Construction of the Tenant Improvements. Landlord shall construct the Tenant Improvements in accordance with this exhibit and the construction contract to be executed by Landlord and its contractor(s). The construction contract for constructing the Tenant Improvements and the contractor(s) to perform the work shall be approved and/or selected, as the case may be, by Landlord at its sole and absolute discretion without the consent of Tenant.
Construction of the Tenant Improvements. 4.1 Tenant’s Selection of Contractor and Tenant’s Agents.
Construction of the Tenant Improvements. Promptly following the --------------------------------------- execution of the construction contract pursuant to Section 5, Tenant shall --------- direct Tenant's Contractor immediately to commence and proceed to complete, in accordance with industry custom and practice, construction of the Tenant Improvements in accordance with the Final Plans. All Tenant Improvement work shall be carried out in accordance with reasonable rules and regulations from time to time promulgated by Landlord and in such manner as to minimize, as much as reasonably possible, interference with the use of common areas of the Building and, prior to the Delivery Date, with Landlord work not yet completed. Such work shall be performed diligently in a first-class, workmanlike manner and in accordance with all Laws. Prior to commencing such work, Tenant shall furnish Landlord with evidence satisfactory to Landlord that Tenant and Tenant's Contractor are carrying workers' compensation insurance in statutorily required amounts, comprehensive general liability insurance and all other insurance required by the Lease. Landlord shall have the right at all times to enter the Premises to post notices of nonresponsibility. Tenant shall ensure lien-free completion of the Tenant Improvements, and Tenant shall comply with all provisions of the Lease regarding liens. The construction of the initial Tenants Improvements shall be subject to the provisions of Section 2.4 of the Lease ----------- regarding Tenant's right to occupy the Premises for these purposes. Landlord or Landlord's agents shall have the right at all reasonable times to inspect the work, it being understood that Landlord shall be reasonable in its inspection of the work and that Landlord shall recognize, to the extent commercially reasonable and practicable, the necessity of field changes based on field conditions. Such inspections shall not unduly interfere with the conduct of Tenant's work. If Landlord shall give notice of faulty construction or any other deviation from the Final Plans, Tenant shall cause Tenant's Contractor to 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 rights of Landlord to require good and workmanlike construction of the Tenant Improvements in accordance with the Final Plans.
Construction of the Tenant Improvements. Construction or installation of the Tenant Improvements shall be performed by a licensed general contractor or contractors selected by Tenant and approved by Landlord, such approval not to be unreasonably withheld or delayed (the “Tenant’s Contractor,” whether one or more), pursuant to a written construction contract negotiated and entered into by and between the Tenant’s Contractor and Tenant and approved by Landlord. Each such contract shall (i) obligate Tenant’s Contractor to comply with all reasonable rules and regulations of Landlord relating to construction activities in the Building, (ii) name Landlord as an additional indemnitee under the provisions of the contract whereby the Tenant’s Contractor holds Tenant harmless from and against any and all claims, damages, losses, liabilities and expenses arising out of or resulting from the performance of such work, (iii) name Landlord as a beneficiary of (and a party entitled to enforce) all of the warranties of the Tenant’s Contractor with respect to the work performed thereunder and the obligation of the Tenant’s Contractor to replace defective materials and correct defective workmanship for a period of not less than one (1) year following final completion of the work under such contract, (iv) evidence the agreement of the Tenant’s Contractor that the provisions of the Lease shall control over the provisions of the contract with respect to distribution or use of insurance proceeds, in the event of a casualty during construction, and (v) evidence the waiver and release by the Tenant’s Contractor of any lien or right to assert a lien on all or any portion of the fee estate of Landlord in and to the Building as a result of the work performed or to be performed thereunder (and obligating the Tenant’s Contractor to include a substantially similar release and waiver provision in all subcontracts and purchase orders entered under or pursuant to the contract). Notwithstanding anything to the contrary, union labor shall not be required to be used for construction of the Tenant Improvements; provided, however, Landlord shall be permitted to withhold its consent to a contractor proposed to be utilized by Tenant to the extent such contractor would create a labor dispute at the Building or Project that could impair or affect the Landlord’s ability to operate the Building or otherwise provide the services it is required to provide to its tenants. In the event there is any labor dispute as a result of Tenant’s contract...
Construction of the Tenant Improvements. 3.1 The Leased Premises consists of two existing, contiguous spaces which were previously leased to other tenants. Tenant is taking the Leased Premises in its “as is” condition, subject to modifications as shown on the Plans (as hereafter defined) to be prepared by Tenant (“Tenant Improvements”). The Landlord shall provide all necessary labor and materials and perform all the work required to complete the Tenant Improvements in order to ready the same for Tenant’s occupancy. Tenant’s designated representative for all work pertaining to the Tenant Improvements shall be Xxxx Xxxxxxxx or such other person as is designated in writing by Tenant (“Representative”). The Landlord shall supervise and direct the work on the Tenant Improvements using Landlord’s best skill and attention, and Landlord shall be solely responsible for all construction means, methods, techniques, sequences and procedures and for coordinating all portions of the work on the Tenant Improvements. Landlord warrants to the Tenant that all materials and equipment incorporated in the Tenant Improvements will be new unless otherwise specified, and that all work on the Tenant Improvements will be of good quality, free from known faults and defects, and in substantial conformity with the Plans.
Construction of the Tenant Improvements. (a) Tenant shall construct and install the Tenant Improvements in a good and workmanlike manner, in compliance with all Laws and in accordance with this Exhibit B. Tenant’s proposed architect/engineer, general contractor, and fire protection, plumbing, HVAC and electrical subcontractors are subject to Landlord’s prior approval. Promptly following the selection and approval of the architect/engineer, Tenant shall forward to said architect/engineer (and copy Landlord on the transmittal) Landlord’s building standards heretofore delivered to Tenant, and Tenant shall cause said architect/engineer to comply with said building standards. Promptly following the selection and approval of the general contractor, Tenant shall forward to said general contractor (and copy Landlord on the transmittal) Landlord’s fire protection, plumbing, HVAC and electrical specifications and Landlord’s rules of conduct, all of which have been delivered to Tenant prior to the date of this Lease, and Tenant shall cause said general contractor to comply with said specifications and rules of conduct. At Landlord’s request, Tenant shall coordinate a meeting among Landlord (who will reasonably make its representative available for such meeting), Tenant and Tenant’s general contractor to discuss the Building systems and other matters related to the construction of the Tenant Improvements.
Construction of the Tenant Improvements. 3.1 The Leased Premises consists of the entire Building currently leased to Tenant. Tenant is taking the Leased Premises in its “as is” condition subject to modifications as shown on the Plans (as hereafter defined) to be prepared by Tenant (“Tenant Improvements”). The Landlord shall provide all necessary labor and materials and perform all the work required to complete the Tenant Improvements. Tenant’s designated representative for all work pertaining to the Tenant Improvements shall be Xxxx Xxxxxxxx and or such other person as is designated in writing by Tenant (“Representative”). The Landlord shall supervise and direct the work on the Tenant Improvements using Landlord’s best skill and attention, and Landlord shall be solely responsible for all construction means, methods, techniques, sequences and procedures and for coordinating all portions of the work on the Tenant Improvements. Landlord warrants to the Tenant that all materials and equipment incorporated in the Tenant Improvements will be new unless otherwise specified, and that all work on the Tenant Improvements will be of good quality, free from known faults and defects, and in substantial conformity with the Plans.
Construction of the Tenant Improvements. (a) Tenant's Selection of Contractors. ---------------------------------
Construction of the Tenant Improvements. 3.1(a) The Landlord shall provide all necessary labor and materials and perform any and all the work required for construction of the Tenant’s laboratory and office facility including machinery, fixtures and equipment to be constructed and other improvements to be installed by Landlord in the Leased Premises in order to ready the same for Tenant’s occupancy (the “Tenant Improvements”), all as shown on the Plans (as defined hereafter) to be prepared by Tenant’s architect (“Architect”). Landlord shall have seven (7) business days after receipt of the Architect’s Plans (which shall be delivered to Landlord in accordance with the Notices provision of the Lease) to approve or deny approval of the Plans. In the event Landlord does not approve the Plans, Landlord shall advise Tenant with specificity of the reason or reasons for disapproval. Landlord shall have seven (7) business days to approve Plans when resubmitted. If Landlord does not accept the Plans following the second seven (7) business day period, then the parties agree to negotiate in good faith until both parties reach an agreement on the Plan. If the parties do not reach an agreement on the Plans within ten (10) business days following the second seven (7) business day period, the matter shall be submitted to decision by a third party architect consistent with the procedure set forth in Section 3.2(a) for deadlocks concerning the Construction Budget. If Landlord does not respond within any seven (7) business day period following submission of the Plans, or fails to specify the reason or reasons for disapproval, Tenant shall send Landlord a reminder notice, and if Landlord does not respond, or fails to specify the reason or reasons for disapproval within forty eight (48) hours from receipt of the reminder notice, the Plans are deemed to be approved. Tenant Improvements shall also be deemed to include anything that runs above the ceiling, below the floor, or within the walls, even if installed and paid for by Tenant. At the end of the Term, title to Tenant’s Improvements shall pass to Landlord without compensation. Tenant’s designated representative for all work pertaining to the Tenant Improvements shall be Xxxxx Xxxxxxxx of Xxxxx Xxxx LaSalle (“Tenant’s Representative”). Tenant shall have ability to change Tenant’s Representative with notice to Landlord. Landlord shall supervise and direct the work on the Tenant Improvements using Landlord’s best skill and attention, and Landlord shall be solely respo...
Construction of the Tenant Improvements. 4.1Contractor. A contractor designated by Landlord, and reasonably approved by Tenant ("Contractor") shall construct the Tenant Improvements. In addition, Landlord shall have the right to select and/or approve of any subcontractors used in connection with the Tenant Improvements, provided that Landlord shall cause the Contractor to bid the major trade items for the Tenant Improvements (as determined by Landlord in Landlord's good faith reasonable discretion) to a minimum of three (3) subcontractors per trade, and the subcontractor with the lowest bid that commits to Landlord's scheduling requirements (after adjustment for inconsistent qualifications, clarifications and exclusions) shall be selected. All bids obtained by the Contractor from subcontractors shall be on an open book basis with Tenant. Where it is not practical and/or reasonable to bid any element of the Tenant Improvements (as determined by Landlord in Landlord's reasonable discretion), then Landlord shall select a subcontractor in its good faith and reasonable discretion.
