Construction of Tenant Improvements. 5.1 Tenant shall cause its space planner and engineer to prepare construction drawings and specifications for the Tenant Improvements based strictly on the Preliminary Plans within the time period set forth in Section 2.5 above. Prior to the commencement of construction, Tenant shall be given an opportunity to review the construction drawings to confirm that they conform to the Preliminary Plans. Tenant shall have the time period set forth in Section 2.6 above in which to give written notice to Landlord of Tenant's acceptance or rejection of the construction drawings. Unless Landlord receives Tenant's written rejection within such period, the construction drawings shall be deemed approved by Tenant ("Approved Plans"). Such Approved Plans shall create no responsibility or liability on the part of Tenant or Landlord for the completeness of such plans, their design sufficiency or compliance with applicable statutes, ordinances or regulations. 5.2 Within the time period set forth in Section 2.7 above, the Contractor shall prepare a final cost proposal based upon the Approved Plans. The final cost proposal shall contain a complete cost breakdown by line item, including without limitation costs of architectural and engineering fees, plan check and permit fees and other governmental fees, sales and use taxes and all other costs to be expended by or on behalf of Landlord in connection with the construction and installation of the Tenant Improvements. If the final cost proposal is less than or equal to the Estimated Work Cost, Tenant and Landlord shall authorize construction to commence. If the final cost proposal is greater than the Estimated Work Cost, Tenant shall have the time period set forth in Section 2.8 above in which to give written notice to Landlord of Tenant's acceptance or rejection of the final cost proposal. If Tenant rejects such cost proposal, Tenant shall meet with Landlord, the Space Planner and Contractor to make revisions. All costs of Tenant-initiated changes requiring such revisions shall be included in the cost of the Tenant Improvements. Following such revisions, the Contractor shall submit a new cost proposal to Tenant and Landlord, and the same procedure will be followed as set forth above until Tenant has accepted a proposal. Any time consumed in revising the drawings or revising the estimated cost of construction shall be considered a Tenant Delay and shall not delay the Commencement Date of the Lease. 5.3 No work shall commence until the Approved Plans are filed with the governmental agencies having jurisdiction thereof, all required building permits have been obtained, and the Space Planner has certified that to the best of its knowledge, if performed in accordance with the Approved Plans, the work will comply with all laws, codes, regulations and statutes applicable to such work. 5.4 Tenant shall cause the Tenant Improvements to be constructed or installed in the Premises by the Contractor in accordance with the Approved Plans. 5.5 Except as provided below, Tenant shall have no obligation for defects in design, workmanship or materials, but shall use its reasonable best efforts to enforce the Contractor's obligations therefor and shallretain any manufacturers warranties with respect to the work. 5.6 Upon substantial completion of the construction and installation of the Tenant Improvements, Tenant shall pay to Landlord on demand the amount, if any, by which the actual costs incurred by or on behalf of Landlord in connection with the construction and installation of the Tenant Improvements, including the costs of any authorized change orders as defined below, exceeds the sum of the Tenant's Allowance and any amounts previously delivered by Tenant to Landlord pursuant to Section 4.3 above. Tenant shall have no obligation to pay for costs in excess of the final cost proposal unless Tenant has consented to such increased costs pursuant to Section 5.7. 5.7 Any changes to the construction work may be made only upon written request by Tenant approved in writing by Landlord, or as may be required by any governmental agency, or as may be required due to structural or unanticipated field conditions. In each instance, said change must be evidenced by a written change order describing the change. Tenant shall approve all change orders materially affecting the Approved Plans or increasing the costs of the Tenant Improvements in excess of the final cost proposal approved by Tenant.
Appears in 2 contracts
Samples: Office Building Lease (Convera Corp), Office Building Lease (Convera Corp)
Construction of Tenant Improvements. 5.1 Tenant 38.1. Landlord shall cause its space planner architect and engineer to prepare construction drawings and specifications for the Tenant Improvements based strictly on the Preliminary Plans within the time period set forth in Section 2.5 2.6 above. Prior to the commencement of construction, Tenant shall be given an opportunity to review the construction drawings to confirm that they conform to the Preliminary Plans. Tenant shall have the time period set forth in Section 2.6 2.7 above in which to give written notice to Landlord of Tenant's acceptance or rejection of the construction drawings. Unless Landlord receives Tenant's written rejection within such period, the construction drawings shall be deemed approved by Tenant ("Approved Plans"). Such Approved Plans shall create no responsibility or liability on the part of Tenant or Landlord for the completeness of such plans, their design sufficiency or compliance with applicable statutes, ordinances or regulations.
5.2 38.2. Within the time period set forth in Section 2.7 2.8 above, the Contractor Landlord shall prepare a final cost proposal based upon the Approved Plans. The final cost proposal shall contain a complete cost breakdown by line item, including without limitation costs of architectural and engineering fees, plan check and permit fees and other governmental fees, sales and use taxes and all other costs to be expended by or on behalf of Landlord in connection with the construction and installation of the Tenant Improvements. If the final cost proposal is less than or equal to the Estimated Work Cost, Tenant and Landlord shall authorize construction to commence. If the final cost proposal is greater than the Estimated Work Cost, Tenant shall have the time period set forth in Section 2.8 2.9 above in which to give written notice to Landlord of Tenant's acceptance or rejection of the final cost proposal. If Tenant rejects such cost proposal, Tenant shall meet with Landlord, the Space Planner and Landlord's Contractor to make revisions. All costs of Tenant-initiated changes requiring such revisions shall be included in the cost of the Tenant Improvements. Following such revisions, the Contractor Landlord shall submit a new cost proposal to Tenant and LandlordTenant, and the same procedure will be followed as set forth above until Tenant has accepted a proposal. Any time consumed in revising the drawings or revising the estimated cost of construction shall be considered a Tenant Delay and shall not delay the Commencement Date of the Lease.
5.3 38.3. No work shall commence until the Approved Plans are filed with the governmental agencies having jurisdiction thereof, all required building permits have been obtained, and the Space Planner has certified that to the best of its knowledge, if performed in accordance with the Approved Plans, the work will comply with all laws, codes, regulations and statutes applicable to such work.
5.4 Tenant 38.4. Landlord shall cause the Tenant Improvements to be constructed or installed in the Premises by the its designated general Contractor in accordance with the Approved Plans.
5.5 Except as provided below, Tenant 38.5. Landlord shall have no obligation to Tenant for defects in design, workmanship or materials, but shall use its reasonable best efforts to enforce the Contractor's obligations therefor and shallretain shall, as appropriate under the terms of the Lease, assign to Tenant any manufacturers manufacturer's warranties with respect to the work.
5.6 38.6. Upon substantial completion of the construction and installation of the Tenant Improvements, Tenant shall pay to Landlord on demand the amount, if any, by which the actual costs incurred by or on behalf of Landlord in connection with the construction and installation of the Tenant Improvements, including the costs of any authorized change orders as defined below, exceeds the sum of the Tenant's Allowance and any amounts previously delivered by Tenant to Landlord pursuant to Section 4.3 above. Tenant shall have no obligation to pay for costs in excess of the final cost proposal unless Tenant has consented to such increased costs pursuant to Section 5.7.
5.7 38.7. Any changes to the construction work may be made only upon written request by Tenant approved in writing by Landlord, or as may be required by any governmental agency, or as may be required due to structural or unanticipated field conditions. In , in each instance, said change must be instance evidenced by a written change order describing the change. Tenant shall approve all change orders materially affecting the Approved Plans or increasing the costs of the Tenant Improvements in excess of the final cost proposal approved by Tenant.
Appears in 2 contracts
Samples: Office Building Lease (Maxim Pharmaceuticals Inc), Office Lease Agreement (Maxim Pharmaceuticals Inc)
Construction of Tenant Improvements. 5.1 Tenant On Tenant’s behalf, Landlord shall cause its space planner select a licensed general contractor or contractors (the “Contractor”) to construct and engineer to prepare construction drawings and specifications for install the Tenant Improvements based strictly on in accordance with the Preliminary Plans within (the time period “Work”) at Tenant’s expense (which expense shall be deducted from the Allowance). The Contractor shall be 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 (i) the Contractor’s cost for completing the Work (including the Contractor’s general conditions, overhead and profit) and (ii) a Construction Supervision Fee in the amount set forth in Section 2.5 above. Prior 1.1 of the Lease to be paid to Landlord to manage and oversee the commencement of construction, Tenant shall work to be given an opportunity to review the construction drawings to confirm that they conform to the Preliminary Plansdone on Tenant’s behalf. Tenant shall have the time period set forth in Section 2.6 above in which five (5) business days to give written notice to Landlord of Tenant's acceptance or rejection of the construction drawings. Unless Landlord receives Tenant's written rejection within such period, the construction drawings shall be deemed approved by Tenant ("Approved Plans"). Such Approved Plans shall create no responsibility or liability on the part of Tenant or Landlord for the completeness of such plans, their design sufficiency or compliance with applicable statutes, ordinances or regulations.
5.2 Within the time period set forth in Section 2.7 above, the Contractor shall prepare a final cost proposal based upon the Approved Plans. The final cost proposal shall contain a complete cost breakdown by line item, including without limitation costs of architectural review and engineering fees, plan check and permit fees and other governmental fees, sales and use taxes and all other costs to be expended by or on behalf of Landlord in connection with the construction and installation of the Tenant Improvements. If the final cost proposal is less than or equal to the Estimated Work Cost, Tenant and Landlord shall authorize construction to commence. If the final cost proposal is greater than the Estimated Work Cost, Tenant shall have the time period set forth in Section 2.8 above in which to give written notice to Landlord of Tenant's acceptance or rejection of the final cost proposal. If Tenant rejects such cost proposal, Tenant shall meet with Landlord, the Space Planner and Contractor to make revisions. All costs of Tenant-initiated changes requiring such revisions shall be included in approve the cost of the Tenant ImprovementsWork. Following such revisions, Landlord shall not authorize the Contractor shall submit a new to proceed with the work until the cost proposal is mutually agreed upon and approved in writing and delivered to Tenant and Landlord, and .
b. Any changes in the same procedure will be followed as set forth above until Tenant has accepted a proposal. Any time consumed in revising the drawings or revising the estimated approved cost of construction the Work shall be considered by written change order signed by the Tenant. Tenant agrees to process change orders in a timely fashion. Tenant Delay and shall not delay acknowledges that the Commencement Date 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 Lease.
5.3 No work shall commence until the Approved Plans are filed with the governmental agencies having jurisdiction thereof, all required building permits have been obtained, and the Space Planner has certified that to the best of its knowledge, if performed in accordance with the Approved Plans, the work will comply with all laws, codes, regulations and statutes applicable to such work.
5.4 Tenant shall cause the Tenant Improvements to be constructed or installed in the Premises by the Contractor in accordance with the Approved Plans.
5.5 Except as provided below, Tenant shall have no obligation for defects in design, workmanship or materialschanges, but the cost of such changes and any delay associated with such changes shall use its reasonable best efforts to enforce be the Contractor's obligations therefor and shallretain any manufacturers warranties with respect to the work.
5.6 Upon substantial completion of the construction and installation of the Tenant Improvements, Tenant shall pay to Landlord on demand the amount, if any, by which the actual costs incurred by or on behalf of Landlord in connection with the construction and installation of the Tenant Improvements, including the costs of any authorized change orders as defined below, exceeds the sum responsibility of the Tenant's Allowance and any amounts previously delivered by Tenant to Landlord pursuant to Section 4.3 above.
ii. Tenant shall have no obligation to pay for costs in excess of the final cost proposal unless Tenant has consented to such increased costs pursuant to Section 5.7.
5.7 Any makes changes to the construction work may Plans or requests additional work. Tenant will be made only upon written request notified of the cost and any delays that would result from the change by a change order signed by Tenant approved before the changes are implemented.
iii. Any errors or omissions in writing by Landlordthe 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 the responsibility of the Tenant.
iv. Materials are not readily available, require quick ship charges, or as may be required by any governmental agencyrequire substitution.
v. The Tenant Improvement schedule requires Express Review to get permits, or as may be required due to structural or unanticipated field conditions. In each instance, said change must be evidenced by a written change order describing the change. Tenant shall approve all change orders materially affecting the Approved Plans or increasing which will increase the costs of the Tenant Improvements in excess of the final cost proposal approved by Tenantpermitting process.
Appears in 2 contracts
Samples: Office Lease (Active Network Inc), Office Lease (Spherix Inc)
Construction of Tenant Improvements. 5.1 Construction of Tenant's Improvements shall be subject to the following:
a. Tenant will submit its complete space plan and pricing notes for review by Landlord within 45 days after the date of this Work Letter. Landlord shall provide its approval or comments on the space plan and pricing notes within 60 days after receipt.
b. Tenant shall cause its enter into a contract with CresaPartners as Tenant’s Construction Coordinator to oversee and manage the design, supervision, and construction of all Tenant Improvements. Tenant’s architect, Axxxxxxxx Xxxxxx shall prepare all space planner and engineer to prepare construction planning, design drawings plans and specifications for the Tenant Improvements, including but not limited to all electrical, plumbing and mechanical drawings for permitting. Tenant’s engineer shall prepare complementary engineering drawings. Landlord will provide to Tenant the existing Building plans including infrastructure, mechanical, electrical, plumbing and related plans to assist Tenant in its design activities. Tenant shall submit to the Landlord for approval prior to commencing work its final Tenant Improvements based strictly design, drawings, plans and specifications (collectively “Plans”). Landlord shall review, comment on and/or approve the Preliminary Plans within a reasonable time after Tenant’s submission. If Landlord provided comments, the time period set forth in Section 2.5 aboveparties shall confer to revise the Plans to Landlord’s reasonable satisfaction. Prior to Upon Landlord’s approval of the commencement of constructionPlans (the “Approved Plans”), Tenant shall be given an opportunity entitled to review commence work. All work on the construction drawings to confirm that they conform to the Preliminary Plans. Tenant shall have the time period set forth in Section 2.6 above in which to give written notice to Landlord of Tenant's acceptance or rejection of the construction drawings. Unless Landlord receives Tenant's written rejection within such period, the construction drawings Improvements shall be deemed approved by Tenant ("Approved Plans"). Such Approved Plans shall create no responsibility or liability on the part of Tenant or Landlord for the completeness of such plans, their design sufficiency or compliance with applicable statutes, ordinances or regulations.
5.2 Within the time period set forth in Section 2.7 above, the Contractor shall prepare a final cost proposal based upon the Approved Plans. The final cost proposal shall contain a complete cost breakdown by line item, including without limitation costs of architectural and engineering fees, plan check and permit fees and other governmental fees, sales and use taxes and all other costs to be expended by or on behalf of Landlord in connection with the construction and installation of the Tenant Improvements. If the final cost proposal is less than or equal to the Estimated Work Cost, Tenant and Landlord shall authorize construction to commence. If the final cost proposal is greater than the Estimated Work Cost, Tenant shall have the time period set forth in Section 2.8 above in which to give written notice to Landlord of Tenant's acceptance or rejection of the final cost proposal. If Tenant rejects such cost proposal, Tenant shall meet with Landlord, the Space Planner and Contractor to make revisions. All costs of Tenant-initiated changes requiring such revisions shall be included in the cost of the Tenant Improvements. Following such revisions, the Contractor shall submit a new cost proposal to Tenant and Landlord, and the same procedure will be followed as set forth above until Tenant has accepted a proposal. Any time consumed in revising the drawings or revising the estimated cost of construction shall be considered a Tenant Delay and shall not delay the Commencement Date of the Lease.
5.3 No work shall commence until the Approved Plans are filed with the governmental agencies having jurisdiction thereof, all required building permits have been obtained, and the Space Planner has certified that to the best of its knowledge, if performed in strict accordance with the Approved Plans, the work will comply with all laws, codes, regulations and statutes applicable to such work.
5.4 Tenant shall cause the Tenant Improvements to be constructed or installed in the Premises by the Contractor in accordance with the Approved Plans.
5.5 Except as provided below, Tenant shall have no obligation for defects in design, workmanship or materials, but shall use its reasonable best efforts to enforce the Contractor's obligations therefor and shallretain any manufacturers warranties with respect to the work.
5.6 Upon substantial completion of the construction and installation of the Tenant Improvements, Tenant shall pay to Landlord on demand the amount, if any, by which the actual costs incurred by or on behalf of Landlord in connection with the construction and installation of the Tenant Improvements, including the costs of any authorized change orders as defined below, exceeds the sum of the Tenant's Allowance and any amounts previously delivered by Tenant to Landlord pursuant to Section 4.3 above. Tenant shall have no obligation not deviate from the Approved Plans without first having obtained Landlord’s written consent to pay for costs in excess of the final cost proposal unless Tenant has consented to any such increased costs pursuant to Section 5.7deviation.
5.7 Any changes c. Tenant's shall submit its proposed construction schedule to the construction Landlord prior to performance of any Tenant Improvements work may and is subject to Landlord's reasonable approval, to be made only upon written request provided within 5 days after receipt of Tenant’s proposed schedule.
d. Tenant, its architect, engineer and CresaPartners will work closely with Landlord and Landlord's architect to expedite completion of Tenant drawings.
e. Tenant agrees to use Landlord's contractors for any alterations, additions and revisions to Building shell electrical, mechanical and plumbing systems so that all existing warranties and guarantees are maintained, if required by Landlord. Wherever Tenant uses or is required to use a contractor approved in writing or designated by Landlord, or uses a contractor from a Landlord-supplied list (if applicable), Tenant hereby expressly acknowledges and agrees that such use or requirement is not intended and shall not be deemed or construed in any way to (a) relieve Tenant or such contractor from any liability to Landlord, or anyone, for the work performed pursuant to such requirement or (b) impose upon Landlord any liability for such work or for its completeness, design sufficiency, safety or compliance with any or all environmental, remedial and other laws, ordinances, rules, directions, guidelines and orders of governmental and public bodies and agencies now or hereafter in effect from time to time. Any list of contractors supplied to Tenant by Landlord is provided only as a convenience to Tenant and signifies only that such contractor has performed construction work for Landlord in the past. Tenant shall remain fully liable for the selection of its contractors whether or not the same are included on any Landlord-supplied list. The term “contractors” as used in this Agreement also includes subcontractors. Landlord shall provide Tenant with a list of approved contractors within 10 days after mutual execution of this Work Letter. Tenant has proposed to use Provident Construction and/or Ponderosa Construction to perform the work under this Work Letter. Landlord is not familiar with such contractors. Landlord hereby approves them for Tenant’s use but reserves the right to revoke this approval if the contractors do not proceed in a good and workmanlike manner.
f. If any Tenant Improvements require modifications or changes to any structural members, Tenant is required to submit architectural drawings to be reviewed and detailed by Landlord's structural engineer for the Building, so that the structure may be modified accordingly. All structural modifications required shall be performed by Tenant’s licensed contractors approved by Landlord in writing. Tenant shall be responsible for all fees, costs, and permits required and necessary to complete said modifications.
g. If any governmental agencyTenant Improvements require roof penetrations, Tenant must submit plans for same for written approval to Landlord's roofing contractor prior to commencing any work. Any required roof penetrations approved by Landlord’s roofing contractor and resealing of such roof penetrations will be by Landlord's roofing contractor, at Tenant’s cost.
h. During construction of Tenant’s Improvements, all trash must be cleaned up daily and either removed from the Building site or put in a construction dumpster provided by Tenant in a location approved by Landlord. All construction dumpsters shall be maintained at all times on 2” x 6” wood blocks in order to avoid any damage to the pavement of the Building. Tenant shall be responsible for all damage to the pavement of the Building by virtue of the maintenance of construction dumpsters thereon. Landlord's retail waste containers or construction dumpsters shall not be used by Tenant or its contractor(s) or subcontractor(s). If Tenant fails to keep areas clean Landlord, at its option, may perform the necessary work at Tenant's expense.
i. If a fire sprinkler system is present and utilized in the Building, then the fire sprinkler system has been installed as per shell standard plans. Any alterations or completion of the system, including drops, adjustment of heads, additions of heads, or as may be revision of drop or head locations and numbers are the cost and design responsibility of the Tenant. Tenant must use Landlord’s System Engineer and Architect for the modifications to the existing system. Tenant is cautioned to inspect plans for and system supplied to the structure. Tenant shall submit four (4) sets sprinkler drawings and four (4) sets of as-built sprinkler drawings and calculations to Landlord’s Architect for record purposes. Reissuance of permits required due to structural Tenant additions or unanticipated field conditions. In each instance, said change alterations must be evidenced carried out by a written change order describing the change. Landlord's fire sprinkler contractor at Tenant's cost.
j. Tenant and CresaPartners shall approve furnish Landlord with copies of all change orders materially liens and lien waivers (whether partial or otherwise) affecting the Approved Plans Premises as a result or increasing arising out of Tenant’s Improvements or materials furnished therefore, forthwith (not to exceed 5 days) following the costs of the Tenant Improvements in excess of the final cost proposal approved by filing thereof or Tenant’s or Tenant’s contractor(s) receipt thereof, as applicable.
Appears in 1 contract
Samples: Premises Lease (Zynex Inc)
Construction of Tenant Improvements. 5.1 3.1 Upon completion of the Working Plans and at the request of Tenant, Landlord and its contractor shall provide to Tenant shall cause its space planner and engineer in writing an estimate of the cost of improvements to prepare construction drawings and specifications for the Tenant Improvements based strictly on the Preliminary Plans within the time period set forth in be provided at Tenant’s expense pursuant to Section 2.5 above1 of this Work Agreement. Prior to the commencement Within ten days after Tenant’s receipt of constructionsuch estimated cost, Tenant shall be given an opportunity delete any items which Tenant elects not to review the construction drawings to confirm that they conform to the Preliminary Plans. Tenant shall have the time period set forth in Section 2.6 above in which to give written notice to Landlord of Tenant's acceptance or rejection of the construction drawings. Unless Landlord receives Tenant's written rejection within such period, the construction drawings shall be deemed approved by Tenant ("Approved Plans"). Such Approved Plans shall create no responsibility or liability on the part of Tenant or Landlord for the completeness of such plans, their design sufficiency or compliance with applicable statutes, ordinances or regulations.
5.2 Within the time period set forth in Section 2.7 above, the Contractor shall prepare a final cost proposal based upon the Approved Plans. The final cost proposal shall contain a complete cost breakdown by line item, including without limitation costs of architectural constructed and engineering fees, plan check and permit fees and other governmental fees, sales and use taxes and all other costs to be expended by or on behalf of Landlord in connection with the construction and installation of the Tenant Improvements. If the final cost proposal is less than or equal to the Estimated Work Cost, Tenant and Landlord shall authorize construction of the balance of the improvements. In the absence of such written authorization, Landlord shall not be obligated to commence. If commence work on the final cost proposal is greater than the Estimated Work Cost, Premises and Tenant shall have the time period set forth be responsible for any costs due to any resulting delay in Section 2.8 above in which to give written notice to Landlord of Tenant's acceptance or rejection completion of the final cost proposal. If Premises.
3.2 Tenant rejects such cost proposal, Tenant shall meet with Landlord, the Space Planner and Contractor to make revisions. All costs of Tenant-initiated changes requiring such revisions shall be included in acknowledges that the cost of the improvements will exceed the Tl Allowance. Tenant Improvementsshall be responsible for all costs that exceed the Tl Allowance. Following such revisionsOnce the Tl Allowance has been exceeded, the Contractor Landlord shall 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 new cost proposal written request for such change to Tenant and Landlord, together with all plans and specifications necessary to show and explain changes from the same procedure will be followed as set forth above until Tenant has accepted a proposalapproved Working Plans. Any time consumed in revising the drawings or revising the estimated cost of construction such change shall be considered a subject to Landlord’s approval. Landlord or its contractor shall notify Tenant Delay and shall not delay the Commencement Date in writing of the Lease.
5.3 No work shall commence until the Approved Plans are filed with the governmental agencies having jurisdiction thereof, all required building permits have been obtained, and the Space Planner has certified that to the best of its knowledge, if performed in accordance with the Approved Plans, the work will comply with all laws, codes, regulations and statutes applicable to such work.
5.4 Tenant shall cause the Tenant Improvements to be constructed or installed in the Premises by the Contractor in accordance with the Approved Plans.
5.5 Except as provided below, Tenant shall have no obligation for defects in design, workmanship or materials, but shall use its reasonable best efforts to enforce the Contractor's obligations therefor and shallretain any manufacturers warranties with respect to the work.
5.6 Upon substantial completion of the construction and installation of the Tenant Improvements, Tenant shall pay to Landlord on demand the amount, if any, by which will be charged or credited to Tenant to reflect the actual costs incurred by or on behalf cost of Landlord such change relative to the Tl Allowance. If changes to the Working Plans result in the cost of the work being less than the Tl Allowance, the Base Rent shall be reduced to reflect the amortized cost savings over the Term of the Lease at the rate of ten percent (10%) per annum.
3.4 If Tenant requests that its contractor be permitted to perform any work in connection with the construction improvements on the Premises and installation 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 Tenant Improvements, including public liability and property damage insurance carried by Tenant’s contractor. Landlord shall have the costs of any authorized change orders as defined below, exceeds right to require Tenant’s contractor to post a payment or performance bond in an amount equal to the sum estimated cost of the Tenant's Allowance and any amounts previously delivered work to be performed by Tenant to Landlord pursuant to Section 4.3 abovesuch 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 obligation responsibility for Tenant’s failure to pay for costs in excess of the final cost proposal unless Tenant has consented to such increased costs pursuant to Section 5.7comply with all applicable governmental regulations.
5.7 Any changes 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 construction trades being employed at the site.
3.4.4 All such work may shall be made only upon written request by Tenant approved scheduled through Landlord and shall be performed in writing a manner and 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 the Premises or in such other space as may be required designated by Landlord or its contractor from time to 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 governmental agencypurpose, including without limitation inspection or performance of work by Tenant’s contractor, prior to the Commencement Date, shall be subject to all 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 entry shall mean entry by Tenant, its officers, contractors, licensees, agents, servants, employees, guests, invitees, or as may be required due to structural or unanticipated field conditions. In each instance, said change must be evidenced by a written change order describing the change. visitors.
3.4.7 Tenant shall approve indemnify and hold harmless Landlord from and against any and all change orders materially affecting claims, losses, liabilities, and expenses (including without limitation attorneys’ fees) arising out of or in any way related to the Approved Plans activities of Tenant’s contractors (and any subcontractors) in the Premises or increasing the costs on the Property. Without limiting the generality of the foregoing, Tenant Improvements in excess shall promptly reimburse Landlord upon demand for any extra expense incurred by the Landlord as a result of faulty work done by Tenant or its contractors, any delays caused by such work, or inadequate clean-up.
3.5 Landlord shall not charge any oversight fees or supervisory fees during the final cost proposal approved by Tenant.tenant improvement construction period. Jive Software
Appears in 1 contract
Construction of Tenant Improvements. 5.1 Tenant Landlord shall cause its space planner and engineer to prepare construction drawings and specifications be responsible for the construction of the Base Building as defined in Exhibit B-1 (the “Base Building”). If substantial completion and delivery of the Base Building to Tenant Improvements based strictly does not occur on or before February 15, 2021 (the Preliminary Plans “Late Delivery Date”) then Landlord will credit to Tenant against Minimum Annual Rent first becoming due under this Lease for each day of delay after the Late Delivery Date until delivery of the substantially completed Base Building to Tenant occurs. Notwithstanding the foregoing, in no event will Tenant be entitled to a credit against Minimum Annual Rent in excess of an amount equal to ninety (90) days of Minimum Annual Rent, even if the Commencement Date does not occur within ninety (90) days after the time period set forth in Section 2.5 aboveLate Delivery Date. Prior If Tenant receives any such rent credit, then the initial Lease Term will be extended by the number of days of Minimum Monthly Rent payable with such rent credit. The Late Delivery Date will be extended by reason of delays caused by Tenant or Force Majeure or circumstances beyond Landlord’s reasonable control. If Landlord fails to deliver the commencement of constructionBase Building on or before May 16, 2021 (the “Late Delivery Termination Date”), then Tenant shall be given an opportunity to review the construction drawings to confirm that they conform to the Preliminary Plans. Tenant shall have the time period set forth in Section 2.6 above in which to give may, as Tenant’s sole and exclusive remedy, terminate this Lease by delivering written notice of termination to Landlord not later than 30 days after the Late Delivery Termination Date. If Tenant timely delivers such notice of Tenant's acceptance termination, then this Lease will terminate and the parties will have no further rights or rejection obligations hereunder, provided that if delivery of the construction drawings. Unless Leased Premises occurs within thirty (30) days after Landlord receives Tenant's written rejection within such periodtermination notice, the construction drawings shall be deemed approved then this Lease will remain in full force and effect. Any failure by Tenant ("Approved Plans"). Such Approved Plans shall create no responsibility or liability on the part of Tenant or Landlord for the completeness of to deliver such plans, their design sufficiency or compliance with applicable statutes, ordinances or regulations.
5.2 Within the time period set forth in Section 2.7 above, the Contractor shall prepare a final cost proposal based upon the Approved Plans. The final cost proposal shall contain a complete cost breakdown by line item, including without limitation costs of architectural and engineering fees, plan check and permit fees and other governmental fees, sales and use taxes and all other costs to be expended by or on behalf of Landlord in connection with the construction and installation of the Tenant Improvements. If the final cost proposal is less than or equal to the Estimated Work Cost, Tenant and Landlord shall authorize construction to commence. If the final cost proposal is greater than the Estimated Work Cost, Tenant shall have the time period set forth in Section 2.8 above in which to give written termination notice to Landlord in a timely manner after the Late Delivery Termination Date will constitute a waiver of Tenant's acceptance or rejection of the final cost proposal. If Tenant rejects such cost proposal, Tenant shall meet with Landlord, the Space Planner and Contractor right to make revisions. All costs of Tenant-initiated changes requiring such revisions shall be included in the cost of the Tenant Improvements. Following such revisions, the Contractor shall submit a new cost proposal terminate this Lease pursuant to Tenant and Landlordthis section, and the same procedure this Lease will remain in full force and effect. The Late Delivery Termination Date will be followed extended by reason of delays caused by Tenant or Force Majeure or circumstances beyond Landlord’s reasonable control. For the purposes of this Section 2.02, substantial completion means that the Base Building has been completed, as set forth above until Tenant has accepted a proposal. Any time consumed in revising the drawings or revising the estimated cost of construction shall be considered a Tenant Delay and shall not delay the Commencement Date of the Lease.
5.3 No work shall commence until the Approved Plans are filed with the governmental agencies having jurisdiction thereof, all required building permits have been obtained, and the Space Planner has certified that to the best of its knowledge, if performed reasonably determined by Landlord’s architect in accordance with the Approved Plansprovisions of the Lease and Exhibit B-1, the work will comply with all laws, codes, regulations and statutes applicable subject only to such work.
5.4 Tenant shall cause the Tenant Improvements punchlist items to be constructed or installed identified by Landlord and Landlord’s contractor in the Premises by the Contractor in accordance with the Approved Plans.
5.5 Except as provided below, Tenant shall have no obligation for defects in design, workmanship or materials, but shall use its reasonable best efforts to enforce the Contractor's obligations therefor and shallretain any manufacturers warranties with respect to the work.
5.6 Upon a joint inspection after substantial completion of the construction Base Building (the “Punch List Items”). Tenant shall construct and installation install (or cause to be constructed and installed) all leasehold improvements to the Leased Premises (collectively, the “Tenant Improvements”) in accordance with Exhibit B and Exhibit B-2 attached hereto and made a part hereof. Promptly following substantial completion and delivery of the Tenant ImprovementsBase Building, Tenant shall pay execute Landlord’s Letter of Understanding in substantially the form attached hereto as Exhibit C and made a part hereof, acknowledging, among other things, that Tenant has accepted the Leased Premises. If Tenant takes possession of and occupies the Leased Premises Tenant shall be deemed to Landlord on demand have accepted the amount, if any, by which Leased Premises and that the actual costs incurred by or on behalf condition of Landlord the Leased Premises and the Building was at the time satisfactory and in connection conformity with the construction and installation provisions of the Tenant Improvementsthis Lease, including the costs of any authorized change orders as defined below, exceeds the sum of the Tenant's Allowance and any amounts previously delivered by Tenant to Landlord pursuant to Section 4.3 above. Tenant shall have no obligation to pay for costs in excess of the final cost proposal unless Tenant has consented to such increased costs pursuant to Section 5.7.
5.7 Any changes subject to the construction work may be made only upon written request by Tenant approved in writing by Landlord, or as may be required by any governmental agency, or as may be required due to structural or unanticipated field conditions. In each instance, said change must be evidenced by a written change order describing the change. Tenant shall approve all change orders materially affecting the Approved Plans or increasing the costs of the Tenant Improvements in excess of the final cost proposal approved by TenantPunch List Items.
Appears in 1 contract
Construction of Tenant Improvements. 5.1 Landlord and Tenant shall cause its space planner and engineer to prepare construction will cooperate in the preparation of working drawings and specifications for the Tenant Improvements based strictly on Improvements, utilizing the Preliminary Plans within the time period set forth services of Tenant's designer, Erik Xxxxx xx Ibsex/Xxxtx Xxxhitecture ("Designer"). As used in Section 2.5 above. Prior this Lease, "Tenant Improvements" refers to the commencement interior portion of construction, the Premises exclusive of the Shell. The final space plans and working drawings approved by both Landlord and Tenant shall be given an opportunity attached to review this Lease as Exhibit D. It shall be Tenant's obligation to timely produce the final space plans and working drawings and to obtain all required permits respecting the construction drawings to confirm that they conform to the Preliminary Plans. Tenant shall have the time period set forth in Section 2.6 above in which to give written notice to Landlord of Tenant's acceptance or rejection of the construction drawings. Unless Landlord receives Tenant's written rejection within such period, the construction drawings shall be deemed approved by Tenant ("Approved Plans"). Such Approved Plans shall create no responsibility or liability on the part of Tenant or Landlord for the completeness of such plans, their design sufficiency or compliance with applicable statutes, ordinances or regulations.
5.2 Within the time period set forth in Section 2.7 above, the Contractor shall prepare a final cost proposal based upon the Approved Plans. The final cost proposal shall contain a complete cost breakdown by line item, including without limitation costs of architectural and engineering fees, plan check and permit fees and other governmental fees, sales and use taxes and all other costs to be expended by or on behalf of Landlord in connection with the construction and installation of the Tenant Improvements. If Time is of the final cost proposal is less than or equal essence in this effort. The parties will make all reasonable efforts to expedite the Estimated Work Cost, preparation and approval of the space plans and working drawings for the Tenant and Landlord shall authorize construction Improvements. The Project Schedule annexed as an Exhibit to commence. If this Lease will set out a deadline for the final cost proposal is greater than the Estimated Work Cost, Tenant shall have the time period set forth in Section 2.8 above in which to give written notice to Landlord of Tenant's acceptance or rejection delivery of the final cost proposalspace plan and working drawings. If In the event that the Designer fails to timely deliver the final space plan and the working drawings, any delay resulting from that failure will be considered a Tenant rejects such cost proposalDelay. In the event of a Tenant Delay, Landlord will work with the contractor and utilize commercially reasonable measures to attempt to eliminate or reduce the impact of the Tenant shall meet with Landlord, Delay upon the Space Planner and Contractor Completion Date. Landlord will pay an amount equal to make revisions. All $35.00 per Usable Square Foot of the Premises ("Allowance") expendable for the costs of Tenant-initiated changes requiring such revisions shall be included in the cost design and construction of the Tenant Improvements. Following such revisions, the Contractor shall submit a new cost proposal to Tenant and Landlord, and the same procedure will be followed as set forth above until Tenant has accepted a proposal. Any time consumed in revising the drawings or revising the estimated cost of construction shall be considered a Tenant Delay and shall not delay the Commencement Date of the Lease.
5.3 No work shall commence until the Approved Plans are filed with the governmental agencies having jurisdiction thereof, all required building permits have been obtained, and the Space Planner has certified that to the best of its knowledge, if performed in accordance with the Approved Plans, the work will comply with all laws, codes, regulations and statutes applicable to such work.
5.4 Tenant shall cause the Tenant Improvements to be constructed or installed in the Premises by the Contractor in accordance with the Approved Plans.
5.5 Except as provided below, Tenant shall have no obligation for defects in design, workmanship or materials, but shall use its reasonable best efforts to enforce the Contractor's obligations therefor and shallretain any manufacturers warranties with respect to the work.
5.6 Upon substantial completion of the construction and installation of the Tenant Improvements, Tenant shall pay to Landlord on demand the amount, if any, by which the actual costs incurred by or on behalf of Landlord in connection with the construction and installation of the Tenant Improvements, including the costs of any authorized change orders as defined below, exceeds the sum of the Tenant's Allowance and any amounts previously delivered by Tenant to Landlord pursuant to Section 4.3 above. Tenant shall have no obligation to pay for costs in excess of the final cost proposal unless Tenant has consented to such increased costs pursuant to Section 5.7.
5.7 Any changes to the construction work may Allowance shall be made only upon written request Tenant's obligation and if expended by Tenant approved in writing by Landlord, or as may be required by any governmental agency, or as may be required due within 15 Days of Delivery to structural or unanticipated field conditions. In each instance, said change must be evidenced by a written change order describing the change. Tenant shall approve all change orders materially affecting the Approved Plans or increasing the costs of the Tenant Improvements in excess of the final cost proposal approved by Tenant.invoices and other
Appears in 1 contract
Samples: Lease Agreement (Quadramed Corp)
Construction of Tenant Improvements. 5.1 3.1 Upon completion of the Working Plans and at the request of Tenant, Landlord and its contractor shall provide to Tenant shall cause its space planner and engineer in writing an estimate of the cost of improvements to prepare construction drawings and specifications for the Tenant Improvements based strictly on the Preliminary Plans within the time period set forth in be provided at Tenant’s expense pursuant to Section 2.5 above1 of this Work Agreement. Prior to the commencement Within ten days after Tenant’s receipt of constructionsuch estimated cost, Tenant shall be given an opportunity delete any items which Tenant elects not to review the construction drawings to confirm that they conform to the Preliminary Plans. Tenant shall have the time period set forth in Section 2.6 above in which to give written notice to Landlord of Tenant's acceptance or rejection of the construction drawings. Unless Landlord receives Tenant's written rejection within such period, the construction drawings shall be deemed approved by Tenant ("Approved Plans"). Such Approved Plans shall create no responsibility or liability on the part of Tenant or Landlord for the completeness of such plans, their design sufficiency or compliance with applicable statutes, ordinances or regulations.
5.2 Within the time period set forth in Section 2.7 above, the Contractor shall prepare a final cost proposal based upon the Approved Plans. The final cost proposal shall contain a complete cost breakdown by line item, including without limitation costs of architectural constructed and engineering fees, plan check and permit fees and other governmental fees, sales and use taxes and all other costs to be expended by or on behalf of Landlord in connection with the construction and installation of the Tenant Improvements. If the final cost proposal is less than or equal to the Estimated Work Cost, Tenant and Landlord shall authorize construction of the balance of the improvements. In the absence of such written authorization, Landlord shall not be obligated to commence. If commence work on the final cost proposal is greater than the Estimated Work Cost, Premises and Tenant shall have the time period set forth be responsible for any costs due to any resulting delay in Section 2.8 above in which to give written notice to Landlord of Tenant's acceptance or rejection completion of the final cost proposal. If Premises.
3.2 Tenant rejects such cost proposal, Tenant shall meet with Landlord, the Space Planner and Contractor to make revisions. All costs of Tenant-initiated changes requiring such revisions shall be included in acknowledges that the cost of the improvements will exceed the Tl Allowance. Tenant Improvementsshall be responsible for all costs that exceed the Tl Allowance. Following such revisionsOnce the Tl Allowance has been exceeded, the Contractor Landlord shall 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 new cost proposal written request for such change to Tenant and Landlord, together with all plans and specifications necessary to show and explain changes from the same procedure will be followed as set forth above until Tenant has accepted a proposalapproved Working Plans. Any time consumed in revising the drawings or revising the estimated cost of construction such change shall be considered a subject to Landlord’s approval. Landlord or its contractor shall notify Tenant Delay and shall not delay the Commencement Date in writing of the Lease.
5.3 No work shall commence until the Approved Plans are filed with the governmental agencies having jurisdiction thereof, all required building permits have been obtained, and the Space Planner has certified that to the best of its knowledge, if performed in accordance with the Approved Plans, the work will comply with all laws, codes, regulations and statutes applicable to such work.
5.4 Tenant shall cause the Tenant Improvements to be constructed or installed in the Premises by the Contractor in accordance with the Approved Plans.
5.5 Except as provided below, Tenant shall have no obligation for defects in design, workmanship or materials, but shall use its reasonable best efforts to enforce the Contractor's obligations therefor and shallretain any manufacturers warranties with respect to the work.
5.6 Upon substantial completion of the construction and installation of the Tenant Improvements, Tenant shall pay to Landlord on demand the amount, if any, by which will be charged or credited to Tenant to reflect the actual costs incurred by or on behalf cost of Landlord such change relative to the Tl Allowance. If changes to the Working Plans result in the cost of the work being less than the Tl Allowance, the Base Rent shall be reduced to reflect the amortized cost savings over the Term of the Lease at the rate of ten percent (10%) per annum.
3.4 If Tenant requests that its contractor be permitted to perform any work in connection with the construction improvements on the Premises and installation 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 Tenant Improvements, including public liability and property damage insurance carried by Tenant’s contractor. Landlord shall have the costs of any authorized change orders as defined below, exceeds right to require Tenant’s contractor to post a payment or performance bond in an amount equal to the sum estimated cost of the Tenant's Allowance and any amounts previously delivered work to be performed by Tenant to Landlord pursuant to Section 4.3 abovesuch 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 obligation responsibility for Tenant’s failure to pay for costs in excess of the final cost proposal unless Tenant has consented to such increased costs pursuant to Section 5.7comply with all applicable governmental regulations.
5.7 Any changes 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 construction trades being employed at the site.
3.4.4 All such work may shall be made only upon written request by Tenant approved scheduled through Landlord and shall be performed in writing a manner and 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 the Premises or in such other space as may be required designated by Landlord or its contractor from time to 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 governmental agencypurpose, including without limitation inspection or performance of work by Tenant’s contractor, prior to the Commencement Date, shall be subject to all 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 entry shall mean entry by Tenant, its officers, contractors, licensees, agents, servants, employees, guests, invitees, or as may be required due to structural or unanticipated field conditions. In each instance, said change must be evidenced by a written change order describing the change. visitors.
3.4.7 Tenant shall approve indemnify and hold harmless Landlord from and against any and all change orders materially affecting claims, losses, liabilities, and expenses (including without limitation attorneys’ fees) arising out of or in any way related to the Approved Plans activities of Tenant’s contractors (and any subcontractors) in the Premises or increasing the costs on the Property. Without limiting the generality of the foregoing, Tenant Improvements in excess shall promptly reimburse Landlord upon demand for any extra expense incurred by the Landlord as a result of faulty work done by Tenant or its contractors, any delays caused by such work, or inadequate clean-up.
3.5 Landlord shall not charge any oversight fees or supervisory fees during the final cost proposal approved by Tenant.tenant improvement construction period. Jive Software Page 27
Appears in 1 contract
Samples: Lease Agreement
