Construction Warranty. Lessor shall cause Opus West Construction Corporation ("Opus West") to guarantee the Tenant Improvements against defective workmanship and/or materials for a period of one (1) year from the date of substantial completion of the Tenant Improvements and Lessor shall cause Opus West to guarantee also the Building and the Office Complex against defective workmanship and/or materials for a period of one (1) year from the substantial completion thereof. Lessor agrees to cause Opus West to repair or replace any defective item in the Tenant Improvements or such other improvements occasioned by poor workmanship and/or materials during the applicable one-year period, and Opus West's performance of such one-year guarantee shall be the sole and exclusive obligation of Lessor or Opus West with respect to such defective workmanship and/or materials, and Lessee's rights to enforce such one-year guarantee against Opus West shall be Lessee's sole and exclusive remedy with respect to such defective workmanship and/or materials in limitation of any contract, warranty or other rights, whether express or implied, that Lessee may otherwise have under applicable law. To the extent warranties of any of Lessor's subcontractors or suppliers remain enforceable after the expiration of Lessor's one (1) year guarantee described above, Lessor shall cooperate with Lessee to enforce same for the parties' mutual benefit. Lessor agrees to obtain a ten (10) year warranty or bond on the roof membrane and structure from the roof supplier and contractor. Subject to Articles II, XII and XIII hereof and to Lessee's obligations hereunder, except to the extent of any damage caused by the fault or negligence of Lessee, Lessor shall maintain and keep in good order, condition and repair the structural components (defined as the footings and foundation, support walls and columns and the roof structure (exclusive of the roof membrane)) of the Building in which the Premises is located. All costs and expenses incurred in connection therewith shall be included in Operating Expenses, except for any capital improvements that are excluded pursuant to Article II, which excluded capital improvements shall not be included in Operating Expenses.
Appears in 1 contract
Construction Warranty. Lessor (a) Landlord shall cause Opus West Construction Corporation ("Opus West") to guarantee incorporate only new materials and equipment into the Tenant construction of the Improvements. Landlord guarantees the Improvements against defective design, workmanship and/or materials and materials, latent or otherwise, for a period of one (1) year from the date of substantial completion Rental Commencement Date (the "Warranty Period"). Landlord also guarantees the foundations, slab, structural frame, roof deck and exterior walls of the Improvements against defective design, workmanship and materials, latent or otherwise, for a period of three (3) years from the Rental Commencement Date (the "Structural Warranty Period"). By virtue of the foregoing guaranties, Landlord shall repair or replace, at its sole cost and expense (unless and to the extent any such defect is caused solely by Tenant's gross negligence or willful misconduct), any defective item occasioned by defective design, workmanship or materials that Tenant discovers during the Warranty Period or the Structural Warranty Period, as the case may be. Notwithstanding the foregoing, on the date that Landlord substantially completes the construction of the Improvements, secures the Certificate of Occupancy and tenders possession of the Premises to Tenant, Landlord must deliver to Tenant originals of all continuing assignable guaranties and warranties (whether express or implied) issued or made in connection with the construction of the Improvements and Lessor must assign to Tenant, free and clear of all liens and encumbrances, Landlord's interest in those guaranties and warranties by means of a duly executed and acknowledged assignment in form and substance satisfactory to Tenant. From and after the expiration of the Warranty Period or the Structural Warranty Period, as the case may be, Landlord shall cause Opus West to cooperate with Tenant in Tenant's enforcement, at Tenant's sole cost and expense, of any express warranties or guaranties of workmanship or materials given by subcontractors, architects, draftsmen, or materialmen that guarantee also the Building and the Office Complex or warrant against defective design, workmanship and/or or materials for a period of one time in excess of the Warranty Period or the Structural Warranty Period, as the case may be. The obligations Landlord undertakes under the terms of this Section 2.03 are in addition to the maintenance and repair obligations that Landlord undertakes under other terms of the Lease.
(1b) year from the substantial completion thereof. Lessor agrees to cause Opus West to Tenant's making of a claim for repair or replace any replacement of a defective item or condition in the Tenant Improvements will toll the running of the Warranty Period or such other improvements occasioned by poor workmanship and/or materials during the applicable one-year periodStructural Warranty Period, and Opus West's performance of such one-year guarantee shall be as the sole and exclusive obligation of Lessor or Opus West case may be, with respect to such defective workmanship and/or materialsthe item that is the subject of that claim, and Lessee's rights the warranties set forth in Section 2.03 (a) will remain in effect as to enforce such one-year guarantee against Opus West shall that item until Landlord properly corrects it even though the Warranty Period or the Structural Warranty Period would otherwise have expired. If defects covered by the warranties set forth in Section 2.03(a) deprive Tenant of possession of the Building or otherwise constructively evict Tenant from the Building, all installments of Base Rent and Additional Rent becoming due under the terms of the Lease will xxxxx and will not be Lessee's sole due and exclusive remedy payable for the entire period of that dispossession or constructive eviction. If the dispossession or constructive eviction occurs with respect to such defective workmanship and/or materials in limitation only a portion of any contractthe Building, warranty or other rights, whether express or implied, that Lessee may otherwise have under applicable law. To the extent warranties of any of Lessor's subcontractors or suppliers remain enforceable after Base Rent and Additional Rent will partially xxxxx with the expiration of Lessor's one (1) year guarantee described above, Lessor shall cooperate with Lessee to enforce same for the parties' mutual benefit. Lessor agrees to obtain a ten (10) year warranty or bond abatement being equitably calculated on the roof membrane and structure from the roof supplier and contractor. Subject to Articles II, XII and XIII hereof and to Lessee's obligations hereunder, except to the extent of any damage caused by the fault or negligence of Lessee, Lessor shall maintain and keep in good order, condition and repair the structural components (defined as the footings and foundation, support walls and columns and the roof structure (exclusive basis of the roof membrane)) area and value of that portion of the Building from which Tenant is dispossessed or constructively evicted. If such dispossession or constructive eviction continues for more than one hundred twenty (120) days, Tenant has the right, in which addition to all other remedies available to Tenant at law or in equity, to terminate the Premises is locatedLease without any liability whatsoever to Landlord. All costs Tenant will exercise that right, if at all, by delivering written notice to Landlord prior to the time the dispossession or constructive eviction ends.
(c) Landlord shall complete construction and expenses incurred equipping of the Improvements in accordance with the terms of the Lease, this Agreement, the Construction Schedule, the Special Project Conditions, all Legal Requirements and the Final Plans and Specifications, free of mechanic's liens or other liens, and shall defend, indemnify and hold Tenant harmless from and against all claims, actions, losses, costs, damages, expenses, liabilities and obligations, including, without limitation, reasonable attorneys' fees, resulting from (i) the assertion or filing of any claim for amounts alleged to be due to the claimant for labor, services, materials, supplies, machinery, fixtures or equipment furnished in connection therewith shall be included with the construction of the Improvements, (ii) the foreclosure of any mechanic's or materialmen's lien that allegedly secures the amounts allegedly owed to the claimant, or (iii) any other legal proceedings initiated in Operating Expenses, except for any capital improvements connection with that are excluded pursuant to Article II, which excluded capital improvements shall not be included in Operating Expensesclaim.
Appears in 1 contract
Construction Warranty. Lessor Landlord shall cause Opus West Construction Corporation construct Landlord's Work expeditiously and in a good and workmanlike manner and incorporate only new materials and equipment into the construction of Landlord's Work. Landlord guarantees Landlord's Work against defective design, workmanship and materials, latent or otherwise ("Opus WestWarranty") to guarantee the Tenant Improvements against defective workmanship and/or materials ), for a period of one (1) year following Substantial Completion (the "Warranty Period"). Landlord shall repair or replace (or cause to be repaired or replaced) at its sole cost and expense any defective item occasioned by defective design, workmanship or materials that Tenant discovers during the Warranty Period. Landlord shall also perform all repairs, maintenance or replacements necessitated by the failure of Landlord to construct Landlord's Work in accordance with this Lease and all applicable laws, ordinances, regulations and building codes of all public authorities. The terms and provisions of this Section 5.01 shall terminate upon the expiration of the Warranty Period. In the event Tenant fails to file a Claim against Landlord for breach of Landlord's obligations under this Section 5.01(f) on or before the expiration of the Warranty Period, Tenant shall be deemed to have waived such breach and Claim and Tenant shall be barred from pursuing any and all remedies against Landlord therefor. During the Warranty Period and thereafter, Landlord covenants and agrees to file on Tenant's behalf, and otherwise provide commercially reasonable assistance to Tenant with regard to, any applicable warranty claims under warranties issued by subcontractors and suppliers with respect to Landlord's Work which are in effect as of the date of substantial completion of the Tenant Improvements and Lessor shall cause Opus West to guarantee also the Building and the Office Complex against defective workmanship and/or materials for a period of one such Claims. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THIS LEASE (1INCLUDING, WITHOUT LIMITATION, THE OBLIGATIONS OF LANDLORD PURSUANT TO THIS SECTION 5.01: (A) year from the substantial completion thereof. Lessor agrees to cause Opus West to repair or replace any defective item in the Tenant Improvements or such other improvements occasioned by poor workmanship and/or materials during the applicable one-year periodTHE PREMISES IS BEING LEASED "AS IS", and Opus West's performance of such one-year guarantee shall be the sole and exclusive obligation of Lessor or Opus West with respect to such defective workmanship and/or materialsWITH TENANT ACCEPTING ALL DEFECTS, and Lessee's rights to enforce such one-year guarantee against Opus West shall be Lessee's sole and exclusive remedy with respect to such defective workmanship and/or materials in limitation of any contractIF ANY; (B) LANDLORD HAS NOT MADE, warranty or other rightsAND DOES NOT MAKE, whether express or impliedANY WARRANTIES, that Lessee may otherwise have under applicable law. To the extent warranties of any of Lessor's subcontractors or suppliers remain enforceable after the expiration of Lessor's one EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE PREMISES; AND (1C) year guarantee described aboveALL IMPLIED WARRANTIES WITH RESPECT TO THE PREMISES, Lessor shall cooperate with Lessee to enforce same for the parties' mutual benefit. Lessor agrees to obtain a ten (10) year warranty or bond on the roof membrane and structure from the roof supplier and contractor. Subject to Articles IIINCLUDING, XII and XIII hereof and to Lessee's obligations hereunderBUT NOT LIMITED TO, except to the extent of any damage caused by the fault or negligence of LesseeTHOSE OF MERCHANTABILITY, Lessor shall maintain and keep in good orderSUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, condition and repair the structural components (defined as the footings and foundation, support walls and columns and the roof structure (exclusive of the roof membrane)) of the Building in which the Premises is located. All costs and expenses incurred in connection therewith shall be included in Operating Expenses, except for any capital improvements that are excluded pursuant to Article II, which excluded capital improvements shall not be included in Operating ExpensesARE EXPRESSLY NEGATED AND WAIVED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Appears in 1 contract
Samples: Lease Agreement (SunOpta Inc.)
Construction Warranty. Lessor shall cause Opus West Construction Corporation ("Opus West") to guarantee the Tenant Landlord warrants Tenant's Improvements against defective workmanship and/or and materials for a period of one (1) year from the date of substantial completion after Substantial Completion. Landlord's sole obligation under this warranty is to repair or replace, as necessary, any defective item caused by poor workmanship or materials if Tenant notifies in writing Landlord of the Tenant Improvements defective item within such one-year period. Landlord has no obligation to repair or replace any item after such one-year period expires. THIS EXPRESS WARRANTY IS GIVEN AS THE SOLE AND EXCLUSIVE RIGHT AND REMEDY OF TENANT FOR INCOMPLETE OR DEFECTIVE WORKMANSHIP OR MATERIALS OR OTHER DEFECTS IN THE PREMISES IN LIEU OF ANY CONTRACT, TORT, WARRANTY OR OTHER RIGHTS OR CLAIMS, WHETHER EXPRESS OR IMPLIED, THAT MIGHT OTHERWISE BE AVAILABLE UNDER APPLICABLE LAW. ALL OTHER WARRANTIES ARE EXPRESSLY DISCLAIMED. Effective on the expiration of the aforesaid one year warranty, Landlord will (at no expense to Landlord and Lessor shall cause Opus West only to the extent permitted thereunder) make available to Tenant, on a non-exclusive basis, the benefits of any express warranties or guaranties of workmanship or materials given by subcontractors, manufacturers or materialmen which guarantee also the Building and the Office Complex or warrant against defective workmanship and/or or materials for a period of time in excess of the one year period described above. The warranty which is provided hereunder is limited in certain respects, and is conditioned on the following:
(1a) year from Tenant will use Tenant's Improvements only in accordance with the substantial completion thereofdesign capacities and criteria established therefor. Lessor agrees Tenant acknowledges that any misuse thereof may void the warranty hereunder, and may void any manufacturers' or other warranties which may be assigned or otherwise made available to cause Opus West Tenant hereunder.
(b) The warranty will not extend to repair the electrical systems, plumbing systems, heating, ventilating and air conditioning systems, fire protection systems or replace any defective item other mechanical systems servicing only the Premises (the maintenance and operation of such systems servicing the balance of the Building are the subject of separate obligations hereunder), unless such systems are maintained and operated in compliance with the manufacturers' specifications therefor by one or more professionals experienced in the maintenance and servicing of such systems, at least through the applicable warranty period.
(c) Any and all work required to be performed under this Section 17.6 will not in any way include, or require Landlord to perform, any routine or appropriate regular maintenance of Tenant's Improvements required to be performed by Tenant Improvements or such other improvements occasioned by poor workmanship and/or materials during the applicable one-year periodwarranty period as part of Tenant's duties and obligations under this Lease.
(d) The warranty hereunder specifically excludes damages to Tenant's products, and Opus West's performance of such one-year guarantee shall be the sole and exclusive obligation of Lessor or Opus West with respect to such defective workmanship and/or materials, and Lessee's rights to enforce such one-year guarantee against Opus West shall be Lessee's sole and exclusive remedy with respect to such defective workmanship and/or materials in limitation of any contract, warranty equipment or other rights, whether express or implied, that Lessee personal property which may otherwise have under applicable law. To be located within the extent warranties of any of Lessor's subcontractors or suppliers remain enforceable after the expiration of Lessor's one (1) year guarantee described above, Lessor shall cooperate with Lessee to enforce same for the parties' mutual benefit. Lessor agrees to obtain a ten (10) year warranty or bond on the roof membrane and structure from the roof supplier and contractor. Subject to Articles II, XII and XIII hereof and to Lessee's obligations hereunder, except to the extent of any damage caused by the fault or negligence of Lessee, Lessor shall maintain and keep in good order, condition and repair the structural components (defined as the footings and foundation, support walls and columns and the roof structure (exclusive of the roof membrane)) of the Building in which the Premises is located. All costs and expenses incurred in connection therewith shall be included in Operating Expenses, except for any capital improvements that are excluded pursuant to Article II, which excluded capital improvements shall not be included in Operating ExpensesPremises.
Appears in 1 contract
Samples: Lease Agreement (Brightpoint Inc)
Construction Warranty. Lessor Landlord warrants to Tenant that the Leasehold --------------------- Improvements will be completed in a good and workmanlike manner in accordance with the Construction Documents and (subject to subparagraph 10(c) of the Lease) all laws, and that, upon completion of the Leasehold Improvements, the same shall cause Opus West Construction Corporation ("Opus West") to guarantee the Tenant Improvements against defective be free from material defect arising out of defects in design or materials or improper workmanship and/or materials for a period of one year from the Commencement Date. In addition, in the event that in connection with the portions of the Leased Premises which are the responsibility of the Tenant to maintain, repair and/or replace, any contractors, subcontractors, or suppliers that make any warranties with respect to workmanship or materials which extend beyond the period of the Landlord's warranty set forth above in this paragraph, Landlord shall make the same available to Tenant upon the expiration of the warranty period. Without limiting the generality of the foregoing, if, within one (1) year from after the date of substantial completion of the Leasehold Improvements, any part of the Leasehold Improvements is found to be not in accordance with the requirements of this Lease or the Construction Documents or laws, Landlord shall correct it promptly after receipt of written notice from Tenant Improvements and Lessor to do so. This obligation under this paragraph shall cause Opus West to guarantee also survive acceptance of such work. Landlord partially shall bear the Building and cost of correcting destroyed or damaged construction, whether completed or completed, caused by Landlord's correction or removal of the Office Complex against defective workmanship and/or materials for a period work which is not in accordance with the requirements of one (1) year from this Lease, the substantial completion thereofConstruction Documents or laws. Lessor agrees In order to cause Opus West Landlord to repair or replace any defective item honor the warranty contained in this paragraph Tenant must give written notice to Landlord specifying the Tenant Improvements or such other improvements occasioned by poor workmanship and/or materials during the applicable one-year period, and Opus West's performance of such one-year guarantee shall be the sole and exclusive obligation of Lessor or Opus West with respect to such defective workmanship and/or materials, and Lessee's rights to enforce such one-year guarantee against Opus West shall be Lessee's sole and exclusive remedy with respect to such defective workmanship and/or materials in limitation of any contract, warranty or other rights, whether express or implied, that Lessee may otherwise have under applicable law. To the extent warranties of any of Lessor's subcontractors or suppliers remain enforceable defect within thirteen (13) months after the expiration Commencement Date, after which date this warranty shall lapse. Landlord further warrants to Tenant that the Base Building will be completed in a good and workmanlike manner in accordance with the plans and specifications described on Exhibit D-1 and all laws. Landlord: Tenant: CENTENNIAL VENTURE I, LLC XXXX INTERACTIVE SERVICES, INC. By: /s/ By: /s/ Xxxxxxx X. Xxxxxxx --------------------------------- ------------------------------- Title: General Manager Title: Ex. V.P. and General Counsel ------------------------------ ---------------------------- LEASEHOLD IMPROVEMENTS STANDARDS Scope of LessorWork Definition Base Building vs. Tenant Improvement Work
a. No requirement in Tenant Premises a. Furnish and install 2' x 4' acoustical ceiling grid Chicago Metallic White 15/16" intermediate weight throughout Tenant's one Premises. Furnish and install 2' x 4' acoustical ceiling tile (1not yet selected) year guarantee described aboveequal to Xxxxxxxxx'x Second Look II on each floor at a height of 9'0".
b. Core and shell shall provide b. No. requirement. drywall ceilings in restroom areas and decorative drywall ceilings in tenant lobby areas.
c. No requirement. c. Provide upgraded ceiling systems as required by tenant's space plan.
a. Elevators, Lessor shall cooperate toilet rooms, a. No requirements. telephone, electrical rooms, stairwells, janitor closets, service entry and mechanical rooms are to be provided complete. Doors, Frames and a. Furnish and install oak, birch or a. T.I. will include any required Hardware maple veneer doors (3'-0" x 8'-10") in corridor construction, including corridor hollow metal welded frames at all public doors. building areas (painted to match standard tenant door frame colors). Service core doors will be 3' x 9' solid core set in welded hollow metal frames. Building entry and service core doors will be equipped with Lessee to enforce same for the parties' mutual benefit. Lessor agrees to obtain a ten (10) year warranty or bond on the roof membrane and structure from the roof supplier and contractor. Subject to Articles II, XII and XIII hereof and to Lessee's obligations hereunder, except to the extent of any damage caused by the fault or negligence of Lessee, Lessor shall maintain and keep in good order, condition and repair the structural components (defined as the footings and foundation, support walls and columns and the roof structure (exclusive of the roof membrane)) of the Building in which the Premises is locatedmortise locks. All costs and expenses incurred locks should have removable cores. Ground floor service core doors to be hollow metal doors in connection therewith shall be included in Operating Expenses, except for any capital improvements that are excluded pursuant to Article II, which excluded capital improvements shall not be included in Operating Expensespainted hollow metal frames.
Appears in 1 contract
Samples: Office Building Lease (Webb Interactive Services Inc)
Construction Warranty. Lessor shall cause Opus West Construction Corporation Landlord ("Opus West"a) warrants Landlord's Improvements will be constructed in a good and workmanlike manner, free of defects and in conformance with all applicable laws, codes, regulations and ordinances and with EXHIBIT F, and (b) warrants Tenant's Improvements will be constructed in a good and workmanlike manner, in conformance with the Final Plans (as revised pursuant to guarantee the Tenant Improvements against defective this Section 17.1) and will be free of defects in workmanship and/or and materials for a period of one (1) year from after the date of substantial completion Substantial Completion. Landlord will repair
31. or replace, as necessary, any defective item that is a part of Tenant's Improvements caused by poor workmanship or materials if Tenant notifies Landlord of the Tenant Improvements and Lessor shall cause Opus West to guarantee also the Building and the Office Complex against defective workmanship and/or materials for a period of item within such one (1) year from the substantial completion thereofperiod. Lessor agrees to cause Opus West Landlord has no obligation to repair or replace any defective item in that is a part of Tenant's Improvements unless Tenant notifies Landlord of the defect before the one year period expires. Tenant Improvements or such other improvements occasioned by poor workmanship and/or materials during must strictly comply within Warranty Terms. Upon expiration of the applicable one-year periodwarranty period set forth in this section in connection with Tenant's Improvements, and Opus WestLandlord will assign to Tenant any warranties of workmanship or materials given to Landlord by subcontractors or materialmen for a period longer than the one-year warranty described above. Landlord makes to warranty or representation that any such warranties will be assignable. To the extent that any such warranty is not assignable, Landlord agrees to cooperate with Tenant in the enforcement thereof by Tenant, at Tenant's performance sole cost. Landlord also agrees to cooperate with Tenant in the enforcement by Tenant, at Tenant's sole cost, of any service contracts that provide service, repair or maintenance for a period longer than such one-year guarantee shall be period on any item incorporated in the sole and exclusive obligation of Lessor or Opus West with respect to such defective workmanship and/or materials, and Lessee's rights to enforce such one-year guarantee against Opus West shall be Lessee's sole and exclusive remedy with respect to such defective workmanship and/or materials in limitation of any contract, warranty or other rights, whether express or impliedBuilding, that Lessee may otherwise have under applicable lawis to be maintained by Tenant. To the extent warranties of any of Lessor's subcontractors or suppliers remain enforceable after the expiration of Lessor's one (1) year guarantee described above, Lessor shall cooperate with Lessee to enforce same for the parties' mutual benefit. Lessor agrees to obtain a ten (10) year warranty or bond on the roof membrane and structure from the roof supplier and contractor. Subject to Articles II, XII and XIII hereof and to Lessee's obligations hereunder, except to the extent of any damage caused by the fault or negligence of Lessee, Lessor shall maintain and keep in good order, condition and repair the structural components (defined as the footings and foundation, support walls and columns and the roof structure (exclusive of the roof membrane)) of the Building in which the Premises is located. All costs and expenses incurred in connection therewith shall be included in Operating Expenses, except for any capital improvements that are excluded pursuant to Article II, which excluded capital improvements shall not be included in Operating ExpensesSEE SECTION 17.1.14.
Appears in 1 contract
Samples: Sublease Agreement (Blue Nile Inc)
Construction Warranty. Lessor (a) Landlord shall cause Opus West Construction Corporation ("Opus West") to guarantee incorporate only new materials and equipment into the Tenant construction of the Improvements. Landlord guarantees the Improvements against defective design, workmanship and/or materials and materials, latent or otherwise, for a period of one (1) year from the date of substantial completion Rental Commencement Date (the “Warranty Period”). Landlord also guarantees the foundations, slab, structural frame, roof deck and exterior walls of the Improvements against defective design, workmanship and materials, latent or otherwise, for a period of three (3) years from the Rental Commencement Date (the “Structural Warranty Period”). By virtue of the foregoing guaranties, Landlord shall repair or replace, at its sole cost and expense (unless and to the extent any such defect is caused solely by Tenant’s gross negligence or willful misconduct), any defective item occasioned by defective design, workmanship or materials that Tenant discovers during the Warranty Period or the Structural Warranty Period, as the case may be. Notwithstanding the foregoing, on the date that Landlord substantially completes the construction of the Improvements, secures the Certificate of Occupancy and tenders possession of the Premises to Tenant, Landlord must deliver to Tenant originals of all continuing assignable guaranties and warranties (whether express or implied) issued or made in connection with the construction of the Improvements and Lessor must assign to Tenant, free and clear of all liens and encumbrances, Landlord’s interest in those guaranties and warranties by means of a duly executed and acknowledged assignment in form and substance satisfactory to Tenant. From and after the expiration of the Warranty Period or the Structural Warranty Period, as the case may be, Landlord shall cause Opus West to cooperate with Tenant in Tenant’s enforcement, at Tenant’s sole cost and expense, of any express warranties or guaranties of workmanship or materials given by subcontractors, architects, draftsmen, or materialmen that guarantee also the Building and the Office Complex or warrant against defective design, workmanship and/or or materials for a period of one time in excess of the Warranty Period or the Structural Warranty Period, as the case may be. The obligations Landlord undertakes under the terms of this Section 2.03 are in addition to the maintenance and repair obligations that Landlord undertakes under other terms of the Lease.
(1b) year from the substantial completion thereof. Lessor agrees to cause Opus West to Tenant’s making of a claim for repair or replace any replacement of a defective item or condition in the Tenant Improvements will toll the running of the Warranty Period or such other improvements occasioned by poor workmanship and/or materials during the applicable one-year periodStructural Warranty Period, and Opus West's performance of such one-year guarantee shall be as the sole and exclusive obligation of Lessor or Opus West case may be, with respect to such defective workmanship and/or materialsthe item that is the subject of that claim, and Lessee's rights the warranties set forth in Section 2.03 (a) will remain in effect as to enforce such one-year guarantee against Opus West shall that item until Landlord properly corrects it even though the Warranty Period or the Structural Warranty Period would otherwise have expired. If defects covered by the warranties set forth in Section 2.03(a) deprive Tenant of possession of the Building or otherwise constructively evict Tenant from the Building, all installments of Base Rent and Additional Rent becoming due under the terms of the Lease will xxxxx and will not be Lessee's sole due and exclusive remedy payable for the entire period of that dispossession or constructive eviction. If the dispossession or constructive eviction occurs with respect to such defective workmanship and/or materials in limitation only a portion of any contractthe Building, warranty or other rights, whether express or implied, that Lessee may otherwise have under applicable law. To the extent warranties of any of Lessor's subcontractors or suppliers remain enforceable after Base Rent and Additional Rent will partially xxxxx with the expiration of Lessor's one (1) year guarantee described above, Lessor shall cooperate with Lessee to enforce same for the parties' mutual benefit. Lessor agrees to obtain a ten (10) year warranty or bond abatement being equitably calculated on the roof membrane and structure from the roof supplier and contractor. Subject to Articles II, XII and XIII hereof and to Lessee's obligations hereunder, except to the extent of any damage caused by the fault or negligence of Lessee, Lessor shall maintain and keep in good order, condition and repair the structural components (defined as the footings and foundation, support walls and columns and the roof structure (exclusive basis of the roof membrane)) area and value of that portion of the Building from which Tenant is dispossessed or constructively evicted. If such dispossession or constructive eviction continues for more than one hundred twenty (120) days, Tenant has the right, in which addition to all other remedies available to Tenant at law or in equity, to terminate the Premises is locatedLease without any liability whatsoever to Landlord. All costs Tenant will exercise that right, if at all, by delivering written notice to Landlord prior to the time the dispossession or constructive eviction ends.
(c) Landlord shall complete construction and expenses incurred equipping of the Improvements in accordance with the terms of the Lease, this Agreement, the Construction Schedule, the Special Project Conditions, all Legal Requirements and the Final Plans and Specifications, free of mechanic’s liens or other liens, and shall defend, indemnify and hold Tenant harmless from and against all claims, actions, losses, costs, damages, expenses, liabilities and obligations, including, without limitation, reasonable attorneys’ fees, resulting from (i) the assertion or filing of any claim for amounts alleged to be due to the claimant for labor, services, materials, supplies, machinery, fixtures or equipment furnished in connection therewith shall be included with the construction of the Improvements, (ii) the foreclosure of any mechanic’s or materialmen’s lien that allegedly secures the amounts allegedly owed to the claimant, or (iii) any other legal proceedings initiated in Operating Expenses, except for any capital improvements connection with that are excluded pursuant to Article II, which excluded capital improvements shall not be included in Operating Expensesclaim.
Appears in 1 contract
Construction Warranty. Lessor shall cause Opus West Construction Corporation ("Opus West") Subject to guarantee the Tenant TI Warranty Maximum described below, Landlord warrants Tenant's Improvements against defective workmanship and/or and materials for a period of one (1) year from the date after Substantial Completion of substantial completion of the Tenant Tenant's Improvements. Landlord warrants Landlord's Improvements and Lessor shall cause Opus West to guarantee also the Building and the Office Complex against defective workmanship and/or and materials for a period of one (1) year from after Substantial Completion of Landlord's Improvements. Landlord's sole obligation under this warranty is to repair or replace, as necessary, any defective item caused by poor workmanship or materials if Tenant notifies Landlord of the substantial completion thereofdefective item within such applicable one-year period. Lessor agrees to cause Opus West Landlord has no obligation to repair or replace any defective item after such one year period expires except as provided in Section 8.1. Payment for Landlord's warranty obligations shall be made from the Tenant Warranty Fee described in Section 21.2(c). The cost of Landlord's compliance with Landlord's obligations under this Section 21.2(j) pertaining to Tenant's Improvements or such other improvements occasioned by poor workmanship and/or materials during shall not exceed that portion of the Warranty Fee applicable one-year periodto the Tenant's Improvements, which amount is equal to one percent (1%) of costs, fees, and Opus West's performance expenses of such one-year guarantee shall be the sole and exclusive obligation of Lessor or Opus West with respect to such defective workmanship and/or labor, materials, supplies, and Lesseeequipment for construction of Tenant's rights to enforce such one-year guarantee against Opus West shall be Lessee's sole and exclusive remedy with respect to such defective workmanship and/or materials in limitation of any contractImprovements (the "TI Warranty Maximum"). THE WARRANTY TERMS PROVIDE TENANT WITH ITS SOLE AND EXCLUSIVE REMEDIES FOR INCOMPLETE OR DEFECTIVE WORKMANSHIP OR MATERIALS OR OTHER DEFECTS IN THE PREMISES IN LIEU OF ANY CONTRACT, warranty or other rightsWARRANTY OR OTHER RIGHTS, whether express or impliedWHETHER EXPRESSED OR IMPLIED, that Lessee may otherwise have under applicable lawTHAT MIGHT OTHERWISE BE AVAILABLE TO TENANT UNDER APPLICABLE LAW. To the extent warranties of any of Lessor's subcontractors or suppliers remain enforceable after the expiration of Lessor's one (1) year guarantee described above, Lessor shall cooperate with Lessee to enforce same for the parties' mutual benefit. Lessor agrees to obtain a ten (10) year warranty or bond on the roof membrane and structure from the roof supplier and contractor. Subject to Articles II, XII and XIII hereof and to Lessee's obligations hereunder, except to the extent of any damage caused by the fault or negligence of Lessee, Lessor shall maintain and keep in good order, condition and repair the structural components (defined as the footings and foundation, support walls and columns and the roof structure (exclusive of the roof membrane)) of the Building in which the Premises is located. All costs and expenses incurred in connection therewith shall be included in Operating Expenses, except for any capital improvements that are excluded pursuant to Article II, which excluded capital improvements shall not be included in Operating ExpensesALL OTHER WARRANTIES ARE EXPRESSLY DISCLAIMED.
Appears in 1 contract
Samples: Net Lease Agreement (Merix Corp)