Final Tenant Improvement Plans. Tenant shall submit the approved Tenant Improvement Working Drawings to the Palo Alto Building Department for a Tenant Improvement building permit prior to the commencement of such work. The Tenant Improvement Working Drawings as modified by the City of Palo Alto are defined herein as the “Final Tenant Improvement Plans.” Prior to commencing construction. Tenant shall deliver to Landlord a copy of the City of Palo Alto building permit for the Final Tenant Improvement Plans. Any material changes to the Final Tenant Improvement Plans shall be subject to Landlord’s prior written approval, which shall not be unreasonably withheld. Any material deviation in construction from the design specifications and criteria set forth in the Final Tenant Improvement Plans, other than as approved in writing by Landlord (such approval not to be unreasonably withheld or delayed), shall constitute a default for which Landlord may, within ten (10) business days after giving written notice to Tenant, elect to exercise the remedies available in the event of default under the provisions of this Lease, unless such default is cured within such ten (10) business day period, or, if the cure reasonably requires more than ten (10) business days, unless such default is cured as soon as reasonably practicable but in no event later than sixty (60) days after Landlord’s notice to Tenant. Only new materials shall be used in the construction of the Tenant Improvements, except with the written consent of Landlord. Tenant acknowledges that it will engage the Tenant Improvement Architect, the Tenant Improvement Project Manager, and the Tenant Improvement Contractor, and shall be solely responsible for the actions and omissions of its architects, engineers, contractors, and project/construction managers and for any loss, liability, claim, cost, damage or expense suffered by Landlord or any other entity or person as a result of the acts or omissions of its architect, engineers or project/construction managers. Landlord’s approval of any of Tenant’s architects, engineers or project/construction managers and of any documents prepared by any of them shall not be for the benefit of Tenant or any third party, and Landlord shall have no duty to Tenant or to any third parties for the actions or omissions of Tenant’s architects, engineers or project/construction managers. Tenant shall indemnify and hold harmless Landlord from and against any and all losses, costs, damages, claims and liabilities arising from the actions or omissions of Tenant’s architects, engineers and project/construction managers. The Tenant Improvements shall be constructed by Tenant Improvement Contractor in accordance with the Final Tenant Improvement Plans, in compliance with all of the terms and conditions of this Work Letter and the Lease, and with all applicable Laws and Restrictions. The Tenant Improvement Contractor shall obtain a builder’s risk policy of insurance in an amount and form and issued by a carrier reasonably satisfactory to Landlord, and its subcontractors shall carry worker’s compensation insurance for their employees as required by law. The builder’s risk policy of insurance shall name Landlord as an additional insured and shall not be cancelable without at least 30 days’ prior written notice to Landlord. Tenant shall notify Landlord of its intention to commence construction ten (10) days prior to commencement, which commencement shall allow for Tenant’s Improvements to be completed no later than December 31, 2007, subject to any delays caused by Landlord’s delay in responding to plans. Landlord shall have the right to post in a conspicuous location on the Building or the Premises, as well as record with the County of Santa Xxxxx, a Notice of Nonresponsibility. Tenant shall provide Landlord with a copy of the City of Palo Alto building permit allowing for the construction of the Final Tenant Improvement Plans prior to commencement of construction of the Tenant Improvements. Tenant shall, and shall cause Tenant’s Project Manager to, use commercially reasonable efforts to cause construction of the Final Tenant Improvement Plans to be performed in as efficient a manner as is commercially reasonable. All work to be performed inside or outside of the Building shall be coordinated with Landlord. Tenant and the Tenant Improvement Contractor shall conduct their work and employ labor in such manner as to maintain harmonious labor relations. Tenant shall complete construction of the Final Tenant Improvement Plans for the entirety of the Leased Premises to allow for occupancy (excepting cafeteria) no later than the Lease Commencement Date, subject to delays caused by Force Majeure. Tenant, at Tenant’s sole cost and expense, shall clear debris resulting from the Tenant Improvement construction as necessary so as not to interfere with the construction of the Landlord’s Work. No trash, or other debris, or other waste may be deposited at any time outside the Building except in containers reasonably approved by Landlord. If so, Landlord may, after written notice to Tenant, remove it at Tenant’s expense, which expense shall equal the cost of removal plus ten percent (10%) of such costs as a management fee. Storage of Tenant Improvement construction materials, tools and equipment shall be coordinated with Landlord’s contractor. Tenant shall reimburse Landlord on demand for the cost of repairing any damage to the Building caused by Tenant Improvement Contractor and its subcontractors during the construction of the Tenant Improvements. Upon completion of the Tenant Improvements, Tenant shall cause the Building and the Outside Areas to be clean and free from construction debris resulting from Tenant’s Tenant Improvement construction. Tenant shall submit to Landlord on or before the Lease Commencement Date (as defined in the Lease) a Certificate of Substantial Completion, AIA Document G704, by its Tenant Improvement Architect for the Final Tenant Improvement Plans, a copy of all final inspection cards for the Tenant Improvements signed by the appropriate City of Palo Alto inspector and the Temporary Certificate of Occupancy from the City of Palo Alto. Tenant shall submit to Landlord two CDs containing copies of all Tenant Improvement as-built plans and specifications, warranties, and operating manuals covering all of the work in the Final Tenant Improvement Plans. Tenant hereby assigns to Landlord on a non-exclusive basis any and all rights Tenant may have under such warranties, without in any way obligating Landlord to pursue or prosecute such rights. Tenant shall retain the right to pursue or prosecute any such rights to the extent that Landlord does not do so. Any minor work required for Tenant’s occupancy of the Leased Premises but not included in the Final Tenant Improvement Plans such as the procurement and installation of furniture, fixtures, equipment, interior artwork and signage, shall not require Landlord approval but shall be installed in a good and workmanlike manner by Tenant.

Appears in 2 contracts

Samples: Lease (Cardiodx Inc), Lease (Cardiodx Inc)

Final Tenant Improvement Plans. ~~Tenant shall submit~~ Within twenty-five (25) days following approval of the ~~approved~~ Approved Space Plan, Landlord will prepare or cause Architect to prepare plans and specifications for the Tenant Improvement Work (“Working Drawings”) which are consistent with the Approved Space Plan and include Tenant’s final material selections (“Material Selections”). So long as the Working Drawings are consistent with the Approved Space Plan and the Material Selections, Tenant will approve the Working Drawings within five (5) Business Days after Tenant’s receipt of the Working Drawings (or, if not consistent, notify Landlord of the inconsistency) from Landlord or Architect by providing a separate written approval. Tenant’s failure to timely do so will be deemed an approval of the ~~Palo Alto Building Department~~ Working Drawings. If there are any inconsistencies of the Working Drawings from the Approved Space Plan and Material Selections, then Landlord and Tenant agree to meet, discuss and cooperate in good faith to address the inconsistencies within five (5) Business Days after Landlord’s receipt of Tenant’s comments. After approval of the Working Drawings, Landlord will prepare, or cause Architect to prepare, final plans and specifications for a the Tenant Improvement ~~building permit prior to the commencement of such work. The Tenant Improvement Working Drawings as modified by the City of Palo Alto are defined herein as the~~ Work (“Final Tenant Improvement Plans~~.” Prior~~ ”) which are consistent with the Working Drawings and which will be used by Landlord to ~~commencing construction~~bid the Tenant Improvement Work and obtain the permits necessary to enable the selected contractor to construct the Tenant Improvement Work. So long as the Final Tenant ~~shall deliver to~~ Improvement Plans are consistent with the Working Drawings agreed upon by Landlord ~~a copy~~ and Tenant, Tenant will approve the Final Tenant Improvement Plans (or, if not consistent, notify Landlord of the ~~City~~ inconsistency) within five (5) Business Days after Tenant’s receipt of ~~Palo Alto building permit for~~ the Final Working Drawings from Landlord or Architect by providing a separate written approval. Tenant’s failure to timely do so will be deemed an approval of the Final Tenant Improvement Plans. ~~Any~~ Landlord and Tenant agree to meet, discuss and cooperate in good faith to address any inconsistency of the Final Tenant Improvement Plans from the Working Drawings within five (5) Business Days after Landlord’s receipt of Tenant’s comments. With prior written notice to Tenant, Landlord and/or Architect may make non-material changes to the Final Tenant Improvement Plans ~~shall~~ as may be ~~subject~~ required by any municipal authority in order to ~~Landlord’s prior written approval, which shall not be unreasonably withheld~~obtain the building permit necessary to complete the Tenant Improvement Work. ~~Any~~ If any municipal authority requires material ~~deviation in construction from the design specifications and criteria set forth in~~ changes to the Final Tenant Improvement Plans, ~~other than as approved~~ Landlord and Tenant will cooperate in ~~writing by Landlord~~ good faith to finalize and approve the necessary changes within five (~~such approval not to be unreasonably withheld or delayed), shall constitute a default for which Landlord may, within ten (10~~5) ~~business days~~ Business Days after ~~giving written~~ notice to from the municipal authority. Tenant, elect to exercise the remedies available in the event of default under the provisions of this Lease, unless such default is cured within such ten (10) business day period, or, if the cure reasonably requires more than ten (10) business days, unless such default is cured as soon as reasonably practicable but in no event later than sixty (60) days after Landlord’s notice to Tenant. Only new materials shall be used in the construction of the Tenant Improvements, except with the written consent of Landlord. Tenant acknowledges that it will engage the Tenant Improvement Architect, the Tenant Improvement Project Manager, and the Tenant Improvement Contractor, and shall be solely responsible for the actions and omissions of its architects, engineers, contractors, and project/construction managers and for any loss, liability, claim, cost, damage or expense suffered by Landlord or any other entity or person as a result of the acts or omissions of its architect, engineers or project/construction managers. Landlord’s approval of any of Tenant’s architects, engineers or project/construction managers and of any documents prepared by any of them shall not be for the benefit of Tenant or any third party, and Landlord shall have no duty material changes to Tenant or to any third parties for the actions or omissions of Tenant’s architects, engineers or project/construction managers. Tenant shall indemnify and hold harmless Landlord from and against any and all losses, costs, damages, claims and liabilities arising from the actions or omissions of Tenant’s architects, engineers and project/construction managers. The Tenant Improvements shall be constructed by Tenant Improvement Contractor in accordance with the Final Tenant Improvement ~~Plans,~~ Plans will be evidenced by a separate written approval in ~~compliance with all of the terms and conditions of this Work Letter and the Lease, and with all applicable Laws and Restrictions~~a form reasonably designated by Landlord. The Tenant Improvement Contractor shall obtain a builder’s risk policy of insurance in an amount and form and issued by a carrier reasonably satisfactory to Landlord, and its subcontractors shall carry worker’s compensation insurance for their employees as date that Landlord obtains the building permit required by law. The builder’s risk policy of insurance shall name Landlord as an additional insured and shall not be cancelable without at least 30 days’ prior written notice to Landlord. Tenant shall notify Landlord of its intention to commence construction ten (10) days prior to commencement, which commencement shall allow for Tenant’s Improvements to be completed no later than December 31, 2007, subject to any delays caused by Landlord’s delay in responding to plans. Landlord shall have the right to post in a conspicuous location on the Building or the Premises, as well as record with the County of Santa Xxxxx, a Notice of Nonresponsibility. Tenant shall provide Landlord with a copy of the City of Palo Alto building permit allowing for the construction of the Final Tenant Improvement Plans prior to commencement of construction of the Tenant Improvements. Tenant shall, and shall cause Tenant’s Project Manager to, use commercially reasonable efforts to cause construction of the Final Tenant Improvement Plans to will be performed in as efficient a manner as is commercially reasonable. All work to be performed inside or outside of the Building shall be coordinated with Landlord. Tenant and the Tenant Improvement Contractor shall conduct their work and employ labor in such manner as to maintain harmonious labor relations. Tenant shall complete construction of the Final Tenant Improvement Plans for the entirety of the Leased Premises to allow for occupancy (excepting cafeteria) no later than the Lease Commencement Date, subject to delays caused by Force Majeure. Tenant, at Tenant’s sole cost and expense, shall clear debris resulting from the Tenant Improvement construction as necessary so as not to interfere with the construction of the Landlord’s Work. No trash, or other debris, or other waste may be deposited at any time outside the Building except in containers reasonably approved by Landlord. If so, Landlord may, after written notice to Tenant, remove it at Tenant’s expense, which expense shall equal the cost of removal plus ten percent (10%) of such costs as a management fee. Storage of Tenant Improvement construction materials, tools and equipment shall be coordinated with Landlord’s contractor. Tenant shall reimburse Landlord on demand for the cost of repairing any damage to the Building caused by Tenant Improvement Contractor and its subcontractors during the construction of the Tenant Improvements. Upon completion of the Tenant Improvements, Tenant shall cause the Building and the Outside Areas to be clean and free from construction debris resulting from Tenant’s Tenant Improvement construction. Tenant shall submit to Landlord on or before the Lease Commencement Date (as defined in the Lease) a Certificate of Substantial Completion, AIA Document G704, by its Tenant Improvement Architect for the Final Tenant Improvement Plans, a copy of all final inspection cards for the Tenant Improvements signed by the appropriate City of Palo Alto inspector and the Temporary Certificate of Occupancy from the City of Palo Alto. Tenant shall submit to Landlord two CDs containing copies of all Tenant Improvement as-built plans and specifications, warranties, and operating manuals covering all of the work in the Final Tenant Improvement Plans. Tenant hereby assigns to Landlord on a non-exclusive basis any and all rights Tenant may have under such warranties, without in any way obligating Landlord to pursue or prosecute such rights. Tenant shall retain the right to pursue or prosecute any such rights to the extent that Landlord does not do so. Any minor work required for Tenant’s occupancy of the Leased Premises but not included in the Final Tenant Improvement Plans such known as the ~~procurement and installation of furniture, fixtures, equipment, interior artwork and signage, shall not require Landlord approval but shall be installed in a good and workmanlike manner by Tenant~~“Plan Approval Date.”

Appears in 2 contracts

Samples: Office Lease Agreement (JOINT Corp), Office Lease Agreement (JOINT Corp)

Final Tenant Improvement Plans. Tenant shall submit the approved Tenant Improvement Working Drawings to the Palo Alto Building Department for a Tenant Improvement building permit prior to the commencement of such work. The Tenant Improvement Working Drawings as modified by the City of Palo Alto are defined herein as the “Final Tenant Improvement Plans.” Prior to commencing construction. , Tenant shall deliver to Landlord a copy of the City of Palo Alto building permit for the Final Tenant Improvement Plans. Any material changes to the Final Tenant Improvement Plans shall be subject to Landlord’s prior written approval, which shall not be unreasonably withheld. Any material deviation in construction from the design specifications and criteria set forth in the Final Tenant Improvement Plans, other than as approved in writing by Landlord (such approval not to be unreasonably withheld or delayed), shall constitute a default for which Landlord may, within ten (10) business days after giving written notice to Tenant, elect to exercise the remedies available in the event of default under the provisions of this Lease, unless such default is cured within such ten (10) business day period, or, if the cure reasonably requires more than ten (10) business days, unless such default is cured as soon as reasonably practicable but in no event later than sixty (60) days after Landlord’s notice to Tenant. Only new materials shall be used in the construction of the Tenant Improvements, except with the written consent of Landlord. Tenant acknowledges that it will engage the Tenant Improvement Architect, the Tenant Improvement Project Manager, and the Tenant Improvement Contractor, and shall be solely responsible for the actions and omissions of its architects, engineers, contractors, and project/construction managers and for any loss, liability, claim, cost, damage or expense suffered by Landlord or any other entity or person as a result of the acts or omissions of its architect, engineers or project/construction managers. Landlord’s approval of any of Tenant’s architects, engineers or project/construction managers and of any documents prepared by any of them shall not be for the benefit of Tenant or any third party, and Landlord shall have no duty to Tenant or to any third parties for the actions or omissions of Tenant’s architects, engineers or project/construction managers. Tenant shall indemnify and hold harmless Landlord from and against any and all losses, costs, damages, claims and liabilities arising from the ~~actions~~ negligent acts or omissions of Tenant’s architects, engineers and project/construction managers. The Tenant Improvements shall be constructed by Tenant Improvement Contractor in accordance with the Final Tenant Improvement Plans, in compliance with all of the terms and conditions of this Work Letter and the Lease, and with all applicable Laws and Restrictions. The Tenant Improvement Contractor shall obtain ~~a builder’s risk policy of~~ and maintain the insurance ~~in an amount and form and issued by a carrier reasonably satisfactory~~ coverages set forth on Schedule 1 attached to Landlord, and its subcontractors shall carry worker’s compensation insurance for their employees as required by law. The builder’s risk policy of insurance shall name Landlord as an additional insured and shall not be cancelable without at least 30 days’ prior written notice to Landlordthis Exhibit. Tenant shall notify Landlord of its intention to commence construction ten (10) days prior to ~~commencement, which~~ commencement and shall ~~allow for Tenant’s Improvements to be completed no later than December 31, 2007, subject to any delays caused by Landlord’s delay in responding to plans~~again notify Landlord of actual commencement within one (1) business day thereafter. Landlord shall have the right to post in a conspicuous location on the Building or the Leased Premises, as well as record with the County of Santa Xxxxx, a Notice of Nonresponsibility. Tenant shall provide Landlord with a copy of the City of Palo Alto building permit allowing for the construction of the Final Tenant Improvement Plans prior to commencement of construction of the Tenant Improvements. Tenant shall, and shall cause Tenant’s Project Manager to, use commercially reasonable efforts to cause construction of the Final Tenant Improvement Plans to be performed in as efficient a manner as is commercially reasonable. All work to be performed inside or outside of the Building shall be coordinated with Landlord. Tenant and the Tenant Improvement Contractor shall conduct their work and employ labor in such manner as to maintain harmonious labor relations. Tenant shall complete construction of the Final Tenant Improvement Plans for the entirety of the Leased Premises to allow for occupancy (excepting cafeteria) no later than the Lease Commencement Date, subject to delays caused by Force Majeure. Tenant, at Tenant’s sole cost and expense, shall clear debris resulting from the Tenant Improvement construction as necessary so as not to interfere with the construction of the Landlord’s Work. No trash, or other debris, or other waste may be deposited at any time outside the Building except in containers reasonably approved by Landlord. If so, Landlord may, after written notice to Tenant, remove it at Tenant’s expense, which expense shall equal the cost of removal plus ten percent (10%) of such costs as a management fee. Storage of Tenant Improvement construction materials, tools and equipment shall be coordinated with Landlord’s contractor. Tenant shall reimburse Landlord on demand for the cost of repairing any damage to the Building caused by Tenant Improvement Contractor and its subcontractors during the construction of the Tenant Improvements. Upon completion of the Tenant Improvements, Tenant shall cause the Building and the Outside Areas to be clean and free from construction debris resulting from Tenant’s Tenant Improvement construction. Tenant shall submit to Landlord on or before the Lease Commencement Date (as defined in the Lease) a Certificate of Substantial Completion, AIA Document G704, by its Tenant Improvement Architect for the Final Tenant Improvement Plans, a copy of all final inspection cards for the Tenant Improvements signed by the appropriate City of Palo Alto inspector and the Temporary Certificate of Occupancy from the City of Palo Alto. Tenant shall submit to Landlord two CDs containing copies of all Tenant Improvement as-built plans and specifications, warranties, and operating manuals covering all of the work in the Final Tenant Improvement Plans. Tenant hereby assigns to Landlord on a non-exclusive basis any and all rights Tenant may have under such warranties, without in any way obligating Landlord to pursue or prosecute such rights. Tenant shall retain the right to pursue or prosecute any such rights to the extent that Landlord does not do so. Any minor work required for Tenant’s occupancy of the Leased Premises but not included in the Final Tenant Improvement Plans such as the procurement and installation of furniture, fixtures, equipment, interior artwork and signage, shall not require Landlord approval but shall be installed in a good and workmanlike manner by Tenant.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Guardant Health, Inc.)

Final Tenant Improvement Plans. ~~Tenant shall submit the approved Tenant Improvement Working Drawings~~ Prior to the ~~Palo Alto Building Department for a Tenant Improvement building permit prior~~ effective date of the ------------------------------ Lease, Lessor caused to ~~the commencement of such work. The Tenant Improvement Working Drawings as modified~~ be prepared and delivered to Lessee preliminary tenant improvement plans dated February 2, 1999 prepared by ~~the City of Palo Alto are defined herein as the “Final~~ Xxxxxxx X. Xxxx, A.I.A. ("Preliminary Tenant Improvement Plans~~.” Prior to commencing construction. Tenant shall deliver to Landlord a copy~~ ") which show the floor plan, layout, and architectural design of the ~~City~~ Tenant Improvements to be constructed by Lessor in the Premises. By execution of ~~Palo Alto building permit for~~ this Lease, Lessee shall be deemed to have approved the ~~Final~~ Preliminary Tenant Improvement Plans. ~~Any material~~ As soon as practicable following the execution of the Lease, Lessor shall complete and deliver to Lessee final plans, specifications and working drawings for the Tenant Improvements, which shall be subject to Lessee's approval. Such final plans, specifications and working drawings shall substantially conform to or represent logical developments from the Preliminary Tenant Improvement Plans. Within five (5) days following receipt of such plans specifications and working drawings, Lessee shall deliver to Lessor either: (i) written approval of such plans, specifications and working drawings which shall not be unreasonably withheld, or (ii) specify in writing its objections to such final plans, specifications and working drawings and all changes that must be made to the same to satisfy such objections; provided however, Lessee may only object to such final plans, specifications and working drawings on the basis that they do not substantially conform to or do not represent a logical development of the Preliminary Tenant Improvement Plans approved by Lessee. If Lessee does not deliver written objections to the plans, specifications and working drawings within the specified time period, Lessee shall be deemed to have approved the same. If Lessee delivers written objections within such time period, the parties shall promptly confer and use their best efforts to develop Final Tenant Improvement Plans that are acceptable to both Lessor and Lessee within ten (10) days thereafter. When Lessor and Lessee agree upon the final plans, specifications and working drawings for the Tenant Improvements, Lessor shall submit the same to all appropriate governmental agencies for approval. Immediately after all such governmental approvals have been obtained, and after such Final Tenant Improvement Plans have been approved by Lessor's Lender, if any, providing financing for construction of the Building and the Tenant Improvements, or financing for a portion of the cost of such Tenant Improvements, then such Final Tenant Improvement Plans shall be ~~subject to Landlord’s prior written approval~~initialed and dated by Lessor and Lessee or a representative of Lessor or Lessee. The final plans, ~~which shall not be unreasonably withheld. Any material deviation in construction from the design~~ specifications and ~~criteria set forth in~~ working drawings for the Tenant Improvements so approved by Lessor and Lessee (or their designated representatives) are referred to herein as the "Final Tenant Improvement Plans, other than as approved in writing by Landlord (such approval not to be unreasonably withheld or delayed), shall constitute a default for which Landlord may, within ten (10) business days after giving written notice to Tenant, elect to exercise the remedies available in the event of default under the provisions of this Lease, unless such default is cured within such ten (10) business day period, or, if the cure reasonably requires more than ten (10) business days, unless such default is cured as soon as reasonably practicable but in no event later than sixty (60) days after Landlord’s notice to Tenant. Only new materials shall be used in the construction of the Tenant Improvements, except with the written consent of Landlord. Tenant acknowledges that it will engage the Tenant Improvement Architect, the Tenant Improvement Project Manager, and the Tenant Improvement Contractor, and shall be solely responsible for the actions and omissions of its architects, engineers, contractors, and project/construction managers and for any loss, liability, claim, cost, damage or expense suffered by Landlord or any other entity or person as a result of the acts or omissions of its architect, engineers or project/construction managers. Landlord’s approval of any of Tenant’s architects, engineers or project/construction managers and of any documents prepared by any of them shall not be for the benefit of Tenant or any third party, and Landlord shall have no duty to Tenant or to any third parties for the actions or omissions of Tenant’s architects, engineers or project/construction managers. Tenant shall indemnify and hold harmless Landlord from and against any and all losses, costs, damages, claims and liabilities arising from the actions or omissions of Tenant’s architects, engineers and project/construction managers. The Tenant Improvements shall be constructed by Tenant Improvement Contractor in accordance with the Final Tenant Improvement Plans, in compliance with all of the terms and conditions of this Work Letter and the Lease, and with all applicable Laws and Restrictions. The Tenant Improvement Contractor shall obtain a builder’s risk policy of insurance in an amount and form and issued by a carrier reasonably satisfactory to Landlord, and its subcontractors shall carry worker’s compensation insurance for their employees as required by law. The builder’s risk policy of insurance shall name Landlord as an additional insured and shall not be cancelable without at least 30 days’ prior written notice to Landlord. Tenant shall notify Landlord of its intention to commence construction ten (10) days prior to commencement, which commencement shall allow for Tenant’s Improvements to be completed no later than December 31, 2007, subject to any delays caused by Landlord’s delay in responding to plans. Landlord shall have the right to post in a conspicuous location on the Building or the Premises, as well as record with the County of Santa Xxxxx, a Notice of Nonresponsibility. Tenant shall provide Landlord with a copy of the City of Palo Alto building permit allowing for the construction of the Final Tenant Improvement Plans prior to commencement of construction of the Tenant Improvements. Tenant shall, and shall cause Tenant’s Project Manager to, use commercially reasonable efforts to cause construction of the Final Tenant Improvement Plans to be performed in as efficient a manner as is commercially reasonable. All work to be performed inside or outside of the Building shall be coordinated with Landlord. Tenant and the Tenant Improvement Contractor shall conduct their work and employ labor in such manner as to maintain harmonious labor relations. Tenant shall complete construction of the Final Tenant Improvement Plans for the entirety of the Leased Premises to allow for occupancy (excepting cafeteria) no later than the Lease Commencement Date, subject to delays caused by Force Majeure. Tenant, at Tenant’s sole cost and expense, shall clear debris resulting from the Tenant Improvement construction as necessary so as not to interfere with the construction of the Landlord’s Work. No trash, or other debris, or other waste may be deposited at any time outside the Building except in containers reasonably approved by Landlord. If so, Landlord may, after written notice to Tenant, remove it at Tenant’s expense, which expense shall equal the cost of removal plus ten percent (10%) of such costs as a management fee. Storage of Tenant Improvement construction materials, tools and equipment shall be coordinated with Landlord’s contractor. Tenant shall reimburse Landlord on demand for the cost of repairing any damage to the Building caused by Tenant Improvement Contractor and its subcontractors during the construction of the Tenant Improvements. Upon completion of the Tenant Improvements, Tenant shall cause the Building and the Outside Areas to be clean and free from construction debris resulting from Tenant’s Tenant Improvement construction. Tenant shall submit to Landlord on or before the Lease Commencement Date (as defined in the Lease) a Certificate of Substantial Completion, AIA Document G704, by its Tenant Improvement Architect for the Final Tenant Improvement Plans, a copy of all final inspection cards for the Tenant Improvements signed by the appropriate City of Palo Alto inspector and the Temporary Certificate of Occupancy from the City of Palo Alto. Tenant shall submit to Landlord two CDs containing copies of all Tenant Improvement as-built plans and specifications, warranties, and operating manuals covering all of the work in the Final Tenant Improvement Plans. Tenant hereby assigns to Landlord on a non-exclusive basis any and all rights Tenant may have under such warranties, without in any way obligating Landlord to pursue or prosecute such rights. Tenant shall retain the right to pursue or prosecute any such rights to the extent that Landlord does not do so. Any minor work required for Tenant’s occupancy of the Leased Premises but not included in the Final Tenant Improvement Plans such as the procurement and installation of furniture, fixtures, equipment, interior artwork and signage, shall not require Landlord approval but shall be installed in a good and workmanlike manner by Tenant".

Appears in 1 contract

Samples: Improvement Agreement (Intek Information Inc)

Final Tenant Improvement Plans. Tenant shall submit the approved Tenant Improvement Working Drawings to the Palo Alto Building Department for a Tenant Improvement building permit prior to the commencement of such work. The Tenant Improvement Working Drawings as modified by the City of Palo Alto are defined herein as the “Final Tenant Improvement Plans.” Prior to commencing construction. , Tenant shall deliver to Landlord a copy of the City of Palo Alto building permit for the Final Tenant Improvement Plans. Any material changes to the Final Tenant Improvement Plans shall be subject to Landlord’s prior written approval, which shall not be unreasonably withheld, conditioned, or delayed. Any material deviation in construction from the design specifications and criteria set forth in the Final Tenant Improvement Plans, other than as approved in writing by Landlord (such approval not to be unreasonably withheld or delayed), shall constitute a default for which Landlord may, within ten (10) business days after giving written notice to Tenant, elect to exercise the remedies available in the event of default under the provisions of this Lease, unless such default is cured within such ten (10) business day period, or, if the cure reasonably requires more than ten (10) business days, unless such default is cured as soon as reasonably practicable but in no event later than sixty (60) days after Landlord’s notice to Tenant. Only new materials shall be used in the construction of the Tenant Improvements~~, except with the written consent of Landlord~~. Tenant acknowledges that it will engage the Tenant Improvement Architect, the Tenant Improvement Project Manager, and the Tenant Improvement Contractor, and shall be solely responsible for the actions and omissions of its architects, engineers, contractors, and project/construction managers and for any loss, liability, claim, cost, damage or expense suffered by Landlord or any other entity or person as a result of the acts or omissions of its architect, engineers or project/construction managers. Landlord’s approval of any of Tenant’s architects, engineers or project/construction managers and of any documents prepared by any of them shall not be for the benefit of Tenant or any third party, but shall simply permit Tenant to proceed with construction of the Tenant Improvements pursuant to such approved plans, and Landlord shall have no duty to Tenant or to any third parties for the actions or omissions of Tenant’s architects, engineers or project/construction managers. Tenant shall indemnify and hold harmless Landlord from and against any and all losses, costs, damages, claims and liabilities arising from the actions or omissions of Tenant’s architects, engineers and project/construction managers. The Tenant Improvements shall be constructed by Tenant Improvement Contractor substantially in accordance with the Final Tenant Improvement Plans, in compliance with all of the terms and conditions of this Work ~~Letter and~~ Letter, the Lease, and ~~with~~ all applicable Laws and Restrictions. The Tenant Improvement Contractor shall obtain a builder’s risk policy of insurance and general liability insurance policy with excess umbrella coverage in an amount and form and issued by a carrier reasonably satisfactory to Landlord, and its subcontractors shall carry worker’s compensation insurance for their employees as required by ~~law~~law and general liability insurance policy with excess umbrella coverage in an amount and form and issued by a carrier reasonably satisfactory to Landlord. The builder’s risk policy of and all other insurance required above shall name Landlord and its affiliates as an additional insured and shall not be cancelable without at least 30 thirty (30) days’ prior written notice to Landlord. Tenant shall notify Landlord of its intention to commence construction of the Tenant Improvements ten (10) days prior to ~~commencement~~commencement and shall again notify Landlord of actual commencement within one (1) business day thereafter, which commencement shall allow for Tenant’s Improvements to be completed no later than ~~December 31, 2007~~one hundred eighty (180) days after commencement, subject to any delays caused by Landlord’s delay in responding to plans. Landlord shall have the right to post in a conspicuous location on ~~the~~ Building 2 or the Leased Premises, as well as record with the County of Santa Xxxxx, a Notice of Nonresponsibility. Tenant shall provide Landlord with a copy of the City of Palo Alto building permit allowing for the construction of the Final Tenant Improvement Plans prior to commencement of construction of the Tenant Improvements. Notwithstanding that Paragraph 2.3 of the Lease provides for Tenant being entitled to occupancy of the Leased Premises only four (4) weeks prior to the date then anticipated by Landlord to be the Lease Commencement Date, Landlord agrees to work with Tenant to develop a reasonable phasing plan that would permit the Tenant Improvement Contractor (and the mechanical, electrical, and plumbing subcontractors in particular) to gain access to the Leased Premises from time to time at logical intervals while the Base Building Work is being performed, in order to achieve efficiencies in constructing the Tenant Improvements, but designed so as to avoid any delay in the completion of the Base Building Work by Landlord. Tenant acknowledges and agrees that neither the Tenant Improvement Contractor nor any of the subcontractors shall be permitted access prior to Building 2 being watertight, that the timing of access to Building 2 and intervals and schedule for the Tenant Improvement Contractor and all subcontractors must be agreed upon in writing by Landlord and Tenant prior to such access being granted, and that Landlord is entitled to deny access if Landlord reasonably concludes that access at times proposed by Tenant could be expected to delay Landlord in achieving the Required Delivery Condition. Tenant shall, and shall cause ~~Tenant’s Project Manager~~ the Tenant Improvement Contractor to, use commercially reasonable efforts to cause construction of the Final Tenant Improvement Plans to be performed in as efficient a manner as is commercially reasonable. All work to be performed inside or outside of ~~the~~ Building 2 shall be coordinated with Landlord. Tenant and the Tenant Improvement Contractor shall conduct their work and employ labor in such manner as to maintain harmonious labor relations. Tenant shall ~~complete~~ diligently pursue to completion, the construction of the Final Tenant Improvement Plans for the entirety of the Leased ~~Premises to allow for occupancy (excepting cafeteria) no later than the Lease Commencement Date, subject to delays caused by Force Majeure~~Premises. Tenant, at Tenant’s sole cost and expense, shall clear debris resulting from the Tenant Improvement construction as necessary so as not to interfere with the construction of the ~~Landlord’s~~ Base Building Work. No trash, or other debris, or other waste may be deposited at any time outside ~~the~~ Building 2 except in containers reasonably approved by Landlord. If so, Landlord may, after written notice to Tenant, remove it at Tenant’s expense, which expense shall equal the cost of removal plus ten percent (10%) of such costs as a management fee. Storage of Tenant Improvement construction materials, tools and equipment shall be coordinated with Landlord’s ~~contractor~~Contractor and be stored in the designated area allocated by the Landlord’s Contractor in its site utilization plan. Subject to Paragraph 9.3 of the Lease, Tenant shall reimburse Landlord on demand for the cost of repairing any damage to ~~the~~ Building 2 caused by Tenant Improvement Contractor and its subcontractors during the construction of the Tenant Improvements. Upon completion of the Tenant Improvements, Tenant shall cause ~~the~~ Building 2 and the ~~Outside~~ Common Areas to be clean and free from construction debris resulting from Tenant’s Tenant Improvement construction. Tenant will ensure that the Tenant Improvement Contractor strictly adheres to the agreed upon schedule and does not cause any delays to Landlord’s construction schedule. Tenant and Tenant Improvement Contractor will ensure that labor-related issues do not impact the construction schedule of the Base Building Work by appropriately implementing approved procedures and, if necessary, placement of “dual gate” systems, etc., if there is a labor dispute. Tenant shall submit to Landlord on or before taking occupancy of the ~~Lease Commencement Date (as defined in~~ Leased Premises for the ~~Lease)~~ purpose of conducting business, a Certificate of Substantial Completion, AIA Document G704, by its Tenant Improvement Architect for the Final Tenant Improvement Plans, a copy of all final inspection cards for the Tenant Improvements signed by the appropriate City of Palo Alto inspector and the Temporary Certificate of Occupancy from the City of Palo Alto. Tenant shall submit to Landlord two CDs containing copies of all Tenant Improvement as-built plans and specifications, warranties, and operating manuals covering all of the work in the Final Tenant Improvement Plans. Tenant hereby assigns to Landlord on a non-exclusive basis any and all rights Tenant may have under such warranties, without in any way obligating Landlord to pursue or prosecute such rights. Tenant shall retain the right to pursue or prosecute any such rights to the extent that Landlord does not do so. Any minor work required for Tenant’s occupancy of the Leased Premises but not included in the Final Tenant Improvement Plans such as the procurement and installation of furniture, fixtures, equipment, interior artwork and signage, shall not require Landlord approval but shall be installed in a good and workmanlike manner by Tenant.

Appears in 1 contract

Samples: By and Between (Applovin Corp)

Final Tenant Improvement Plans. Tenant shall submit the approved Tenant Improvement Working Drawings to the ~~Palo Alto~~ Santa Xxxxx Building Department for a Tenant Improvement building permit prior to the commencement of such work. The Tenant Improvement Working Drawings as modified by the City ~~of Palo Alto~~ are defined herein as the “Final Tenant Improvement Plans.” Prior to commencing construction. , Tenant shall deliver to Landlord a copy of the City of ~~Palo Alto~~ Santa Xxxxx building permit for the Final Tenant Improvement Plans. Tenant shall have the right to install a key card security system for the exterior doors of the Buildings and in the elevator cabs, subject to Landlord’s approval over the plans and specifications therefor as set forth below. Tenant shall have the right, but not the obligation, to achieve LEED Silver, Gold or Platinum for the Tenant Improvements. In addition, Tenant, at Tenant’s sole discretion, may elect not to achieve any LEED certification. Tenant shall have the exclusive right, as an element of its Tenant Improvements, to install interior improvements to be included in the Amenities Building, which may include a cafeteria, gym, fitness center, and training and conference facilities. Any material changes to the Final Tenant Improvement Plans shall be subject to Landlord’s prior written approval, which shall not be unreasonably withheld. Any material deviation in construction from the design specifications and criteria set forth in the Final Tenant Improvement Plans, other than as approved in writing by Landlord (such approval not to be unreasonably withheld or delayed), shall constitute a default for which Landlord may, within ten (10) business days after giving written notice to Tenant, elect to exercise the remedies available in the event of default under the provisions of this Lease, unless such default is cured within such ten (10) business day period, or, if the cure reasonably requires more than ten (10) business days, unless such default is cured as soon as reasonably practicable but in no event later than sixty (60) days after Landlord’s notice to Tenant. Only new materials or other materials of good quality (such as recycled or reclaimed materials) shall be used in the construction of the Tenant Improvements, except with the written consent of Landlord, which consent shall not be unreasonably withheld. Tenant acknowledges that it will engage the Tenant Improvement Architect, the Tenant Improvement Project Manager, and the Tenant Improvement Contractor, and Landlord shall not be ~~solely responsible~~ liable for the actions and omissions of ~~its~~ Tenant’s architects, engineers, contractors, and ~~project/construction managers~~ project/ Exhibit C Building F and ~~for any loss, liability, claim, cost, damage or expense suffered by Landlord or any other entity or person as a result of the acts or omissions of its architect, engineers or project/~~Amenities Building construction managers. Landlord’s approval of any of Tenant’s architects, engineers or project/construction managers and of any documents prepared by any of them shall not be for the benefit of Tenant or any third party, and Landlord shall have no duty to Tenant or to any third parties for the actions or omissions of Tenant’s architects, engineers or project/construction managers. Tenant shall indemnify and hold harmless Landlord from and against any and all losses, costs, damages, claims and liabilities arising from the actions or omissions of Tenant’s architects, engineers and project/construction managers. The Tenant Improvements shall be constructed by Tenant Improvement Contractor in accordance with the Final Tenant Improvement Plans, in compliance with all of the terms and conditions of this Work Letter and the Lease, and with all applicable Laws and Restrictions. ~~The~~ Tenant or the Tenant Improvement Contractor shall obtain a builder’s risk policy of insurance in an amount and form and issued by a carrier reasonably satisfactory to Landlord, and its subcontractors shall carry worker’s compensation insurance for their employees as required by law. The builder’s risk policy of insurance shall name Landlord as an additional insured and shall not be ~~cancelable~~ cancelled without at least 30 thirty (30) days’ prior written notice to Landlord. Tenant shall notify Landlord of its intention to commence construction ten (10) days prior to ~~commencement, which~~ commencement and shall ~~allow for Tenant’s Improvements to be completed no later than December 31, 2007, subject to any delays caused by Landlord’s delay in responding to plans~~again notify Landlord of actual commencement within one (1) business day thereafter. Landlord shall have the right to post in a conspicuous location on the ~~Building~~ Buildings or the Leased Premises, as well as record with the County of Santa Xxxxx, a Notice of Nonresponsibility. Tenant shall provide Landlord with a copy of the City of ~~Palo Alto~~ Santa Xxxxx building permit allowing for the construction of the Final Tenant Improvement Plans prior to commencement of construction of the Tenant Improvements. Tenant shall, and shall cause Tenant’s Project Manager to, use commercially reasonable efforts to cause construction of the Final Tenant Improvement Plans to be performed in as efficient a manner as is commercially reasonable. All work to be performed inside or outside of the ~~Building~~ Buildings shall be coordinated with Landlord. Tenant and the Tenant Improvement Contractor shall conduct their work and employ labor in such manner as to maintain harmonious labor relations. , and Landlord and Tenant shall ~~complete construction of the Final Tenant Improvement Plans for the entirety of the Leased Premises~~ reasonably cooperate with each other with respect to ~~allow for occupancy (excepting cafeteria) no later than the Lease Commencement Date, subject to delays caused by Force Majeure. Tenant, at Tenant~~securing their respective entitlements/building permits and avoiding interfering with each other’s sole cost and expense, shall clear debris resulting from the Tenant Improvement construction as necessary so as not to interfere with the construction of the Landlord’s Work. No trash, or other debris, or other waste may be deposited at any time outside the Building except in containers reasonably approved by Landlord. If so, Landlord may, after written notice to Tenant, remove it at Tenant’s expense, which expense shall equal the cost of removal plus ten percent (10%) of such costs as a management fee. Storage of Tenant Improvement construction materials, tools and equipment shall be coordinated with Landlord’s contractor. Tenant shall reimburse Landlord on demand for the cost of repairing any damage to the Building caused by Tenant Improvement Contractor and its subcontractors during the construction of the Tenant Improvements. Upon completion of the Tenant Improvements, Tenant shall cause the Building and the Outside Areas to be clean and free from construction debris resulting from Tenant’s Tenant Improvement constructionrespective work. Tenant shall submit to Landlord on or before the Lease Commencement Date (as defined in the Lease) a Certificate of Substantial Completion, AIA Document G704, by its Tenant Improvement Architect for the Final Tenant Improvement Plans, a copy of all final inspection cards for the Tenant Improvements signed by the appropriate City of ~~Palo Alto~~ Santa Xxxxx inspector and the Temporary Certificate of Occupancy from the City of ~~Palo Alto~~Santa Xxxxx. Tenant shall submit to Landlord two CDs containing copies of all Tenant Improvement as-built plans and ~~specifications~~specifications (including but not limited to final as-built design-build mechanical, electrical, and plumbing plans), warranties, and operating manuals covering all of the work in the Final Tenant Improvement Plans. Tenant hereby assigns to Landlord on a non-exclusive basis any and all rights Tenant may have under such warranties, without in any way obligating Landlord to pursue or prosecute such rights. Tenant shall retain the right to pursue or prosecute any such rights to the extent that Landlord does not do so. Any minor work required for Tenant’s occupancy of the Leased Premises but not included in the Final Tenant Improvement Plans such as the procurement and installation of furniture, fixtures, equipment, interior artwork and signage, shall not require Landlord approval but shall be installed in a good and workmanlike manner by Tenant.

Appears in 1 contract

Samples: Non Disturbance Agreement (Palo Alto Networks Inc)

Final Tenant Improvement Plans. Tenant shall submit the approved Tenant Improvement Working Drawings to the Palo Alto Building Department for a Tenant Improvement building permit prior to the commencement of such work. The Tenant Improvement Working Drawings as modified by the City of Palo Alto are defined herein as the “Final Tenant Improvement Plans.” Prior to commencing construction. , Tenant shall deliver to Landlord a copy of the City of Palo Alto building permit for the Final Tenant Improvement Plans. To the extent any of Landlord’s responses to Tenant’s submittals are delayed beyond the time frames set forth above, each day a response is so delayed shall be taken into account in the definition of “Landlord Delay” in Paragraph 6 below. Any material changes to the Final Tenant Improvement Plans shall be subject to Landlord’s prior written approval, which shall not be unreasonably withheld. Within ten (10) business days after receipt of Tenant’s request for a material change to the Final Tenant Improvement Plans accompanied by revised drawings with sufficient detail, Landlord shall approve such request in writing and/or suggest modifications thereto. If Landlord does not respond within such ten (10) business day period, each day a response is so delayed shall be taken into account in the definition of “Landlord Delay” in Paragraph 6 below. Any material deviation in construction from the design specifications and criteria set forth in the Final Tenant Improvement Plans, other than as approved in writing by Landlord (such approval not to be unreasonably withheld or delayed), shall constitute a default for which Landlord may, within ten (10) business days after giving written notice to Tenant, elect to exercise the remedies available in the event of default under the provisions of this Lease, unless such default is cured within such ten (10) business day period, or, if the cure reasonably requires more than ten (10) business days, unless such default is cured as soon as reasonably practicable but in no event later than sixty (60) days after Landlord’s notice to Tenant. Only new materials shall be used in the construction of the Tenant Improvements, except with the written consent of Landlord, which shall not be unreasonably withheld, conditioned or delayed. Tenant acknowledges that it will engage the Tenant Improvement Architect, the Tenant Improvement Project Manager, and the Tenant Improvement Contractor, and shall be ~~solely~~ responsible for the actions and omissions of its architects, engineers, contractors, and project/construction managers arising solely with respect to the Tenant Improvements and for any loss, liability, claim, cost, damage or expense suffered by Landlord or any other entity or person as a result of the acts or omissions of its architect, engineers or project/construction ~~managers~~managers arising solely with respect to the Tenant Improvement. For clarification, if Tenant retains Landlord’s ~~approval of~~ Contractor or any ~~of Tenant’s architects~~other party which Landlord also retains for Base Building Work, ~~engineers or project/construction managers and of any documents prepared by any of them~~ Tenant shall not be ~~for the benefit of Tenant~~ responsible such contractor’s or ~~any third~~ other party~~, and Landlord shall have no duty to Tenant or to any third parties for the~~ ’s actions or omissions ~~of Tenant’s architects, engineers~~ with respect to or ~~project/construction managers. Tenant shall indemnify and hold harmless Landlord from and against any and all losses, costs, damages, claims and liabilities~~ arising from ~~the actions~~ its performance of Base Building Work and/or any loss, liability, claim, cost, damage or ~~omissions of Tenant’s architects, engineers and project/construction managers. The Tenant Improvements shall be constructed~~ expense suffered by Tenant Improvement Contractor in accordance with the Final Tenant Improvement Plans, in compliance with all of the terms and conditions of this Work Letter and the Lease, and with all applicable Laws and Restrictions. The Tenant Improvement Contractor shall obtain a builder’s risk policy of insurance in an amount and form and issued by a carrier reasonably satisfactory to Landlord, and its subcontractors shall carry worker’s compensation insurance for their employees as required by law. The builder’s risk policy of insurance shall name Landlord as an additional insured and shall not be cancelable without at least 30 days’ prior written notice to Landlord. Tenant shall notify Landlord of its intention to commence construction ten (10) days prior to commencement, which commencement shall allow for Tenant’s Improvements to be completed no later than December 31, 2007, subject to or any ~~delays caused by Landlord’s delay in responding to plans. Landlord shall have the right to post in a conspicuous location on the Building~~ other entity or the Premises, as well as record with the County of Santa Xxxxx, a Notice of Nonresponsibility. Tenant shall provide Landlord with a copy of the City of Palo Alto building permit allowing for the construction of the Final Tenant Improvement Plans prior to commencement of construction of the Tenant Improvements. Tenant shall, and shall cause Tenant’s Project Manager to, use commercially reasonable efforts to cause construction of the Final Tenant Improvement Plans to be performed in as efficient a manner as is commercially reasonable. All work to be performed inside or outside of the Building shall be coordinated with Landlord. Tenant and the Tenant Improvement Contractor shall conduct their work and employ labor in such manner as to maintain harmonious labor relations. Tenant shall complete construction of the Final Tenant Improvement Plans for the entirety of the Leased Premises to allow for occupancy (excepting cafeteria) no later than the Lease Commencement Date, subject to delays caused by Force Majeure. Tenant, at Tenant’s sole cost and expense, shall clear debris resulting from the Tenant Improvement construction as necessary so as not to interfere with the construction of the Landlord’s Work. No trash, or other debris, or other waste may be deposited at any time outside the Building except in containers reasonably approved by Landlord. If so, Landlord may, after written notice to Tenant, remove it at Tenant’s expense, which expense shall equal the cost of removal plus ten percent (10%) of such costs person as a management fee. Storage of Tenant Improvement construction materials, tools and equipment shall be coordinated with Landlord’s contractor. Tenant shall reimburse Landlord on demand for the cost of repairing any damage to the Building caused by Tenant Improvement Contractor and its subcontractors during the construction of the Tenant Improvements. Upon completion of the Tenant Improvements, Tenant shall cause the Building and the Outside Areas to be clean and free from construction debris resulting from Tenant’s Tenant Improvement construction. Tenant shall submit to Landlord on or before the Lease Commencement Date (as defined in the Lease) a Certificate of Substantial Completion, AIA Document G704, by its Tenant Improvement Architect for the Final Tenant Improvement Plans, a copy of all final inspection cards for the Tenant Improvements signed by the appropriate City of Palo Alto inspector and the Temporary Certificate of Occupancy from the City of Palo Alto. Tenant shall submit to Landlord two CDs containing copies of all Tenant Improvement as-built plans and specifications, warranties, and operating manuals covering all of the work in the Final Tenant Improvement Plans. Tenant hereby assigns to Landlord on a non-exclusive basis any and all rights Tenant may have under such warranties, without in any way obligating Landlord to pursue or prosecute such rights. Tenant shall retain the right to pursue or prosecute any such rights to the extent that Landlord does not do so. Any minor work required for Tenant’s occupancy of the Leased Premises but not included in the Final Tenant Improvement Plans such as the procurement and installation of furniture, fixtures, equipment, interior artwork and signage, shall not require Landlord approval but shall be installed in a good and workmanlike manner by Tenant.result of

Appears in 1 contract

Samples: By And (Kodiak Sciences Inc.)

Final Tenant Improvement Plans. Tenant shall submit the approved Tenant Improvement Working Drawings to the ~~Palo Alto~~ Santa Xxxxx Building Department for a Tenant Improvement building permit prior to the commencement of such work. The Tenant Improvement Working Drawings as modified by the City ~~of Palo Alto~~ are defined herein as the “Final Tenant Improvement Plans.” Prior to commencing construction. , Tenant shall deliver to Landlord a copy of the City of ~~Palo Alto~~ Santa Xxxxx building permit for the Final Tenant Improvement Plans. Tenant shall have the right to install a key card security system for the exterior doors of the Building and in the elevator cabs, subject to Landlord’s approval over the plans and specifications therefor as set forth below. Tenant shall have the right, but not the obligation, to achieve LEED Silver, Gold or Platinum for the Tenant Improvements. In addition, Tenant, at Tenant’s sole discretion, may elect not to achieve any LEED certification. Any material changes to the Final Tenant Improvement Plans shall be subject to Landlord’s prior written approval, which shall not be unreasonably withheld. Any material deviation in construction from the design specifications and criteria set forth in the Final Tenant Improvement Plans, other than as approved in writing by Landlord (such approval not to be unreasonably withheld or delayed), shall constitute a default for which Landlord may, within ten (10) business days after giving written notice to Tenant, elect to exercise the remedies available in the event of default under the provisions of this Lease, unless such default is cured within such ten (10) business day period, or, if the cure reasonably requires more than ten (10) business days, unless such default is cured as soon as reasonably practicable but in no event later than sixty (60) days after Landlord’s notice to Tenant. Only new materials or other materials of good quality (such as recycled or reclaimed materials) shall be used in the construction of the Tenant Improvements, except with the written consent of Landlord, which consent shall not be unreasonably withheld. Tenant acknowledges that it will engage the Tenant Improvement Architect, the Tenant Improvement Project Manager, and the Tenant Improvement Contractor, and Landlord shall not be ~~solely responsible~~ liable for the actions and omissions of ~~its~~ Tenant’s architects, engineers, contractors, and project/construction managers and for any loss, liability, claim, cost, damage or expense suffered by Landlord or any other entity or person as a result of the acts or omissions of its architect, engineers or project/construction managers. Landlord’s approval of any of Tenant’s architects, engineers or project/construction managers and of any documents prepared by any of them shall not be for the benefit of Tenant or any third party, and Landlord shall have no duty to Tenant or to any third parties for the actions or omissions of Tenant’s architects, engineers or project/construction managers. Tenant shall indemnify and hold harmless Landlord from and against any and all losses, costs, damages, claims and liabilities arising from the actions or omissions of Tenant’s architects, engineers and project/construction managers. Exhibit C Building E The Tenant Improvements shall be constructed by Tenant Improvement Contractor in accordance with the Final Tenant Improvement Plans, in compliance with all of the terms and conditions of this Work Letter and the Lease, and with all applicable Laws and Restrictions. ~~The~~ Tenant or the Tenant Improvement Contractor shall obtain a builder’s risk policy of insurance in an amount and form and issued by a carrier reasonably satisfactory to Landlord, and its subcontractors shall carry worker’s compensation insurance for their employees as required by law. The builder’s risk policy of insurance shall name Landlord as an additional insured and shall not be ~~cancelable~~ cancelled without at least 30 thirty (30) days’ prior written notice to Landlord. Tenant shall notify Landlord of its intention to commence construction ten (10) days prior to ~~commencement, which~~ commencement and shall ~~allow for Tenant’s Improvements to be completed no later than December 31, 2007, subject to any delays caused by Landlord’s delay in responding to plans~~again notify Landlord of actual commencement within one (1) business day thereafter. Landlord shall have the right to post in a conspicuous location on the Building or the Leased Premises, as well as record with the County of Santa Xxxxx, a Notice of Nonresponsibility. Tenant shall provide Landlord with a copy of the City of ~~Palo Alto~~ Santa Xxxxx building permit allowing for the construction of the Final Tenant Improvement Plans prior to commencement of construction of the Tenant Improvements. Tenant shall, and shall cause Tenant’s Project Manager to, use commercially reasonable efforts to cause construction of the Final Tenant Improvement Plans to be performed in as efficient a manner as is commercially reasonable. All work to be performed inside or outside of the Building shall be coordinated with Landlord. Tenant and the Tenant Improvement Contractor shall conduct their work and employ labor in such manner as to maintain harmonious labor relations. , and Landlord and Tenant shall ~~complete construction of the Final Tenant Improvement Plans for the entirety of the Leased Premises~~ reasonably cooperate with each other with respect to ~~allow for occupancy (excepting cafeteria) no later than the Lease Commencement Date, subject to delays caused by Force Majeure. Tenant, at Tenant~~securing their respective entitlements/building permits and avoiding interfering with each other’s sole cost and expense, shall clear debris resulting from the Tenant Improvement construction as necessary so as not to interfere with the construction of the Landlord’s Work. No trash, or other debris, or other waste may be deposited at any time outside the Building except in containers reasonably approved by Landlord. If so, Landlord may, after written notice to Tenant, remove it at Tenant’s expense, which expense shall equal the cost of removal plus ten percent (10%) of such costs as a management fee. Storage of Tenant Improvement construction materials, tools and equipment shall be coordinated with Landlord’s contractor. Tenant shall reimburse Landlord on demand for the cost of repairing any damage to the Building caused by Tenant Improvement Contractor and its subcontractors during the construction of the Tenant Improvements. Upon completion of the Tenant Improvements, Tenant shall cause the Building and the Outside Areas to be clean and free from construction debris resulting from Tenant’s Tenant Improvement constructionrespective work. Tenant shall submit to Landlord on or before the Lease Commencement Date (as defined in the Lease) a Certificate of Substantial Completion, AIA Document G704, by its Tenant Improvement Architect for the Final Tenant Improvement Plans, a copy of all final inspection cards for the Tenant Improvements signed by the appropriate City of ~~Palo Alto~~ Santa Xxxxx inspector and the Temporary Certificate of Occupancy from the City of ~~Palo Alto~~Santa Xxxxx. Tenant shall submit to Landlord two CDs containing copies of all Tenant Improvement as-built plans and ~~specifications~~specifications (including but not limited to final as-built design-build mechanical, electrical, and plumbing plans), warranties, and operating manuals covering all of the work in the Final Tenant Improvement Plans. Tenant hereby assigns to Landlord on a non-exclusive basis any and all rights Tenant may have under such warranties, without in any way obligating Landlord to pursue or prosecute such rights. Tenant shall retain the right to pursue or prosecute any such rights to the extent that Landlord does not do so. Any minor work required for Tenant’s occupancy of the Leased Premises but not included in the Final Tenant Improvement Plans such as the procurement and installation of furniture, fixtures, equipment, interior artwork and signage, shall not require Landlord approval but shall be installed in a good and workmanlike manner by Tenant.

Appears in 1 contract

Samples: Disturbance Agreement (Palo Alto Networks Inc)

Final Tenant Improvement Plans. Tenant shall submit the approved Tenant Improvement Working Drawings to the Palo Alto Building Department for a Tenant Improvement building permit prior to the commencement of such work. The Tenant Improvement Working Drawings as modified by the City of Palo Alto are defined herein as the “Final Tenant Improvement Plans.” Prior to commencing construction. , Tenant shall deliver to Landlord a copy of the City of Palo Alto building permit for the Final Tenant Improvement Plans. To the extent any of Landlord’s responses to Tenant’s submittals are delayed beyond the time frames set forth above, each day a response is so delayed shall be taken into account in the definition of “Landlord Delay” in Paragraph 6 below. Any material changes to the Final Tenant Improvement Plans shall be subject to Landlord’s prior written approval, which shall not be unreasonably withheld. Within ten (10) business days after receipt of Tenant’s request for a material change to the Final Tenant Improvement Plans accompanied by revised drawings with sufficient detail, Landlord shall approve such request in writing and/or suggest modifications thereto. If Landlord does not respond within such ten (10) business day period, each day a response is so delayed shall be taken into account in the definition of “Landlord Delay” in Paragraph 6 below. Any material deviation in construction from the design specifications and criteria set forth in the Final Tenant Improvement Plans, other than as approved in writing by Landlord (such approval not to be unreasonably withheld or delayed), shall constitute a default for which Landlord may, within ten (10) business days after giving written notice to Tenant, elect to exercise the remedies available in the event of default under the provisions of this Lease, unless such default is cured within such ten (10) business day period, or, if the cure reasonably requires more than ten (10) business days, unless such default is cured as soon as reasonably practicable but in no event later than sixty (60) days after Landlord’s notice to Tenant. Only new materials shall be used in the construction of the Tenant Improvements, except with the written consent of Landlord, which shall not be unreasonably withheld, conditioned or delayed. Tenant acknowledges that it will engage the Tenant Improvement Architect, the Tenant Improvement Project Manager, and the Tenant Improvement Contractor, and shall be ~~solely~~ responsible for the actions and omissions of its architects, engineers, contractors, and project/construction managers arising solely with respect to the Tenant Improvements and for any loss, liability, claim, cost, damage or expense suffered by Landlord or any other entity or person as a result of the acts or omissions of its architect, engineers or project/construction ~~managers~~managers arising solely with respect to the Tenant Improvement. For clarification, if Tenant retains Landlord’s Contractor or any other party which Landlord also retains for Base Building Work, Tenant shall not be responsible such contractor’s or other party’s actions or omissions with respect to or arising from its performance of Base Building Work and/or any loss, liability, claim, cost, damage or expense suffered by Landlord or any other entity or person as a result of the acts or omissions of such contractor or other party. Landlord’s approval of any of Tenant’s architects, engineers or project/construction managers and of any documents prepared by any of them shall not be for the benefit of Tenant or any third party, and Landlord shall have no duty to Tenant or to any third parties for the actions or omissions of Tenant’s architects, engineers or project/construction ~~managers~~managers except with respect to or arising from Base Building Work if Landlord has retained Tenant’s architects, engineers or project/construction managers with respect thereto. Tenant shall indemnify and hold harmless Landlord from and against any and all losses, costs, damages, claims and liabilities arising solely from the actions or omissions of Tenant’s architects, engineers and project/construction ~~managers. The~~ managers with respect to the Tenant Improvements ~~shall be constructed by Tenant Improvement Contractor in accordance with~~ only. Notwithstanding anything herein to the ~~Final Tenant Improvement Plans~~contrary, in compliance with all of the terms and conditions of this Work Letter and the Lease, and with all applicable Laws and Restrictions. The Tenant Improvement Contractor shall obtain a builder’s risk policy of insurance in an amount and form and issued by a carrier reasonably satisfactory to Landlord, and its subcontractors shall carry worker’s compensation insurance for their employees as required by law. The builder’s risk policy of insurance shall name Landlord as an additional insured and shall not be cancelable without at least 30 days’ prior written notice to Landlord. Tenant shall ~~notify Landlord of its intention~~ have no obligation to ~~commence construction ten (10) days prior~~ pay any administrative, coordination or supervision fees to commencement, which commencement shall allow for Tenant’s Improvements to be completed no later than December 31, 2007, subject to any delays caused by Landlord’s delay in responding to plans. Landlord shall have the right to post in a conspicuous location on the Building or the Premises, as well as record with the County of Santa Xxxxx, a Notice of Nonresponsibility. Tenant shall provide Landlord with ~~a copy of the City of Palo Alto building permit allowing for the construction of the Final Tenant Improvement Plans prior~~ respect to ~~commencement of construction of~~ the Tenant Improvements. Tenant shall, and shall cause Tenant’s Project Manager to, use commercially reasonable efforts to cause construction of the Final Tenant Improvement Plans to be performed in as efficient a manner as is commercially reasonable. All work to be performed inside or outside of the Building shall be coordinated with Landlord. Tenant and the Tenant Improvement Contractor shall conduct their work and employ labor in such manner as to maintain harmonious labor relations. Tenant shall complete construction of the Final Tenant Improvement Plans for the entirety of the Leased Premises to allow for occupancy (excepting cafeteria) no later than the Lease Commencement Date, subject to delays caused by Force Majeure. Tenant, at Tenant’s sole cost and expense, shall clear debris resulting from the Tenant Improvement construction as necessary so as not to interfere with the construction of the Landlord’s Work. No trash, or other debris, or other waste may be deposited at any time outside the Building except in containers reasonably approved by Landlord. If so, Landlord may, after written notice to Tenant, remove it at Tenant’s expense, which expense shall equal the cost of removal plus ten percent (10%) of such costs as a management fee. Storage of Tenant Improvement construction materials, tools and equipment shall be coordinated with Landlord’s contractor. Tenant shall reimburse Landlord on demand for the cost of repairing any damage to the Building caused by Tenant Improvement Contractor and its subcontractors during the construction of the Tenant Improvements. Upon completion of the Tenant Improvements, Tenant shall cause the Building and the Outside Areas to be clean and free from construction debris resulting from Tenant’s Tenant Improvement construction. Tenant shall submit to Landlord on or before the Lease Commencement Date (as defined in the Lease) a Certificate of Substantial Completion, AIA Document G704, by its Tenant Improvement Architect for the Final Tenant Improvement Plans, a copy of all final inspection cards for the Tenant Improvements signed by the appropriate City of Palo Alto inspector and the Temporary Certificate of Occupancy from the City of Palo Alto. Tenant shall submit to Landlord two CDs containing copies of all Tenant Improvement as-built plans and specifications, warranties, and operating manuals covering all of the work in the Final Tenant Improvement Plans. Tenant hereby assigns to Landlord on a non-exclusive basis any and all rights Tenant may have under such warranties, without in any way obligating Landlord to pursue or prosecute such rights. Tenant shall retain the right to pursue or prosecute any such rights to the extent that Landlord does not do so. Any minor work required for Tenant’s occupancy of the Leased Premises but not included in the Final Tenant Improvement Plans such as the procurement and installation of furniture, fixtures, equipment, interior artwork and signage, shall not require Landlord approval but shall be installed in a good and workmanlike manner by Tenant.

Appears in 1 contract

Samples: Non Disturbance and Attornment Agreement (Kodiak Sciences Inc.)

Final Tenant Improvement Plans. Tenant shall submit the approved Tenant Improvement Working Drawings to the ~~Palo Alto Building Department~~ local building department for a Tenant Improvement building permit prior to the commencement of such work. The Tenant Improvement Working Drawings as modified by the ~~City of Palo Alto~~ local governing body are defined herein as the “Final Tenant Improvement Plans.” Prior to commencing construction. , Tenant shall deliver to Landlord a copy of the ~~City of Palo Alto~~ building permit for the Final Tenant Improvement Plans. Any material changes to the Final Tenant Improvement Plans shall be subject to Landlord’s prior written approval, which shall not be unreasonably withheld. Any material deviation in construction from the design specifications and criteria set forth in the Final Tenant Improvement Plans, other than as approved in writing by Landlord (such approval not to be unreasonably withheld or delayed), shall constitute a default for which Landlord may, within ten (10) business days after giving written notice to Tenant, elect to exercise the remedies available in the event of default under the provisions of this Lease, unless such default is cured within such ten (10) business day period, or, if the cure reasonably requires more than ten (10) business days, unless such default is cured as soon as reasonably practicable but in no event later than sixty (60) days after Landlord’s notice to Tenant. Only new materials shall be used in the construction of the Tenant Improvements, except with the written consent of Landlord. Tenant acknowledges that it will engage the Tenant Improvement Architect, the Tenant Improvement Project Manager, and the Tenant Improvement Contractor, and shall be solely responsible for the actions and omissions of its architects, engineers, contractors, and project/construction managers and for any loss, liability, claim, cost, damage or expense suffered by Landlord ~~or any other entity or person~~ as a result of the acts or omissions of its architect, engineers or project/construction managers. Landlord’s approval of any of Tenant’s architects, engineers or project/construction managers and of any documents prepared by any of them shall not be for the benefit of Tenant or any third party, and Landlord shall have no duty to Tenant or to any third parties for the actions or omissions of Tenant’s architects, engineers or project/construction managers. Tenant shall indemnify and hold harmless Landlord from and against any and all losses, costs, damages, claims and liabilities arising from the actions or omissions of Tenant’s architects, engineers and project/construction managers. The Tenant Improvements shall be constructed by Tenant Improvement Contractor in accordance with the Final Tenant Improvement Plans, in compliance with all of the terms and conditions of this Work Letter and the Lease, and with all applicable Laws and Restrictions. The Tenant Improvement Contractor shall obtain a builder’s risk policy of insurance in an amount and form and issued by a carrier reasonably satisfactory to Landlord, and its subcontractors shall carry worker’s compensation insurance for their employees as required by law. The builder’s risk policy of insurance shall name Landlord as an additional insured and shall not be cancelable without at least 30 thirty (30) days’ prior written notice to Landlord. Tenant shall notify Landlord of its intention to commence construction ten (10) days prior to ~~commencement, which~~ commencement and shall ~~allow for Tenant’s Improvements to be completed no later than December 31, 2007, subject to any delays caused by Landlord’s delay in responding to plans~~again notify Landlord of actual commencement within one (1) business day thereafter. Landlord shall have the right to post in a conspicuous location on the Building or the Leased Premises, as well as record ~~with the County~~ any notice of ~~Santa Xxxxx, a Notice of Nonresponsibility~~nonresponsibility permitted by Texas Laws. Tenant shall provide Landlord with a copy of the ~~City of Palo Alto~~ building permit allowing for the construction of the Final Tenant Improvement Plans prior to commencement of construction of the Tenant Improvements. Tenant shall, and shall cause Tenant’s Project Manager to, use commercially reasonable efforts to cause construction of the Final Tenant Improvement Plans to be performed in as efficient a manner as is commercially reasonable, but Tenant shall have no obligation to complete the same on an over-time basis. All work to be performed inside or outside of the Building shall be coordinated with Landlord. Tenant and the Tenant Improvement Contractor shall conduct their work and employ labor in such manner as to maintain harmonious labor relations. Tenant shall complete construction of the Final Tenant Improvement Plans for the entirety of the Leased Premises to allow for occupancy ~~(excepting cafeteria)~~ no later than the Lease Commencement Date, subject to delays caused by Force ~~Majeure~~Majeure and/or any delays caused by Landlord’s delay in responding to plans beyond the time periods provided therefor above, provided that Tenant shall have given Landlord written notice of such delay and Landlord shall have failed to respond within two (2) business days after receipt of such notice. Tenant, at Tenant’s sole cost and expense, shall clear debris resulting from the Tenant Improvement ~~construction as necessary so as not to interfere with the construction of the Landlord’s Work~~construction. No trash, or other debris, or other waste may be deposited at any time outside the Building except in containers reasonably approved by Landlord. If so, Landlord may, after written notice to Tenant, remove it at Tenant’s expense, which expense shall equal the cost of removal plus ten percent (10%) of such costs as a management fee. Storage of Tenant Improvement construction materials, tools and equipment shall be coordinated with Landlord’s contractor. Tenant shall reimburse Landlord on demand for the cost of repairing any damage to the Building caused by Tenant Improvement Contractor and its subcontractors during the construction of the Tenant Improvements. Upon completion of the Tenant Improvements, Tenant shall cause the Building and the ~~Outside~~ Common Areas to be clean and free from construction debris resulting from Tenant’s Tenant Improvement construction. Tenant shall submit to Landlord on or before the Lease Commencement Date (as defined in the Lease) a Certificate of Substantial Completion, AIA Document G704, by its Tenant Improvement Architect for the Final Tenant Improvement Plans, ~~a copy of all final inspection cards~~ and evidence reasonably satisfactory to Landlord that the Leased Premises may be occupied in compliance with the applicable local law for ~~the Tenant Improvements signed by the appropriate City of Palo Alto inspector and the Temporary Certificate of Occupancy from the City of Palo Alto~~its intended use, including without limitation, any permit signoffs (if available). Tenant shall submit to Landlord two CDs containing copies of all Tenant Improvement as-built plans and specifications, warranties, and operating manuals covering all of the work in the Final Tenant Improvement Plans. Tenant hereby assigns to Landlord on a non-exclusive basis any and all rights Tenant may have under such warranties, without in any way obligating Landlord to pursue or prosecute such rights. Tenant shall retain the right to pursue or prosecute any such rights to the extent that Landlord does not do so. Any minor work required for Tenant’s occupancy of the Leased Premises but not included in the Final Tenant Improvement Plans such as the procurement and installation of furniture, fixtures, equipment, interior artwork and signage, shall not require Landlord approval but shall be installed in a good and workmanlike manner by Tenant.

Appears in 1 contract

Samples: Lease (Threshold Pharmaceuticals Inc)

Final Tenant Improvement Plans. Landlord has completed and submitted the Schematic Design package for the Tenant ~~shall submit~~ Improvements to Tenant. After the Schematic Design package has been approved by Tenant, including the Madera County Board of Supervisors, Landlord will complete design development documents, construction documents and the finish schedule for the Tenant Improvement Working Drawings to the Palo Alto Building Department for a Tenant Improvement building permit prior to the commencement of such work. The Tenant Improvement Working Drawings as modified by the City of Palo Alto are defined herein as Improvements (the “~~Final~~ Tenant Improvement Plans~~.” Prior to commencing construction~~”). ~~Tenant shall deliver to~~ Landlord ~~a copy of~~ will submit the ~~City of Palo Alto building permit for the Final Tenant Improvement Plans. Any material changes to the Final~~ Tenant Improvement Plans ~~shall be subject~~ to ~~Landlord’s prior written~~ Tenant for approval, which approval shall not be unreasonably withheld. Any material deviation in construction from the design specifications and criteria set forth in the Final Tenant Improvement Plans, other than as approved in writing by Landlord (such approval not to be unreasonably withheld or delayed~~), shall constitute a default for which Landlord may, within ten (10) business days after giving written notice to Tenant, elect to exercise~~ . Concurrently with the remedies available in the event of default under the provisions of this Lease, unless such default is cured within such ten (10) business day period, or, if the cure reasonably requires more than ten (10) business days, unless such default is cured as soon as reasonably practicable but in no event later than sixty (60) days after Landlord’s notice to Tenant. Only new materials shall be used in the construction approval of the Tenant ~~Improvements~~Improvement Plans the parties will approve a work schedule for the completion of the Tenant Improvements (the “Work Schedule”). In the event Tenant shall object to the Tenant Improvement Plans or Work Schedule, ~~except with~~ the ~~written consent~~ parties will meet and negotiate in good faith to resolve all reasonable objections. Once approved by the parties, the Tenant Improvement Plans and Work Schedule shall be binding upon both parties subject to any change orders. In all events the Tenant Improvement Plans and Work Schedule shall be approved by the parties prior to the recordation of Landlord’s financing for the Premises, unless waived by Landlord. Tenant acknowledges and agrees that it will engage the Tenant Improvement Architect, the Tenant Improvement Project Manager, and the Tenant Improvement Contractor, and shall be solely responsible for the actions and omissions of its architects, engineers, contractors, and project/construction managers and for any loss, liability, claim, cost, damage or expense suffered by Landlord or any other entity or person as a result of the acts or omissions of its architect, engineers or project/construction managers. Landlord’s approval of any of Tenant’s architects, engineers or project/construction managers and of any documents prepared by any of them shall not be for the benefit of Tenant or any third party, and Landlord shall have no duty to Tenant or to any third parties for the actions or omissions of Tenant’s architects, engineers or project/construction managers. Tenant shall indemnify and hold harmless Landlord from and against any and all losses, costs, damages, claims and liabilities arising from the actions or omissions of Tenant’s architects, engineers and project/construction managers. The Tenant Improvements shall be constructed by Tenant Improvement Contractor in accordance with the Final Tenant Improvement Plans, in compliance with all of the terms and conditions of this Work Letter and the Lease, and with all applicable Laws and Restrictions. The Tenant Improvement Contractor shall obtain a builder’s risk policy of insurance in an amount and form and issued by a carrier reasonably satisfactory to Landlord, and its subcontractors shall carry worker’s compensation insurance for their employees as required by law. The builder’s risk policy of insurance shall name Landlord as an additional insured and shall not be cancelable without at least 30 days’ prior written notice to Landlord. Tenant shall notify Landlord of its intention to commence construction ten (10) days prior to commencement, which commencement shall allow for Tenant’s Improvements to be completed no later than December 31, 2007, subject to any delays caused by Landlord’s delay in responding to plans. Landlord shall have the right to post in a conspicuous location on the Building or the Premises, as well as record with the County of Santa Xxxxx, a Notice of Nonresponsibility. Tenant shall provide Landlord with a copy of the City of Palo Alto building permit allowing for the construction of the Final Tenant Improvement Plans prior to commencement of construction of the Tenant Improvements. Tenant shall, and shall cause Tenant’s Project Manager to, use commercially reasonable efforts to cause construction of the Final Tenant Improvement Plans to be performed in as efficient a manner as is commercially reasonable. All work to be performed inside or outside of the Building shall be coordinated with Landlord. Tenant and the Tenant Improvement Contractor shall conduct their work and employ labor in such manner as to maintain harmonious labor relations. Tenant shall complete construction of the Final Tenant Improvement Plans for the entirety of the Leased Premises to allow for occupancy (excepting cafeteria) no later than the Lease Commencement Date, subject to delays caused by Force Majeure. Tenant, at Tenant’s sole cost and expense, shall clear debris resulting from the Tenant Improvement construction as necessary so as not to interfere with the construction of the Landlord’s Work. No trash, or other debris, or other waste may be deposited at any time outside the Building except in containers reasonably approved by Landlord. If so, Landlord may, after written notice to Tenant, remove it at Tenant’s expense, which expense shall equal the cost of removal plus ten percent (10%) of such costs as a management fee. Storage of Tenant Improvement construction materials, ~~tools~~ finishes and equipment shall be coordinated with Landlord’s contractor. Tenant shall reimburse Landlord on demand for the cost of repairing any damage to the Building caused by Tenant Improvement Contractor and its subcontractors during the construction of the Tenant Improvements. Upon completion of the Tenant Improvements, Tenant shall cause the Building and the Outside Areas to be clean and free from construction debris resulting from Tenant’s Tenant Improvement construction. Tenant shall submit to Landlord on or before the Lease Commencement Date (as defined in the Lease) a Certificate of Substantial Completion, AIA Document G704, by its Tenant Improvement Architect for the Final Tenant Improvement Plans, a copy of all final inspection cards installations for the Tenant Improvements ~~signed by~~ must be consistent with the appropriate City of Palo Alto inspector and the Temporary Certificate of Occupancy from the City of Palo Alto. Tenant shall submit to Landlord two CDs containing copies of all Tenant Improvement as-built plans and specifications, warranties, and operating manuals covering all approved finish schedule which will be included as part of the work in the Final Tenant Improvement Plans. Tenant hereby assigns to Landlord on a non-exclusive basis any and all rights Tenant may have under such warranties, without in any way obligating Landlord to pursue or prosecute such rights. Tenant shall retain the right to pursue or prosecute any such rights to the extent that Landlord does not do so. Any minor work required for Tenant’s occupancy of the Leased Premises but not included in the Final Tenant Improvement Plans ~~such as~~ (the ~~procurement~~ “Finish Schedule”). The parties agree that the Tenant Improvement Plans described in this Paragraph will constitute the only plans and ~~installation~~ specifications for the Premises and Tenant Improvements, including, without limitation, specifications of ~~furniture, fixtures, equipment, interior artwork and signage, shall not require Landlord approval but shall be installed~~ drawings contained in ~~a good and workmanlike manner by~~ or referred to in Tenant.’s Request for Proposal for the Premises,

Appears in 1 contract

Samples: Office Lease

Final Tenant Improvement Plans. Tenant shall submit the approved Tenant Improvement Working Drawings to the ~~Palo Alto~~ Santa Xxxxx Building Department for a Tenant Improvement building permit prior to the commencement of such work. The Tenant Improvement Working Drawings as modified by the City ~~of Palo Alto~~ are defined herein as the “Final Tenant Improvement Plans.” Prior to commencing construction. , Tenant shall deliver to Landlord a copy of the City of ~~Palo Alto~~ Santa Xxxxx building permit for the Final Tenant Improvement Plans. Tenant shall have the right to install a key card security system for the exterior doors of the Building and in the elevator cabs, subject to Landlord’s approval over the plans and specifications therefor as set forth below. Tenant shall have the right, but not the obligation, to achieve LEED Silver, Gold or Platinum for the Tenant Improvements. In addition, Tenant, at Tenant’s sole discretion, may elect not to achieve any LEED certification. Any material changes to the Final Tenant Improvement Plans shall be subject to Landlord’s prior written approval, which shall not be unreasonably withheld. Any material deviation in construction from the design specifications and criteria set forth in the Final Tenant Improvement Plans, other than as approved in writing by Landlord (such approval not to be unreasonably withheld or delayed), shall constitute a default for which Landlord may, within ten (10) business days after giving written notice to Tenant, elect to exercise the remedies available in the event of default under the provisions of this Lease, unless such default is cured within such ten (10) business day period, or, if the cure reasonably requires more than ten (10) business days, unless such default is cured as soon as reasonably practicable but in no event later than sixty (60) days after Landlord’s notice to Tenant. Only new materials or other materials of good quality (such as recycled or reclaimed materials) shall be used in the construction of the Tenant Improvements, except with the written consent of Landlord, which consent shall not be unreasonably withheld. Tenant acknowledges that it will engage the Tenant Improvement Architect, the Tenant Improvement Project Manager, and the Tenant Improvement Contractor, and Landlord shall not be ~~solely responsible~~ liable for the actions and omissions of ~~its~~ Tenant’s architects, engineers, contractors, and project/construction managers and for any loss, liability, claim, cost, damage or expense suffered by Landlord or any other entity or person as a result of the acts or omissions of its architect, engineers or project/construction managers. Landlord’s approval of any of Tenant’s architects, engineers or project/construction managers and of any documents prepared by any of them shall not be for the benefit of Tenant or any third party, and Landlord shall have no duty to Tenant or to any third parties for the actions or omissions of Tenant’s architects, engineers or project/construction managers. Tenant shall indemnify and hold harmless Landlord from and against any and all losses, costs, damages, claims and liabilities arising from the actions or omissions of Tenant’s architects, engineers and project/construction managers. Building G The Tenant Improvements shall be constructed by Tenant Improvement Contractor in accordance with the Final Tenant Improvement Plans, in compliance with all of the terms and conditions of this Work Letter and the Lease, and with all applicable Laws and Restrictions. ~~The~~ Tenant or the Tenant Improvement Contractor shall obtain a builder’s risk policy of insurance in an amount and form and issued by a carrier reasonably satisfactory to Landlord, and its subcontractors shall carry worker’s compensation insurance for their employees as required by law. The builder’s risk policy of insurance shall name Landlord as an additional insured and shall not be ~~cancelable~~ cancelled without at least 30 thirty (30) days’ prior written notice to Landlord. Tenant shall notify Landlord of its intention to commence construction ten (10) days prior to ~~commencement, which~~ commencement and shall ~~allow for Tenant’s Improvements to be completed no later than December 31, 2007, subject to any delays caused by Landlord’s delay in responding to plans~~again notify Landlord of actual commencement within one (1) business day thereafter. Landlord shall have the right to post in a conspicuous location on the Building or the Leased Premises, as well as record with the County of Santa Xxxxx, a Notice of Nonresponsibility. Tenant shall provide Landlord with a copy of the City of ~~Palo Alto~~ Santa Xxxxx building permit allowing for the construction of the Final Tenant Improvement Plans prior to commencement of construction of the Tenant Improvements. Tenant shall, and shall cause Tenant’s Project Manager to, use commercially reasonable efforts to cause construction of the Final Tenant Improvement Plans to be performed in as efficient a manner as is commercially reasonable. All work to be performed inside or outside of the Building shall be coordinated with Landlord. Tenant and the Tenant Improvement Contractor shall conduct their work and employ labor in such manner as to maintain harmonious labor relations. , and Landlord and Tenant shall ~~complete construction of the Final Tenant Improvement Plans for the entirety of the Leased Premises~~ reasonably cooperate with each other with respect to ~~allow for occupancy (excepting cafeteria) no later than the Lease Commencement Date, subject to delays caused by Force Majeure. Tenant, at Tenant~~securing their respective entitlements/building permits and avoiding interfering with each other’s sole cost and expense, shall clear debris resulting from the Tenant Improvement construction as necessary so as not to interfere with the construction of the Landlord’s Work. No trash, or other debris, or other waste may be deposited at any time outside the Building except in containers reasonably approved by Landlord. If so, Landlord may, after written notice to Tenant, remove it at Tenant’s expense, which expense shall equal the cost of removal plus ten percent (10%) of such costs as a management fee. Storage of Tenant Improvement construction materials, tools and equipment shall be coordinated with Landlord’s contractor. Tenant shall reimburse Landlord on demand for the cost of repairing any damage to the Building caused by Tenant Improvement Contractor and its subcontractors during the construction of the Tenant Improvements. Upon completion of the Tenant Improvements, Tenant shall cause the Building and the Outside Areas to be clean and free from construction debris resulting from Tenant’s Tenant Improvement constructionrespective work. Tenant shall submit to Landlord on or before the Lease Commencement Date (as defined in the Lease) a Certificate of Substantial Completion, AIA Document G704, by its Tenant Improvement Architect for the Final Tenant Improvement Plans, a copy of all final inspection cards for the Tenant Improvements signed by the appropriate City of ~~Palo Alto~~ Santa Xxxxx inspector and the Temporary Certificate of Occupancy from the City of ~~Palo Alto~~Santa Xxxxx. Tenant shall submit to Landlord two CDs containing copies of all Tenant Improvement as-built plans and ~~specifications~~specifications (including but not limited to final as-built design-build mechanical, electrical, and plumbing plans), warranties, and operating manuals covering all of the work in the Final Tenant Improvement Plans. Tenant hereby assigns to Landlord on a non-exclusive basis any and all rights Tenant may have under such warranties, without in any way obligating Landlord to pursue or prosecute such rights. Tenant shall retain the right to pursue or prosecute any such rights to the extent that Landlord does not do so. Any minor work required for Tenant’s occupancy of the Leased Premises but not included in the Final Tenant Improvement Plans such as the procurement and installation of furniture, fixtures, equipment, interior artwork and signage, shall not require Landlord approval but shall be installed in a good and workmanlike manner by Tenant.

Appears in 1 contract

Samples: Disturbance Agreement (Palo Alto Networks Inc)

Common use of Final Tenant Improvement Plans Clause in Contracts