, 2001, Tenant may enter upon the Leased Premises for purposes of taking measurements, making plans, installing trade fixtures and telephones, erecting temporary or permanent signs and doing such other work as may be appropriate or desirable without being deemed thereby to have taken possession or obligated itself to Minimum Annual Rent or Additional Rent but Tenant agrees that all Applicable Laws and provisions of this Lease shall be applicable as of the final approved Plans. If materials are date of Lease execution including but not readily available, require quick ship charges, or require substitution, limited to the Tenant will be given notice and the opportunity to select alternate materials. following: (a) Landlord shall insure that have no liability for injury to any person or damage to any property of Tenant stored on the Architect conducts a periodic review Leased Premises except for damages caused by the willful act or gross negligence of Landlord or its employees or agents, (a minimum of once every two weeksb) of the progress of construction to ensure compliance with the Plans. Tenant may from time to time request in writing changes to the Plans (a “Change Order”), subject to Landlord’s consent, which shall not be unreasonably withheld. Landlord shall cause Contractor to provide an estimate of any change in interfere with Landlord's construction work on the Construction Cost and/or Schedule. Leased Premises, (c) Tenant shall have the right indemnify, protect and hold harmless Landlord from and against any and all claims, demands, damages, losses, costs, expenses, liabilities and actions at law or in equity based upon any occurrence or condition arising out of or attributable to elect whether or not to proceed with the Change Order within five (5) business days after receipt Tenant's exercise of such estimate. Upon such approval by Tenant, or confirmation by Landlord that the Change Order will not result in any change in cost and/or Schedule, Landlord shall implement the Change Order as part of the Tenant Improvements. Tenant acknowledges that the following items may result in changes to the Budget and/or Schedule:
(i) Municipal or other governmental inspectors require changes to the Premises such as code compliance changes. In such event, Landlord will notify Tenant of the required changes, but the increased cost of such changes, if anyright, and any delay associated with such changes shall be the responsibility of Tenant.
(iid) Change Orders approved by Tenant. Any increased costs and delays due to such approved Change Orders shall be the responsibility of Tenant. Any delays caused by such approved Change Orders shall not delay the Commencement Date of the Lease. Landlord shall not charge Tenant any administrative fees in respect of any Change Orders. Tenant shall have five (5) business days to review and approve all Change Orders and any additional review time by Tenant shall be a Tenant Delay.
(iii) If materials are not readily available, require quick ship charges, or require substitution, provided Landlord shall identify solely responsible for the obtaining any necessary permits for any such materials within ten (10) days of final approval of the Plans, work it performs apart from and in any such caseaddition to the work described in EXHIBIT "B" OR EXHIBIT "B-1", Tenant will be given notice and the opportunity to select alternate materialspermitting for which is Landlord's sole responsibility.
(iv) Any Tenant Delay.
Appears in 1 contract
Samples: Industrial Lease Agreement (Data Systems & Software Inc)
Construction of Tenant Improvements. Landlord shall obtain all state and local licenses, permits and approvals (whether governmental or non‑governmental) required to construct the Tenant Improvements and for Tenant's occupancy Promptly after execution of the Premises. Landlord shall provide access to the General Contractor for Construction of the Tenant Improvements and to the extent such access requires entry through space occupied by other tenantsthis Lease, Landlord shall provide for such access at its sole cost and expense. The Landlord shall engage, subject designate a design consultant to Tenant’s reasonable approval, a general contractor to construct the Tenant Improvements (the “General Contractor”). The General Contractor shall construct and install the Tenant Improvements in accordance with the Plans which expense shall be deducted from the Tenant Improvement Allowance. The Tenant Improvements shall be delivered via Associated General Contractors (AGC) Guaranteed Maximum Price Contract (the "Contract") with Liquidated Damages of $500.00 per day for each day of delay in achieving in substantial completion beyond the date specified in the Contract, which date shall be no later than October 1, 2010, and a payment and performance bond. Any Liquidated Damages (less cost of collection) paid to Landlord shall accrue to the Tenant; provided, however, any paid Liquidated Damages for any Tenant Delay shall accrue to Landlord. The General Contractor shall obtain at least three (3) bids for all major trade work at the Premises. Landlord will work with the General Contractor Tenant to complete the Tenant Improvements by the Commencement Date. All contracts with vendors develop plans and subcontractors specifications for construction of Tenant's leasehold improvements. Landlord's designated design consultant will meet and consult with Tenant in order to ascertain Tenant's desires with respect to such leasehold improvements. Following such consultation, Landlord will prepare and submit to Tenant, for its approval, plans and specifications showing, in reasonable detail, the Tenant Improvements will design and appearance of the Tenant's leasehold improvements, the materials to be negotiated used in the construction thereof, and such other detail or description as may be necessary to adequately define the scope of the work to be performed by the General Contractor. All work performed Landlord in connection with the construction of the Premises shall be performed in a good and workmanlike mannerTenant's leasehold improvements as provided below. Tenant, in accordance with all Applicable Laws and the final approved Plans. If materials are not readily available, require quick ship charges, or require substitution, the Tenant will be given notice and the opportunity to select alternate materials. Landlord shall insure that the Architect conducts a periodic review (a minimum of once every two weeks) of the progress of construction to ensure compliance with the Plans. Tenant may from time to time request in writing changes to the Plans (a “Change Order”), subject to Landlord’s consent, which shall not be unreasonably withheld. Landlord shall cause Contractor to provide an estimate of any change in the Construction Cost and/or Schedule. Tenant shall have the right to elect whether or not to proceed with the Change Order within five (5) business days after upon receipt of such estimate. Upon plans and specifications, shall examine the same and as soon thereafter as is reasonably possible shall inform Landlord, in writing, of any objections to such approval by Tenant, plans and specifications or confirmation by Landlord that the Change Order will not result comments with respect to requested changes in any change in cost and/or Schedule, Landlord shall implement the Change Order as part of the Tenant Improvements. Tenant acknowledges that the following items may result in changes to the Budget and/or Schedule:
(i) Municipal or other governmental inspectors require changes to the Premises such as code compliance changesplans and specifications. In such event, Landlord will notify shall promptly thereafter propose, in writing, corrective amendments as may be necessary to secure the approval of Tenant and resubmit the same for Tenant's acceptance. Tenant shall not unreasonably withhold its approval of the plans and specifications and Landlord and Tenant agree to act in a reasonable manner and with the utmost diligence with respect to the preparation and approval of the plans and specifications and each agrees to refrain from any arbitrary or capricious action in the preparation or approval of such plans and specifications and to act promptly and with all due diligence in the preparation, review and decision-making process. Upon the approval by Landlord and Tenant of the required changesplans and specifications for Tenant's leasehold improvements, but Landlord shall promptly commence the increased cost construction of such changesimprovements using Landlord's standard materials and finishes. Notwithstanding Landlord's agreement to construct the Tenant's leasehold improvements as provided herein, if any, and any delay associated with such changes Tenant shall be responsible for all costs and expenses relating to the responsibility construction of the Tenant's leasehold improvements, less any allowance provided by Landlord as set forth below. Landlord shall provide an allowance in the amount of Twenty-five dollars and no/cents ($25.00) per rentable square foot or One Hundred Forty Thousand Three Hundred dollars and no/cents ($140,300.00) plus one-half the total overages which are estimated to be Eighteen Thousand Dollars ($18,000.00) which equates to Tenant's share being Nine Thousand Dollars ($9,000.00), "Tenant's Improvement Allowance", to be applied to the costs and expenses of Tenant.
's leasehold improvements. Once the construction drawings have been completed, Landlord will competitively bid the construction utilizing the services of W&M Construction and James Balazs Construction. Landlord and Tenant will mutually accept xxx xx xxxxx contractors as the general contractor to construct Tenant's Improvements. In the event that the costs and expenses relating to the construction of the leasehold improvements requested by Tenant exceed the Tenant's Improvement Allowance, Landlord shall inform Tenant of the additional cost to Tenant setting forth, in reasonable detail, the items occasioning any excess costs over and above the Tenant's Improvement Allowance and Tenant shall pay one-half the amount thereof to Landlord prior to the commencement of construction of the Tenant Improvements. The overages are estimated to be approximately Eighteen Thousand Dollars (ii$18,000.00); therefore Tenant shall pay to Landlord Nine Thousand Dollars ($9,000.00) Change Orders approved prior to the commencement of construction of the Tenant Improvements and the balance due for change orders when the Premises are ready for occupancy by Tenant. Any increased costs No changes, modifications or alterations in the approved plans and delays due to such approved Change Orders specifications shall be made without the responsibility written consent of Landlord. Any additional changes, expenses or costs arising by reason of any change, modification or alteration in the approved plans and specifications made at the request of Tenant. Any delays caused by such approved Change Orders , including architect's and design consultant's fees, shall not delay be at the Commencement Date sole cost and expense of the Lease. Tenant and Landlord shall not charge Tenant any administrative fees in respect have the right to demand payment for such change, modification or alteration prior to Landlord's performance of any Change Orderswork in the Premises. Tenant shall have five (5) business days to review and approve all Change Orders and any additional review time by Tenant shall be a Tenant Delay.
(iii) If materials Provided there are not readily available, require quick ship charges, or require substitution, provided Landlord shall identify any such materials within ten (10) days of final no delays in the approval of the Plansplans and specifications or the completion of Tenant's leasehold improvements, and in any such caseTenant's obligation to pay Rent hereunder shall commence January 1, Tenant will 2007; however, rent shall be given notice and the opportunity to select alternate materialsabated on a day for day basis until delivery of possession.
(iv) Any Tenant Delay.
Appears in 1 contract
Construction of Tenant Improvements. 5.1 Subtenant shall cause the contractor to proceed to secure a building permit and commence construction of the Tenant Improvements.
5.2 Subtenant shall be responsible for obtaining all governmental approvals to the full extent necessary for the construction and installation of the Tenant Improvements and for Subtenant's occupancy of the Premises, in compliance with all applicable Regulations. Subtenant shall employ Good and Robexxx xx the contractor or such other contractor or contractors as shall be reasonably approved by Landlord shall obtain all state and local licenses, permits and approvals (whether governmental or non‑governmental) required in writing to construct the Tenant Improvements in conformance with the approved Space Plan and for TenantPlans. The construction contracts between Subtenant and the approved contractor shall be subject to Landlord's occupancy of the Premises. Landlord shall provide access to the General Contractor for Construction of the Tenant Improvements prior reasonable approval and to the extent such access requires entry through space occupied by other tenants, Landlord shall provide for such access at its sole cost and expenseprogress payments. The Landlord shall engage, subject to Tenant’s reasonable approval, a general contractor to construct the Tenant Improvements (the “General Contractor”). The General Contractor shall construct and install the Tenant Improvements in accordance with the Plans which expense contractor(s) shall be deducted from duly licensed and Landlord's approval of the Tenant Improvement Allowance. The Tenant Improvements contractor(s) shall be delivered via Associated General Contractors (AGC) Guaranteed Maximum Price Contract (conditioned, among other things, upon the "Contract") contractor's reputation for quality of work, timeliness of performance, integrity and Landlord's prior experience with Liquidated Damages of $500.00 per day for each day of delay in achieving in substantial completion beyond the date specified in the Contract, which date shall be no later than October 1, 2010, such contractor.
5.3 Sublandlord and a payment and performance bond. Any Liquidated Damages (less cost of collection) paid to Landlord shall accrue to the Tenant; provided, however, any paid Liquidated Damages for any Tenant Delay shall accrue to Landlord. The General Contractor shall obtain at least three (3) bids for all major trade work at the Premises. Landlord will work with the General Contractor to complete the Tenant Improvements by the Commencement Date. All contracts with vendors and subcontractors for construction of the Tenant Improvements will be negotiated by the General Contractor. All work performed in connection with the construction of the Premises shall be performed in a good and workmanlike manner, in accordance with all Applicable Laws and the final approved Plans. If materials are not readily available, require quick ship charges, or require substitution, the Tenant will be given notice and the opportunity to select alternate materials. Landlord shall insure that the Architect conducts a periodic review (a minimum of once every two weeks) of the progress of construction to ensure compliance with the Plans. Tenant may from time to time request in writing changes to the Plans (a “Change Order”), subject to Landlord’s consent, which shall not be unreasonably withheld. Landlord shall cause Contractor liable for any direct or indirect damages suffered by Subtenant as a result of delays in construction beyond Landlord's and Sublandlord's reasonable control, including, but not limited to, delays due to provide an estimate strikes or unavailability of any change in the Construction Cost and/or Schedule. Tenant shall have the right to elect whether materials or not to proceed with the Change Order within five (5) business days after receipt of such estimate. Upon such approval by Tenantlabor, or confirmation delays caused by Subtenant (including delays by the Space Planner, the contractor or anyone else performing services on behalf of Landlord that or Subtenant).
5.4 All work to be performed on the Change Order will not result in any change in cost and/or Schedule, Landlord Premises by Subtenant or Subtenant's contractor or agents shall implement the Change Order as part of the Tenant Improvements. Tenant acknowledges that be subject to the following items may result in changes to the Budget and/or Scheduleconditions:
(ia) Municipal or other governmental inspectors require changes Such work shall proceed upon Landlord's written approval of Subtenant's contractor, and public liability and property damage insurance carried by Subtenant's contractor, and shall further be subject to the Premises such as code compliance changes. In such event, Landlord will notify Tenant provisions of the required changes, but the increased cost of such changes, if any, Paragraphs 12 and any delay associated with such changes shall be the responsibility of Tenant.
(ii) Change Orders approved by Tenant. Any increased costs and delays due to such approved Change Orders shall be the responsibility of Tenant. Any delays caused by such approved Change Orders shall not delay the Commencement Date of the Lease. Landlord shall not charge Tenant any administrative fees in respect of any Change Orders. Tenant shall have five (5) business days to review and approve all Change Orders and any additional review time by Tenant shall be a Tenant Delay.
(iii) If materials are not readily available, require quick ship charges, or require substitution, provided Landlord shall identify any such materials within ten (10) days of final approval of the Plans, and in any such case, Tenant will be given notice and the opportunity to select alternate materials.
(iv) Any Tenant Delay.27
Appears in 1 contract
Samples: Sublease Agreement (Mp3 Com Inc)
