Common use of Construction Staging Clause in Contracts

Construction Staging. (a) Landlord hereby agrees that in the event the Town of Chapel Hill’s Planning Department (the “Planning Department”) approves Tenant’s request to stage its construction activities on the plaza level of the Parking Deck, then during the entire period of Tenant’s construction of the Improvements, Tenant shall have the exclusive right to use the entire plaza level of the Parking Deck (including the Southeast Corner) for construction staging, and Tenant is hereby granted an exclusive easement for construction, access, ingress and egress to and from the Southeast Corner for such purpose until Tenant’s construction activities have been completed. No other use may be permitted on the plaza level of the Parking Deck during Tenant’s construction activities. If so approved by the Planning Department, Tenant shall take appropriate measures to blockade the entire plaza level of the Parking Deck from use by the public; provided, however, that if required by local code, Landlord or the Planning Department, Tenant shall take measures to ensure that a fenced walkway remains open to the public to provide access from the ADA elevator to the ramp on the plaza level of the Parking Deck during Tenant’s constructions activities. (b) In the event the Planning Department denies Tenant’s request to stage its construction activities on the plaza level of the Parking Deck, then during construction of the Improvements, Tenant shall erect good and sufficient fences, barricades and screens so as to block off areas under construction in the Premises, but which shall not interfere with free and continuous ingress and egress to or from the Land, or unobstructed access across the driveways and thruways within the Parking Deck. (c) Tenant agrees to conduct its construction activities expeditiously, to perform all construction within the fenced-off areas of the Premises described above in this Section 5.4, and to keep all other portions of the Land and Parking Deck free from all encroachments of materials, equipment and/or personnel employed in such construction and to, insofar as is reasonably possible, perform such construction so as to avoid any interference with the use of the Parking Deck. (d) Upon request, Landlord shall grant Tenant the right to utilize construction staging areas proximate to the Premises during Tenant’s construction of the Improvements in locations reasonably acceptable to Landlord and Tenant provided that such staging areas shall be relocated from time to time at Landlord’s request, and Tenant shall maintain such staging areas in a neat and safe condition.

Construction Staging. (a) Landlord hereby agrees that in the event the Town of Chapel Hill’s Planning Department (the “Planning Department”) Department”)Manager approves Tenant’s request to stage its construction activities on the plaza level of the Parking Deck, then during the entire period of Tenant’s construction of the Improvements, Tenant shall have the exclusive right to use the entire plaza level of the Parking Deck (including the Southeast Corner) for construction staging, and Tenant is hereby granted an exclusive easement for construction, access, ingress and egress to and from the Southeast Corner for such purpose until Tenant’s construction activities have been completed. No other use may be permitted on the plaza level of the Parking Deck during Tenant’s construction activities. If so approved by the Planning DepartmentDepartmentTown Manager, Tenant shall take appropriate measures to blockade the entire plaza level of the Parking Deck from use by the public; provided, however, that if required by local code, Landlord or the Planning DepartmentDepartmentTown Manager, Tenant shall take measures to ensure that a fenced walkway remains open to the public to provide access from the ADA elevator to the ramp on the plaza level of the Parking Deck during Tenant’s constructions activities. (b) In the event the Planning Department DepartmentTown Manager denies Tenant’s request to stage its construction activities on the plaza level of the Parking Deck, then during construction of the Improvements, Tenant shall erect good and sufficient fences, barricades and screens so as to block off areas under construction in the Premises, but which shall not interfere with free and continuous ingress and egress to or from the Land, or unobstructed access across the driveways and thruways within the Parking Deck. (c) Tenant agrees to conduct its construction activities expeditiously, to perform all construction within the fenced-off areas of the Premises described above in this Section 5.4, and to keep all other portions of the Land and Parking Deck free from all encroachments of materials, equipment and/or personnel employed in such construction and to, insofar as is reasonably possible, perform such construction so as to avoid any interference with the use of the Parking Deck. (d) Upon request, Landlord shall grant Tenant the right to utilize construction staging areas proximate to the Premises during Tenant’s construction of the Improvements in locations reasonably acceptable to Landlord and Tenant provided that such staging areas shall be relocated from time to time at Landlord’s request, and Tenant shall maintain such staging areas in a neat and safe condition.