Improvement of the Premises. (a) Landlord and Tenant agree to comply with the following schedule in buildout of the Premises: (i) Landlord has prepared, and Tenant has approved a Space Plan for the Premises dated November 6, 1996, as amended by letter dated November 13, 1996. Any modifications to the Space Plan made after such date shall be made at Tenant's expense and, if delay in occupancy occurs as a result of such modifications, Tenant shall be liable to Landlord for Basic Rental attributable to each day beyond the projected Commencement Date that delivery of the Premises is delayed. (ii) Landlord shall prepare and deliver to Tenant detailed floor plan layouts, together with working drawings and written instructions sufficiently detailed to enable Landlord to let firm contracts (herein called "Tenant Plans") with respect to and reflecting the partitions and improvements in the Premises. Tenant shall fully and completely cooperate with Landlord in the preparation of the Tenant Plans, shall promptly respond to Landlord's requests for information and approvals within three (3) business days after inquiry, and shall use its best efforts to assist a Landlord to complete the Tenant Plans as soon as possible. If Tenant fails to timely respond to Landlord's inquiries Landlord for Landlord's cost thereof plus fifteen percent (15%) for overhead costs. (b) Notwithstanding anything in the Lease to the contrary, Tenant will not make or allow to be made any alterations or physical additions in or on the Premises, including changes in locks on doors, plumbing, lighting, wiring on partitions, without consent of Landlord, such consent not to unreasonably withheld or delayed, as long as the alterations or as long as the alterations or additions do not affect underlying life safety systems or common Building operating systems. All maintenance, repairs, alterations, additions or improvements shall be conducted only by contractors or subcontractors approved in advance in writing by Landlord, it being understood that Tenant shall procure and maintain, and shall cause contractors and subcontractors engaged by or on behalf of Tenant to procure and maintain, insurance coverage against such risks, in such amounts and with such companies as Landlord may require in connection with any such maintenance, repair, alteration, addition or improvement. (c) At the end or other termination of this Lease, Tenant shall deliver up the Premises with all improvements located therein in good repair and condition, reasonable wear and tear and damage by casualty excepted, and shall deliver to Landlord all keys to the Premises. All alterations, additions or improvements (whether temporary or permanent in character) made in or upon the Premises by Landlord or Tenant shall be Landlord's property upon termination of this Lease and shall remain on the Premises without compensation to Tenant; provided, however, that if Landlord elects to have Tenant remove any alteration, addition, improvement or partition, Landlord shall make such election upon giving consent to such alteration, addition, improvement or partition. Tenant shall then remove such alteration, addition, improvement or partition whether erected by Landlord or Tenant, and shall restore the Premises to its original condition by the date of termination of this Lease or upon earlier vacating of the Premises, except as provided herein. Landlord hereby elects to have any and all computer and/or telephone cables installed by Tenant or which may in the future be installed by Tenant, removed upon the termination of the Lease or upon Tenant's earlier vacating of the Premises. If Tenant fails to restore the Premises upon Landlord's request, Landlord shall have the right to perform such restoration and Tenant shall be liable for all costs and expenses incurred by Landlord therefor.
Appears in 1 contract
Improvement of the Premises. (a) Landlord and Tenant agree to comply with the following schedule in buildout of the Premises:
(i) If a Space Plan has not as yet been prepared and approved by Landlord has preparedand Tenant, Tenant will meet with Landlord or its agents within three (3) business days after full execution of this Lease and Tenant has approved shall provide Landlord all information reasonably necessary, to prepare a Space Plan for the Premises dated November 6Premises. Within five (5) business days after delivery by Landlord to Tenant of the Tenant's Space Plan, 1996, Tenant may accept the Space Plan as amended by letter dated November 13, 1996proposed or request reasonable modifications to such Space Plan. Any modifications to the Space Plan made after such date period shall be made at Tenant's expense and, if delay in occupancy occurs as a result of such modifications, Tenant shall be liable to Landlord for Basic Rental attributable to each day beyond the projected Commencement Date that delivery of the Premises Space Plan is delayed.
(ii) Upon Tenant's acceptance of the Space Plan, either because of Tenant's approval or failure to object within the requisite five (5) business day period, Landlord shall prepare and deliver to Tenant detailed floor plan layouts, together with working drawings and written instructions sufficiently detailed to enable Landlord to let firm contracts (herein called "Tenant Plans") with respect to and reflecting the partitions and improvements in the Premises. Tenant shall fully and completely cooperate with Landlord in the preparation of the Tenant Plans, shall promptly respond to Landlord's requests for information and approvals within three five (35) business days after inquiry, and shall use its best efforts to assist a Landlord to complete the Tenant Plans as soon as possible. Tenant agrees to deliver to Landlord, not later than five (5) business days after delivery of the Tenant Plans to Tenant, an original executed copy of the Tenant Plans approved by Tenant; provided, however, if Tenant, in good faith, reasonably objects to any aspect of the Tenant Plans submitted by Landlord, Tenant shall specify in detail any objection to such Tenant Plans as submitted to Tenant in a written notice to Landlord within such 5-day period. Landlord shall, if applicable, modify such Tenant Plans to address Tenant's written objections, and submit new Tenant Plans to Tenant for approvals. Notwithstanding the foregoing, the Tenant Plans shall remain subject to Landlord's review and approval, which approval shall not be unreasonably withheld, and shall be deemed modified to take account of any changes reasonably required by Landlord. If Tenant fails to timely respond deliver the Tenant Plans as required herein or makes modifications to Landlordthe Tenant Plans after the deadlines provided in this subsection, Tenant shall (1) pay to Landlord all reasonable expenses incurred by Landlord due to Tenant's inquiries modifications and/or delay in delivering the Tenant Plans; and (2) pay to Landlord as additional rent a per diem charge for Landlord's cost thereof plus fifteen percent each day beyond the
(15%iii) for overhead costsTime is of the essence as to all dates provided in this subsection.
(b) Notwithstanding anything in the Lease Any changes to the contrary, any approved Tenant will not make or allow to be made any alterations or physical additions in or on the Premises, including changes in locks on doors, plumbing, lighting, wiring on partitions, without consent of Landlord, such consent not to unreasonably withheld or delayed, as long as the alterations or as long as the alterations or additions do not affect underlying life safety systems or common Building operating systems. All maintenance, repairs, alterations, additions or improvements Plans desired by Tenant shall be conducted only by contractors or subcontractors approved in advance submitted in writing by Landlord, it being understood that Tenant shall procure and maintain, in detail to Landlord and shall cause contractors and subcontractors engaged by or on behalf of Tenant be subject to procure and maintainLandlord's consent, insurance coverage against such risks, in such amounts and with such companies as Landlord may require in connection with any such maintenance, repair, alteration, addition or improvementwhich consent shall not be unreasonably withheld.
(c) At the end or other termination of this LeaseLandlord shall, Tenant shall deliver up in a good and workmanlike manner, cause the Premises to be improved and completed in accordance with all improvements located therein the Tenant Plans by "Landlord's Contractor" (as hereinafter defined). Landlord reserves the right however, (i) to make substitutions of material of equivalent grade and quality when and if any specified material shall not be readily and reasonably available, subject to Tenant's reasonable approval and (ii) to make changes necessitated by conditions met in good repair and conditionthe course of construction, reasonable wear and tear and damage by casualty excepted, and provided that Tenant's approval of any substantial change shall deliver to Landlord all keys to the Premises. All alterations, additions first be obtained (which approval shall not be unreasonably withheld or improvements (whether temporary or permanent in character) made in or upon the Premises by Landlord or Tenant delayed so long as there shall be Landlordgeneral conformity with Tenant Plans. Any Special Tenant Work shall be contracted by obtaining at least three (3) contractor's property upon termination of this Lease and shall remain on the Premises without compensation to Tenantcompetitive bids for such work; provided, however, that if Landlord elects Landlord's contractor incurs any additional expense because of the need to have deal with the additional contractor, Tenant remove any alteration, addition, improvement or partitionshall be responsible for all such expenses.
(d) In the completion and preparation of the Premises in accordance with the Tenant Plans, Landlord agrees to perform at its own expense those items of work set forth on the schedules attached hereto as Exhibit C - Building Standard Materials, and Exhibit D - Tenant Space Plan (herein collectively referred to as "Standard Tenant Work"), to the extent required by Tenant Plans. All work to be performed by Landlord in addition to or in substitution for Standard Tenant Work is hereinafter referred to as "Special Tenant Work". All Special Tenant Work shall make such election upon giving consent be furnished, installed and performed by Landlord, utilizing a general contractor or construction manager ("Landlord's Contractor") selected by Landlord (which may be an affiliate of Landlord or a partner in Landlord or an affiliate of a partner in Landlord) for and on behalf of Tenant and at Tenant's sole expense, based on Landlord's out-of-pocket contract or purchase price for materials, labor and service, including, without limit, any reasonable contractor's fee (not to such alterationexceed ten percent (10%)) for the contractor's overhead and profit and charges for cutting, additionpatching, improvement or partition. cleaning up and removal of waste and debris, plus architects' and engineers' fees, plus the product obtained by multiplying all of the foregoing, except architect's and engineer's fees (as reduced by appropriate credits for substituted Standard Tenant Work) by ten percent (10%) for Landlord's expenses and profit in handling the substitution.
(e) Tenant shall then remove such alteration, addition, improvement or partition whether erected by pay Landlord or Tenant, and shall restore as additional rent for all Special Tenant Work from time to time during the Premises to its original condition by the date of termination of this Lease or upon earlier vacating progress of the Premiseswork, except as provided herein. Landlord hereby elects to have any and all computer and/or telephone cables installed by Tenant or which may in the future be installed by Tenant, removed upon the termination of the Lease or upon Tenant's earlier vacating of the Premises. If Tenant fails to restore the Premises upon Landlord's request, within five (5) days after Landlord shall have the right given Tenant an invoice or invoices therefor. All costs relating to perform such restoration and Special Tenant Work shall be liable paid by Tenant to Landlord one-third (1/3) upon approval of pricing, one-third (1/3) upon commencement of construction with the balance due at the time of completion. Any failure by Tenant to pay for all costs Special Tenant Work shall constitute failure to pay rent when due and expenses incurred an Event of Default by Tenant hereunder, giving rise to all remedies available to Landlord thereforunder this Lease and at law or equity for non-payment of rent.
Appears in 1 contract
Samples: Lease Agreement (Filetek Inc)
Improvement of the Premises. (a) As promptly as practicable after the date of execution of this Lease, Landlord shall undertake to prepare the Premises for occupancy by Tenant in accordance with the provisions of the Work Letter and/or Space Plan executed between Landlord and Tenant agree concurrently herewith. If the improvements and alterations specified in said Work Letter and/or Space Plan are not substantially completed prior to comply with the following schedule in buildout commencement date of the Premises:
(i) Landlord has preparedterms of this Lease set forth in Paragraph l hereof, and Tenant has approved a Space Plan for the Premises dated November 6, 1996, as amended by letter dated November 13, 1996. Any modifications to the Space Plan made after such date shall be made at Tenant's expense and, if delay in occupancy occurs as a result failure or inability of such modifications, Tenant shall be liable to Landlord for Basic Rental attributable to each day beyond the projected Commencement Date that delivery of the Premises is delayed.
(ii) Landlord shall prepare and deliver to Tenant detailed floor plan layouts, together with working drawings and written instructions sufficiently detailed to enable Landlord to let firm contracts (herein called "Tenant Plans") with respect to and reflecting the partitions and improvements in the Premises. Tenant shall fully and completely cooperate with Landlord in the preparation of the Tenant Plans, shall promptly respond to Landlord's requests for information and approvals within three (3) business days after inquiry, and shall use its best efforts to assist a Landlord to complete the Premises was caused otherwise than by reason of delays occasioned by Tenant, this Lease shall remain in full force and effect, however, the term of this Lease and the obligation of Tenant Plans as soon as possibleto pay the installments of rent specified in Paragraph 2 hereof, and all other charges in the nature of additional rent, shall not commence until said improvements and alterations are substantially completed and the Premises suitable for occupancy by Tenant and the term of the Lease shall run for the full period of SIX (6 ) years ; and in no event whatsoever shall Landlord be liable for any damages caused by any delay in completion for whatever reason nor shall this Lease be void or voidable except, in case of Tenant's delay, at Landlord's election. If Tenant fails to timely respond deliver fully executed working drawings and standards to LandlordLandlord on or before June 1, 2000, Landlord shall not be liable in damages to Tenant for any delay in delivery of possession of the Premises regardless of the cause of such delay and rent for the premises shall commence in accordance with Paragraph 1. If Tenant makes any selections that vary from the building standards or require improvements in excess of the standard allowances, and if the cost of such different or additional materials of Tenant's inquiries Landlord for selection exceeds Landlord's cost thereof plus fifteen percent (15%) for overhead costs.
(b) Notwithstanding anything in the Lease to the contraryof building standard work, Tenant will not make or allow shall pay to Landlord, as hereafter provided, the difference between the cost of such different and/or additional materials and the cost established by Landlord for standard building allowances. No changes shall be made in any alterations or physical additions building standard work materials until Landlord has submitted an estimate to Tenant in or writing of the increased cost thereof, and Landlord and Tenant have agreed in writing on the Premises, including changes increased cost of such different new materials and installation in locks on doors, plumbing, lighting, wiring on partitions, without consent excess of Landlord, such consent not to unreasonably withheld or delayed, as long as the alterations or as long as the alterations or additions do not affect underlying life safety systems or common Building operating systemscost of building standard work. All maintenance, repairs, alterations, additions or improvements amounts payable by Tenant to Landlord pursuant to this Paragraph 4 shall be conducted only paid by contractors Tenant to Landlord within thirty (30) days after the rendering of bills therefore by Landlord or subcontractors approved in advance in writing by Landlordits contractor to Tenant, it being understood that Tenant such bills may be rendered during the progress of the performance of the work and/or the furnishing and installation of the materials to which such bills relate. All improvements shall procure and maintain, and shall cause contractors and subcontractors engaged be surrendered by or on behalf of Tenant to procure Landlord at the end of the initial or other expiration of the term of the Lease. No credit shall be granted for the omission of materials where no replacement in kind is made. Landlord will provide a Tenant Improvement Allowance of up to $ 504,000.00 * (including architectural/ space planning fees) for improvements to the premises, subject to improvements being building standard work materials (or better) and maintainimprovements not being removable, insurance coverage against such risksdecorator or convenience items. Landlord and Tenant will jointly control the scope of work and allocation of the allowance. Costs exceeding $ 504,000.00 * will be paid by Tenant or Tenant will have the option to modify the scope of work prior to work commencement. Tenant's written approval will be required on engineering drawings and construction expenses prior to construction commencement; drawings and expenses shall not be alterable without written approval of Landlord and Tenant. In the event Tenant does not use the entire Tenant Improvement Allowance for its initial improvement of the Premises, in such amounts Landlord shall reserve any unused portion and with such companies permit the same to be used by Tenant for later improvements to the Premises, subject to and upon the same terms of this Paragraph 4. During the term, Tenant shall, subject to Landlord's approval of the location thereof, have the right to install and maintain up to four (4) satellite dish antennas, related receiving equipment and related cable and communication equipment (collectively, the "Satellite Dish Equipment"), as Landlord Tenant may reasonably require in connection with any Tenant's communications and data transmission network, on the roof of the Building. All such maintenanceSatellite Dish Equipment shall be installed in the equipment well of the Building in locations mutually acceptable to Landlord and Tenant. Landlord shall have the right, repairat Tenant's expense, alterationto have the proposed location and installation method for all such equipment reviewed by Landlord's structural engineer. Tenant, addition or improvement.
(c) At prior to the end or other termination execution of this Lease, shall provide Landlord with a detailed listing of all of the Satellite Dish Equipment, including, without limitation, all size and weight specifications Tenant shall deliver up proposes to put on the Premises with all improvements located therein in good repair and condition, reasonable wear and tear and damage by casualty excepted, and shall deliver to Landlord all keys to the Premisesroof. All alterations, additions or improvements (whether temporary or permanent in character) made in or upon the Premises by Landlord or Tenant shall of Tenant's Satellite Dish Equipment to be Landlord's property upon termination of this Lease and shall remain installed on the Premises without compensation to Tenant; provided, however, that if Landlord elects to have Tenant remove any alteration, addition, improvement or partition, Landlord roof shall make such election upon giving consent to such alteration, addition, improvement or partition. Tenant shall then remove such alteration, addition, improvement or partition whether erected by Landlord or Tenant, and shall restore the Premises to its original condition by the date of termination of this Lease or upon earlier vacating of the Premises, except as provided herein. Landlord hereby elects to have any and all computer and/or telephone cables installed by Tenant or which may in the future be installed by Tenant, removed upon at Tenant's sole cost and expense, in accordance with plans approved in writing by Landlord and in accordance with all applicable governmental approvals and permits. Tenant shall repair any damage to the termination roof in connection with the installation of such Satellite Dish Equipment. Tenant's antenna shall not interfere with any other antennas currently on the roof. All such repairs of the Lease or upon roof shall be made by a contractor approved by Landlord and in accordance with Landlord's specifications. Tenant shall pay to Landlord an administrative fee for each installation in the amount of $500.00 per installation. After the initial installation, Tenant, at Tenant's earlier vacating sole cost and expense, shall maintain all of Tenant's Satellite Dish Equipment placed on the roof. Roof access shall be permitted for antenna installation and regularly scheduled maintenance only. Tenant shall be responsible for any repairs and maintenance necessary to the roof on account of Tenant's Satellite Dish Equipment or Tenant's maintenance thereof. * Based on an allowance of $15.00 per RSF for 24,000 RSF on the 1st floor; and an allowance of $6.00 per RSF for 24,000 RSF on the 3rd floor, subject to adjustment after calculation of the size of the Premises. If Tenant fails to restore the Premises upon Landlord's request, Landlord shall have the right to perform such restoration and Tenant shall be liable for all costs and expenses incurred by Landlord therefor.
Appears in 1 contract
Samples: Office Lease (Virage Inc)
Improvement of the Premises. (a) Landlord and Tenant agree to comply with the following schedule in buildout of the Premises:
(i) A Space Plan has been prepared and approved by Landlord has prepared, and Tenant has approved a Space Plan and is attached hereto as Exhibit E and incorporated herein for the Premises dated November 6, 1996, as amended by letter dated November 13, 1996all purposes. Any modifications to the Space Plan made after such the date of this Lease shall be made at Tenant's expense and, if delay in occupancy Substantial Completion of the A-1 Premises or the A-2 Premises occurs as a result of such modifications, Tenant shall be liable to Landlord for commence paying A-1 Basic Rental attributable to each day beyond on the projected Commencement Date date that delivery the A-1 Premises would have been Substantially Completed but for the days of delay caused by the changes in the Space Plan and commence paying A-2 Basic Rental on the date that the A-2 Premises is delayedwould have been Substantially Completed but for the days of delay caused by the changes in the Space Plan.
(ii) Upon the execution of this Lease by Landlord and Tenant, Landlord shall prepare and deliver to Tenant detailed floor plan layouts, together with working drawings and written instructions sufficiently detailed to enable Landlord to let bid firm contracts (herein called "Tenant PlansWorking Drawings") with respect to and reflecting the partitions and improvements in the Premises. The Working Drawings shall include all of the work described in the Specifications for Construction attached hereto as Exhibit D and incorporated herein for all purposes and the Space Plan. Tenant shall fully and completely cooperate with Landlord in the preparation of the Tenant PlansWorking Drawings, shall promptly respond to Landlord's requests for information and approvals within three (3) business days after inquiry, and shall use its best efforts to assist a Landlord to complete the Tenant Plans Working Drawings as soon as possible. Tenant agrees to deliver to Landlord, not later than three (3) business days after delivery of the Working Drawings to Tenant, an original executed copy of the Working Drawings approved by Tenant; provided, however, if Tenant, in good faith, reasonably objects to any aspect of the Working Drawings submitted by Landlord, Tenant shall specify in detail any objection to such Working Drawings as submitted to Tenant in a written notice to Landlord within such 3-day period. Landlord shall, if applicable, modify such Working Drawings to address Tenant's written objections, and submit new Working Drawings to Tenant for approvals. Notwithstanding the foregoing, the Working Drawings shall remain subject to Landlord's review and approval, which approval shall not be unreasonably withheld, and shall be deemed modified to take account of any changes reasonably required by Landlord. If Tenant fails to timely respond deliver the Working Drawings as required herein, makes modifications to Landlordthe Working Drawings after the deadlines provided in this subsection or requests any changes to the Specifications for Construction, Tenant shall (1) pay to Landlord all reasonable expenses incurred by Landlord due to Tenant's inquiries modifications and/or delay in delivering the working Drawings or the Specifications for Construction; and (2) commence paying to Landlord the A-1 Basic Rental on the date the A-1 Premises would have been substantially Completed but for Landlordthe days of delay caused by Tenant's cost thereof plus fifteen percent failure to timely comply with the requirements in this Section and commence paying to Landlord the A-2 Basic Rental on the date the A-2 Premises would have been Substantially Completed but for the days of delay caused by Tenant's failure to timely comply with the requirements of this Section.
(15%iii) for overhead costsTime is of the essence as to all dates provided in this subsection.
(b) Notwithstanding anything Any changes ("Changes") to any approved Working Drawings or the Specifications for Construction desired by Tenant shall be submitted in the Lease writing and in detail to Landlord and shall be subject to Landlord's consent, which consent shall not be unreasonably withheld. If Tenant requests any Changes to the contraryWorking Drawings or the Specifications for Construction, Tenant will not make or allow to shall be made any alterations or physical additions in or on the Premisesresponsible for all costs and expenses, including changes architectural, engineering and related design costs, resulting from such Changes. Landlord shall not be responsible for any delay in locks performing the construction of the tenant improvements caused by any Changes to the Working Drawings or the Specifications for Construction. If Tenant requests any Changes to the Working Drawings the Specifications for Construction, Landlord shall notify Tenant in writing of the cost which will be chargeable to Tenant by reason of such Changes and Tenant shall, within three (3) days, notify Landlord in writing whether it desires to proceed with such Changes. If Tenant does not notify Landlord whether it desires such Changes within the aforesaid three (3) day period, Landlord shall not be obligated to continue work on doorsTenant's Premises and may suspend all work until such notice is given by Tenant, plumbing, lighting, wiring on partitions, without consent of Landlord, such consent not to unreasonably withheld or delayed, as long as the alterations or as long as the alterations or additions do not affect underlying life safety systems or common Building operating systems. All maintenance, repairs, alterations, additions or improvements and Tenant shall be conducted only by contractors or subcontractors approved responsible for any and all delays in advance in writing by completing the tenant improvements resulting from Tenant's failure to so notify Landlord. If Tenant authorizes any Changes pursuant to this Section 7, it being understood that Tenant shall procure and maintain, and shall cause contractors and subcontractors engaged by or on behalf pay the entire cost of Tenant same to procure and maintain, insurance coverage against Landlord prior to Landlord's making such risks, in such amounts and with such companies as Landlord may require in connection with any such maintenance, repair, alteration, addition or improvementChanges.
(c) At the end or other termination of this LeaseLandlord shall, Tenant shall deliver up in a good and workmanlike manner, cause the Premises to be improved and completed in accordance with all improvements located therein the Working Drawing by a general contractor or construction manager ("Landlord's Contractor") selected by Landlord (which may be an affiliate of Landlord or a partner in good repair Landlord or an affiliate of a partner in Landlord). Landlord reserves the right however, (i) to make substitutions of material of equivalent grade and condition, reasonable wear quality when and tear if any specified material shall not be readily and damage by casualty exceptedreasonably available, and (ii) to make changes necessitated by conditions met in the course of construction, provided that Tenant's approval of any substantial change shall deliver first be obtained (which approval shall not be unreasonably withheld, conditioned or delayed so long as there shall be general conformity with the Working Drawings).
(d) Any costs or expenses to be paid by Tenant pursuant to this Section 7 shall be deemed additional rent. Any failure by Tenant to pay such costs and expenses shall constitute a failure to pay rent when due and an Event of Default by Tenant hereunder, giving rise to all remedies available to Landlord all keys to the Premises. All alterations, additions or improvements (whether temporary or permanent in character) made in or upon the Premises by Landlord or Tenant shall be Landlord's property upon termination of under this Lease and shall remain on the Premises without compensation to Tenant; provided, however, that if Landlord elects to have Tenant remove any alteration, addition, improvement at law or partition, Landlord shall make such election upon giving consent to such alteration, addition, improvement or partition. Tenant shall then remove such alteration, addition, improvement or partition whether erected by Landlord or Tenant, and shall restore the Premises to its original condition by the date equity for non-payment of termination of this Lease or upon earlier vacating of the Premises, except as provided herein. Landlord hereby elects to have any and all computer and/or telephone cables installed by Tenant or which may in the future be installed by Tenant, removed upon the termination of the Lease or upon Tenant's earlier vacating of the Premises. If Tenant fails to restore the Premises upon Landlord's request, Landlord shall have the right to perform such restoration and Tenant shall be liable for all costs and expenses incurred by Landlord thereforrent.
Appears in 1 contract
Improvement of the Premises. (a) As promptly as practicable after the date of execution of this Lease, Landlord shall undertake to prepare the Premises for occupancy by Tenant in accordance with the provisions of the Work Letter and/or Space Plan executed between Landlord and Tenant agree concurrently herewith. If the improvements and alterations specified in said Work Letter and/or Space Plan are not substantially completed prior to comply with the following schedule in buildout commencement date of the Premises:
(i) Landlord has preparedterms of this Lease set forth in Paragraph 1 hereof, and the failure or inability of Landlord ----------- to complete the Premises was caused otherwise than by reason of delays occasioned by Tenant, this Lease shall remain in full force and effect, however, the term of this Lease and the obligation of Tenant has approved a Space Plan to pay the installments of rent specified in Paragraph 2 hereof, and all other charges in the nature of ----------- additional rent, shall not commence until said improvements and alterations are substantially completed and the Premises suitable for occupancy by Tenant and the term of the Lease shall run for the Premises dated November 6full period of _________ (___) years; and in no event whatsoever shall Landlord be liable for any damages caused by any delay in completion for whatever reason nor shall this Lease be void or voidable except, 1996in case of Tenant's delay, at Landlord's election. If Tenant makes any selections that vary from the building standards or require improvements in excess of the standard allowances, and if the cost of such different or additional materials of Tenant's selection exceeds Landlord's cost of building standard work, Tenant shall pay to Landlord, as amended hereafter provided, the difference between the cost of such different and/or additional materials and the cost established by letter dated November 13, 1996Landlord for standard building allowances. Any modifications to the Space Plan made after such date No changes shall be made at Tenant's expense andin any building standard work materials until Landlord has submitted an estimate to Tenant in writing of the increased cost thereof, if delay and Landlord and Tenant have agreed in occupancy occurs as a result writing on the increased cost of such modifications, different new materials and installation in excess of the cost of building standard work. All amounts payable by Tenant to Landlord pursuant to this Paragraph 4 shall be liable paid by Tenant to Landlord for Basic Rental attributable to each day beyond the projected Commencement Date that delivery of the Premises is delayed.
within thirty (ii30) Landlord shall prepare and deliver to Tenant detailed floor plan layouts, together with working drawings and written instructions sufficiently detailed to enable Landlord to let firm contracts (herein called "Tenant Plans") with respect to and reflecting the partitions and improvements in the Premises. Tenant shall fully and completely cooperate with Landlord in the preparation of the Tenant Plans, shall promptly respond to Landlord's requests for information and approvals within three (3) business days after inquiry, and shall use ----------- the rendering of bills therefore by Landlord or its best efforts contractor to assist a Landlord to complete the Tenant Plans as soon as possible. If Tenant fails to timely respond to Landlord's inquiries Landlord for Landlord's cost thereof plus fifteen percent (15%) for overhead costs.
(b) Notwithstanding anything in the Lease to the contrary, Tenant will not make or allow to be made any alterations or physical additions in or on the Premises, including changes in locks on doors, plumbing, lighting, wiring on partitions, without consent of Landlord, such consent not to unreasonably withheld or delayed, as long as the alterations or as long as the alterations or additions do not affect underlying life safety systems or common Building operating systems. All maintenance, repairs, alterations, additions or improvements shall be conducted only by contractors or subcontractors approved in advance in writing by LandlordTenant, it being understood that Tenant such bills may be rendered during the progress of the performance of the work and/or the furnishing and installation of the materials to which such bills relate. All improvements shall procure and maintain, and shall cause contractors and subcontractors engaged be surrendered by or on behalf of Tenant to procure and maintain, insurance coverage against such risks, in such amounts and with such companies as Landlord may require in connection with any such maintenance, repair, alteration, addition or improvement.
(c) At at the end of the initial or other termination expiration of this the term of the Lease. No credit shall be granted for the omission of materials where no replacement in kind is made. Landlord will shampoo carpets, Tenant shall deliver up otherwise the Premises with all improvements located therein is being Leased in good repair and condition, reasonable wear and tear and damage by casualty excepted, and shall deliver to Landlord all keys to the Premises. All alterations, additions or improvements (whether temporary or permanent in character) made in or upon the Premises by Landlord or Tenant shall be Landlord's property upon termination of this Lease and shall remain on the Premises without compensation to Tenant; provided, however, that if Landlord elects to have Tenant remove any alteration, addition, improvement or partition, Landlord shall make such election upon giving consent to such alteration, addition, improvement or partition. Tenant shall then remove such alteration, addition, improvement or partition whether erected by Landlord or Tenant, and shall restore the Premises to its original condition by the date of termination of this Lease or upon earlier vacating of the Premises, except an "as provided herein. Landlord hereby elects to have any and all computer and/or telephone cables installed by Tenant or which may in the future be installed by Tenant, removed upon the termination of the Lease or upon Tenant's earlier vacating of the Premises. If Tenant fails to restore the Premises upon Landlord's request, Landlord shall have the right to perform such restoration and Tenant shall be liable for all costs and expenses incurred by Landlord thereforis" basis.
Appears in 1 contract
Improvement of the Premises. (a) Landlord and Tenant agree to comply with the following schedule in buildout of the Premises:
(i) Landlord has prepared, and Tenant has approved a Space Plan for the Premises dated November 61, 1996, as amended by letter dated November 13, 19961995. Any modifications to the Space Plan made after such date shall be made at Tenant's expense and, if delay in occupancy occurs as a result of such modifications, Tenant shall be liable to Landlord for Basic Rental attributable to each day beyond the projected Anticipated Commencement Date that delivery of the Premises is delayed.
(ii) Landlord shall prepare and deliver to Tenant detailed floor plan layouts, together with working drawings and written instructions sufficiently detailed to enable Landlord to let firm contracts (herein called "Tenant Plans"Planes) with respect to and reflecting the partitions and improvements in the Premises. Tenant shall fully and completely cooperate with Landlord in the preparation of the Tenant Plans, shall promptly respond to Landlord's requests for information and approvals within three (3) business days after inquiryInquiry, and shall use its it's best efforts to assist a zealot Landlord to complete the Tenant Plans as soon as possible. Tenant agrees to deliver to Landlord, not later than three (3) business days after delivery of the Tenant Plans to Tenant, an original executed copy of the Tenant Plans approved by Tenant, provided, however, if Tenant, in good faith, reasonably objects to any aspect of the Tenant Plans submitted by Landlord, Tenant shall specify in detail any objection to such Tenant Plans as submitted to Tenant in a written notice to Landlord within such 3-day period. Landlord shall, if applicable, modify such Tenant Plans to address Tenant's written objections, and submit new Tenant Plans to Tenant for approvals. Notwithstanding the foregoing, the Tenant Plans shall remain subject to Landlord's review and approval, which approval shall not be unreasonably withheld, and shall be deemed modified to take account of any changes reasonably required by Landlord. If Tenant fails to timely respond deliver the Tenant Plans as required herein or makes modifications to the Tenant Plans after the deadlines provided in this subsection, Tenant shall (1) pay to Landlord all reasonable expenses incurred by Landlord due to Tenant's modifications and/or delay in delivering the Tenant Plans' and (2) pay to Landlord as additional rent a per diem Basic Rental charge for each day beyond the Anticipated Commencement Date that occupancy is delayed due to Tenant's failure to timely comply with the requirements in this Section.
(iii) Time is of the essence as to all dates provided in this subsection.
(b) Any changes to any approved Tenant Plans desired by Tenant shall be submitted in writing and in detail to Landlord and shall be subject to Landlord's inquiries consent, which consent shall not be unreasonably withheld.
(c) Landlord shall, in a good and workmanlike manner, diligently cause the Premises to be improved and completed in accordance with the Tenant Plans by "landlord 'e Contractor. (as hereinafter defined). Landlord reserves the right however, (1) to make substitutions of material of equivalent grade and quality when and if any specified material shall not be readily and reasonably available, and (11) to make changes necessitated by conditions met in the course of construction, provided that Tenant's approval of any substantial change shall first be obtained (which approval shall not be unreasonably withheld or delayed so long as there shall be general conformity with Tenant Plans).
(d) In the completion and preparation of the Premises in accordance with the Tenant Plans, Landlord agrees to perform at its own expense those items of work eat forth on the schedules attached hereto as Exhibit D Building Standard Materials and Exhibit A - Tenant Space Plan (herein collectively referred to as Standard Tenant Work), to the extent required by Tenant Plans. All work requested by or as a result of actions of Tenant to be performed by Landlord in addition to or in substitution for Standard Tenant Work la hereinafter referred to as "Special Tenant Work." All Special Tenant Work shall be furnished, installed and performed by Landlord, utilizing a general contractor or construction manager (Landlord's cost thereof Contractor.) selected by Landlord (which may be an affiliate of Landlord or a partner in Landlord or an affiliate of a partner in Landlord) for and on behalf of Tenant and at Tenant's sole expense, based on Landlord's out-of-pocket contract or purchase price for materials, labor and service, including, without limit, any reasonable contractor 'e fee for the contractors overhead and profit and charges for cutting, patching, cleaning up and removal of waste and debris, plus architect' and engineer' fees, plus the product obtained by multiplying all of the foregoing (as reduced by appropriate credits for substituted Standard Tenant Work) by fifteen percent (15%) for overhead costsLandlord's expenses and profit in handling the substitution.
(be) Notwithstanding anything Tenant shall pay Landlord as additional rent for all Special Tenant Work from time to time during the progress of the work, within five (5) days after Landlord shall have given Tenant an invoice or invoices therefor, in the Lease amounts representing Landlord's Cost of such Special Tenant Work performed (including, for this purpose, material for Special Tenant Work purchased and delivered to the contrary, Tenant will not make or allow Building to be made any alterations or physical additions in or on the Premises, including changes in locks on doors, plumbing, lighting, wiring on partitions, without consent of Landlord, such consent not to unreasonably withheld or delayed, as long as the alterations or as long as the alterations or additions do not affect underlying life safety systems or common Building operating systems. All maintenance, repairs, alterations, additions or improvements shall be conducted only by contractors or subcontractors approved in advance in writing by Landlord, it being understood that Tenant shall procure and maintain, and shall cause contractors and subcontractors engaged by or on behalf of Tenant to procure and maintain, insurance coverage against such risks, in such amounts and with such companies as Landlord may require in connection with any such maintenance, repair, alteration, addition or improvement.
(c) At the end or other termination of this Lease, Tenant shall deliver up the Premises with all improvements located therein in good repair and condition, reasonable wear and tear and damage by casualty excepted, and shall deliver to Landlord all keys to the Premises. All alterations, additions or improvements (whether temporary or permanent in character) made in or upon the Premises by Landlord or Tenant shall be Landlord's property upon termination of this Lease and shall remain on the Premises without compensation to Tenant; provided, however, that if Landlord elects to have Tenant remove any alteration, addition, improvement or partition, Landlord shall make such election upon giving consent to such alteration, addition, improvement or partition. Tenant shall then remove such alteration, addition, improvement or partition whether erected by Landlord or Tenant, and shall restore the Premises to its original condition by the date of termination of this Lease or upon earlier vacating of the Premisesinvoice), except as provided herein. Landlord hereby elects to have any and all computer and/or telephone cables installed lease the amounts paid by Tenant or which may in the future be installed by Tenant, removed upon the termination of the Lease or upon Tenant's earlier vacating of the Premises. If Tenant fails to restore the Premises upon Landlord's request, Landlord shall have the right to perform such restoration and Tenant shall be liable for all costs and expenses incurred by Landlord thereforon account.
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Samples: Lease Agreement (Spacehab Inc \Wa\)
