Construction Procedures. 1. When submitting construction plans and specifications (preliminary, completed or final), Tenant or the Tenant’s appointed representative shall issue Tenant’s plans, specifications and supporting documents electronically via emails to Landlord’s construction coordinator. 2. Tenant can elect to contract with architects, engineers and other construction professionals of good repute, which are experienced, financially responsible and duly licensed in the jurisdiction in which the Demised Premises is located (“Construction Professionals”) of its choosing for the preparation of the construction plans and specifications. The architect (and other Construction Professionals, as appropriate) shall prepare detailed construction drawings for the work to be performed at the Demised Premises, incorporating the improvements to comply with all of Tenant’s obligations under this Master Lease or as determined by Landlord in consultation with Tenant with respect to work to be done on behalf of Landlord. Such drawings will be forwarded to Landlord for its review and comment to the extent Landlord’s approval of same is required under the Master Lease. 3. All contractors engaged by Tenant shall be bondable contractors, possessing good labor relations, capable of performing quality workmanship and working in harmony with any contractor hired by Landlord or Landlord’s tenants. Tenant shall permit union licensed contractors to bid on Tenant’s Work, but Tenant shall not be obligated to engage such contractors unless union labor is required in the area where the Demised Premises is located. Tenant shall retain sufficient documentation evidencing union contractor bidding and shall provide such documentation to Landlord upon fifteen (15) days’ prior written request. In the event Tenant does not permit union licensed contractors to bid on Tenant’s Work (“Union Bidding”) and Landlord is picketed or involved in a dispute with the unions due to Tenant’s failure to permit Union Bidding, then Tenant shall indemnify, defend and hold Landlord, its officers, directors, partners, employees and contractors harmless from and against any and all damages, claims, losses and expenses (including, without limitation, attorneys’ fees, expert witness fees and court costs) incurred by Landlord due to Tenant’s failure to permit Union Bidding. All work shall be coordinated with the general project work. Tenant shall use its commercially reasonable efforts to cause its contractors to maintain harmony and avoid any and all disputes with labor unions in which Tenant’s contractors or any person or entity performing work on behalf of Tenant may become involved. Tenant shall be responsible for any delay, disruption, obstruction or hindrance in the completion of Tenant’s Work and any damages and extra costs resulting from such disputes, except with respect to work for which Landlord is financially responsible under the Master Lease, but expressly excluding all of Tenant’s Acts. Tenant shall use its commercially reasonable efforts to cause its contractors to take all action including, but not limited to, filing charges with the N.L.R.B. and pursuing litigation to prevent or end any stoppage or slowdown of Tenant’s Work. 4. Construction shall comply in all respects with applicable Legal Requirements. 5. Upon Landlord’s request from time to time, Tenant shall assign to Landlord any or all contracts or agreements with contractors, vendors, suppliers and/or Construction Professionals as designated by Landlord in connection with all Tenant Work performed on behalf of Landlord. [DATE] [ADDRESS OF TENANT] Seritage Finance LLC (“Landlord”) hereby notifies Kmart Operations LLC and Sears Operations LLC (“Tenant”) of its intention to recapture space pursuant to Section 1.8 of the Master Lease by and among Seritage Finance LLC, Kmart Operations LLC and Sears Operations LLC, dated as of , 2015 (the “Master Lease”). All terms used herein but not otherwise defined have the meaning ascribed to them in the Master Lease.
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Samples: Master Lease (Sears Holdings Corp), Master Lease (Seritage Growth Properties)
Construction Procedures. 1. When submitting construction plans and specifications (preliminary, completed or final), Tenant or the Tenant’s appointed representative shall issue Tenant’s plans, specifications and supporting documents electronically via emails to Landlord’s construction coordinator.
2. Tenant can elect to contract with architects, engineers and other construction professionals of good repute, which are experienced, financially responsible and duly licensed in the jurisdiction in which the Demised Premises is located (“Construction Professionals”) of its choosing for the preparation of the construction plans and specifications. The architect (and other Construction Professionals, as appropriate) shall prepare detailed construction drawings for the work to be performed at the Demised Premises, incorporating the improvements to comply with all of Tenant’s obligations under this Master Lease or as determined by Landlord in consultation with Tenant with respect to work to be done on behalf of Landlord. Such drawings will be forwarded to Landlord for its review and comment to the extent Landlord’s approval of same is required under the Master Lease.
3. All contractors engaged by Tenant shall be bondable contractors, possessing good labor relations, capable of performing quality workmanship and working in harmony with any contractor hired by Landlord or Landlord’s tenants. Tenant shall permit union licensed contractors to bid on Tenant’s Work, but Tenant shall not be obligated to engage such contractors unless union labor is required in the area where the Demised Premises is located. Tenant shall retain sufficient documentation evidencing union contractor bidding and shall provide such documentation to Landlord upon fifteen (15) days’ prior written request. In the event Tenant does not permit union licensed contractors to bid on Tenant’s Work (“Union Bidding”) and Landlord is picketed or involved in a dispute with the unions due to Tenant’s failure to permit Union Bidding, then Tenant shall indemnify, defend and hold Landlord, its officers, directors, partners, employees and contractors harmless from and against any and all damages, claims, losses and expenses (including, without limitation, attorneys’ fees, expert witness fees and court costs) incurred by Landlord due to Tenant’s failure to permit Union Bidding. All work shall be coordinated with the general project work. Tenant shall use its commercially reasonable efforts to cause its contractors to maintain harmony and avoid any and all disputes with labor unions in which Tenant’s contractors or any person or entity performing work on behalf of Tenant may become involved. Tenant shall be responsible for any delay, disruption, obstruction or hindrance in the completion of Tenant’s Work and any damages and extra costs resulting from such disputes, except with respect to work for which Landlord is financially responsible under the Master Lease, but expressly excluding all of Tenant’s Acts. Tenant shall use its commercially reasonable efforts to cause its contractors to take all action including, but not limited to, filing charges with the N.L.R.B. and pursuing litigation to prevent or end any stoppage or slowdown of Tenant’s Work.
4. Construction shall comply in all respects with applicable Legal Requirements.
5. Upon Landlord’s request from time to time, Tenant shall assign to Landlord any or all contracts or agreements with contractors, vendors, suppliers and/or Construction Professionals as designated by Landlord in connection with all Tenant Work performed on behalf of Landlord. [DATE] [ADDRESS OF TENANT] Seritage Finance LLC (“Landlord”) hereby notifies Kmart Operations Operations, LLC and Sears Operations Operations, LLC (“Tenant”) of its intention to recapture space pursuant to Section 1.8 of the Master Lease by and among Seritage Finance LLC, Kmart Operations Operations, LLC and Sears Operations Operations, LLC, dated as of , 2015 (the “Master Lease”). All terms used herein but not otherwise defined have the meaning ascribed to them in the Master Lease.
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Construction Procedures. 1. When submitting construction plans and specifications (preliminary, completed or final), Tenant or the Tenant’s appointed representative shall issue Tenant’s plans, specifications and supporting documents electronically via emails to Landlord’s construction coordinator.
2. Tenant can elect to contract with architects, engineers and other construction professionals of good repute, which are experienced, financially responsible and duly licensed in the jurisdiction in which the Demised Premises is located (“Construction Professionals”) of its choosing for the preparation of the construction plans and specifications. The To the extent required by the Lease, the architect (and other Construction Professionals, as appropriate) shall prepare detailed construction drawings for the work to be performed at the Demised Premises, incorporating the improvements to comply with all of Tenant’s obligations under this Master Lease or as determined by Landlord in consultation with Tenant with respect to work to be done on behalf of Landlord. Such drawings will be forwarded to Landlord for its review and comment to the extent Landlord’s approval of same is required under the Master Lease.
3. All contractors engaged by Tenant shall be bondable contractors, possessing good labor relations, capable of performing quality workmanship and working in harmony with any contractor hired by Landlord or Landlord’s tenants. Tenant shall permit union licensed contractors to bid on Tenant’s Work, but Tenant shall not be obligated to engage such contractors unless union labor is required in the area where the Demised Premises is located. Tenant shall retain sufficient documentation evidencing union contractor bidding and shall provide such documentation to Landlord upon fifteen (15) days’ prior written request. In the event If Tenant does not permit union licensed contractors to bid on Tenant’s Work (“Union Bidding”) and Landlord is picketed or involved in a dispute with the unions due to Tenant’s failure to permit Union Bidding, then Tenant shall indemnify, defend and hold Landlord, its officers, directors, partners, employees and contractors harmless from and against any and all damages, claims, losses and expenses (including, without limitation, attorneys’ fees, expert witness fees and court costs) incurred by Landlord due to Tenant’s failure to permit Union Bidding. All work shall be coordinated with the general project work. Tenant shall use its commercially reasonable efforts to cause its contractors to maintain harmony and avoid any and all disputes with labor unions in which Tenant’s contractors or any person or entity performing work on behalf of Tenant may become involved. Tenant shall be responsible for any delay, disruption, obstruction or hindrance in the completion of Tenant’s Work and any damages and extra costs resulting from such disputes, except with respect to work for which Landlord is financially responsible under the Master Lease, but expressly excluding all of Tenant’s Acts. Tenant shall use its commercially reasonable efforts to cause its contractors to take all action including, but not limited to, filing charges with the N.L.R.B. and pursuing litigation to prevent or end any stoppage or slowdown of Tenant’s Work.
4. Construction shall comply in all respects with applicable Legal Requirements.
5Law. Upon Landlord’s request from time to time, Tenant shall assign to Landlord any or all contracts or agreements with contractors, vendors, suppliers and/or Construction Professionals as designated by Landlord in connection with all Tenant Work performed on behalf of Landlord. [DATE] [ADDRESS OF TENANT] Seritage Finance LLC This ESTOPPEL AGREEMENT (“LandlordAgreement”) hereby notifies Kmart Operations LLC and Sears Operations LLC is made as of the date set forth below, by , a ([“Tenant”) ] or [“Owner”]), based upon the following facts and understandings of its intention to recapture space pursuant to Section 1.8 of the Master Lease by and among Seritage Finance LLC, Kmart Operations LLC and Sears Operations LLC, dated as of , 2015 (the “Master Lease”). All terms used herein but not otherwise defined have the meaning ascribed to them in the Master Lease.[Tenant / Owner]:
Appears in 1 contract
Samples: Absolute Lease Agreement (First Midwest Bancorp Inc)
Construction Procedures. 1. When submitting construction plans and specifications (preliminary, completed or final), Tenant or the Tenant’s appointed representative shall issue Tenant’s plans, specifications and supporting documents electronically via emails to Landlord’s construction coordinator.
2. Tenant can elect to contract with architects, engineers and other construction professionals of good repute, which are experienced, financially responsible and duly licensed in the jurisdiction in which the Demised Premises is located (“Construction Professionals”) of its choosing for the preparation of the construction plans and specifications. The architect (and other Construction Professionals, as appropriate) shall prepare detailed construction drawings for the work to be performed at the Demised Premises, incorporating the improvements to comply with all of Tenant’s obligations under this Master Lease or as determined by Landlord in consultation with Tenant with respect to work to be done on behalf of Landlord. Such drawings will be forwarded to Landlord for its review and comment to the extent Landlord’s approval of same is required under the Master Lease.
3. All contractors engaged by Tenant shall be bondable contractors, possessing good labor relations, capable of performing quality workmanship and working in harmony with any contractor hired by Landlord or Landlord’s tenants. Tenant shall permit union licensed contractors to bid on Tenant’s Work, but Tenant shall not be obligated to engage such contractors unless union labor is required in the area where the Demised Premises is located. Tenant shall retain sufficient documentation evidencing union contractor bidding and shall provide such documentation to Landlord upon fifteen (15) days’ prior written request. In the event Tenant does not permit union licensed contractors to bid on Tenant’s Work (“Union Bidding”) and Landlord is picketed or involved in a dispute with the unions due to Tenant’s failure to permit Union Bidding, then Tenant shall indemnify, defend and hold Landlord, its officers, directors, partners, employees and contractors harmless from and against any and all damages, claims, losses and expenses (including, without limitation, attorneys’ fees, expert witness fees and court costs) incurred by Landlord due to Tenant’s failure to permit Union Bidding. All work shall be coordinated with the general project work. Tenant shall use its commercially reasonable efforts to cause its contractors to maintain harmony and avoid any and all disputes with labor unions in which Tenant’s contractors or any person or entity performing work on behalf of Tenant may become involved. Tenant shall be responsible for any delay, disruption, obstruction or hindrance in the completion of Tenant’s Work and any damages and extra costs resulting from such disputes, except with respect to work for which Landlord is financially responsible under the Master Lease, but expressly excluding all of Tenant’s Acts. Tenant shall use its commercially reasonable efforts to cause its contractors to take all action including, but not limited to, filing charges with the N.L.R.B. and pursuing litigation to prevent or end any stoppage or slowdown of Tenant’s Work.
4. Construction shall comply in all respects with applicable Legal Requirements.
5. Upon Landlord’s request from time to time, Tenant shall assign to Landlord any or all contracts or agreements with contractors, vendors, suppliers and/or Construction Professionals as designated by Landlord in connection with all Tenant Work performed on behalf of Landlord. [DATE] [ADDRESS OF TENANT] Seritage Finance LLC (“Landlord”) hereby notifies Kmart Operations LLC and Sears Operations LLC [__] (“Tenant”) of its intention to recapture space pursuant to Section 1.8 of the Master Lease by and among Seritage Finance LLC, Kmart Operations LLC and Sears Operations LLC[__], dated as of _______________, 2015 2019 (the “Master Lease”). All terms used herein but not otherwise defined have the meaning ascribed to them in the Master Lease. This Additional Recapture Space Termination Notice pertains to Store Number ____ at [STORE ADDRESS]. The Proposed Additional Recapture Space Date is: ___________________________. Tenant has sixty (60) days after receipt of this Recapture Notice to give notice of a Tenant Additional Recapture Space Termination Date, if desired, which shall not be less than ninety (90) days after receipt of this Recapture Notice. Following the Actual Additional Recapture Space Termination Date, the following terms will apply with respect to the modified Demised Premises. ● Annual Base Rent: ___________________________ ● Tenant’s Proportionate Share of all Property Charges: ___________________________ ● Monthly Installment Expenses payable by Tenant: ___________________________ A site plan showing the applicable Tenant Retained Space and the Additional Recapture Space with respect to the modified Demised Premises, along with a description of the Tenant Retained Space, is attached as Exhibit A. A modified Schedule 2 to the side letter to the Master Lease reflecting the applicable adjustments for the modified Demised Premises is attached as Exhibit B. A copy of a title report with respect to this Property pursuant to Section 1.8(b) of the Master Lease is attached as Exhibit C. SHOULD TENANT DISAGREE WITH ANY OF THE FOREGOING ITEMS, PURSUANT TO THE MASTER LEASE TENANT SHALL SEND LANDLORD A NOTICE WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS RECAPTURE NOTICE SETTING FORTH THE NATURE OF TENANT’S DISAGREEMENT IN REASONABLE DETAIL. By: Name: Title: By: Name: Title: General Ledger Account Footnote Calculation 12 Months Ended January 2015 Property 01478 All Reporting Divisions A04107 Auto Center Revenues External 2,073,605 A04108 Delivery Revenues External 232,543 A04109 PA Revenues External 594,439 A04110 Service Income Revenues External (982) A04113 SPP Revenue External 20,357 A04114 Miscellaneous Income Revenues External (474,368) A04118 Tenant Income External 108,270 A04123 Support Services Revenues External (4,103) A04115 Credit Revenues External 282,740 A04116 Licensed Business Revenues External 268,380 A05113 Occupancy Taxes (1) 301,942 A05114 Utility Expense 329,526 A05115 Building Expenses (2) 387,152 A06160 Payroll & Incentive 5,074,817 A06161 Benefits & Taxes 981,079 A06162 Associate Expenses 27,376 A06163 Equipment Costs 31,490 A06164 Data Processing 837 A06165 Taxes 41,834 A06166 Occupancy Related 2,072 A06167 Communication Expense 84,171 A06168 Advertising Expense (3) 1,351,248 A06169 Supplies & Postage 238,437 A06170 Insurance Charges (3) 229,059 A06171 Bank Card Expense 338,585 A06172 Check Expense 6,624 A06173 Cash Over/Short 19,509 A06174 Operating Services 124,856 A06176 Reclasses (4) (956,475) A06177 Miscellaneous SG&A 67,767 A06178 Outside Services 66,652 A06179 Display Expenses 113,240 A06237 Support Services Chargeouts (542)
(1) Reimbursement of property taxes paid by Seritage.
(2) Reimbursement of certain expenses paid by Seritage after the Multi‑Tenant Occupancy Date.
(3) Includes the allocation of certain corporate expenses.
(4) Primarily related to Sears Auto Centers. COGS moved to SG&A.
(5) Overhead structure not generally allocated to property operating statements. Primarily includes: Corporate office (finance, accounting, HR, inventory, merchandising, IT, business leadership, etc) and regional management.
1. TRANSFORM MIDCO LLC
2. TRANSFORM SR HOLDINGS LLC
3. TRANSFORM A&E FACTORY SERVICE LLC
4. TRANSFORM A&E LAWN AND GARDEN LLC 5. TRANSFORM CALIFORNIA BUILDER APPLIANCES LLC 6. TRANSFORM FLORIDA BUILDER APPLIANCES LLC
Appears in 1 contract
Construction Procedures. 1. When submitting During the performance of the construction work, Landlord shall comply with the following procedures (the "Construction Procedures"):
a) On or before the date all Approvals are received, furnish Tenant's Real Estate Department with no less than two (2) complete sets of geotechnical reports regarding the Land, civil engineering site plans and specifications (preliminary, completed or final), Tenant or the Tenant’s appointed representative shall issue Tenant’s plans, specifications and supporting documents electronically via emails to Landlord’s architectural construction coordinatordrawings.
b) On or before the date all Approvals are received, furnish Tenant's Real Estate Department with no less than two (2. Tenant can elect to contract with architects, engineers and other construction professionals ) copies of good repute, which are experienced, financially responsible and duly the design standards for the parking area improvements designed by a civil engineer licensed in the jurisdiction State which shall be based upon the geotechnical report regarding the soil conditions of the Land.
c) On or before the Completion Date, furnish Tenant upon completion of the parking area improvements with a document executed and sealed by the civil engineer who designed such improvements certifying that same have been constructed in which compliance with the Demised Premises is located (“Construction Professionals”design standards referred to in Section 2(b) of its choosing for these Construction Provisions,
d) Furnish Tenant's Real Estate Department at the preparation time the "Notice of Completion" (as hereinafter defined) is given with (i) certification from the manufacturer and installer of the construction plans roofing system installed on the Building certifying that such installer has been approved by such manufacturer for installation of such roofing system and specifications. The architect that the installation of such roofing system was performed in conformity with such manufacturer's "No Dollar Limit" written warranty or other commercially comparable warranty and (ii) certification and other Construction Professionalswarranty from the manufacturer and installer of the roofing system installed on the Building certifying and warranting the weather-proof performance of the specified roofing materials, as appropriate) insulation and flashings, which warranty shall prepare detailed construction drawings extend for the work to be performed at the Demised Premises, incorporating the improvements to comply with all a period of Tenant’s obligations under this Master Lease or as determined by Landlord in consultation with Tenant with respect to work to be done on behalf of Landlord. Such drawings will be forwarded to Landlord for its review and comment to the extent Landlord’s approval of same is required under the Master Lease.
3. All contractors engaged by Tenant shall be bondable contractors, possessing good labor relations, capable of performing quality workmanship and working in harmony with any contractor hired by Landlord or Landlord’s tenants. Tenant shall permit union licensed contractors to bid on Tenant’s Work, but Tenant shall not be obligated to engage such contractors unless union labor is required in the area where the Demised Premises is located. Tenant shall retain sufficient documentation evidencing union contractor bidding and shall provide such documentation to Landlord upon fifteen (15) days’ prior written request. In years from the event Tenant does not permit union licensed contractors date of the Notice of Completion.
e) On or before the Completion Date, require the mechanical subcontractor who installs the HVAC in the Building to bid on Tenant’s Work (“Union Bidding”) obtain a report from an independent test and Landlord balance company that is picketed either a member of the Associated Air Balance Council or involved the National Environmental Balancing Bureau certifying that the HVAC is in a dispute conformity with the unions due manufacturer's performance standards, which report shall be furnished to Tenant’s failure 's Real Estate Department with the Notice of Completion.
f) Permit Tenant or its designated representative to permit Union Biddingreview and inspect, then Tenant shall indemnifyat any reasonable time within one (1) year following the Completion Date, defend and hold Landlord, its officers, directors, partners, employees and contractors harmless from and against any and all damagesof Landlord's records as to the costs relating to the construction work, claims, losses and expenses (including, without limitation, attorneys’ fees, expert witness fees and court costs) incurred by Landlord due to Tenant’s failure to permit Union Bidding. All work shall be coordinated with the general project work. Tenant shall use its commercially reasonable efforts to cause its contractors to maintain harmony and avoid any and all disputes with labor unions in which Tenant’s contractors or any person or entity performing work on behalf of Tenant may become involved. Tenant shall be responsible for any delay, disruption, obstruction or hindrance in the completion of Tenant’s Work and any damages and extra costs resulting from such disputes, except with respect to work for which Landlord is financially responsible under the Master Lease, but expressly excluding all of Tenant’s Acts. Tenant shall use its commercially reasonable efforts to cause its contractors to take all action including, including but not limited toto construction contracts, filing charges purchase agreements, subcontractor invoices and invoices for architects and engineers associated with the N.L.R.B. and pursuing litigation to prevent or end any stoppage or slowdown of Tenant’s Workconstruction work.
4. Construction shall comply in all respects with applicable Legal Requirements.
5. Upon Landlord’s request from time to time, Tenant shall assign to Landlord any or all contracts or agreements with contractors, vendors, suppliers and/or Construction Professionals as designated by Landlord in connection with all Tenant Work performed on behalf of Landlord. [DATE] [ADDRESS OF TENANT] Seritage Finance LLC (“Landlord”) hereby notifies Kmart Operations LLC and Sears Operations LLC (“Tenant”) of its intention to recapture space pursuant to Section 1.8 of the Master Lease by and among Seritage Finance LLC, Kmart Operations LLC and Sears Operations LLC, dated as of , 2015 (the “Master Lease”). All terms used herein but not otherwise defined have the meaning ascribed to them in the Master Lease.
Appears in 1 contract
Samples: Lease Agreement (Across America Real Estate Development Corp)
Construction Procedures. 1. When submitting construction plans and specifications (preliminary, completed or final), Tenant Lessee or the TenantLessee’s appointed representative shall issue TenantLessee’s plans, specifications and supporting documents electronically via emails to LandlordLessor’s designated construction coordinatorcoordinator or other representative.
2. Tenant Lessee can elect to contract with architects, engineers and other construction professionals of good repute, which are experienced, financially responsible and duly licensed in the jurisdiction in which the Demised Leased Premises is located (“Construction Professionals”) of its choosing for the preparation of the construction plans and specifications. The architect (and other Construction Professionals, as appropriate) shall prepare detailed construction drawings for the work to be performed at the Demised Leased Premises, incorporating the improvements to comply with all of TenantLessee’s obligations under this Master Land Lease or as determined by Landlord Lessor in consultation with Tenant Lessee with respect to work (if any) to be done on behalf of LandlordLessor. Such drawings will be forwarded to Landlord Lessor for its review and comment to the extent LandlordLessor’s approval of same is required under the Master Land Lease.
3. All contractors engaged by Tenant Lessee shall be bondable contractors, possessing good labor relations, capable of performing quality workmanship and working in harmony with any contractor hired by Landlord Lessor or LandlordLessor’s tenantsOther Occupants. Tenant Lessee shall permit union licensed contractors to bid on TenantLessee’s Work, but Tenant Lessee shall not be obligated to engage such contractors unless union labor is required in the area where the Demised Leased Premises is located, or is specifically required by any contractual agreements by which Lessee, Lessor, the Leased Premises and/or Lessor’s Remaining Property is or may be bound or by any Applicable Laws and other Requirements. Tenant Lessee shall retain sufficient documentation evidencing union contractor bidding and shall provide such documentation to Landlord Lessor upon fifteen (15) days’ prior written request. In the event Tenant Lessee does not permit union licensed contractors to bid on TenantLessee’s Work (“Union Bidding”) and Landlord Lessor is picketed or involved in a dispute with the unions due to TenantLessee’s failure to permit Union Bidding, then Tenant Lessee shall indemnify, defend and hold Landlord, its officers, directors, partners, employees and contractors harmless from and against any Lessor and all damages, claims, losses and expenses (including, without limitation, attorneys’ fees, expert witness fees and court costs) incurred by Landlord Lessor Indemnified Parties from all Losses due to Tenantor arising out of Lessee’s failure to permit Union Bidding. All work shall be coordinated with the general project work. Tenant Lessee shall use its commercially reasonable efforts to cause its contractors to maintain harmony and avoid any and all disputes with labor unions in which TenantLessee’s contractors or any person or entity performing work on behalf of Tenant Lessee may become involved. Tenant Lessee shall be responsible for any delay, disruption, obstruction or hindrance in the completion of TenantLessee’s Work and any damages and extra costs resulting from such disputes, except with respect to work for which Landlord Lessor is financially responsible under the Master Land Lease, but expressly excluding all of TenantLessee’s Acts. Tenant Lessee shall use its commercially reasonable efforts to cause its contractors to take all action including, but not limited to, filing charges with the N.L.R.B. and pursuing litigation to prevent or end any stoppage or slowdown of TenantLessee’s Work.
4. Construction All Lessor’s Work and Lessee’s Work shall comply in all respects with applicable Legal all Applicable Laws and Other Requirements.
5. Upon LandlordLessor’s request from time to timetime upon the occurrence of any Event of Default or any Termination of the Land Lease for any cause, Tenant Lessee shall assign to Landlord Lessor any or all contracts or agreements with contractors, vendors, suppliers and/or Construction Professionals as designated by Landlord Lessor in connection with any Lessee Work.
6. All contractors and contracts with respect to all Tenant Work performed on behalf of Landlord. [DATE] [ADDRESS OF TENANT] Seritage Finance LLC Site Remediation, Removal and Restoration (hereinafter, “Project”): shall comply with the following:
(a) Each contract (“LandlordContract”) hereby notifies Kmart Operations LLC and Sears Operations LLC with a general or major contractor or trade (“TenantContractor”) of its intention to recapture space pursuant to Section 1.8 for any component or phase of the Master Project (“Project Component”) shall (i) provide for either a guaranteed maximum price or a stipulated sum, which amount shall be broken down by trade; (ii) include a requirement that such Project Component shall be completed in accordance with a schedule (“Project Component Schedule”) which shall provide for completion of the entire Project prior to the Termination Date, and (iii) otherwise be in a form mutually and reasonably acceptable to Lessor and Lessee, which form shall be agreed upon by both Lessor and Lessee Lessor in advance of the relevant procurement, and in any event shall contain the terms set forth in this Exhibit 8.2(d).
(b) The Project Component shall establish the substantial completion date of the particular Project Component, and shall set forth the projected dates for the completion of the construction milestones and other milestones in connection with certain significant aspects of the construction of the Project. The Project Component Schedules shall be subject to review and written approval of each Party.
(c) In addition to any other requirements of this this Exhibit 8.2(d) or this Land Lease, all contracts entered into by Lessee or Lessor and their contractors and materialmen under this Land Lease shall include the following terms and conditions, and shall provide that such terms will survive the expiration or earlier termination of such contracts:
(i) Notwithstanding that the contractor or materialman may have performed work or furnished materials for the property interest of the other Party (or any part thereof), such other Party shall not be liable in any manner for payment or otherwise to the contractor or materialman in connection with such work performed or materials furnished, and such contractor or materialman expressly waives and relinquishes any right to look to such other Party for any such payment or to hold such other Party liable in any respect thereto.
(ii) The contractor or materialman shall make its books and records relating to any work performed or acquisition or furnishing of any Improvements or Equipment or any other improvements or equipment available for inspection by the other Party during reasonable business hours.
(iii) The other Party is not a party to the contractor’s or materialman’s contract with Lessee or Lessor, as the case may be, and among Seritage Finance LLCthat such other Party will not in any way be responsible to any Person for any claims of any nature whatsoever arising or which may arise from such contract.
(iv) At the sole discretion of the other Party, Kmart Operations LLC the contractor’s or materialman’s contract with Lessee or Lessor, as the case may be, with respect to the Leased Premises shall be assignable to such other Party upon such Party’s assignment of such contract to, and Sears Operations LLCthe assumption of the obligations of such Party under the contract by, dated the other Party, provided, however, that no such assignment and assumption shall be deemed a release of any Loss or Liability for which the assignor Party is required to indemnify the assignee Party under this Land Lease, including all amounts which may be payable by the assignee Party to the contractor or materialman by reason of (A) any breach or default by the assignor Party under such contract or (B) any amounts payable under the contract which would otherwise be obligations of the assignor Party under this Land Lease, including without limitation all Site Removal, Remediation and Restoration Work.
(v) The contractor or materialman shall defend, indemnify and hold Lessor and Lessee and each of their subsidiaries, Affiliates, heirs or assigns, successors, agents, officers, directors, shareholders, partners, members and employees, and such other Persons as may be reasonably required by Lessor or Lessee, harmless from and against any and all claims, lawsuits, damages, expenses, liens, penalties, costs and liabilities (including reasonable attorneys’ fees) caused by or arising out of the acts or omissions of, 2015 or breach of the contract by, the on tractor or materialman.
(vi) Lessor and Lessee and each of their subsidiaries, Affiliates, heirs or assigns, successors, agents, officers, directors, shareholders, partners, members and employees, and such other Persons as may be reasonably required by Lessor or Lessee, shall be named as additional insureds under all policies of insurance required to be maintained by the contractor or materialman under the contract.
(vii) Lessor and Lessee and each of their heirs or assigns and successors, and such other Persons as may be reasonably required by Lessor or Lessee, shall be named as obligees under any payment and performance bonds or other guaranties required to secure performance of the contractor or materialman under the contract.
(viii) Lessor and Lessee and each of their heirs or assigns and successors, and such other parties as may be reasonably required by Lessor or Lessee shall be beneficiaries of any warranties required by the Contract.
(ix) Lessor and Lessee and each of their heirs or assigns and successors, and such other Persons as may be reasonably required by Lessor or Lessee, shall be intended third-party beneficiaries of the Contract.
(d) Any supplement or revision to any contract that conflicts with the specific requirements of this Exhibit 8.2(d) that governs such contract shall be subject to the written mutual approval of the Parties. Provided by: Alcoa Frequency Provided: Continuously 24/7 Cost: $350,000/yr all in; 3 year average 2013-2016 2017 Alcoa (74%) $266,000 Arconic (26%) $84,000 Metered via Town meter. Subtract Extrusion Plant meter and Area 1 meter for % Alcoa usage. Add Extrusion Plant meter and Area 1 meter for % Arconic usage. 2017 Estimate based on headcount (460, 140) 76%, 24% 2018 Use metered flows from prior year. 2019 Use metered flows from prior year. New Alcoa is to own, receive and pay the xxxx for potable water from Village of Massena. All costs eligible for cost sharing (see below) are combined and then split using the annual percentages calculated above. Calculated Annually Billing Monthly New Alcoa will furnish all materials, labor, supervision, employee training, licenses, notifications, tools, unloading, loading, hauling, taxes, insurance, and all other things necessary (unless otherwise noted) to operate and maintain the West Plant Potable Water System as described herein. The West Plant receives potable water potable from the Village of Massena through a new distribution system that was installed in the 1990’s. This water system supplies the plant needs (sinks, showers, toilets). The average volume is approximately 40,000 GPD. The potable system is comprised of the following: • Pump station(s) and Town meter. • Piping supported by the rail bridge over the canal. • Pump station off Xxxxxx Blvd. • Meters at Xxxxxx Pump Station and Extrusion B226 • Elevated water tank near the Casthouse. • Respective Arconic and New Alcoa owned piping to points of use. New Alcoa is determined to be the “Master Lease”Most Dependent User” (MDU) and as such is responsible for the most critical aspects of operation of the potable water distribution system, namely distribution of water bills by the Village of Massena, operation and maintenance (O&M) of the meters, pump station, potable water tower, and any other critical feature. Alcoa is responsible for O&M of their distribution piping upstream of and including the meters in Extrusion Plant and Area 3(?). All terms used herein but not otherwise defined have Arconic is responsible for O&M of their distribution piping downstream of the meaning ascribed meters in Extrusion Plant and Area 1. See sketch PS-203426-JM. Maintenance, Troubleshooting, Cleaning & Repairs – New Alcoa will be responsible for maintenance, troubleshooting, cleaning and repairs from the Village of Massena water meter, through to them in and including the Master LeaseArconic meters at the Extrusion Plant and Area 1.
Appears in 1 contract
Construction Procedures. 1Landlord shall construct, at Landlord’s cost and expense, the improvements for the Premises set forth in this Exhibit B (the “Landlord’s Work”) in accordance with the following provisions. When submitting construction plans Attached hereto as Exhibit B-1 are the initial plans, which have been agreed by Landlord and Tenant (the “Initial Plans”). Within ten (10) days after execution and delivery of this Lease, Landlord shall cause its architect to prepare complete architectural and engineering drawings and specifications (preliminary, completed or finalthe “Drawings”), based upon the Initial Plans and to deliver the Drawings to Tenant or the Tenant’s appointed representative shall issue Tenant’s plans, specifications and supporting documents electronically via emails to Landlord’s construction coordinator.
2. Tenant can elect to contract with architects, engineers and other construction professionals of good repute, which are experienced, financially responsible and duly licensed in the jurisdiction in which the Demised Premises is located (“Construction Professionals”) of its choosing for the preparation of the construction plans and specifications. The architect (and other Construction Professionals, as appropriate) shall prepare detailed construction drawings for the work to be performed at the Demised Premises, incorporating the improvements to comply with all of Tenant’s obligations under this Master Lease or as determined by Landlord in consultation with Tenant with respect to work to be done on behalf of Landlord. Such drawings will be forwarded to Landlord for its review and comment approval. Within three (3) business days after receipt of the Drawings, Tenant shall approve or disapprove (setting forth the reasons for such disapproval) such Drawings, based upon general compliance with the Initial Plans. In the event of disapproval, Landlord shall cause its architect to incorporate Tenant’s requested changes and resubmit to Tenant for its approval. This process shall continue until both parties have agreed to the extent LandlordDrawings. As finally approved, the Drawings shall be called the “Final Plans.” Tenant’s approval of same is the Final Plans shall not constitute or imply a representation or warranty of any kind, including whether such Final Plans comply with laws, rules, regulations, ordinances, or permits. Landlord, at its sole cost and expense, will cause the Final Plans to be filed with the appropriate governmental agencies in such form (buildings notice, alteration or other form) as may be required. If Tenant will desire any additional work after the Final Plans have been approved (such request to be called a “Change Order”), Tenant will cause similar plans and specifications for such work to be drawn at Tenant’s sole expense, either by arranging therefor with Landlord’s architect and/ or engineer, or by consultants of its own selection. All such plans and specifications for Change Orders will be submitted to Landlord for Landlord’s review and approval. Landlord reserves the right to give directives to Tenant’s architect or engineer, at Tenant’s expense, for the purpose of insuring that such Change Orders conform to the Building requirements. Landlord covenants it will not unreasonably withhold or delay such review. Change Orders shall be performed by Landlord; any costs associated with Change Orders shall be borne by Tenant. Prior to commencing any such Change Order work, Landlord will submit to Tenant written estimates of the cost of any such Change Order work above the costs indicated for the Final Plans. If Tenant will fail to approve or disapprove any such estimate within one (1) week from the date of submission thereof by Landlord, then Landlord shall not be required to perform the Change Order request. Landlord will permit Tenant and it agents reasonable access to the Premises during normal working hours prior to the date specified for the commencement of Tenant’s occupancy under this Lease, in order that Tenant may perform through its own contractors such cabling and installation of furniture (“Tenant’s Work”) as Tenant may desire at the Master Lease.
3time that Landlord’s contractors are working in the Premises. All contractors engaged by Tenant shall as permitted by Landlord will be bondable bondable, licensed contractors, possessing good labor relations, capable of performing quality workmanship and working in harmony with Landlord’s general contractor and other contractors on the job. Such license is further conditioned upon Workers’ Compensation and public liability insurance and property damage insurance, all in amounts and with companies and on forms reasonably satisfactory to Landlord, being provided and at all times maintained by Tenant’s contractors engaged in the performance of the Tenant’s Work, and certificates of such insurance being furnished to Landlord, prior to proceeding with the Tenant’s Work. If at any contractor hired time such entry will cause disharmony or interference with Landlord’s mechanics or contractors, this license may be withdrawn by Landlord upon forty-eight (48) hours written notice to Tenant. Such entry will be deemed to be subject to all of the terms, covenants, provisions and conditions of this Lease except as to the covenant to pay rent. Landlord will not be liable in any way for any injury, loss or damage which may occur to Tenant, its employees, contractors, agents, workmen and mechanics, or any one or more of them, or to any of Tenant’s decorations or installations so made prior to commencement of the term of the Lease, the same being solely at Tenant’s risk and Tenant hereby agrees to indemnify and hold Landlord harmless form any and all claims therefor or arising therefrom, except and to the extent caused by the negligence or willful misconduct of Landlord or Landlord’s tenantsemployees, contractors, agents, or representatives. Landlord shall perform the Landlord’s Work in a good and workmanlike manner in accordance with all laws, including the ADA. Landlord will cause the repair or replacement of any defects in material or workmanship, if any, in the improvements installed by Landlord, if Landlord receives written notification of such defect from Tenant shall permit union licensed contractors to bid on within the period of one (1) year after Substantial Completion. Tenant’s Work, but Tenant shall sole and exclusive remedy against Landlord will be for the repair. Landlord will not be obligated to engage such contractors unless union labor is required in the area where the Demised Premises is located. Tenant shall retain sufficient documentation evidencing union contractor bidding and shall provide such documentation to Landlord upon fifteen (15) days’ prior written request. In the event Tenant does not permit union licensed contractors to bid on Tenant’s Work (“Union Bidding”) and Landlord is picketed or involved in a dispute with the unions due to Tenant’s failure to permit Union Bidding, then Tenant shall indemnify, defend and hold Landlord, its officers, directors, partners, employees and contractors harmless from and against any and all damages, claims, losses and expenses (including, without limitation, attorneys’ fees, expert witness fees and court costs) incurred by Landlord due to Tenant’s failure to permit Union Bidding. All work shall be coordinated with the general project work. Tenant shall use its commercially reasonable efforts to cause its contractors to maintain harmony and avoid any and all disputes with labor unions in which Tenant’s contractors or any person or entity performing work on behalf of Tenant may become involved. Tenant shall be responsible for any delay, disruption, obstruction or hindrance defect of any nature in the completion improvements installed by Landlord of Tenant’s Work and any damages and extra costs resulting from such disputes, except with respect to work for which Landlord is financially responsible under the Master Leasenot so notified within such one (1) year period. LANDLORD MAKES NO WARRANTIES, but expressly excluding all of Tenant’s ActsEXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, IN IMPROVEMENTS EXCEPT THE WARRANTIES EXPRESSLY SET FORTH HEREIN. TENANT’S SOLE REMEDY FOR THE BREACH OF ANY APPLICABLE WARRANTY WILL BE THE REMEDY SET FORTH HEREIN. Tenant shall use its commercially reasonable efforts agrees that no other remedy, including without limitation incidental or consequential damages for lost profits, injury to cause its contractors person or property, or any other incidental or consequential loss will be available to take all action including, but not limited to, filing charges with the N.L.R.B. and pursuing litigation to prevent or end any stoppage or slowdown of Tenant’s Work.
4. Construction shall comply in all respects with applicable Legal Requirements.
5. Upon Landlord’s request from time to time, Tenant shall assign to Landlord any or all contracts or agreements with contractors, vendors, suppliers and/or Construction Professionals as designated by Landlord in connection with all Tenant Work performed on behalf of Landlord. [DATE] [ADDRESS OF TENANT] Seritage Finance LLC (“Landlord”) hereby notifies Kmart Operations LLC and Sears Operations LLC (“Tenant”) of its intention to recapture space pursuant to Section 1.8 of the Master Lease by and among Seritage Finance LLC, Kmart Operations LLC and Sears Operations LLC, dated as of , 2015 (the “Master Lease”). All terms used herein but not otherwise defined have the meaning ascribed to them in the Master Lease.
Appears in 1 contract
Samples: Lease Agreement (Sonic Foundry Inc)
Construction Procedures. 1. When submitting construction plans and specifications (preliminary, completed or final), Tenant or the Tenant’s appointed representative The Contractors shall issue Tenant’s plans, specifications and supporting documents electronically via emails to Landlord’s construction coordinator.
2. Tenant can elect to contract with architects, engineers and other construction professionals of good repute, which are experienced, financially responsible and duly licensed in the jurisdiction in which the Demised Premises is located (“Construction Professionals”) of its choosing for the preparation of the construction plans and specifications. The architect (and other Construction Professionals, as appropriate) shall prepare detailed construction drawings for the work to be performed at the Demised Premises, incorporating the improvements to comply with all of Landlord’s rules, regulations and procedures concerning the construction of improvements at the Project (collectively, the “Construction Procedures”), and if any Contractor fails to comply with the Construction Procedures after Landlord has provided the Contractor with written notice of its non-compliance, Landlord shall have the right to prohibit such Contractor from performing any further work in the Building, and Landlord shall have no liability to Tenant due to such prohibition. Landlord’s Construction Procedures are available from the Building’s property manager. To the extent not inconsistent with the provisions of this Section 10, Article 11 of the Original Lease shall apply to the construction of the Improvements. If there is a conflict between Article 11 of the Original Lease, and this Section 10, this Section 10 shall control. Tenant’s obligations under this Master Lease or Contractors shall not perform any construction work at the Building if such work might disturb other tenants of the Building, as determined by Landlord in consultation with Landlord’s sole discretion, from 8:00 a.m. to 6:00 p.m., Monday through Friday. Tenant with respect and the Contractors shall not have the right, at any time, to work disrupt any Building service (e.g., electrical, plumbing etc.) to be done on behalf the Common Areas or to another tenant’s premises. Tenant and the Contractors shall only store construction materials inside the Premises or the Expansion Space and the Contractors shall not dispose of Landlordtheir refuse or construction materials in the Project’s or Developments trash receptacles. Such drawings will be forwarded Tenant’s Contractors shall only use Building entrances and Building freight elevators designated by Landlord to transport construction materials to the Expansion Space, and Tenant and Tenant’s Contractors shall take whatever precautions Landlord may reasonably prescribe to protect the Project and the Development from damages due to such activities. Tenant shall reimburse Landlord for its review and comment the cost of repairing any damage to the extent Project or Development caused by the construction of the Improvements. Landlord shall have the right to inspect the Improvements at all times upon reasonable notice to Tenant, provided however, that Landlord’s inspection of the Improvements shall not constitute Landlord’s approval of same is required under the Master Lease.
3Improvements. All contractors engaged Should Landlord reasonably disapprove any portion of the Improvements, Landlord shall notify Tenant in writing of such disapproval and shall specify the items disapproved. Any defects in the Improvements shall be rectified by Tenant at no expense to Landlord. Landlord shall be bondable contractors, possessing good labor relations, capable have the right to receive a fee to reimburse it for its costs in providing approvals hereunder and in monitoring the construction of performing quality workmanship the Improvements in an amount equal to one and working in harmony with any contractor hired by one-half percent (1.5%) of the total cost of constructing the Improvements (the “Landlord or Landlord’s tenants. Tenant shall permit union licensed contractors to bid on Tenant’s Work, but Tenant shall not be obligated to engage such contractors unless union labor is required in the area where the Demised Premises is located. Tenant shall retain sufficient documentation evidencing union contractor bidding and shall provide such documentation to Landlord upon fifteen (15) days’ prior written requestFee”). In the event Tenant does not permit union licensed contractors to bid on Tenant’s Work addition, if Landlord incurs architectural, engineering or other consultants’ fees in evaluating such Improvements (“Union BiddingThird Party Fees”) and Landlord is picketed or involved in a dispute with the unions due to Tenant’s failure to permit Union Bidding, then Tenant shall indemnify, defend and hold Landlord, its officers, directors, partners, employees and contractors harmless from and against any and all damages, claims, losses and expenses (including, without limitation, attorneys’ fees, expert witness fees and court costs) incurred by Landlord due to Tenant’s failure to permit Union Bidding. All work shall be coordinated with the general project work. Tenant shall use its commercially reasonable efforts to cause its contractors to maintain harmony and avoid any and all disputes with labor unions in which Tenant’s contractors or any person or entity performing work on behalf of Tenant may become involved. Tenant shall be responsible for any delay, disruption, obstruction or hindrance in the completion of Tenant’s Work and any damages and extra costs resulting from such disputes, except with respect to work for which Landlord is financially responsible under the Master Lease, but expressly excluding all of Tenant’s Acts. Tenant shall use its commercially reasonable efforts to cause its contractors to take all action including, but not limited to, filing charges with the N.L.R.B. and pursuing litigation to prevent or end any stoppage or slowdown of Tenant’s Work.
4. Construction shall comply in all respects with applicable Legal Requirements.
5. Upon Landlord’s request from time to time), Tenant shall assign reimburse Landlord for these fees in addition to the Landlord any or all contracts or agreements with contractors, vendors, suppliers and/or Construction Professionals as designated by Fee. Landlord in connection with all Tenant Work performed on behalf of Landlord. [DATE] [ADDRESS OF TENANT] Seritage Finance LLC (“Landlord”) hereby notifies Kmart Operations LLC and Sears Operations LLC (“Tenant”) of its intention to recapture space pursuant to Section 1.8 of the Master Lease by and among Seritage Finance LLC, Kmart Operations LLC and Sears Operations LLC, dated as of , 2015 (the “Master Lease”). All terms used herein but not otherwise defined shall have the meaning ascribed right to them in deduct the Master LeaseLandlord Fee and the Third Party Fees from the Improvement Allowance (as defined below).
Appears in 1 contract
Samples: Lease (Iteris, Inc.)
Construction Procedures. 1. When submitting construction plans and specifications (preliminary, completed or final), Tenant or the Tenant’s appointed representative The Contractors shall issue Tenant’s plans, specifications and supporting documents electronically via emails to Landlord’s construction coordinator.
2. Tenant can elect to contract with architects, engineers and other construction professionals of good repute, which are experienced, financially responsible and duly licensed in the jurisdiction in which the Demised Premises is located (“Construction Professionals”) of its choosing for the preparation of the construction plans and specifications. The architect (and other Construction Professionals, as appropriate) shall prepare detailed construction drawings for the work to be performed at the Demised Premises, incorporating the improvements to comply with all of Landlord's rules, regulations and procedures concerning the construction of improvements at the Project (collectively, the "Construction Procedures"), and if any Contractor fails to comply with the Construction Procedures after Landlord has provided the Contractor with written notice of its non-compliance, Landlord shall have the right o prohibit such Contractor from performing any further work in the Building, and Landlord shall have no iability to Tenant due to such prohibition. Landlord's Construction Procedures are available from the Building's property manager. To the extent not inconsistent with the provisions of this Section 10, Article 11 of the OriginalLease shall apply to the construction of the Improvements. If there is a conflict between Article 11 of the Original Lease, and this Section 10, this Section 10 shall control. Tenant’s obligations under this Master Lease or 's Contractors shall not perform any construction work at the Building if such work might disturb other tenants of the Building, as determined by Landlord in consultation with Landlord's sole discretion, from 8:00 a.m. to 6:00p.m., Monday through Friday. Tenant and the Contractors shall not have the right, at any time, to disrupt any Building service (e.g., electrical,plumbing etc.) to the Common Areas or to another tenant's premises. Tenant and the Contractors shall only store construction materials inside the Premises or the Expansion Space and the Contractors shall not dispose of their refuse or construction materials in the Project's or Developments trash receptacles. Tenant's Contractors shall only use Building entrances and Building freight elevators designated by Landlord to transport construction materials to the Expansion Space,and Tenant and Tenant's Contractors shall take whatever precautions Landlord may reasonably prescribe to protect the Project and the Development from damages due to such activities. Tenant shall reimburse Landlord for the cost of repairing any damage to the Project or Development caused by the construction of the Improvements. Landlord shall have the right to inspect the Improvements at all times upon reasonable notice to Tenant, provided however, that Landlord's inspection of the Improvements shall not constitute Landlord's approval of the Improvements. Should Landlord reasonably disapprove any portion of the Improvements, Landlord shall notify Tenant in writing of such disapproval and shall specify the items disapproved. Any defects in the Improvements shall be rectified by Tenant at no expense to Landlord. Landlord shall have the right to receive a fee to reimburse it for its costs in providing approvals hereunder and in monitoring the construction of the Improvementsinan amount equal to one and one-half percent (1.5%) ofthe totalcost of constructing the Improvements (the "Landlord Fee"). In addition, if Landlord incurs architectural, engineering or other consultants' fees in evaluating such Improvements (uThird Party Fees"), Tenant shall reimburse Landlord for these fees in addition to the Landlord Fee. Landlord shall have the right to deduct the Landlord Fee and the Third Party Fees from the Improvement Allowance (as defined below). (g) Improvement Allowance. Landlord hereby grants to Tenant an "Improvement Allowance" of $119,600.00, which Improvement Allowance shall be used only to reimburse Tenant for the actual out-of-pocket costs paid by Tenant to independent third parties for the construction of the Improvements. After the completion of the construction of the Improvements, Landlord shall make one (1) disbursement of the Improvement Allowance. Prior to Landlord making the disbursement, Tenant shall deliver to Landlord: (A) a request for payment, approved by Tenant, in a form which is reasonably acceptable to Landlord; (B) invoices from all contractors whose work is being paid with respect to work to be done on behalf of Landlord. Such drawings will be forwarded to Landlord for its review and comment to the extent Landlord’s approval of same is required under the Master Lease.
3. All contractors engaged by Tenant shall be bondable contractors, possessing good labor relations, capable of performing quality workmanship and working in harmony with any contractor hired by Landlord or Landlord’s tenants. Tenant shall permit union licensed contractors to bid on Tenant’s Work, but Tenant shall not be obligated to engage such contractors unless union labor is required in the area where the Demised Premises is located. Tenant shall retain sufficient documentation evidencing union contractor bidding and shall provide such documentation to Landlord upon fifteen (15) days’ prior written payment request. In the event Tenant does not permit union licensed contractors to bid on Tenant’s Work (“Union Bidding”) and Landlord is picketed or involved in a dispute with the unions due to Tenant’s failure to permit Union Bidding, then Tenant shall indemnify, defend and hold Landlord, its officers, directors, partners, employees and contractors harmless from and against any and all damages, claims, losses and expenses (including, without limitation, attorneys’ fees, expert witness fees and court costs) incurred by Landlord due to Tenant’s failure to permit Union Bidding. All work shall be coordinated with the general project work. Tenant shall use its commercially reasonable efforts to cause its contractors to maintain harmony and avoid any and all disputes with labor unions in which Tenant’s contractors or any person or entity performing work on behalf of Tenant may become involved. Tenant shall be responsible for any delay, disruption, obstruction or hindrance in the completion of Tenant’s Work and any damages and extra costs resulting from such disputes, except with respect to work for which Landlord is financially responsible under the Master Lease, but expressly excluding all of Tenant’s Acts. Tenant shall use its commercially reasonable efforts to cause its contractors to take all action including, but not limited to, filing charges with the N.L.R.B. and pursuing litigation to prevent or end any stoppage or slowdown of Tenant’s Work.
4. Construction shall comply in all respects with applicable Legal Requirements.
5. Upon Landlord’s request from time to time, Tenant shall assign to Landlord any or all contracts or agreements with contractors, vendors, suppliers and/or Construction Professionals as designated by Landlord in connection with all Tenant Work performed on behalf of Landlord. [DATE] [ADDRESS OF TENANT] Seritage Finance LLC (“Landlord”) hereby notifies Kmart Operations LLC and Sears Operations LLC (“Tenant”) of its intention to recapture space pursuant to Section 1.8 of the Master Lease by and among Seritage Finance LLC, Kmart Operations LLC and Sears Operations LLC, dated as of , 2015 (the “Master Lease”). All terms used herein but not otherwise defined have the meaning ascribed to them in the Master Lease.;
Appears in 1 contract
Samples: Office Lease (Iteris, Inc.)
Construction Procedures. 1. When submitting construction plans Landlord agrees to provide, by Landlord’s designated architect and/or engineer, the following Building Standard architectural and mechanical drawings and specifications (preliminary, completed or finalthe “Initial Plans”), Tenant or to be drawn for the Second Expansion Space on Tenant’s appointed representative behalf and which shall issue be based upon Tenant’s plansspace plan as shown in Exhibit X-x:
A. Completed, specifications finished and supporting documents electronically via emails to Landlorddetailed architectural drawings for Tenant’s construction coordinator.
2. Tenant can elect to contract with architectsreflected ceiling, engineers telephone, data and other construction professionals of good reputeelectrical outlets, which are experienced, financially responsible and duly licensed in the jurisdiction in which the Demised Premises is located (“Construction Professionals”) of its choosing for the preparation of the construction plans and specifications. The architect (and other Construction Professionals, as appropriate) shall prepare detailed construction drawings for the work to be performed at the Demised Premises, incorporating the improvements to comply with all of Tenant’s obligations under this Master Lease or as determined done by Landlord in consultation with Tenant with respect to under Section II hereof.
B. Completed Building Standard plans where necessary for installation of air-conditioning grilles and registers, heating and electrical facilities for the work to be done by Landlord under Section II hereof. Landlord shall also submit for Tenant’s review architectural drawings for Tenant’s doors, sidelights, cabinetry, and countertops which shall be reviewed and approved by Tenant and Landlord using reasonable discretion. Tenant covenants and agrees to furnish Landlord the following necessary information for the completion of the Initial Plans on behalf or before May 10, 2006:
A. Electrical outlet, telephone and data locations;
B. Cabinet layout and laminate selections (Kitchenette, Copy/Work Room countertop/ cabinetry);
C. Flooring selections; and
D. Paint color selections for walls and door jams. Landlord will, within seven (7) days therefrom, complete said plans and submit to Tenant for approval or disapproval. Tenant will inform Landlord of this approval or any corrections of said plans within three (3) days after receipt thereof by Tenant. All such plans are expressly subject to Landlord’s prior written approval, which Landlord will not unreasonably withhold or delay. Landlord shall provided an Improvement Allowance of Three Hundred Nine Thousand Nine Hundred and Fifty Dollars ($309,950), to pay the cost of Landlord’s Work to be performed in the Second Expansion Space pursuant to this agreement and for the services to be provided by Landlord hereunder. Such drawings All costs for such work and services (including architectural fees and Landlord’s construction management fee of eight percent (8%) of the cost of the work) will be forwarded deducted from the Improvement Allowance. Tenant shall pay to Landlord the cost of work and services in excess of the Improvement Allowance prior to occupancy of the Second Expansion Space. Tenant shall receive a credit to its Base Rent for any unused portion of said allowance using a fifteen (15) year amortization schedule with a discount rate of ten percent (10%). Landlord, at its sole cost and expense, will cause said plans to be filed with the appropriate governmental agencies in such form (buildings notice, alteration or other form) as may be required. If Tenant will desire any additional or non-standard work, over and above that specified in Section II hereof, to be performed in the Second Expansion Space by Landlord or by Tenant, Tenant will cause similar plans and specifications for such work to be drawn at Tenant’s sole expense, either by arranging therefor with Landlord’s architect and/ or engineer, or by consultants of its own selection. All such plans and specifications for additional or non-standard work will be submitted to Landlord with Tenant approved and/ or corrected Initial Plans (hereinafter referred to as the “Final Plans”) for Landlord’s review and comment approval. Landlord reserves the right to give directives to Tenant’s architect or engineer, at Tenant’s expense, for the purpose of insuring that such additional or non-standard work conforms to the extent Building Standards. Landlord covenants it will not unreasonably withhold or delay such review. If Landlord agrees to perform, at Tenant’s request, and upon submission by Tenant of necessary plans and specifications, any additional or non-standard work over and above that specified in Section II hereof, such work will be performed by Landlord, at Tenant’s sole expense, as a Tenant extra. Prior to commencing any such work requested by Tenant, Landlord will submit to Tenant written estimates of the cost of any such work as indicated on Final Plans. If Tenant will fail to approve or disapprove any such estimate within one (1) week from the date of submission thereof by Landlord, then Landlord will be authorized to proceed thereon. Tenant agrees to pay Landlord, promptly upon being billed therefor, the cost of all such work, together with eight percent (8%) of the cost for Landlord’s approval fee; Tenant agrees that in the event of default of payment thereof, Landlord will (in addition to all other remedies) have the same is required rights as in the event of default of payment or rent under the Master Lease.
3. In addition, if Tenant fails to supply to Landlord any of the above specified information within twenty (20) days after the dates so specified, Landlord may, at it’s option, declare a default under this Lease and exercise any of Landlord’s remedies for default thereunder, including terminating this Lease. If Landlord so terminates the Lease, Tenant will pay Landlord for all expenses incurred by Landlord in preparing the Initial Plans, and/ or Final Plans or in preparing the Second Expansion Space for occupancy by Tenant. Landlord will permit Tenant and it agents reasonable access to the Second Expansion Space during normal working hours prior to the date specified for the commencement of Tenant’s occupancy under this Lease, in order that Tenant may perform through its own contractors such work and decorations as Tenant may desire at the time that Landlord’s contractors are working in the Second Expansion Space. All contractors engaged by Tenant shall as permitted by Landlord will be bondable bondable, licensed contractors, possessing good labor relations, capable of performing quality workmanship and working in harmony with Landlord’s general contractor and other contractors on the job. Such license is further conditioned upon Workers’ Compensation and public liability insurance and property damage insurance, all in amounts and with companies and on forms satisfactory to Landlord, being provided and at all times maintained by Tenant’s contractors engaged in the performance of the work, and certificates of such insurance being furnished to Landlord, prior to proceeding with the work. If at any contractor hired time such entry will cause disharmony or interference with Landlord’s mechanics or contractors, this license may be withdrawn by Landlord upon forty-eight (48) hours written notice to Tenant. Such entry xxxx be deemed to be subject to all of the terms, covenants, provisions and conditions of the Lease except as to the covenant to pay rent. Landlord will not be liable in any way for any injury, loss or Landlord’s tenants. Tenant shall permit union licensed contractors damage which may occur to bid on Tenant, its employees, contractors, agents, workmen and mechanics, or any one or more of them, or to any of Tenant’s Workdecorations or installations so made prior to commencement of the term of the Lease, but Tenant shall not be obligated to engage such contractors unless union labor is required in the area where the Demised Premises is located. Tenant shall retain sufficient documentation evidencing union contractor bidding and shall provide such documentation to Landlord upon fifteen (15) days’ prior written request. In the event Tenant does not permit union licensed contractors to bid on same being solely at Tenant’s Work (“Union Bidding”) risk and Landlord is picketed or involved in a dispute with the unions due Tenant hereby agrees to Tenant’s failure to permit Union Bidding, then Tenant shall indemnify, defend indemnify and hold Landlord, its officers, directors, partners, employees and contractors Landlord harmless from and against form any and all damagesclaims therefor or arising therefrom. Landlord will cause the repair or replacement of any defects in material or workmanship, claimsif any, losses and expenses in the improvements installed by Landlord, if Landlord receives written notification of such defect from Tenant within the period of one (including, without limitation, attorneys’ fees, expert witness fees and court costs1) incurred by Landlord due to year after the date of substantial completion of the Building. Tenant’s failure to permit Union Biddingsole and exclusive remedy against Landlord will be for the repair. All work shall be coordinated with the general project work. Tenant shall use its commercially reasonable efforts to cause its contractors to maintain harmony and avoid any and all disputes with labor unions in which Tenant’s contractors or any person or entity performing work on behalf of Tenant may become involved. Tenant shall Landlord will not be responsible for any delay, disruption, obstruction or hindrance defect of any nature in the completion improvements installed by Landlord of Tenant’s Work and any damages and extra costs resulting from such disputes, except with respect to work for which Landlord is financially responsible under the Master Leasenot so notified within such one (1) year period. LANDLORD MAKES NO WARRANTIES, but expressly excluding all of Tenant’s ActsEXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, IN IMPROVEMENTS EXCEPT THE WARRANTIES EXPRESSLY SET FORTH HEREIN. TENANT’S SOLE REMEDY FOR THE BREACH OF ANY APPLICABLE WARRANTY WILL BE THE REMEDY SET FORTH HEREIN. Tenant shall use its commercially reasonable efforts agrees that no other remedy, including without limitation incidental or consequential damages for lost profits, injury to cause its contractors person or property, or any other incidental or consequential loss will be available to take all action including, but not limited to, filing charges with the N.L.R.B. and pursuing litigation to prevent or end any stoppage or slowdown of Tenant’s Work.
4. Construction shall comply in all respects with applicable Legal Requirements.
5. Upon Landlord’s request from time to time, Tenant shall assign to Landlord any or all contracts or agreements with contractors, vendors, suppliers and/or Construction Professionals as designated by Landlord in connection with all Tenant Work performed on behalf of Landlord. [DATE] [ADDRESS OF TENANT] Seritage Finance LLC (“Landlord”) hereby notifies Kmart Operations LLC and Sears Operations LLC (“Tenant”) of its intention to recapture space pursuant to Section 1.8 of the Master Lease by and among Seritage Finance LLC, Kmart Operations LLC and Sears Operations LLC, dated as of , 2015 (the “Master Lease”). All terms used herein but not otherwise defined have the meaning ascribed to them in the Master Lease.
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Samples: Lease Agreement (Sonic Foundry Inc)
