Initial Improvements. (a) The final space plan (the “Space Plan”) for the Premises, mutually approved by the Parties is attached as Appendix 1. (b) Landlord shall cause the Base Building Improvements (the “Base Building Improvements”) described on Appendix 2 to be completed in accordance with the plans and specifications (the “Building Plans”) prepared by Landlord, the Building Standards and Specifications (the “Building Standards”) attached as Appendix 3 and Laws. The Base Building Improvements shall be made, and the Building Plans shall be prepared, at Landlord’s sole cost and expense, except that any changes, alterations, modifications or upgrades to: (i) the Base Building Improvements or the Building Plans requested by Tenant and approved by Landlord; or (ii) the Tenant Improvements or the Tenant Improvement Plans (both defined below) that result in changes, alterations, modifications or upgrades to the Base Building Improvements or the Building Plans, shall be made at Tenant’s sole cost and expense. (c) Landlord shall also cause the Tenant Improvements (the “Tenant Improvements”) described on Appendix 2 to be completed in accordance with the Space Plan, the plans and specifications (including the tenant finishes) (the “Tenant Improvement Plans”) approved by the Parties, the Building Standards and Laws. Subject to the last sentence of this subparagraph (c), the Tenant Improvements shall be made, and the Tenant Improvement Plans shall be prepared, at Landlord’s cost and expense, except to the extent that, at Tenant’s direction, the Tenant Improvements vary from the Space Plan or the Building Standards. To the extent that, at Tenant’s direction, the Tenant Improvements vary from the Space Plan or the Building Standards, such variance shall be made at Tenant’s sole cost and expense. Notwithstanding the foregoing to the contrary, Tenant shall pay to Landlord all costs incurred or payable by Landlord in making the Balconies accessible and usable by Tenant within ten (10) business days after the receipt of an invoice therefor, accompanied by such detail as may reasonably be requested by Tenant, which invoice may be delivered prior to the commencement of construction. (The Base Building Improvements and the Tenant Improvements are referred to in this Exhibit collectively as the “Initial Improvements.”) The Initial Improvements shall be completed free of any mechanics’ liens, except to the extent of any dispute in connection therewith, in which case Landlord shall adequately protect the Property from the foreclosure of any such lien. (d) Landlord shall cause the Tenant Improvement Plans to be prepared by a registered professional architect and mechanical and electrical engineer(s). Landlord shall furnish the initial draft of the Tenant Improvement Plans to Tenant for Tenant’s review and approval. Tenant shall within three (3) business days after receipt either provide comments to such Tenant Improvement Plans or approve the same. Tenant shall be deemed to have approved such Tenant Improvement Plans if Tenant does not timely provide comments on such Tenant Improvement Plans. If Tenant provides Landlord with comments to the initial draft of the Tenant Improvement Plans, Landlord shall provide revised Tenant Improvement Plans to Tenant incorporating Tenant’s comments within three (3) business days after receipt of Tenant’s comments. Tenant shall within three (3) business days after receipt then either provide comments to such revised Tenant Improvement Plans or approve such Tenant Improvement Plans. Tenant shall be deemed to have approved such revised Tenant Improvement Plans if Tenant does not timely provide comments on such Tenant Improvement Plans. The process described above shall be repeated, if necessary, until the Tenant Improvement Plans have finally been approved by Tenant. (e) Landlord shall provide project management services in connection with the construction of the Initial Improvements and the Change Orders (defined below). Such project management services shall be performed without cost to Tenant, except for Change Orders, which shall be performed for a fee of five percent (5%) of all costs related to the construction of the Change Orders. Tenant may, at Tenant’s discretion and sole cost and expense, engage a representative to oversee construction activities on Tenant’s behalf. Said representative shall coordinate its efforts with Landlord’s project manager and/or contractor, shall have full access to all information and documentation with respect to the Tenant Improvements and may be engaged throughout the design and construction process of the Tenant Improvements.
Appears in 2 contracts
Samples: Lease Agreement (Vivint Solar, Inc.), Lease Agreement (Vivint Solar, Inc.)
Initial Improvements. (a) The final space plan (the “Space Plan”) for the PremisesIt is currently contemplated that Tenant will construct prior to September 1, mutually approved by the Parties is attached as Appendix 1.
(b) Landlord shall cause the Base Building Improvements (the “Base Building Improvements”) described on Appendix 2 to be completed in accordance with the plans and specifications (the “Building Plans”) prepared by Landlord, the Building Standards and Specifications (the “Building Standards”) attached as Appendix 3 and Laws. The Base Building Improvements shall be made, and the Building Plans shall be prepared2003, at Landlord’s Tenant's sole cost and expense, except one or more Buildings, and all on and off site work, including landscaping (collectively referred to as "Initial Improvements"). The Initial Improvements, if constructed, shall in all events comply with the requirements of the PCP Permit ultimately issued by the City of Mountain View ("PCP"). Landlord hereby approves, subject to the terms and conditions of this Lease, Tenant's construction of the Initial Improvements so long as the exterior components thereof are generally in conformity with the PCP as such PCP is ultimately issued by the City of Mountain View. If Tenant desires to make any material changes to the exterior design of the Initial Improvements, then prior to submitting any application for amendment of the PCP to the City of Mountain View, Tenant shall deliver such proposed amendment to Landlord for Landlord's review and approval, which approval will not be unreasonably withheld or delayed. Any such disapproval must be in writing stating with particularity the reasons for such disapproval and the actions Tenant may take to modify such proposal in a manner that Landlord would approve. Landlord's failure to deliver such written disapproval within five (5) business days after Tenant has delivered such request for approval to Landlord shall be deemed Landlord's approval of such proposed amendment to the PCP. Landlord shall cooperate with Tenant as reasonably requested by Tenant with respect to any changesrequired governmental approvals, alterationsincluding, modifications without limitation, any application for amendment of the PCP, in connection with the Initial Improvements, including the signing of any reasonable applications or upgrades to:
requests which are required to be signed by the owner of the Project in order to obtain required approvals, provided that Landlord shall not be required to incur any costs or expenses or liability in connection therewith. Without limiting Landlord's discretion concerning its approval rights as to any amendments to the PCP that Tenant may reasonably request, the parties agree that (i) Tenant shall not, without Landlord's prior written consent, design or seek governmental approvals to construct more than 120,000 square feet of floor area (calculated as square footage is calculated by the Base Building Improvements or City of Mountain View pursuant to the Building Plans requested by Tenant City of Mountain View Shoreline West Precise Plan) within the Initial Improvements, and approved by Landlord; or
(ii) the Tenant Improvements or general design of the Tenant Improvement Plans (both defined below) that result in changes, alterations, modifications or upgrades to the Base Building Improvements or the Building Plans, shall be made at Tenant’s sole cost and expense.
(c) Landlord shall also cause the Tenant Improvements (the “Tenant Improvements”) described on Appendix 2 to be completed in accordance with the Space Plan, the plans and specifications (including the tenant finishes) (the “Tenant Improvement Plans”) approved by the Parties, the Building Standards and Laws. Subject to the last sentence of this subparagraph (c), the Tenant Improvements shall be made, and the Tenant Improvement Plans shall be prepared, at Landlord’s cost and expense, except to the extent that, at Tenant’s direction, the Tenant Improvements vary from the Space Plan or the Building Standards. To the extent that, at Tenant’s direction, the Tenant Improvements vary from the Space Plan or the Building Standards, such variance shall be made at Tenant’s sole cost and expense. Notwithstanding the foregoing to the contrary, Tenant shall pay to Landlord all costs incurred or payable by Landlord in making the Balconies accessible and usable by Tenant within ten (10) business days after the receipt of an invoice therefor, accompanied by such detail as may reasonably be requested by Tenant, which invoice may be delivered prior to the commencement of construction. (The Base Building Improvements and the Tenant Improvements are referred to in this Exhibit collectively as the “Initial Improvements.”) The Initial Improvements shall be completed free reasonably compatible, as reasonably determined by Landlord, with the design of any mechanics’ liens, except the buildings to be constructed on the extent 13.48 acre parcel of any dispute in connection therewith, in which case Landlord shall adequately protect property located on the Property opposite side of Amphitheater Parkway from the foreclosure of any such lien.
(d) Landlord shall cause the Tenant Improvement Plans to be prepared by a registered professional architect and mechanical and electrical engineer(s)Project. Landlord shall furnish the initial draft Promptly following completion of the Initial Improvements, Tenant Improvement Plans shall deliver to Landlord as built drawings thereof on original sepia drawn to 1/8" scale, prepared at Tenant's sole cost. Notwithstanding the foregoing, if Tenant fails to substantially complete construction of the Initial Improvements on or before September 1, 2003, then Landlord may, by written notice to Tenant for Tenant’s review delivered at any time after such date and approval. Tenant shall within three (3) business days after receipt either provide comments prior to such Tenant Improvement Plans or approve substantial completion of the same. Tenant Initial Improvements, elect to terminate this Lease, which termination shall be deemed effective ninety (90) days following the date of delivery of such written notice to have approved such Tenant Improvement Plans Tenant. Notwithstanding the foregoing, (i) if Tenant does not timely provide comments on such Tenant Improvement Plans. If Tenant provides Landlord with comments to the initial draft of the Tenant Improvement Plans, Landlord shall provide revised Tenant Improvement Plans to Tenant incorporating Tenant’s comments within three (3) business days after receipt of Tenant’s comments. Tenant shall within three (3) business days after receipt then either provide comments to such revised Tenant Improvement Plans or approve such Tenant Improvement Plans. Tenant shall be deemed to have approved such revised Tenant Improvement Plans if Tenant does not timely provide comments on such Tenant Improvement Plans. The process described above shall be repeated, if necessary, until the Tenant Improvement Plans have finally been approved by Tenant.
(e) Landlord shall provide project management services in connection with substantially completes the construction of the Initial Improvements and prior to the Change Orders (defined below). Such project management services expiration of such ninety-day period, then such termination notice shall be performed without cost deemed rescinded, and (ii) if Tenant delivers to TenantLandlord an Exercise Notice of the Purchase Option to purchase the Premises as contemplated in Paragraph 34 of this Lease, except for Change Ordersprior to the expiration of such 90-day period, which then such termination notice shall be performed for a fee of five percent (5%) of all costs related deemed suspended until the date upon which the closing pursuant to the construction Purchase Option is scheduled to occur under the terms of this Lease. If Tenant thereafter fails to perform its obligations under the Purchase Option after Tenant's delivery of the Change Orders. Tenant may, at Tenant’s discretion and sole cost and expense, engage a representative Exercise Notice for any reason other than Landlord's failure to oversee construction activities on Tenant’s behalf. Said representative shall coordinate perform its efforts with Landlord’s project manager and/or contractor, shall have full access to all information and documentation obligations with respect to the Purchase Option, then the termination notice earlier delivered to Tenant Improvements and may by Landlord shall be engaged throughout the design and construction process deemed reinstated, effective as of the Tenant Improvementsbusiness day following the scheduled date for such closing which did not occur.
Appears in 2 contracts
Initial Improvements. (a) The final space plan On the Commencement Date, Tenant shall accept the Premises in its “as is” condition. All improvements, alterations and betterments (the an “Space PlanAlteration”) for shall be performed by Tenant at Tenant’s expense in accordance with the Premises, mutually approved by the Parties is attached as Appendix 1terms of this Article 5.
(b) Landlord shall cause Tenant may improve the Base Building Improvements (the “Base Building Improvements”) described on Appendix 2 to be completed Premises for Tenant’s initial occupancy in accordance with the plans detailed specifications and working drawings to be prepared by Tenant’s engineers and architects. The detailed specifications (the and working drawings are hereinafter referred to as “Building Tenant’s Plans”) prepared by Landlord, the Building Standards and Specifications (the “Building Standards”) attached as Appendix 3 and Laws. The Base Building Improvements shall be made, and the Building Plans shall be prepared, at Landlord’s sole cost and expense, except that any changes, alterations, modifications or upgrades to:
(i) work shown by the Base Building Improvements or the Building Plans requested by Tenant and approved by Landlord; or
(ii) the Tenant Improvements or the Tenant Improvement Plans (both defined below) that result in changes, alterations, modifications or upgrades to the Base Building Improvements or the Building Plans, shall be made at Tenant’s sole cost Plans is hereinafter referred to as “Tenant’s Initial Improvements”. Tenant’s Initial Improvements shall include, and expense.Landlord shall have no liability to tenant for not performing, the work specified on Exhibit H.
(c) Landlord Tenant shall also proceed forthwith to cause the Tenant Improvements (the “Tenant Improvements”) described on Appendix 2 Tenant’s Plans to be completed prepared by an architect licensed as such in accordance with the Space PlanState of New York. Tenant’s Plans, the plans including structural and specifications (including the tenant finishes) (the “Tenant Improvement Plans”) approved by the Partiesmechanical drawings and specifications, the Building Standards and Laws. Subject to the last sentence of this subparagraph (c), the Tenant Improvements shall be made, and the Tenant Improvement Plans shall be prepared, at Landlord’s cost and expense, except to the extent that, at Tenant’s direction, the Tenant Improvements vary from the Space Plan or the Building Standards. To the extent that, at Tenant’s direction, the Tenant Improvements vary from the Space Plan or the Building Standards, such variance shall be made prepared at Tenant’s sole cost and expense. Notwithstanding Tenant shall submit five (5) sets of Tenant’s Plans and two (2) CAD discs which shall contain such Tenant’s Plans in CAD format to Landlord for Landlord’s approval. Landlord agrees to review Tenant’s Plans and to approve the foregoing same or make written exceptions thereto within fifteen (15) Business Days from the date of the submission of the plans. Landlord agrees not to unreasonably withhold or delay its approval of Tenant’s Plans, and failure by Landlord to provide the written exceptions within the fifteen (15) Business Day period aforesaid shall be deemed approval of Tenant’s Plans; provided, however, that five (5) Business Days prior to the contraryexpiration of such fifteen (15) Business Day period, Tenant shall pay send a second notice to Landlord all costs incurred or payable with the phrase “FAILURE TO APPROVE OR DISAPPROVE TENANT’S PLANS WITHIN FIVE (5) BUSINESS DAYS AFTER THE DATE HEREOF SHALL RESULT IN THE DEEMED APPROVAL OF TENANT’S PLANS” in bold lettering at the top of such notice. If Landlord disapproves Tenant’s Plans, Tenant shall revise them and re-submit them to Landlord for approval. Any disapproval given by Landlord in making the Balconies accessible and usable by Tenant within ten (10) business days after the receipt of an invoice therefor, shall be accompanied by a statement in reasonable detail of the reasons for such detail as may reasonably be requested by Tenantdisapproval, which invoice may be delivered prior to itemizing those portions of the commencement of construction. (The Base Building Improvements and the Tenant Improvements are referred to in this Exhibit collectively as the “Initial Improvements.”) The Initial Improvements shall be completed free of any mechanics’ liens, except to the extent of any dispute in connection therewith, in which case Landlord shall adequately protect the Property from the foreclosure of any such lien.
(d) Landlord shall cause the Tenant Improvement Plans to be prepared by a registered professional architect and mechanical and electrical engineer(s)plans so disapproved. Landlord shall furnish the initial draft of the advise Tenant Improvement Plans to Tenant for Tenant’s review and approval. Tenant shall within three fifteen (315) business days after receipt either provide comments to such Tenant Improvement Plans or approve the same. Tenant shall be deemed to have approved such Tenant Improvement Plans if Tenant does not timely provide comments on such Tenant Improvement Plans. If Tenant provides Landlord with comments to the initial draft of the Tenant Improvement Plans, Landlord shall provide revised Tenant Improvement Plans to Tenant incorporating Tenant’s comments within three (3) business days after Business Days following receipt of Tenant’s commentsrevised plans of Landlord’s approval or disapproval of the revised plans or portions thereof, and shall set forth its reasons for any such further disapproval in writing and in reasonable detail. Tenant shall within three (3) business days after receipt then either provide comments If Landlord fails to approve or disapprove such revised Tenant Improvement Plans or approve plans within such Tenant Improvement Plans. Tenant fifteen (15) Business Day period, Landlord shall be deemed to have approved such revised plans or such portions thereof; provided, however, that five (5) Business Days prior to the expiration of such fifteen (15) Business Day period, Tenant Improvement shall send a second notice to Landlord with the phrase “FAILURE TO APPROVE OR DISAPPROVE TENANT’S PLANS, AS REVISED, WITHIN FIVE (5) BUSINESS DAYS AFTER THE DATE HEREOF SHALL RESULT IN THE DEEMED APPROVAL OF TENANT’S PLANS, AS REVISED” in bold lettering at the top of such notice. Any dispute regarding the reasonableness of Landlord’s withholding of its consent to Tenant’s Plans if shall be submitted to expedited arbitration pursuant to Section 9.19 hereof. Upon approval by Landlord of Tenant’s Plans, Tenant does shall submit the same to the New York City Department of Buildings for approval and for issuance of a building permit to perform the Improvements. Landlord agrees, at Tenant’s cost and expense, to reasonably cooperate with Tenant and Tenant’s independent licensed architect and engineer in providing information needed for the preparation of Tenant’s Plans, the application for a building permit and all other permits required for the Improvements, and to promptly execute all documents reasonably necessary to be signed by Landlord.
(d) Tenant agrees to hire a reputable general contractor, construction manager or subcontractors and materialmen (hereinafter “Contractor(s)”) to be approved by Landlord such approval not timely provide comments on to be unreasonably withheld or delayed (other than with respect to Contractors performing connections to any Building systems which Contractors shall be those designated by Landlord provided such Contractors shall perform such work at market prices). For purposes of Tenant’s Initial Improvements, Xxxxx, Xxxx & Xxxxxx and Xxxxxx Xxxxxxxx Consulting Engineers are deemed approved by Landlord. Tenant Improvement shall cause its Contractor(s) to perform Tenant’s Initial Improvements in a good and workmanlike manner in accordance with (x) the approved Tenant’s Plans and any material amendments or additions thereto approved by Tenant and Landlord and all municipal authorities having jurisdiction; provided, however, that, with respect to any subsequent amendments, additions, change orders or modifications after Landlord’s approval of Tenant’s Plans, Landlord shall approve or disapprove of such changes within fifteen (15) Business Days of the receipt of such changes from Tenant and (y) all provisions of Laws and any and all permits and other requirements specified by any ordinance, law or public regulation. If Landlord fails to approve or disapprove such subsequent amendments, additions, change orders or modifications within such fifteen (15) Business Day period, Landlord shall be deemed to have approved such subsequent amendments, additions, change orders or modifications or such portions thereof; provided, however, that five (5) Business Days prior to the expiration of such fifteen (15) Business Day period, Tenant shall send a second notice to Landlord with the phrase “FAILURE TO APPROVE OR DISAPPROVE TENANT’S PLANS, AS REVISED, WITHIN FIVE (5) BUSINESS DAYS AFTER THE DATE HEREOF SHALL RESULT IN THE DEEMED APPROVAL OF TENANT’S PLANS, AS REVISED” in bold lettering at the top of such notice. Tenant shall cause the Contractor(s) to obtain and maintain throughout the work, Workers’ Compensation Insurance and New York State Disability Insurance in the amounts required under any applicable Laws and comprehensive general liability insurance, including contractual liability coverage, in an amount of not less than $2 million combined single limit for bodily injury or death for any one occurrence, and for property damage, plus a $10 million umbrella policy; provided, however, that any subcontractor or materialman shall only be required to carry such liability insurance as is being carried by prudent subcontractors or materialmen within such trade at the time such subcontractor or materialman is being employed by Tenant or its Contractors. The process liability coverage shall name Landlord and Overlandlord as additional insured parties, and Tenant shall deliver to Landlord proper certificates of insurance confirming the coverages described above prior to commencement of Tenant’s Initial Improvements. If Tenant acts as its own General Contractor or Construction Manager, Tenant shall obtain and maintain such insurance. All Contractor(s) shall be repeatedmembers of a union affiliated with the building trades in the City of New York that has jurisdiction over the Building and Tenant’s Initial Improvements. Tenant shall pay Landlord, if necessarywithin thirty (30) days after being billed therefor, until the Tenant Improvement Plans have finally been approved actual out of pocket fees and disbursements paid by Landlord to architects, engineers and other technical advisors, other than the regular staff of Landlord for reviewing Tenant’s Plans, provided such fees are commercially reasonable.
(e) Landlord shall provide project management services pay to Tenant pursuant to Section 5.01(f) hereof Construction Costs and Softs Costs (as hereinafter defined) in an amount (the “Construction Allowance”) which shall not exceed $1,638,850.00, provided, however, that payments in respect of Soft Costs shall not in the aggregate exceed fifteen percent (15%) of the Construction Allowance. Tenant shall pay from its own funds, and Landlord shall have no obligation with respect to, (y) any and all costs which are not Construction Costs or Softs Costs and/or (z) any and all Construction Costs in excess of the Construction Allowance or Soft Costs in excess of the limitation described in the foregoing sentence. As used in this Lease, the term “Construction Costs” means amounts actually incurred and paid by Tenant and Tenant’s contractors, subcontractors and vendors in connection with Tenant’s Initial Improvements solely for the documented, bona fide cost of (i) construction supplies and materials which are physically installed in and made a part of the Premises, including the documented, bona fide costs of carpeting, wall coverings, partitions, any electric meter or submeter, and permit fees, and (ii) labor actually performed within the Premises. The term “Soft Costs” means amounts actually incurred and paid by Tenant in connection with Tenant’s Initial Improvements solely for the documented, bona fide cost of accounting, legal, architectural, engineering and the Change Orders (defined below). Such project management services shall be performed without cost to Tenant, except for Change Orders, which shall be performed for a fee of five percent (5%) of all costs related to the construction of the Change Orders. Tenant may, at Tenant’s discretion and sole cost and expense, engage a representative to oversee construction activities on Tenant’s behalf. Said representative shall coordinate its efforts with Landlord’s project manager and/or contractor, shall have full access to all information and documentation with respect to the Tenant Improvements and may be engaged throughout the design and construction process of the Tenant Improvementsother professional or consulting services.
Appears in 2 contracts
Samples: Lease (Yext, Inc.), Lease (Yext, Inc.)
Initial Improvements. (aA) The final Certain improvements shall be constructed in the Premises according to the space plan attached hereto as Exhibit C (the “Space PlanImprovements”) for the Premisespurpose of initially preparing the Premises for occupancy by Tenant, mutually approved by the Parties is attached as Appendix 1.
(b) Landlord shall cause the Base Building Improvements (the “Base Building Improvements”) described on Appendix 2 all to be completed paid for as provided in subsection (B) of this section below. Such Space Improvements shall be constructed by Landlord and in accordance with the following procedures:
(1) Landlord shall promptly after execution of this Lease engage an architect to prepare plans and specifications (the “Building Plans”) prepared by Landlord, the Building Standards and Specifications (the “Building Standards”) attached as Appendix 3 and Laws. The Base Building Improvements shall be made, and the Building Plans shall be prepared, at Landlord’s sole cost and expense, except that any changes, alterations, modifications or upgrades to:
(i) the Base Building Improvements or the Building Plans requested by Tenant and approved by Landlord; or
(ii) the Tenant Improvements or the Tenant Improvement Plans (both defined below) that result in changes, alterations, modifications or upgrades to the Base Building Improvements or the Building Plans, shall be made at Tenant’s sole cost and expense.
(c) Landlord shall also cause the Tenant Improvements (the “Tenant Improvements”) described on Appendix 2 to be completed in accordance with of the Space Plan, the plans and specifications (including the tenant finishes) (the “Tenant Improvement Plans”) approved by the Parties, the Building Standards and Laws. Subject to the last sentence of this subparagraph (c), the Tenant Improvements shall be made, and the Tenant Improvement Plans shall be prepared, at Landlord’s cost and expense, except to the extent that, at Tenant’s direction, the Tenant Improvements vary from the Space Plan or the Building Standards. To the extent that, at Tenant’s direction, the Tenant Improvements vary from the Space Plan or the Building Standards, such variance shall be made at Tenant’s sole cost and expense. Notwithstanding the foregoing to the contrary, Tenant shall pay to Landlord all costs incurred or payable by Landlord in making the Balconies accessible and usable by Tenant within ten (10) business days after the receipt of an invoice therefor, accompanied by such detail as may reasonably be requested by Tenant, which invoice may be delivered prior to the commencement of construction. (The Base Building Improvements and the Tenant Improvements are referred to in this Exhibit collectively as the “Initial Improvements.”) The Initial Improvements shall be completed free of any mechanics’ liens, except to the extent of any dispute in connection therewith, in which case Landlord shall adequately protect the Property from the foreclosure of any such lien.
(d) Landlord shall cause the Tenant Improvement Plans to be prepared by a registered professional architect and mechanical and electrical engineer(s). Landlord shall furnish the initial draft of the Tenant Improvement Plans to Tenant for Tenant’s review and approval. Such architect shall be selected with Tenant’s prior approval, which approval shall not be unreasonably withheld. Such plans and specifications shall be submitted to Tenant within twenty-one (21) days after the date hereof, and Tenant shall review and either approve or notify Landlord of proposed changes thereto within three fourteen (314) business days after receipt either provide comments to such Tenant Improvement Plans or approve the receiving same. If no response is forthcoming from Tenant within this fourteen (14) day period, such plans shall be deemed approved. Landlord shall make any changes to such plans reasonably (and timely) requested by Tenant and necessary to make the plans and specifications conform to Exhibit C.
(2) Promptly after the plans and specifications have approved such Tenant Improvement Plans if Tenant does not timely provide comments on such Tenant Improvement Plans. If Tenant provides Landlord with comments to the initial draft of the Tenant Improvement Plansbeen finalized, Landlord shall provide revised Tenant Improvement Plans deliver a copy of such plans and specifications to Tenant incorporating Tenant’s comments within three (3) business days after receipt of Tenant’s comments. Tenant shall within three (3) business days after receipt then either provide comments to such revised Tenant Improvement Plans or approve such Tenant Improvement Plans. Tenant shall be deemed to have approved such revised Tenant Improvement Plans if Tenant does not timely provide comments on such Tenant Improvement Plans. The process described above shall be repeated, if necessary, until the Tenant Improvement Plans have finally been approved by Tenant.
(e) and Landlord shall provide project management services in connection with obtain bids for the construction of the Initial Improvements and the Change Orders (defined below). Such project management services shall be performed without cost to Tenantsuch improvements from at least two contractors that are not affiliated with Landlord in any way nor owned in party by any member, except for Change Orders, which shall be performed for a fee employee or family member of five percent (5%) any member or employee of all costs related to the construction of the Change OrdersLandlord. Tenant may, at its option, also obtain bids for such work. After receipt of all bids, each party shall provide copies to the other, and Landlord and Tenant shall promptly select the lowest responsible qualified bid (in Landlord’s reasonable discretion). Thereafter, Landlord shall contract for the construction of such Space Improvements. Landlord shall, in no event, be entitled to a management fee for the Space Improvements.
(3) Tenant and its agents and contractors shall have the right to enter the Premises prior to the Commencement Date for purposes of installing fixtures, provided that in doing so such parties shall not interfere with Landlord or its contractors constructing the Space Improvements, and further provided that prior to any such entry Tenant shall have obtained the insurance required under Article IV hereof, and its contractors shall have obtained such liability, workmen’s compensation and other insurance as is reasonably acceptable to Landlord. The Commencement Date shall not be deemed to occur upon such entry unless Tenant begins commencing its normal business operations within the Premises.
(B) All costs and expenses of designing and constructing the Space Improvements described in subsection (A) above shall be paid as follows:
(1) Landlord shall provide and pay to Tenant an amount not to exceed $25.00 per rentable square foot of the Premises (the “Allowance”) towards (i) the costs of designing the space plan in Exhibit C and all of the plans and specifications for the Space Improvements, and (ii) the costs of constructing the Space Improvements, including but not limited to all fees, costs and expenses paid under construction contracts and subcontracts, construction managers’ fees, costs and expenses, the costs of materials, supplies, permits and other items, and any other out-of-pocket expenditures incurred in any connection with such construction (collectively, the “Space Improvement Costs”). The Allowance shall not be paid for any other costs or purposes, except that, to the extent the Space Improvement Costs are less than $25 per rentable square foot, Tenant shall be permitted to apply the portion of the Allowance in excess of the Space Improvement Costs, up to (but not exceeding) an amount of $7.00 per rentable square foot of the Premises, towards the costs of acquisition and installation of Tenant’s discretion furniture, fixtures and sole equipment (including any telecommunications equipment) for the Premises. Tenant shall pay all of the Space Improvement Costs which are in excess of the Allowance.
(2) Tenant shall pay to Landlord the amount by which the total costs to Landlord of designing and constructing the Space Improvements exceed the Allowance within thirty (30) days after receiving Landlord’s written statement of such costs. Tenant shall, prior to Landlord’s beginning construction of the improvements, provide a letter of credit or other security satisfactory to Landlord for Tenant’s performance of the foregoing obligation in the event the costs of the Space Improvements (including any modifications requested by Tenant) are significant in the estimation of Landlord. Tenant shall provide this required security within seven (7) days after request by Landlord.
(3) Landlord agrees to pay to Tenant a moving cost reimbursement up to (but not exceeding) an amount of $2.00 per rentable square foot of the Premises. Landlord shall pay such amount(s) to Tenant within thirty (30) days after receiving copies of invoices and receipts for such costs (or, if later, within five (5) days after Tenant moves to the Premises and begins to conduct business therein).
(4) Notwithstanding anything to the contrary, Landlord shall be solely responsible for the cost and expenseexpense associated with the following, engage a representative which shall not be considered part of the Space Improvements to oversee construction activities be included in the Allowance:
(i) Electrical service shall be distributed to the Premises;
(ii) Air conditioning’s main duct into the Premises shall be distributed;
(iii) Fire sprinkler system shall be distributed throughout the space and ready for expansion and adjustment to drop heads when ceiling is installed;
(iv) All columns, exterior walls, and window walls shall be drywalled and completed, taped, painted, and ready for wallcovering by Tenant;
(v) Building standard ceiling grid and tiles shall be provided and installed by Landlord; and
(vi) Any necessary demolition of any portion of the Premises.
(C) Landlord shall use commercially reasonable efforts to complete such improvements on Tenant’s behalf. Said representative shall coordinate its efforts with Landlord’s project manager and/or contractoror before September 1, 2004 (the “Target Date”), but Landlord shall have full access to all information and documentation with respect no liability to the Tenant Improvements and may be engaged throughout hereunder if prevented from doing so due to strike or other labor troubles, governmental restrictions, failure or shortage of utility service, national or local emergency, accident, flood, fire or other casualty, adverse weather condition, other act of God, inability to obtain a building permit or a certificate of occupancy, or any other cause beyond the design and construction process Landlord’s reasonable control. However, if any delay in completion of the Space Improvements or in delivering possession of the Premises to Tenant Improvementsbeyond the Target Date are caused by Tenant, including but not limited to failure of Tenant to timely respond to submissions by Landlord under subsection (A) of this section above or Tenant’s requesting changes in the Space Improvements which delay completion thereof, then Tenant shall commence all of its obligations hereunder (including the payments of Rent), and all terms herein shall be effective and binding, on that date reasonably calculated by Landlord or its contractor as the date on which Landlord would have substantially completed the Space Improvements if not for such delay.
Appears in 1 contract
Samples: Office Lease Agreement (Republic Airways Holdings Inc)
Initial Improvements. (a) The final space plan Landlord shall cause to be constructed, in a good workmanlike manner, the improvements (the “Space PlanInitial Improvements”) for in the Premises, mutually Premises in accordance with plans and specifications approved by Tenant and Landlord (the Parties is attached as Appendix 1.
(b) “Plans”), which approvals shall not be unreasonably withheld. The Initial Improvements shall be performed at the Landlord’s cost. Landlord shall cause the Base Building Improvements (Plans to be prepared by a professional architect, and mechanical and electrical engineer(s) and based upon the “Base Building Improvements”) described space plans as shown on Appendix 2 to be completed in accordance with the plans and specifications (the “Building Plans”) prepared by Landlord, the Building Standards and Specifications (the “Building Standards”) C-1 attached as Appendix 3 and Lawshereto using building standard finishes. The Base Building Improvements shall be made, and the Building Plans shall be prepared, at Landlord’s sole cost and expense, except that any changes, alterations, modifications or upgrades to:
(i) the Base Building Improvements or the Building Plans requested by Tenant and approved by Landlord; or
(ii) the Tenant Improvements or the Tenant Improvement Plans (both defined below) that result in changes, alterations, modifications or upgrades to the Base Building Improvements or the Building Plans, shall be made at Tenant’s sole cost and expense.
(c) Landlord shall also cause the Tenant Improvements (the “Tenant Improvements”) described on Appendix 2 to be completed in accordance with the Space Plan, the plans and specifications (including the tenant finishes) (the “Tenant Improvement Plans”) approved by the Parties, the Building Standards and Laws. Subject to the last sentence of this subparagraph (c), the Tenant Improvements shall be made, and the Tenant Improvement Plans shall be prepared, at Landlord’s cost and expense, except to the extent that, at Tenant’s direction, the Tenant Improvements vary from the Space Plan or the Building Standards. To the extent that, at Tenant’s direction, the Tenant Improvements vary from the Space Plan or the Building Standards, such variance shall be made at Tenant’s sole cost and expense. Notwithstanding the foregoing to the contrary, Tenant shall pay to Landlord all costs incurred or payable by Landlord in making the Balconies accessible and usable by Tenant within Within ten (10) business days after the receipt later to occur of an invoice therefor(i) the mutual execution of the Lease or (ii) Tenant’s providing to Landlord the preliminary space plans for the Premises and such other information reasonably required by Landlord to commence preparation of the Plans, accompanied by such detail as may reasonably be requested by Tenant, which invoice may be delivered prior to the commencement of construction. (The Base Building Improvements and the Tenant Improvements are referred to in this Exhibit collectively as the “Initial Improvements.”) The Initial Improvements shall be completed free of any mechanics’ liens, except to the extent of any dispute in connection therewith, in which case Landlord shall adequately protect the Property from the foreclosure of any such lien.
(d) Landlord shall cause the Tenant Improvement Plans to be prepared by a registered professional architect and mechanical and electrical engineer(s). Landlord shall furnish the initial draft of the Tenant Improvement Plans to Tenant for Tenant’s review and approval. Tenant shall shall, within three ten (310) business days after receipt receipt, either provide comments to such Tenant Improvement Plans or approve the same. Tenant shall be deemed to have approved such Tenant Improvement Plans if Tenant it does not timely provide comments on such Tenant Improvement Plans. If Tenant provides Landlord with comments to the initial draft of the Tenant Improvement Plans, Landlord shall provide revised Tenant Improvement Plans to Tenant incorporating Tenant’s comments within three one (31) business days week after receipt of Tenant’s comments. Tenant shall shall, within three five (35) business days after receipt receipt, then either provide comments to such revised Tenant Improvement Plans or approve such Tenant Improvement Plans. Tenant shall be deemed to have approved such revised Tenant Improvement Plans if Tenant does not timely provide comments on such Tenant Improvement Plans. The process described above shall be repeated, if necessary, until the Tenant Improvement Plans have been finally been approved by Tenant.
Tenant and Landlord; provided, however, if Landlord and Tenant cannot, despite using good faith efforts, reach agreement with respect to the Plans by June 15, 2005, then either Landlord or Tenant may terminate this Lease upon delivery of written notice to the other, whereupon (ei) Landlord shall provide project management services in connection return to Tenant any prepaid Rent and (ii) the parties shall have no further rights or obligations under this Lease. Landlord hereby agrees that the Plans for the Initial Improvements shall comply with all applicable Governmental Requirements. Once the Plans have been finally approved, Landlord will promptly prepare all necessary construction drawings for the construction of the Initial Improvements and Improvements. Upon the Change Orders completion of such construction drawings, Landlord shall submit the same to Tenant for its approval. Tenant shall, within five (defined below)5) days after receipt, then either provide comments to such drawings or approve the same. Such project management services Tenant shall be performed without cost deemed to Tenanthave approved such drawings if Tenant does not timely provide comments thereto. If Tenant timely provides any comments to such drawings, except Landlord shall revise such drawings and resubmit the same to Tenant for Change Ordersits review and approval. Until such time as Landlord and Tenant mutually approve such construction drawings, which the process described above shall be performed repeated as reasonably necessary, and both Landlord and Tenant agree to act in good faith in order to derive mutually acceptable construction drawings for a fee of five percent (5%) of all costs related to the construction of the Change OrdersInitial Improvements. Once the Plans and all construction drawings relative thereto have been finalized and approved by Tenant mayand Landlord, at Tenant’s discretion and sole cost and expense, engage a representative to oversee construction activities on Tenant’s behalf. Said representative Landlord shall coordinate its efforts with Landlord’s project manager and/or contractor, shall have full access to all information and documentation with respect promptly (i) submit the same to the Tenant Improvements appropriate governmental authorities for the issuance of all necessary building permits, and may be engaged throughout (ii) select a contractor to perform the design and construction process of the Initial Improvements. Landlord shall use commercially reasonable efforts to cause the Initial Improvements to be substantially completed, except for mechanical adjustments or minor details of construction (“Punch List Items”), on or before July 1, 2005 (the “Intended Completion Date”), subject to Tenant ImprovementsDelay (as defined in Section 4 hereof) and Force Majeure.
Appears in 1 contract
Initial Improvements. Sublessor will provide Sublessee with an initial improvement allowance in an amount not to exceed Seven Hundred and Fifty Thousand Dollars (a$750,000,00) The final space plan (the “Space PlanAllowance”) ). The proceeds of the Allowance shall be used by Sublessee solely for the Premises, mutually approved by costs of building improvements subject to the Parties is attached as Appendix 1.
approval of the Master Lessor (b) Landlord shall cause the Base Building Improvements (the “Base Building Initial Improvements”) described on Appendix 2 which Sublessee agrees to complete in a timely manner, and may not be used for any other purpose, including, without limitation for furniture, fixtures and equipment, Sublessee will construct (or cause to be constructed) such Initial Improvements in accordance with the terms of this Sublease and the Master Lease. Sublessor will make payment of all or a portion of the Allowance to Sublessee within 30 days of receipt from Sublessee of a request for payment including documentation of substantial completion of construction and Final construction costs and invoices related thereto satisfactory to Sublessor, in “Sublessor’s reasonable discretion, provided Sublessee is not in default of the terms of this Sublease beyond any applicable notice and cure period. The documentation may take the form of, but not be limited to the following: (1) a certificate from Sublessee’s architect; and (2) a waiver(s) of all liens for work performed by Sublessee at the Subleased Premises. Sublessor shall be entitled to retain any portion of the Allowance not required to reimburse Sublessee for the Initial Improvements, as referenced above, if such improvements are not completed in accordance with the plans and specifications (the “Building Plans”) prepared by Landlord, the Building Standards and Specifications (the “Building Standards”) attached as Appendix 3 and Laws. The Base Building Improvements shall be made, and the Building Plans shall be prepared, at Landlord’s sole cost and expense, except that any changes, alterations, modifications or upgrades to:
(i) the Base Building Improvements or the Building Plans requested by Tenant and approved by Landlord; or
(ii) the Tenant Improvements or the Tenant Improvement Plans (both defined below) that result in changes, alterations, modifications or upgrades to the Base Building Improvements or the Building Plans, shall be made at Tenant’s sole cost and expense.
(c) Landlord shall also cause the Tenant Improvements (the “Tenant Improvements”) described on Appendix 2 to be completed in accordance with the Space Plan, the plans and specifications (including the tenant finishes) (the “Tenant Improvement Plans”) approved by the Parties, the Building Standards and Laws. Subject to the last sentence provisions of this subparagraph (c)Sublease or if Sublessee defaults on its obligations under this Sublease, With the Tenant Improvements exception only of Sublessor’s obligation to fund the Allowance as that obligation is conditioned and limited by this Sublease, Sublessee hereby acknowledges and agrees that Sublessor shall not be made, and the Tenant Improvement Plans shall be prepared, at Landlord’s cost and expense, except to the extent that, at Tenant’s direction, the Tenant Improvements vary from the Space Plan responsible for payment for or the Building Standards. To the extent that, at Tenant’s direction, the Tenant Improvements vary from the Space Plan or the Building Standards, such variance shall be made at Tenant’s sole cost and expense. Notwithstanding the foregoing to the contrary, Tenant shall pay to Landlord all costs incurred or payable by Landlord in making the Balconies accessible and usable by Tenant within ten (10) business days after the receipt of an invoice therefor, accompanied by such detail as may reasonably be requested by Tenant, which invoice may be delivered prior to the commencement of construction. (The Base Building Improvements and the Tenant Improvements are referred to in this Exhibit collectively as the “Initial Improvements.”) The Initial Improvements shall be completed free performance of any mechanics’ liens, except to the extent of any dispute in connection therewith, in which case Landlord shall adequately protect the Property from the foreclosure of any such lien.
(d) Landlord shall cause the Tenant Improvement Plans to be prepared by a registered professional architect and mechanical and electrical engineer(s). Landlord shall furnish the initial draft work or improvements necessary for Sublessee’s use and/or occupancy of the Tenant Improvement Plans to Tenant for Tenant’s review and approval. Tenant shall within three (3) business days after receipt either provide comments to such Tenant Improvement Plans or approve the same. Tenant shall be deemed to have approved such Tenant Improvement Plans if Tenant does not timely provide comments on such Tenant Improvement Plans. If Tenant provides Landlord with comments to the initial draft of the Tenant Improvement Plans, Landlord shall provide revised Tenant Improvement Plans to Tenant incorporating Tenant’s comments within three (3) business days after receipt of Tenant’s comments. Tenant shall within three (3) business days after receipt then either provide comments to such revised Tenant Improvement Plans or approve such Tenant Improvement Plans. Tenant shall be deemed to have approved such revised Tenant Improvement Plans if Tenant does not timely provide comments on such Tenant Improvement Plans. The process described above shall be repeated, if necessary, until the Tenant Improvement Plans have finally been approved by TenantSubleased Premises.
(e) Landlord shall provide project management services in connection with the construction of the Initial Improvements and the Change Orders (defined below). Such project management services shall be performed without cost to Tenant, except for Change Orders, which shall be performed for a fee of five percent (5%) of all costs related to the construction of the Change Orders. Tenant may, at Tenant’s discretion and sole cost and expense, engage a representative to oversee construction activities on Tenant’s behalf. Said representative shall coordinate its efforts with Landlord’s project manager and/or contractor, shall have full access to all information and documentation with respect to the Tenant Improvements and may be engaged throughout the design and construction process of the Tenant Improvements.
Appears in 1 contract
Samples: Sublease Agreement (Selectica Inc)
Initial Improvements. (a) The final space plan (the “Space Plan”) for the Premises, mutually approved by the Parties is attached as Appendix 1.
(b) Landlord shall cause to be performed the Base Building Improvements improvements (the “Base Building "Initial Improvements”") described on Appendix 2 to be completed in the Premises in accordance with the plans and specifications (the “Building Plans”) prepared by Landlord, the Building Standards and Specifications (the “Building Standards”) attached as Appendix 3 and Laws. The Base Building Improvements shall be made, and the Building Plans shall be prepared, at Landlord’s sole cost and expense, except that any changes, alterations, modifications or upgrades to:
(i) the Base Building Improvements or the Building Plans requested approved by Tenant and approved by Landlord; or
(ii) the Tenant Improvements or the Tenant Improvement Plans (both defined below) that result in changes, alterations, modifications or upgrades to the Base Building Improvements or the Building Plans, shall be made at Tenant’s sole cost and expense.
(c) Landlord shall also cause the Tenant Improvements (the “Tenant Improvements”) described on Appendix 2 to be completed in accordance with the Space Plan, the plans and specifications (including the tenant finishes) (the “Tenant Improvement "Plans”) approved by the Parties, the Building Standards and Laws. Subject to the last sentence of this subparagraph (c"), the Tenant Improvements which approvals shall not be madeunreasonably withheld, and the Tenant Improvement Plans shall be prepared, at Landlord’s cost and expense, except to the extent that, at Tenant’s direction, the Tenant Improvements vary from the Space Plan or the Building Standards. To the extent that, at Tenant’s direction, the Tenant Improvements vary from the Space Plan or the Building Standards, such variance shall be made at Tenant’s sole cost and expense. Notwithstanding the foregoing to the contrary, Tenant shall pay to Landlord all costs incurred or payable by Landlord in making the Balconies accessible and usable by Tenant within ten (10) business days after the receipt of an invoice therefor, accompanied by such detail as may reasonably be requested by Tenant, which invoice may be delivered prior to the commencement of construction. (The Base Building Improvements and the Tenant Improvements are referred to in this Exhibit collectively as the “Initial Improvements.”) The Initial Improvements shall be completed free of any mechanics’ liensperformed at the Tenant's cost, except subject to the extent of any dispute in connection therewith, in which case Landlord shall adequately protect the Property from the foreclosure of any such lien.
Landlord's Contribution (d) Landlord hereinafter defined). Tenant shall cause the Tenant Improvement Plans to be prepared prepared, at Tenant's cost, by a registered professional architect architect, and mechanical and electrical engineer(s). Landlord Such engineer(s) shall be approved in advance by the Landlord. Tenant shall furnish the initial draft of the Tenant Improvement Plans to Tenant Landlord for Tenant’s Landlord's review and approval. Tenant Landlord shall within three one (31) business days week after receipt either provide comments to such Tenant Improvement Plans or approve the same. Tenant Landlord shall be deemed to have approved such Tenant Improvement Plans if Tenant it does not timely provide comments on such Tenant Improvement Plans. If Landlord provides Tenant provides Landlord with comments to the initial draft of the Tenant Improvement Plans, Landlord Tenant shall provide revised Tenant Improvement Plans to Tenant Landlord incorporating Tenant’s Landlord's comments within three (3) business days two weeks after receipt of Tenant’s Landlord's comments. Tenant Landlord shall within three (3) business days one week after receipt then either provide comments to such revised Tenant Improvement Plans or approve such Tenant Improvement Plans. Tenant Landlord shall be deemed to have approved such revised Tenant Improvement Plans if Tenant Landlord does not timely provide comments on such Tenant Improvement Plans. The process described above shall be repeated, if necessary, until the Tenant Improvement Plans have been finally been approved by Landlord. Tenant hereby agrees that the Plans for the Initial Improvements shall comply with all applicable Governmental Requirements. Landlord's approval of any of the Plans (or any modifications or changes thereto) shall not impose upon Landlord or its agents or representatives any obligation with respect to the design of the Initial Improvements or the compliance of such Initial Improvements or the Plans with applicable Governmental Requirements. Landlord, with consultation of Tenant.
, shall select a contractor to perform the construction of the Initial Improvements. Landlord shall use commercially reasonable efforts to cause the Initial Improvements to be substantially completed, within sixty (e60) days upon the issuance of all necessary permits provided Landlord has full accessibility to the Premises, except for minor "Punch List" items, which Landlord shall use commercially reasonable efforts to complete within thirty (30) days. Subject to Tenant Delay (as defined in Section 4 hereof) and Force Majeure in the event the Initial Improvements and Punch List items are not completed within such time periods as indicated above, Tenant shall be entitled to a Rent credit equal to one day for every day beyond such applicable time period. The Rent credit shall be calculated based upon the ratio of the square footage of Suites 201 and 205 combined compared to the entire square footage of the Premises. Landlord, or an agent of Landlord, shall provide project management services in connection with the construction of the Initial Improvements and the Change Orders (defined belowhereinafter defined). Such project management services shall be performed without cost to performed, at Tenant's cost, except for Change Orders, which shall be performed for a fee of five percent (5%) of all costs related to the preparation of the Plans and the construction of the Initial Improvements and the Change Orders. Tenant may, at Tenant’s discretion and sole cost and expense, engage a representative to oversee construction activities on Tenant’s behalf. Said representative shall coordinate its efforts with Landlord’s project manager and/or contractor, shall have full access to all information and documentation with respect to the Tenant Improvements and may be engaged throughout the design and construction process of the Tenant Improvements.
Appears in 1 contract
Initial Improvements. (a) The final space plan (the “Space Plan”) for the Premises, mutually approved by the Parties is attached as Appendix 1.
(b) Landlord shall cause to be performed the Base Building Improvements improvements (the “Base Building "Initial Improvements”") described on Appendix 2 to be completed in the Premises in accordance with the plans and specifications (the “Building Plans”) prepared by Landlord, the Building Standards and Specifications (the “Building Standards”) attached as Appendix 3 and Laws. The Base Building Improvements shall be made, and the Building Plans shall be prepared, at Landlord’s sole cost and expense, except that any changes, alterations, modifications or upgrades to:
(i) the Base Building Improvements or the Building Plans requested approved by Tenant and approved by Landlord; or
(ii) the Tenant Improvements or the Tenant Improvement Plans (both defined below) that result in changes, alterations, modifications or upgrades to the Base Building Improvements or the Building Plans, shall be made at Tenant’s sole cost and expense.
(c) Landlord shall also cause the Tenant Improvements (the “Tenant Improvements”) described on Appendix 2 to be completed in accordance with the Space Plan, the plans and specifications (including the tenant finishes) (the “Tenant Improvement "Plans”) approved by the Parties, the Building Standards and Laws. Subject to the last sentence of this subparagraph (c"), the Tenant Improvements which approvals shall not be made, and the Tenant Improvement Plans shall be prepared, at Landlord’s cost and expense, except to the extent that, at Tenant’s direction, the Tenant Improvements vary from the Space Plan or the Building Standardsunreasonably withheld. To the extent that, at Tenant’s direction, the Tenant Improvements vary from the Space Plan or the Building Standards, such variance shall be made at Tenant’s sole cost and expense. Notwithstanding the foregoing to the contrary, Tenant shall pay to Landlord all costs incurred or payable by Landlord in making the Balconies accessible and usable by Tenant within ten (10) business days after the receipt of an invoice therefor, accompanied by such detail as may reasonably be requested by Tenant, which invoice may be delivered prior to the commencement of construction. (The Base Building Improvements and the Tenant Improvements are referred to in this Exhibit collectively as the “Initial Improvements.”) The Initial Improvements shall be completed free of any mechanics’ liensperformed at the Tenant's cost, except subject to the extent of any dispute in connection therewith, in which case Landlord shall adequately protect the Property from the foreclosure of any such lien.
Landlord's Contribution (d) Landlord hereinafter defined). Tenant shall cause the Tenant Improvement Plans to be prepared by a registered professional architect architect, and mechanical and electrical engineer(s). Landlord Such engineer(s) shall be approved in advance by the Landlord. Tenant shall furnish the initial draft of the Tenant Improvement Plans to Tenant Landlord for Tenant’s Landlord's review and approval. Tenant Landlord shall within three two (32) business days weeks after receipt either provide comments to such Tenant Improvement Plans or approve the same. Tenant Landlord shall be deemed to have approved such Tenant Improvement Plans if Tenant it does not timely provide comments on such Tenant Improvement Plans. If Landlord provides Tenant provides Landlord with comments to the initial draft of the Tenant Improvement Plans, Landlord Tenant shall provide revised Tenant Improvement Plans to Tenant Landlord incorporating Tenant’s Landlord's comments within three (3) business days one week after receipt of Tenant’s Landlord's comments. Tenant Landlord shall within three (3) business days one week after receipt then either provide comments to such revised Tenant Improvement Plans or approve such Tenant Improvement Plans. Tenant Landlord shall be deemed to have approved such revised Tenant Improvement Plans if Tenant Landlord does not timely provide comments on such Tenant Improvement Plans. The process described above shall be repeated, if necessary, until the Tenant Improvement Plans have been finally been approved by Landlord. Tenant hereby agrees that the Plans for the Initial Improvements shall comply with all applicable Governmental Requirements. Landlord's approval of any of the Plans (or any modifications or changes thereto) shall not impose upon Landlord or its agents or representatives any obligation with respect to the design of the Initial Improvements or the compliance of such Initial Improvements or the Plans with applicable Governmental Requirements. Landlord, with consultation of Tenant.
, shall select a contractor to perform the construction of the Initial Improvements. Such contractor shall be selected by a competitive bid process between at least three (e3) contractors of which two (2) shall be selected by Landlord and at least one (1) by Tenant. Landlord, or an agent of Landlord, shall provide project management services in connection with the construction of the Initial Improvements and the Change Orders (defined belowhereinafter defined). Such project management services shall be performed without cost to performed, at Tenant's cost, except for Change Orders, which shall be performed for a fee of five percent $2,500.00. THIS THIRD AMENDMENT To LEASE by and between CDR Presidential, L.L.C., a Limited Liability Company organized under the State of Florida (5%"Landlord") of all costs related to the construction of the Change Orders. Tenant mayand Concord Camera Corp., at a New Jersey corporation ("Tenant’s discretion and sole cost and expense, engage a representative to oversee construction activities on Tenant’s behalf. Said representative shall coordinate its efforts with Landlord’s project manager and/or contractor, shall have full access to all information and documentation with respect to the Tenant Improvements and may be engaged throughout the design and construction process of the Tenant Improvements").
Appears in 1 contract
Samples: Lease (Concord Camera Corp)
Initial Improvements. (a) The final space plan Landlord, at Landlord's expense, shall perform or cause to be performed the initial work described on Exhibit F ("Landlord's Initial Work") in accordance with the “Space Plan”) for provisions thereof. On the PremisesPossession Date, mutually approved Tenant shall accept the Original Premises in its "as is" condition on such date; provided that Landlord's Initial Work shall be substantially complete as required under Section 1.03 above. All other improvements which do not constitute Landlord's Initial Work shall be performed by the Parties is attached as Appendix 1Tenant at Tenant's expense in accordance with Section 4.02.
(b) Landlord shall cause Tenant agrees to improve the Base Building Improvements (Original Premises and, if Tenant exercises Tenant's Expansion Option, the “Base Building Improvements”) described on Appendix 2 to be completed Expansion Space, in accordance with the plans detailed specifications and specifications (the “Building Plans”) working drawings to be prepared by Landlord, the Building Standards and Specifications (the “Building Standards”) attached as Appendix 3 and LawsTenant's architect. The Base Building Improvements shall be madedetailed specifications and working drawings are hereinafter referred to as "Tenant's Plans", and the Building work shown by the Tenant's Plans shall be prepared, at Landlord’s sole cost and expense, except that any changes, alterations, modifications or upgrades to:
(i) the Base Building Improvements or the Building Plans requested by Tenant and approved by Landlord; or
(ii) the Tenant Improvements or the Tenant Improvement Plans (both defined below) that result in changes, alterations, modifications or upgrades is hereinafter referred to the Base Building Improvements or the Building Plans, shall be made at as "Tenant’s sole cost and expense's Initial Improvements".
(c) Landlord Tenant shall also proceed forthwith to cause the Tenant Improvements (the “Tenant Improvements”) described on Appendix 2 Tenant's Plans to be completed prepared by an architect licensed as such in accordance with the Space PlanState of New York. Tenant's Plans, the plans including structural and specifications (including the tenant finishes) (the “Tenant Improvement Plans”) approved by the Partiesmechanical drawings and specifications, the Building Standards and Laws. Subject to the last sentence of this subparagraph (c), the Tenant Improvements shall be made, and the Tenant Improvement Plans shall be prepared, at Landlord’s cost and expense, except to the extent that, prepared at Tenant’s direction, the Tenant Improvements vary from the Space Plan or the Building Standards. To the extent that, at Tenant’s direction, the Tenant Improvements vary from the Space Plan or the Building Standards, such variance shall be made at Tenant’s 's sole cost and expense. Notwithstanding the foregoing to the contrary, Tenant shall pay to Landlord all costs incurred or payable by Landlord in making the Balconies accessible and usable by Tenant within ten (10) business days after the receipt of an invoice therefor, accompanied by such detail as may reasonably be requested by Tenant, which invoice may be delivered prior to the commencement of construction. (The Base Building Improvements and the Tenant Improvements are referred to in this Exhibit collectively as the “Initial Improvements.”) The Initial Improvements shall be completed free of any mechanics’ liens, except to the extent of any dispute in connection therewith, in which case Landlord shall adequately protect the Property from the foreclosure of any such lien.
(d) Landlord shall cause the Tenant Improvement Plans to be prepared by a registered professional architect and mechanical and electrical engineer(s). Landlord shall furnish the initial draft of the Tenant Improvement Plans to Tenant for Tenant’s review and approval. Tenant shall within submit at least three (3) business days after receipt either provide comments full sets of Tenant's Plans to such Tenant Improvement Landlord for Landlord's approval. Landlord agrees to review Tenant's Plans or and to approve the samesame or make written exceptions thereto within thirty (30) days from the date of the submission of the plans. Tenant Landlord agrees not to unreasonably withhold or delay its approval of Tenant's Plans, and failure by Landlord to provide the written exceptions within the thirty (30) day period aforesaid shall be deemed to have approved such Tenant Improvement Plans if Tenant does not timely provide comments on such Tenant Improvement approval of Tenant's Plans. If Tenant provides Landlord with comments to the initial draft of the Tenant Improvement disapproves Tenant's Plans, Landlord shall provide revised Tenant Improvement with the written exceptions to Tenant's Plans and Tenant shall revise them and re-submit them to Tenant incorporating Landlord for approval. Landlord shall review the resubmitted Tenant’s comments 's Plans and shall approve the same or make written exceptions thereto within three fifteen (315) business days after receipt from the date of the resubmission of the Plans. Upon approval by Landlord of Tenant’s comments. 's Plans, Tenant shall within three (3) business days after receipt then either provide comments submit the same to such revised Tenant Improvement Plans or approve such Tenant Improvement Plans. Tenant shall be deemed the New York City Department of Buildings for approval, to have approved such revised Tenant Improvement Plans if Tenant does not timely provide comments on such Tenant Improvement Plans. The process described above shall be repeatedthe extent required by law, and for issuance of a building permit to perform the Improvements, if necessary, until the Tenant Improvement Plans have finally been approved by Tenant.
(e) Landlord shall provide project management services in connection with the construction of the Initial Improvements and the Change Orders (defined below). Such project management services shall be performed without cost to Tenant, except for Change Orders, which shall be performed for a fee of five percent (5%) of all costs related to the construction of the Change Orders. Tenant may, at Tenant’s discretion and sole cost and expense, engage a representative to oversee construction activities on Tenant’s behalf. Said representative shall coordinate its efforts with Landlord’s project manager and/or contractor, shall have full access to all information and documentation with respect to the Tenant Improvements and may be engaged throughout the design and construction process of the Tenant Improvements.required by
Appears in 1 contract
Samples: Lease (Actv Inc /De/)
Initial Improvements. (ai) The Tenant, following the delivery of the Premises by Landlord and the full and final space plan execution and delivery of the Lease to which this Exhibit C is attached shall have the right to perform alterations and improvements in the Premises (the “Space PlanInitial Improvements”) ). Notwithstanding the foregoing, Tenant and its contractors shall not have the right to perform the Initial Improvements in the Premises unless and until Tenant has complied with all of the terms and conditions of Article 9 of the Lease, including, without limitation, approval by Landlord of the final plans for the Premises, mutually approved Initial Improvements and the contractors to be retained by Tenant to perform such Initial Improvements. Landlord hereby approves the Parties is conceptual plans for the Initial Improvements as shown on Schedule C-1 attached as Appendix 1.
(b) Landlord shall cause the Base Building Improvements hereto (the “Base Building ImprovementsConceptual Plans”) described ), and Landlord may not unreasonably withhold, delay, or condition its approval to the Initial Improvements shown on Appendix 2 to be completed in accordance with the any subsequently delivered plans and specifications with respect to elements of the Initial Improvements shown on the Conceptual Plans. To the extent Landlord objects to any plans or specifications for the Initial Improvements, it shall provide a reasonably detailed writing identifying the reasons for its objection. Landlord shall promptly provide all information, plans, and specifications with respect to the Building within Landlord’s possession or control (it being agreed that Landlord shall have no obligation to generate any new materials or summaries for the “Building Plans”benefit of Tenant) prepared by Landlordwhich Tenant reasonably requests in connection with the design and construction of the Initial Improvements. Tenant shall be responsible for all elements of the design of Tenant’s plans (including, without limitation, compliance with law, functionality of design, the Building Standards structural integrity of the design, the configuration of the Premises and Specifications (the “Building Standards”) attached as Appendix 3 placement of Tenant’s furniture, appliances and Lawsequipment), and Landlord’s approval of Tenant’s plans shall in no event relieve Tenant of the responsibility for such design. Landlord’s approval of the contractors to perform the Initial Improvements shall not be unreasonably withheld. The Base Building parties agree that Landlord’s approval of the general contractor to perform the Initial Improvements shall not be made, and the Building Plans shall considered to be prepared, at Landlord’s sole cost and expense, except that unreasonably withheld if any changes, alterations, modifications or upgrades to:
such general contractor (i) does not have trade references reasonably acceptable to Landlord, (ii) does not maintain insurance as required pursuant to the Base Building Improvements terms of this Lease, (iii) does not have the ability to be bonded for the work in an amount of no less than one hundred percent (100%) of the total estimated cost of the Initial Improvements, or (iv) is not licensed as a contractor in the Building Plans requested by state/municipality in which the Premises is located. Tenant and approved by Landlord; oracknowledges the foregoing is not intended to be an exclusive list of the reasons why Landlord may reasonably withhold its consent to a general contractor.
(ii) Tenant agrees to accept the Tenant Improvements or the Tenant Improvement Plans (both defined below) Premises in its “as-is” condition and configuration, it being agreed that result in changes, alterations, modifications or upgrades to the Base Building Improvements or the Building Plans, shall be made at Tenant’s sole cost and expense.
(c) Landlord shall also cause the Tenant Improvements (the “Tenant Improvements”) described on Appendix 2 to be completed in accordance with the Space Plan, the plans and specifications (including the tenant finishes) (the “Tenant Improvement Plans”) approved by the Parties, the Building Standards and Laws. Subject to the last sentence of this subparagraph (c), the Tenant Improvements shall be made, and the Tenant Improvement Plans shall be prepared, at except for Landlord’s cost and expenseobligation to provide Landlord’s Contribution, except to the extent that, at Tenant’s direction, the Tenant Improvements vary from the Space Plan or the Building Standards. To the extent that, at Tenant’s direction, the Tenant Improvements vary from the Space Plan or the Building Standards, such variance shall be made at Tenant’s sole cost and expense. Notwithstanding the foregoing to the contrary, Tenant shall pay to Landlord all costs incurred or payable by Landlord in making the Balconies accessible and usable by Tenant within ten (10) business days after the receipt of an invoice therefor, accompanied by such detail as may reasonably be requested by Tenant, which invoice may be delivered prior to the commencement of construction. (The Base Building Improvements and the Tenant Improvements are referred to in this Exhibit collectively as the “Initial Improvements.”) The Initial Improvements shall be completed free of any mechanics’ liens, except to the extent of any dispute in connection therewith, in which case Landlord shall adequately protect the Property from the foreclosure of any such lien.
(d) Landlord shall cause the Tenant Improvement Plans to be prepared by a registered professional architect and mechanical and electrical engineer(s). Landlord shall furnish the initial draft of the Tenant Improvement Plans to Tenant for Tenant’s review and approval. Tenant shall within three (3) business days after receipt either provide comments to such Tenant Improvement Plans or approve the same. Tenant shall be deemed to have approved such Tenant Improvement Plans if Tenant does not timely provide comments on such Tenant Improvement Plans. If Tenant provides Landlord with comments to the initial draft of the Tenant Improvement Planshereinafter defined, Landlord shall provide revised Tenant Improvement Plans not be required to Tenant incorporating Tenant’s comments within three (3) business days after receipt of Tenant’s comments. Tenant shall within three (3) business days after receipt then either provide comments to such revised Tenant Improvement Plans perform any work or approve such Tenant Improvement Plans. Tenant shall be deemed to have approved such revised Tenant Improvement Plans if Tenant does not timely provide comments on such Tenant Improvement Plans. The process described above shall be repeatedincur any costs, if necessary, until the Tenant Improvement Plans have finally been approved by Tenant.
(e) Landlord shall provide project management services in connection with the construction or demolition of any improvements in the Premises; provided, however, that this shall not affect any of Landlord’s obligations under Sections 5, 7, 9, 16 and 17 of the Initial Improvements and the Change Orders (defined below)Lease. Such project management services There shall be performed without cost no limits on the times during which Tenant and its contractors may perform the Initial Alterations.
(iii) This Exhibit shall not be deemed applicable to Tenant, except for Change Orders, which shall be performed for a fee of five percent (5%) of all costs related any additional space added to the construction Premises at any time or from time to time, whether by any options under the Lease or otherwise, or to any portion of the Change Orders. Tenant may, at Tenant’s discretion and sole cost and expense, engage a representative to oversee construction activities on Tenant’s behalf. Said representative shall coordinate its efforts with Landlord’s project manager and/or contractor, shall have full access to all information and documentation with respect original Premises or any additions to the Tenant Improvements and may be engaged throughout Premises in the design and construction process event of a renewal or extension of the Tenant Improvementsoriginal Term of the Lease, whether by any options under the Lease or otherwise, unless expressly so provided in the Lease or any amendment or supplement to the Lease.
Appears in 1 contract
Samples: Office Lease Agreement (Zipcar Inc)
Initial Improvements. (a) The final Landlord has caused an architect to prepare a space plan and detailed construction drawings based upon Tenant’s information (the “Space PlanDrawings”) for the Premises), mutually which Drawings have been approved by Landlord and Tenant and are attached hereto as Schedule 1 to Appendix C. The work to be performed to configure the Parties is attached Premises as Appendix 1.
(b) shown on the Drawings, including all permits and plans related thereto, shall be called the “Initial Improvements”. Landlord shall cause the Base Building Improvements (the “Base Building Improvements”) described on Appendix 2 to be completed in accordance with the plans and specifications (the “Building Plans”) prepared by Landlord, the Building Standards and Specifications (the “Building Standards”) attached as Appendix 3 and Laws. The Base Building Improvements shall be made, and the Building Plans shall be preparedresponsible for construction, at Landlord’s sole cost and expensecost, except that any changesof the Initial Improvements, alterations, modifications or upgrades to:
(i) the Base Building Improvements or the Building Plans requested by Tenant and approved by Landlord; or
(ii) the Tenant Improvements or the Tenant Improvement Plans (both defined below) that result in changes, alterations, modifications or upgrades to the Base Building Improvements or the Building Plans, shall be made at Tenant’s sole cost and expense.
(c) Landlord shall also cause the Tenant Improvements (the “Tenant Improvements”) described on Appendix 2 to be completed in accordance with the Space Plan, the plans and specifications (including the tenant finishes) (the “Tenant Improvement Plans”) approved by the Parties, the Building Standards and Laws. Subject to the last sentence of this subparagraph (c), the Tenant which Initial Improvements shall be madeconstructed in a good and workmanlike manner, free from latent or patent defects, and in compliance with all laws. Landlord and Tenant acknowledge and agree to review and approve in good faith within 5 days after receipt the redesign of the ducting in the first floor to accommodate the ceiling height in the Premises, and such redesign, once approved, shall become part of Schedule 1 and Schedule 2. Such redesign has been identified and agreed in concept by Landlord and Tenant Improvement Plans prior to the date hereof and will not be considered a “Change Order” as defined below. Landlord shall select one or more contractors to perform the Initial Improvements. All materials, finishes and installations shall be prepared, at Landlord’s cost and expensewithin the Building standard selection, except to the extent thatsuch materials, at Tenantfinishes and installations have been already identified on Schedule 1 or Schedule 2 as being part of the Initial Improvements, as reasonably approved by Tenant prior to Landlord’s directionselection and order thereof. Landlord shall use commercially reasonable efforts to cause the Initial Improvements to be substantially completed before the target Rent Commencement Date, the except for minor “Punch List” items, subject to Tenant Improvements vary from the Space Plan or the Building StandardsDelay (as defined in Section 4 hereof) and Force Majeure. To the extent that, at Tenant’s direction, the Tenant Improvements vary from the Space Plan or the Building Standards, such variance Punch List items shall be made at Tenant’s sole cost and expense. Notwithstanding the foregoing to the contrary, Tenant shall pay to Landlord all costs incurred or payable by Landlord in making the Balconies accessible and usable by Tenant completed within ten (10) business 30 days after the receipt of an invoice therefor, accompanied by such detail as may reasonably be requested by Tenant, which invoice may be delivered prior to the commencement of constructionCommencement Date. (The Base Building Improvements and the Tenant Improvements are referred to in this Exhibit collectively as the “Initial Improvements.”) The Initial Improvements shall be deemed substantially completed free (“Substantially Completed” or “Substantial Completion”) on the date that Landlord’s architect shall so indicate, subject only to minor or insubstantial details of any mechanics’ liensconstruction, except to the extent of any dispute in connection therewith, in which case Landlord shall adequately protect the Property from the foreclosure of any such lien.
(d) Landlord shall cause the Tenant Improvement Plans mechanical adjustment or decoration to be prepared by a registered professional architect and mechanical and electrical engineer(s). Landlord shall furnish performed, the initial draft incomplete state of which does not materially interfere with Tenant’s use of the Tenant Improvement Plans to Tenant Premises for Tenant’s review and approval. Tenant shall within three (3) business days after receipt either provide comments to such Tenant Improvement Plans or approve the same. Tenant shall be deemed to have approved such Tenant Improvement Plans if Tenant does not timely provide comments on such Tenant Improvement Plans. If Tenant provides Landlord with comments to the initial draft of the Tenant Improvement Plans, Landlord shall provide revised Tenant Improvement Plans to Tenant incorporating Tenant’s comments within three (3) business days after receipt of Tenant’s comments. Tenant shall within three (3) business days after receipt then either provide comments to such revised Tenant Improvement Plans or approve such Tenant Improvement Plans. Tenant shall be deemed to have approved such revised Tenant Improvement Plans if Tenant does not timely provide comments on such Tenant Improvement PlansPermitted Use. The process described above shall be repeated, if necessary, until the Tenant Improvement Plans have finally been approved by Tenant.
(e) Landlord shall provide project management services in connection with the construction of the Initial Improvements and the Change Orders (defined below). Such project management services shall be performed without cost to Tenantnot include cabling, except for Change Orderstelephone systems, which shall be performed for a fee of five percent (5%) of all costs related to the construction of the Change Orders. furniture, work stations, Tenant maytrade fixtures, at Tenant’s discretion and sole cost and expenseinformation technology, engage a representative to oversee construction activities or any other matter not specifically identified on Tenant’s behalf. Said representative shall coordinate its efforts with Landlord’s project manager and/or contractor, shall have full access to all information and documentation with respect to the Tenant Improvements and may be engaged throughout the design and construction process of the Tenant ImprovementsSchedule 1 or Schedule 2.
Appears in 1 contract
Initial Improvements. (a) The final space plan (Preliminary drawings of the “Space Plan”) for floor plans of the Premises, mutually approved by the Parties is Premises are attached as Appendix 1.
(b) Landlord shall cause the Base Building Improvements (the “Base Building Improvements”) described on Appendix 2 to be completed in accordance with the plans and specifications (the “Building Plans”) prepared by Landlord, the Building Standards and Specifications (the “Building Standards”) attached as Appendix 3 Landlord and Laws. The Base Building Improvements shall be made, and the Building Plans shall be prepared, at Landlord’s sole cost and expense, and the cost thereof shall not reduce the TI Allowance, except as provided in Paragraph 2 of this Exhibit and except that any changes, alterations, modifications or upgrades to:
(i) the Base Building Improvements or the Building Plans requested by Tenant and approved by Landlord; or
(ii) the Tenant Improvements or the Tenant Improvement Plans (both defined below) that result in changes, alterations, modifications or upgrades to the Base Building Improvements or the Building Plans, shall be made at Tenant’s sole cost and expense, subject to the TI Allowance. Landlord will provide one test fit and one update at no charge to Tenant, using Landlord’s preferred architect.
(c) Landlord shall cause a space plan (the “Space Plan”) for the Premises to be prepared by Landlord’s architect. Landlord shall furnish the initial draft of the Space Plan to Tenant for Tenant’s review and approval. Tenant shall within three (3) business days after receipt either provide comments to such Space Plan or approve the same. If Tenant provides Landlord with comments to the initial draft of the Space Plan, Landlord shall provide a revised Space Plan to Tenant incorporating Tenant’s comments within three (3) business days after receipt of Tenant’s comments. Tenant shall within three (3) business days after receipt then either provide comments to such revised Space Plan or approve such Space Plan. The process described above shall be repeated, if necessary, until the Space Plan finally has been approved by Tenant. The Space Plan shall be made at Tenant’s sole cost and expense, subject to the TI Allowance; provided, however, that Landlord shall provide an initial Space Plan and a second iteration of the Space Plan for Tenant without cost to Tenant.
(d) After the Space Plan finally has been approved by the Parties, Landlord shall also cause the Tenant Improvements (the “Tenant Improvements”) described on Appendix 2 to be completed in accordance with the Space Plan, the plans and specifications (including the tenant finishes) (the “Tenant Improvement Plans”) approved by the Parties, the Building Standards Parties and Laws. Subject to the last sentence of this subparagraph (c), the The Tenant Improvements shall be made, and the Tenant Improvement Plans shall be prepared, at Landlord’s cost and expense, except to the extent that, at Tenant’s direction, the Tenant Improvements vary from the Space Plan or the Building Standards. To the extent that, at Tenant’s direction, the Tenant Improvements vary from the Space Plan or the Building Standards, such variance shall be made at Tenant’s sole cost and expense. Notwithstanding the foregoing , subject to the contrary, Tenant shall pay to Landlord all costs incurred or payable by Landlord in making the Balconies accessible and usable by Tenant within ten (10) business days after the receipt of an invoice therefor, accompanied by such detail as may reasonably be requested by Tenant, which invoice may be delivered prior to the commencement of constructionTI Allowance. (The Base Building Improvements and the Tenant Improvements are referred to in this Exhibit collectively as the “Initial Improvements.”) The Initial Improvements shall be completed free of any mechanics’ liens, except to the extent of any dispute in connection therewith, in which case Landlord shall adequately protect the Property from the foreclosure of any such lien.
(de) Landlord shall cause the Tenant Improvement Plans to be prepared by a registered professional architect and mechanical and electrical engineer(s). Landlord shall furnish the initial draft of the Tenant Improvement Plans to Tenant for Tenant’s review and approval. Tenant shall within three (3) business days after receipt either provide comments to such Tenant Improvement Plans or approve the same. Tenant shall be deemed to have approved such Tenant Improvement Plans if Tenant does not timely provide comments on such Tenant Improvement Plans. If Tenant provides Landlord with comments to the initial draft of the Tenant Improvement Plans, Landlord shall provide revised Tenant Improvement Plans to Tenant incorporating Tenant’s comments within three (3) business days after receipt of Tenant’s comments. Tenant shall within three (3) business days after receipt then either provide comments to such revised Tenant Improvement Plans or approve such Tenant Improvement Plans. Tenant shall be deemed to have approved such revised Tenant Improvement Plans if Tenant does not timely provide comments on such Tenant Improvement Plans. The process described above shall be repeated, if necessary, until the Tenant Improvement Plans have finally been approved by Tenant.
(ef) All bids and all costs will be provided to Tenant for approval per an “open book” process. The cost of the Tenant Improvements shall be calculated at Landlord’s actual cost, with no additional markup or profit to Landlord. Landlord shall provide Tenant with reasonable input into the bidding process (including bid review) so long as Tenant’s actions do not delay such process or the completion of the Initial Improvements; provided, however, that Landlord reserves the sole right and discretion, acting reasonably, to make all final decisions regarding selection of contractors, subcontractors and material suppliers, unless (except for all design/build subcontractors, that is, fire/life safety, mechanical, electrical and plumbing subcontractors, which shall not be subject to the following limitation) Tenant, acting reasonably, objects within three (3) business days after the acceptance of any bid of any subcontractor or material supplier to such bid as being an above-market bid (which objection shall be accompanied by a statement of the correct amount of a market bid and reasonable supporting evidence for such statement, such as, for example, a market bid from another reputable subcontractor or material supplier), in which case Landlord shall either cause such subcontractor or material supplier to reduce its bid to a market bid, or designate to Tenant another subcontractor or material supplier that provides a market bid. Landlord shall negotiate with its architects, contractors and suppliers to ensure that the design and construction of the Tenant Improvements are completed using high quality materials and workmanship, with such materials and workmanship being completed at fair market/industry standard costs. Landlord shall use its best efforts to cause the final bids to be competitive for tenant improvements to Comparable Buildings.
(g) Within three (3) business days following the award of all bids for the Tenant Improvements, Landlord shall prepare or caused to be prepared on an open-book basis a construction budget for the Tenant Improvements, which shall reflect the costs set forth in all of such bids and shall be submitted to Tenant for Tenant’s approval. Tenant shall have three (3) business days following receipt of such budget to approve or request clarifications to the same and/or to perform value engineering and make changes to the Tenant Improvement Plans. Tenant shall be deemed to have approved such budget if Tenant does not timely provide comments on such budget. If Tenant provides Landlord with comments to the initial draft of such budget, Landlord shall provide a revised construction budget to Tenant incorporating Tenant’s comments within three (3) business days after receipt of Tenant’s comments. Tenant shall within three (3) business days after receipt then either provide comments to such revised budget or approve such budget. Tenant shall be deemed to have approved such revised budget if Tenant does not timely provide comments on such budget. The process described above shall be repeated, if necessary, until such budget finally has been approved by Tenant. On Tenant’s approval of the budget, Landlord shall submit to Tenant for Tenant’s signature a “Notice to Proceed with Construction” agreement which shall itemize all costs associated with the Tenant Improvements, and include Tenant’s agreement to pay for any such improvement costs in excess of the TI Allowance. Tenant shall execute the Notice to Proceed with Construction within three (3) business days after Tenant’s receipt of the same and prior to construction.
(h) Landlord shall provide project management services in connection with the construction of the Initial Improvements and the Change Orders (defined below). Such project management services shall be performed without at Tenant’s sole cost and expense, subject to Tenantthe TI Allowance, except for Change Orders, which shall be performed for a fee of two percent (2%) of all costs related to the preparation of the Tenant Improvement Plans and the construction of the Tenant Improvements and the Change Orders. Except for the fee described in the immediately preceding sentence, and for the general conditions, overhead and profit of the general contractor (which may include Landlord acting as the general contractor) (which fee, together with the general conditions, overhead and profit of the general contractor, will not exceed a total of five percent (5%) of all costs related to the preparation of the Tenant Improvement Plans and the construction of the Tenant Improvements and the Change Orders), no other administrative or supervisory fee shall be payable by Tenant in connection with the Tenant Improvements or Change Orders. Tenant may, at Tenant’s discretion and sole cost and expense, engage a representative to oversee construction activities on Tenant’s behalf. Said representative shall coordinate its efforts with Landlord’s project manager and/or contractor, shall have full access to all information and documentation with respect to the Tenant Improvements and may be engaged throughout the design and construction process of the Tenant Improvements.
Appears in 1 contract
Samples: Lease (Purple Innovation, Inc.)
Initial Improvements. (a) The final space plan (Preliminary drawings of the “Space Plan”) for floor plans of the Premises, mutually approved by the Parties is Premises are attached as Appendix 1.
(b) Landlord shall cause the Base Building Improvements (the “Base Building Improvements”) described on Appendix 2 to be completed in accordance with the plans and specifications (the “Building Plans”) prepared by Landlordin accordance with subparagraph (d) below, and, to the extent applicable, the Building Standards and Specifications (the “Building Standards”) attached as Appendix 3 3. (Tenant may work with Landlord to “value engineer” the floor lobbies on the garden level and Lawssecond through fifth floors to replace granite flooring with carpet, and with respect to the design of the ceilings and walls. Any amount actually saved by such value engineering shall be added to the TI Allowance, as defined below.) The Base Building Improvements shall be made, and the Building Plans shall be prepared, at Landlord’s sole cost and expense, except that any changes, alterations, modifications or upgrades to:
(i) and the Base Building Improvements or cost thereof shall not reduce the Building Plans requested by Tenant and approved by Landlord; or
(ii) the Tenant Improvements or the Tenant Improvement Plans (both defined below) that result in changes, alterations, modifications or upgrades to the Base Building Improvements or the Building Plans, shall be made at Tenant’s sole cost and expenseTI Allowance.
(c) Subject to Paragraph 1(f) of this Exhibit, Landlord shall also cause the Tenant Improvements (the “Tenant Improvements”) described on Appendix 2 to be completed in accordance with the Space Plan, the plans and specifications (including the tenant finishes) (the “Tenant Improvement Plans”) approved by the PartiesLandlord and Tenant, and the Building Standards and LawsSpecifications attached as Appendix 3, subject to any modifications made by Tenant and approved by Landlord in accordance with this Exhibit. Subject to the last sentence of this subparagraph (c), the The Tenant Improvements shall be made, and the Tenant Improvement Plans shall be prepared, at LandlordTenant’s cost and expensecost, except subject to the extent that, at Tenant’s direction, the Tenant Improvements vary from the Space Plan or the Building Standards. To the extent that, at Tenant’s direction, the Tenant Improvements vary from the Space Plan or the Building Standards, such variance shall be made at Tenant’s sole cost and expense. Notwithstanding the foregoing to the contrary, Tenant shall pay to Landlord all costs incurred or payable by Landlord in making the Balconies accessible and usable by Tenant within ten (10) business days after the receipt of an invoice therefor, accompanied by such detail as may reasonably be requested by Tenant, which invoice may be delivered prior to the commencement of constructionTI Allowance. (The Base Building Improvements and the Tenant Improvements are referred to in this Exhibit collectively as the “Initial Improvements.” The Building Plans and the Tenant Improvement Plans are referred to in this Exhibit collectively as the “Plans.”) The Initial Improvements shall be completed free of any mechanics’ liens, except to the extent of any dispute in connection therewith, in which case Landlord shall adequately protect the Property from the foreclosure of any such lien.)
(d) Landlord shall cause the Building Plans to be prepared by a registered professional architect. Landlord shall furnish the initial draft of the Building Plans to Tenant for Tenant’s review. Tenant shall have two (2) weeks after receipt to provide comments to such Plans.
(e) Tenant shall cause the Tenant Improvement Plans to be prepared by a registered professional architect and mechanical and electrical engineer(s)as soon as reasonably practicable, but no later than six (6) months after date of the Lease. Landlord Tenant shall furnish the initial draft of the Tenant Improvement Plans to Tenant Landlord for TenantLandlord’s review and approval. Tenant Landlord shall within three two (32) business days weeks after receipt either provide comments to such Tenant Improvement Plans or approve the same. Tenant Landlord shall be deemed to have approved such Tenant Improvement Plans if Tenant Landlord does not timely provide comments on such Tenant Improvement Plans. If Landlord provides Tenant provides Landlord with comments to the initial draft of the Tenant Improvement Plans, Landlord Tenant shall provide revised Tenant Improvement Plans to Tenant Landlord incorporating TenantLandlord’s comments within three (3) business days one week after receipt of TenantLandlord’s comments. Tenant Landlord shall within three (3) business days one week after receipt then either provide comments to such revised Tenant Improvement Plans or approve such Tenant Improvement Plans. Tenant Landlord shall be deemed to have approved such revised Tenant Improvement Plans if Tenant Landlord does not timely provide comments on such Tenant Improvement Plans. The process described above shall be repeated, if necessary, until the Tenant Improvement Plans have been finally been approved by TenantLandlord.
(ef) Millrock Development, LLC shall perform the construction of the Tenant Improvements on the initial Premises only, using a competitive bidding process, excluding electrical and mechanical items previously bid. (As used in this Exhibit C, “initial Premises” means the approximately 95,000 rentable square feet initially covered by the Lease, and does not include any other space, such as the First Expansion Space or the Second Expansion Space (as defined in the Rider attached to the Lease).) Tenant shall have the right to approve the contractors/subcontractors for the Tenant Improvements, subject to the proviso in this subparagraph below. Landlord shall solicit a minimum of three (3) bids from all construction trades involved in the Tenant Improvement process. Tenant shall have the right to review and approve the subcontractors based on the competitive bid process, subject to the proviso in this subparagraph below. All bids and all costs will be provided to Tenant for approval per an “open book” process. The cost of the Tenant Improvements shall be calculated at Landlord’s actual cost, with no additional markup or profit. Landlord shall, in good faith and in a commercially reasonable manner, provide Tenant with commercially reasonable input into the bidding process (including bid review) so long as Tenant’s actions do not delay such process or the completion of the Tenant Improvements; provided, however, that Landlord reserves the sole right and discretion, acting in good faith and in a commercially reasonable manner, to make all final decisions regarding selection of contractors. Landlord shall use commercially reasonable efforts to cause the Tenant Improvements to be substantially completed, except for minor “punch list” items, on or before the projected Commencement Date set forth in Paragraph 1.3 of the Lease, subject to Tenant Delay (as defined in Paragraph 4 of this Exhibit) and force majeure (as described in Paragraph 22.2 of the Lease).
(g) Landlord or an agent of Landlord shall provide project management services in connection with the construction of the Initial Tenant Improvements and the Change Orders (defined below)) for the initial Premises only. Such project Project management services shall be performed without cost to Tenant, except for Change Orders, which shall be performed for a fee of five percent (5%) of all costs related to the construction of the Change Orders. Tenant may, at Tenant’s discretion and sole cost and expense, engage a representative to oversee construction activities on Tenant’s behalf. Said representative shall coordinate its efforts with Landlord’s project manager and/or contractor, shall have full access to all information and documentation with respect to the Tenant Improvements and may any Change Orders shall be engaged throughout performed at Tenant’s cost, to the design and construction process extent that such cost (together with all other costs payable by Tenant under this Exhibit C) exceeds the TI Allowance, for a fee of two percent (2%) of the Tenant ImprovementsTI Allowance only for the initial Premises only.
Appears in 1 contract
Initial Improvements. (a) The final space plan (the “Space Plan”) for the Premises, mutually approved by the Parties is attached as Appendix 1.
(b) Landlord shall cause to be performed the Base Building Improvements improvements (the “Base Building "Initial Improvements”") described on Appendix 2 to be completed in the Premises in accordance with the plans and specifications (the “Building Plans”) prepared by Landlord, the Building Standards and Specifications (the “Building Standards”) attached as Appendix 3 and Laws. The Base Building Improvements shall be made, and the Building Plans shall be prepared, at Landlord’s sole cost and expense, except that any changes, alterations, modifications or upgrades to:
(i) the Base Building Improvements or the Building Plans requested approved by Tenant and approved by Landlord; or
(ii) the Tenant Improvements or the Tenant Improvement Plans (both defined below) that result in changes, alterations, modifications or upgrades to the Base Building Improvements or the Building Plans, shall be made at Tenant’s sole cost and expense.
(c) Landlord shall also cause the Tenant Improvements (the “Tenant Improvements”) described on Appendix 2 to be completed in accordance with the Space Plan, the plans and specifications (including the tenant finishes) (the “Tenant Improvement "Plans”) approved by the Parties, the Building Standards and Laws. Subject to the last sentence of this subparagraph (c"), the Tenant Improvements which approvals shall not be made, and the Tenant Improvement Plans shall be prepared, at Landlord’s cost and expense, except to the extent that, at Tenant’s direction, the Tenant Improvements vary from the Space Plan or the Building Standardsunreasonably withheld. To the extent that, at Tenant’s direction, the Tenant Improvements vary from the Space Plan or the Building Standards, such variance shall be made at Tenant’s sole cost and expense. Notwithstanding the foregoing to the contrary, Tenant shall pay to Landlord all costs incurred or payable by Landlord in making the Balconies accessible and usable by Tenant within ten (10) business days after the receipt of an invoice therefor, accompanied by such detail as may reasonably be requested by Tenant, which invoice may be delivered prior to the commencement of construction. (The Base Building Improvements and the Tenant Improvements are referred to in this Exhibit collectively as the “Initial Improvements.”) The Initial Improvements shall be completed free of any mechanics’ liensperformed at the Tenant's cost, except subject to the extent Landlord's Contribution (hereinafter defined). The Initial Improvements shall include the installation of any dispute in connection therewith, in which case Landlord shall adequately protect a separate meter for Tenant's computer room (the Property from the foreclosure of any such lien.
(d) "Meter"). Landlord shall cause the Tenant Improvement Plans to be prepared prepared, at Tenant's cost, by a registered professional architect and mechanical and electrical engineer(s). Landlord shall furnish , approved by the initial draft of the Tenant Improvement Plans to Tenant for Tenant’s review and approvalLandlord. Tenant shall within three two (32) business days weeks after receipt of the Plans either provide reasonable and detailed written comments to such Tenant Improvement Plans or approve the same. Tenant shall be deemed to have approved such Tenant Improvement Plans if Tenant it does not timely provide comments on such Tenant Improvement Plans. If Landlord provides Tenant provides Landlord with comments to the initial draft of the Tenant Improvement revised Plans, Landlord shall provide revised Tenant Improvement Plans to Tenant incorporating Tenant’s comments within three (3) business days after receipt of Tenant’s comments. Tenant shall within three (3) business days one week after receipt then either provide reasonable and detailed written comments to such revised Tenant Improvement Plans or approve such Tenant Improvement Plans. Tenant shall be deemed to have approved such revised Tenant Improvement Plans if Tenant does not timely provide comments on such Tenant Improvement Plans. The process described above Tenant hereby acknowledges and agrees that the Plans for the Initial Improvements must comply with all applicable Governmental Requirements, but that Landlord's preparation of any of the Plans (or any modifications or changes thereto) shall not impose upon Landlord or its agents or representatives any obligation with respect to the design of the Initial Improvements or the compliance of such Initial Improvements or the Plans with applicable Governmental Requirements. Landlord, with consultation of Tenant, shall select a contractor to perform the construction of the Initial Improvements. Landlord shall use commercially reasonable efforts to cause the Initial improvements for each Phase of the Premises to be repeatedsubstantially completed, if necessaryexcept for minor "Punch List" items, until on or before the Estimated Commencement Date for such Phase of the Premises specified in the Schedule to the Lease, subject to Tenant Improvement Plans have finally been approved by Tenant.
Delay (eas defined in Section 4 hereof) Landlord and Force Majeure. Landlord, or an agent of Landlord, shall provide project management services in connection with the construction of the Initial Improvements and the Change Orders (defined belowhereinafter defined). Such project management services shall be performed without cost to performed, at Tenant's cost, except for Change Orders, which shall be performed for a fee of five percent (5%) of all costs related to the preparation of the Plans and the construction of the Initial Improvements and the Change Orders. Tenant may, at Tenant’s discretion and sole cost and expense, engage a representative to oversee construction activities on Tenant’s behalf. Said representative shall coordinate its efforts with Landlord’s project manager and/or contractor, shall have full access to all information and documentation with respect to the Tenant Improvements and may be engaged throughout the design and construction process of the Tenant Improvements.
Appears in 1 contract
Samples: Lease (Zland Com Inc)
Initial Improvements. (a) The final space plan (the “Space Plan”) Subject to reimbursement by Subtenant as provided herein, Sublandlord shall arrange for the Premises, mutually approved by construction and installation of initial improvements to the Parties is attached as Appendix 1.
(b) Landlord shall cause the Base Building Improvements (the “Base Building Improvements”) described on Appendix 2 to be completed Subleased Premises substantially in accordance with the plans and specifications (the “Building Plans”) prepared by LandlordM.B.H. Architects, the Building Standards dated October 28, 1999, subject to further refinement and Specifications changes therein as determined from time to time by Sublandlord (the “Building Standards”) attached as Appendix 3 and Laws"INITIAL IMPROVEMENTS"). The Base Building Improvements shall be made, and the Building Plans shall be prepared, at Landlord’s sole cost and expense, except that any changes, alterations, modifications or upgrades to:
(i) the Base Building Improvements or the Building Plans requested by Tenant and approved by Landlord; or
(ii) the Tenant Improvements or the Tenant Improvement Plans (both defined below) that result in changes, alterations, modifications or upgrades to the Base Building Improvements or the Building Plans, shall be made at Tenant’s sole cost and expense.
(c) Landlord shall also cause the Tenant Improvements (the “Tenant Improvements”) described on Appendix 2 to be completed in accordance with the Space Plan, the plans and specifications (including the tenant finishes) (the “Tenant Improvement Plans”) approved by the Parties, the Building Standards and Laws. Subject to the last sentence of this subparagraph (c), the Tenant Improvements shall be made, and the Tenant Improvement Plans shall be prepared, at Landlord’s cost and expense, except to the extent that, at Tenant’s direction, the Tenant Improvements vary from the Space Plan or the Building Standards. To the extent that, at Tenant’s direction, the Tenant Improvements vary from the Space Plan or the Building Standards, such variance shall be made at Tenant’s sole cost and expense. Notwithstanding the foregoing to the contrary, Tenant shall pay to Landlord all costs incurred or payable by Landlord in making the Balconies accessible and usable by Tenant within ten (10) business days after the receipt of an invoice therefor, accompanied by such detail as may reasonably be requested by Tenant, which invoice may be delivered prior to the commencement of construction. (The Base Building Improvements and the Tenant Improvements are referred to in this Exhibit collectively as the “Initial Improvements.”) The Initial Improvements shall be completed free of any mechanics’ liensin a good and workmanlike manner. For all purposes hereof, except to the extent of any dispute in connection therewith, in which case Landlord shall adequately protect the Property from the foreclosure of any such lien.
(d) Landlord shall cause the Tenant Improvement Plans to be prepared by a registered professional architect and mechanical and electrical engineer(s). Landlord shall furnish the initial draft construction of the Tenant Improvement Plans to Tenant for Tenant’s review and approval. Tenant shall within three (3) business days after receipt either provide comments to such Tenant Improvement Plans or approve the same. Tenant shall Initial Improvements will be deemed to have approved be "SUBSTANTIALLY COMPLETE" at such Tenant Improvement Plans if Tenant does time as Sublandlord, in good faith, notifies Subtenant that the construction thereof has been completed except for punch list items and any other items which will not timely provide comments on materially interfere with Subtenant's use and occupancy, and except for equipment and other items to be installed by Subtenant. Sublandlord shall assign to Subtenant all warranties and guaranties by the general contractor with respect to such Tenant Improvement Plans. If Tenant provides Landlord contractor's construction of the Initial Improvements (which warranties and guaranties shall be substantially comparable to those obtained by Sublandlord from such general contractor with comments respect to the initial draft construction of the Tenant Improvement Plansinitial improvements in the respective portions of the Premises to be occupied by Sublandlord and its other subtenants), Landlord and Subtenant shall provide revised Tenant Improvement Plans to Tenant incorporating Tenant’s comments within three (3) business days after receipt of Tenant’s comments. Tenant shall within three (3) business days after receipt then either provide comments look solely to such revised Tenant Improvement Plans general contractor for all claims relating to or approve such Tenant Improvement Plans. Tenant shall be deemed to have approved such revised Tenant Improvement Plans if Tenant does not timely provide comments on such Tenant Improvement Plans. The process described above shall be repeated, if necessary, until the Tenant Improvement Plans have finally been approved by Tenant.
(e) Landlord shall provide project management services in connection with arising out of the construction of the Initial Improvements. Sublandlord shall provide Subtenant, from time to time, with a statement or statements specifying the amount to be paid on account of the Initial Improvements and the Change Orders Subtenant shall pay such amount within fifteen (defined below). Such project management services shall be performed without cost to Tenant, except for Change Orders, which shall be performed for a fee 15) days after receipt of five percent (5%) of all costs related to the construction of the Change Orders. Tenant may, at Tenant’s discretion and sole cost and expense, engage a representative to oversee construction activities on Tenant’s behalf. Said representative shall coordinate its efforts with Landlord’s project manager and/or contractor, shall have full access to all information and documentation with respect to the Tenant Improvements and may be engaged throughout the design and construction process of the Tenant Improvementssuch statement.
Appears in 1 contract
Samples: Sublease (Williams Sonoma Inc)
Initial Improvements. (a) The final space plan (Tenant shall improve the “Space Plan”) for the Premises, mutually approved by the Parties is attached as Appendix 1.
(b) Landlord shall cause the Base Building Improvements (the “Base Building Improvements”) described on Appendix 2 to be completed Premises substantially in accordance with the plans and specifications (the “Building Plans”) prepared to be provided by LandlordTenant on or about January 15, the Building Standards 2006, and Specifications (to be confirmed by a walk through conducted by Landlord and Tenant no later than January 31, 2006. Landlord and Tenant agree that a confirmation of such Plans shall be executed by Landlord and Tenant and incorporated into this Lease as Exhibit E. Such improvements to be made by Tenant herein are the “Building Standards”) attached as Appendix 3 Initial Improvements.” Tenant hereby agrees that the Initial Improvements shall comply with all applicable Legal Requirements and Lawsthe Americans With Disabilities Act. The Base Building All Initial Improvements shall be madeinsured under a construction property insurance policy, insuring the replacement value from time to time of the Initial Improvements. In addition, Tenant shall carry, or cause its contractors to carry (a) workers’ compensation insurance in statutory limits covering all persons employed in connection with such Initial Improvements, and the Building Plans (b) commercial general liability insurance, including contractor’s liability coverage, contractual liability coverage, broad form property damage endorsement, and contractor’s protective liability coverage, to afford protection with limits, for each occurrence, of not less than ONE MILLION AND NO/100 DOLLARS ($1,000,000.00) with respect to personal injury, death or property damage. All Initial Improvements shall be preparedconstructed in a good and workmanlike manner, at Landlord’s sole cost and expense, except that any changes, alterations, modifications or upgrades to:
(i) the Base Building Improvements or the Building Plans requested by Tenant and approved by Landlord; or
(ii) the Tenant Improvements or the Tenant Improvement Plans (both defined below) that result in changes, alterations, modifications or upgrades to the Base Building Improvements or the Building Plans, only good grades of materials shall be made at Tenant’s sole cost and expense.
(c) Landlord shall also cause the Tenant Improvements (the “Tenant Improvements”) described on Appendix 2 to be completed in accordance with the Space Plan, the plans and specifications (including the tenant finishes) (the “Tenant Improvement Plans”) approved by the Parties, the Building Standards and Lawsused. Subject to the last sentence of this subparagraph (c)Landlord’s prior written approval, the which shall not be unreasonably withheld or delayed, Tenant Improvements shall be mademay engage its own project managers, engineers, general contractor, and subcontractors to construct the Initial Improvements. Tenant Improvement shall permit Landlord to observe and monitor all Initial Improvements and shall provide Landlord with electronic copies of modifications to the Plans. Any substantial deviation from the Plans shall require the prior written approval of Landlord, which approval shall not be preparedunreasonably withheld or delayed; provided, at Landlord’s cost and expensehowever, except to the extent that, at Tenant’s direction, the Tenant Improvements vary from the Space Plan or the Building Standards. To the extent that, at Tenant’s direction, the Tenant Improvements vary from the Space Plan or the Building Standards, such variance shall be made at Tenant’s sole cost and expense. Notwithstanding the foregoing to the contrary, that Tenant shall pay to Landlord all costs incurred or payable by Landlord in making a management fee equal to one percent (1%) of the Balconies accessible and usable by Tenant within ten (10) business days after cost of the receipt of an invoice therefor, accompanied by such detail as may reasonably be requested by Tenant, which invoice may be delivered prior work relative to the commencement deviation from the Plans. For purposes hereof, a substantial deviation from the Plans shall mean a deviation costing FIFTY THOUSAND AND NO/100 DOLLARS ($50,000.00) or more, or a deviation that would require the approval of the City of Xxxxxxx or other permitting authority, or the approval of any property owners association of which the Project is a part. Landlord shall not charge any review or management fee related to routine reviews or approvals during the course of construction. (The Base Building Improvements and Upon completion of the Initial Improvements, Tenant Improvements are referred shall provide to in this Exhibit collectively as Landlord an electronic version of the “as-built” plans for the Initial Improvements.”) The Initial Improvements shall be completed free of any mechanics’ liens, except to the extent of any dispute in connection therewithand, in which case Landlord shall adequately protect the Property from the foreclosure of any such lien.
(d) Landlord shall cause the Tenant Improvement Plans to be prepared by a registered professional architect and mechanical and electrical engineer(s). Landlord shall furnish the initial draft of the Tenant Improvement Plans to Tenant for Tenantat Landlord’s review and approval. Tenant shall within request, three (3) business days after receipt either provide comments to such Tenant Improvement Plans or approve copies of the same. Tenant shall be deemed to have approved such Tenant Improvement Plans if Tenant does not timely provide comments on such Tenant Improvement Plans. If Tenant provides Landlord with comments to the initial draft of the Tenant Improvement Plans, Landlord shall provide revised Tenant Improvement Plans to Tenant incorporating Tenant’s comments within three (3) business days after receipt of Tenant’s comments. Tenant shall within three (3) business days after receipt then either provide comments to such revised Tenant Improvement Plans or approve such Tenant Improvement Plans. Tenant shall be deemed to have approved such revised Tenant Improvement Plans if Tenant does not timely provide comments on such Tenant Improvement Plans. The process described above shall be repeated, if necessary, until the Tenant Improvement Plans have finally been approved by Tenant.
(e) Landlord shall provide project management services in connection with the construction of the Initial Improvements and the Change Orders (defined below). Such project management services shall be performed without cost to Tenant, except for Change Orders, which shall be performed for a fee of five percent (5%) of all costs related to the construction of the Change Orders. Tenant may, at Tenant’s discretion and sole cost and expense, engage a representative to oversee construction activities on Tenant’s behalf. Said representative shall coordinate its efforts with Landlord’s project manager and/or contractor, shall have full access to all information and documentation with respect to the Tenant Improvements and may be engaged throughout the design and construction process of the Tenant Improvements.
Appears in 1 contract
Samples: Single Occupancy Net Lease Agreement (Griffin Capital Net Lease REIT, Inc.)
Initial Improvements. (a) The final space plan Landlord shall cause to be performed the improvements (the “Space Plan”"Initial Improvements") for in the Premises, mutually Premises in accordance with plans and specifications approved by Tenant and Landlord (the Parties is attached as Appendix 1.
"Plans"), which approvals shall not be unreasonably withheld. The Initial Improvements shall be performed at the Tenant's cost, subject to the Landlord's Contribution (b) hereinafter defined). The Initial Improvements shall include Tenant's building and common area signage. Landlord shall cause the Base Building Improvements (the “Base Building Improvements”) described on Appendix 2 Plans to be completed in accordance with the plans and specifications (the “Building Plans”) prepared by Landlord, the Building Standards and Specifications (the “Building Standards”) attached as Appendix 3 and Laws. The Base Building Improvements shall be made, and the Building Plans shall be prepared, at Landlord’s sole 's cost and expenseas part of Landlord's Contribution, except that any changes, alterations, modifications or upgrades to:
(i) the Base Building Improvements or the Building Plans requested by Tenant and approved by Landlord; or
(ii) the Tenant Improvements or the Tenant Improvement Plans (both defined below) that result in changes, alterations, modifications or upgrades to the Base Building Improvements or the Building Plans, shall be made at Tenant’s sole cost and expense.
(c) Landlord shall also cause the Tenant Improvements (the “Tenant Improvements”) described on Appendix 2 to be completed in accordance with the Space Plan, the plans and specifications (including the tenant finishes) (the “Tenant Improvement Plans”) approved by the Parties, the Building Standards and Laws. Subject to the last sentence of this subparagraph (c), the Tenant Improvements shall be made, and the Tenant Improvement Plans shall be prepared, at Landlord’s cost and expense, except to the extent that, at Tenant’s direction, the Tenant Improvements vary from the Space Plan or the Building Standards. To the extent that, at Tenant’s direction, the Tenant Improvements vary from the Space Plan or the Building Standards, such variance shall be made at Tenant’s sole cost and expense. Notwithstanding the foregoing to the contrary, Tenant shall pay to Landlord all costs incurred or payable by Landlord in making the Balconies accessible and usable by Tenant within ten (10) business days after the receipt of an invoice therefor, accompanied by such detail as may reasonably be requested by Tenant, which invoice may be delivered prior to the commencement of construction. (The Base Building Improvements and the Tenant Improvements are referred to in this Exhibit collectively as the “Initial Improvements.”) The Initial Improvements shall be completed free of any mechanics’ liens, except to the extent of any dispute in connection therewith, in which case Landlord shall adequately protect the Property from the foreclosure of any such lien.
(d) Landlord shall cause the Tenant Improvement Plans to be prepared by a registered professional architect architect, and mechanical and electrical engineer(s). Within forty-five (45) days after the date of the Lease, Landlord shall furnish the initial draft of the Tenant Improvement Plans to Tenant for Tenant’s 's review and approval. Tenant shall within three two (32) business days weeks after receipt either provide comments to such Tenant Improvement Plans or approve the same. Tenant shall be deemed to have approved such Tenant Improvement Plans if Tenant it does not timely provide comments on such Tenant Improvement PlansPlans within such 2-week period. If Tenant provides Landlord with comments to the initial draft of the Tenant Improvement Plans, Landlord shall provide revised Tenant Improvement Plans to Tenant incorporating Tenant’s 's comments within three (3) business days one week after receipt of Tenant’s 's comments. Tenant shall within three (3) business days one week after receipt then either provide comments to such revised Tenant Improvement Plans or approve such Tenant Improvement Plans. Tenant shall be deemed to have approved such revised Tenant Improvement Plans if Tenant does not timely provide comments on such Tenant Improvement PlansPlans within such 1-week period. The process described above shall be repeated, if necessary, until the Tenant Improvement Plans have been finally been approved by Tenant.
. Landlord, with consultation of Tenant, shall select a contractor to perform the construction of the Initial Improvements. Landlord shall use commercially reasonable efforts to cause the Initial Improvements to be substantially completed, except for minor "Punch List" items, on or before the Commencement Date specified in the Schedule to the Lease, subject to Tenant Delay (eas defined in Section 4 hereof) Landlord and Force Majeure. Landlord, or an agent of Landlord, shall provide project management services in connection with the construction of the Initial Improvements and the Change Orders (defined belowhereinafter defined). Such project management services shall be performed without cost to performed, at Tenant's cost, except for Change Orders, which shall be performed for a fee of five two percent (52%) of all costs related to the preparation of the Plans and the construction of the Initial Improvements and the Change Orders. Tenant may, at Tenant’s discretion and sole cost and expense, engage a representative to oversee construction activities on Tenant’s behalf. Said representative shall coordinate its efforts with Landlord’s project manager and/or contractor, shall have full access to all information and documentation with respect to the Tenant Improvements and may be engaged throughout the design and construction process of the Tenant Improvements.
Appears in 1 contract
Samples: Lease Agreement (Netsolve Inc)
Initial Improvements. (a) The final space plan (the “Space Plan”) for the Premises, mutually approved by the Parties is attached as Appendix 1.
(b) Landlord shall cause the Base Building Improvements (the “Base Building Improvements”) described on Appendix 2 to be completed in accordance with the plans and specifications (the “Building Plans”) prepared by Landlord, the Building Standards and Specifications (the “Building Standards”) attached as Appendix 3 and Laws. The Base Building Improvements shall be made, and the Building Plans shall be preparedTenant shall, at Landlord’s its sole cost and expense, except that any changes, alterations, modifications or upgrades to:
(i) perform the Base Building Initial Improvements or the Building Plans requested by Tenant described in and approved by Landlord; or
(ii) the Tenant Improvements or the Tenant Improvement Plans (both defined below) that result in changes, alterations, modifications or upgrades to the Base Building Improvements or the Building Plans, shall be made at Tenant’s sole cost and expense.
(c) Landlord shall also cause the Tenant Improvements (the “Tenant Improvements”) described on Appendix 2 to be completed in accordance with the Space Plan, the plans RFP Response and specifications (including the tenant finishes) that certain Agreement by and between Landlord and Tenant dated (the “Tenant Improvement PlansAgreement”) approved ), a description of such Initial Improvements is attached hereto as Exhibit B, including achieving completion of certain milestones related to the Initial Improvements in accordance with the schedule attached hereto as Exhibit C, as the same may be amended by a mutual agreement of the Parties, parties (the Building Standards and Laws“Development Milestones”). Subject to the last sentence of this subparagraph delays due to Force Majeure (cas such term is defined herein), the Tenant Improvements shall be made, and the Tenant Improvement Plans shall be prepared, at Landlord’s cost and expense, except to the extent that, at Tenant’s direction, the Tenant Improvements vary from the Space Plan or the Building Standards. To the extent that, at Tenant’s direction, the Tenant Improvements vary from the Space Plan or the Building Standards, such variance shall be made at Tenant’s sole cost and expense. Notwithstanding the foregoing to the contrary, Tenant shall pay commence construction of the Initial Improvements on or before [ ], and diligently and continuously prosecute such improvements to Landlord all costs incurred or payable by Landlord in making the Balconies accessible and usable by Tenant within ten (10) business days after the receipt of an invoice therefor, accompanied by such detail as may reasonably be requested by TenantFinal Completion, which invoice may be delivered prior to the commencement of construction. shall in no event occur later than [ ] (The Base Building Improvements and the Tenant Improvements are referred to in this Exhibit collectively as the “Initial Improvements.Outside Completion Date”) The ). For the purposes of this Lease, construction of the Initial Improvements shall be completed free of any mechanics’ liens, except to the extent of any dispute in connection therewith, in which case Landlord shall adequately protect the Property from the foreclosure of any such lien.
(d) Landlord shall cause the Tenant Improvement Plans to be prepared by a registered professional architect and mechanical and electrical engineer(s). Landlord shall furnish the initial draft of the Tenant Improvement Plans to Tenant for Tenant’s review and approval. Tenant shall within three (3) business days after receipt either provide comments to such Tenant Improvement Plans or approve the same. Tenant shall be deemed to have approved such Tenant Improvement Plans if Tenant does not timely provide comments “commenced” upon the commencement of actual physical work (including, without limitation, building demolition or site work) on such Tenant Improvement Plans. If Tenant provides Landlord with comments the Premises or any portion thereof pursuant to a demolition permit or a building permit for the initial draft construction of the Initial Improvements. Tenant Improvement Plans, Landlord shall provide revised Tenant Improvement Plans use diligent and continuous efforts in good faith to Tenant incorporating Tenant’s comments within three obtain all Required Permits (3as such term is defined herein) business days after receipt for the construction of all of Tenant’s commentsInitial Improvements in accordance with the Design Plans (as such term is defined herein). Tenant shall within three (3) business days after receipt then either provide comments to such revised Tenant Improvement Plans or approve such Tenant Improvement Plans. Tenant shall For the purposes of this Lease, “Final Completion” of all Tenant’s Initial Improvements will be deemed to have approved such revised occurred upon the date of final completion, as determined by Landlord in its reasonable discretion, of the Initial Improvements in accordance with the Design Plans, and shall require the issuance of a Certificate of Occupancy for the improvements. If Tenant Improvement Plans if Tenant does not timely provide comments on such Tenant Improvement Plans. The process described above shall be repeated, if necessary, until the Tenant Improvement Plans have finally been approved by Tenant.
(e) Landlord shall provide project management services in connection with fail to commence the construction of the Initial Improvements and the Change Orders (defined below). Such project management services shall be performed without cost as required herein, Landlord may at its election terminate this Lease by notice to Tenant, except for Change Orders, which termination shall be performed for a fee of five percent effective not earlier than thirty (5%30) of all costs related days after such notice is given to Tenant (the “Cure Period”), unless Tenant has commenced construction prior to the construction expiration of the Change Orders. Cure Period, provided Landlord has delivered such notice of termination to Tenant may, at Tenant’s discretion and sole cost and expense, engage a representative not later than thirty (30) days following the date by which Tenant is required to oversee construction activities on Tenant’s behalf. Said representative shall coordinate its efforts with Landlord’s project manager and/or contractor, shall have full access to all information and documentation with respect to the Tenant Improvements and may be engaged throughout the design and construction process of the Tenant Improvementscommence such construction.
Appears in 1 contract
Samples: Ground Lease
Initial Improvements. (a) The final space plan Landlord has heretofore delivered to Tenant those certain plans for construction of the base building (the “Space Plan”) for the Premises, mutually approved by the Parties is attached as Appendix 1.
(b) Landlord shall cause the "Base Building Improvements (the “Base Building Improvements”Work") described on Appendix 2 to be completed in accordance with the plans and specifications (the “Building Plans”) as prepared by LandlordGood, the Building Standards Xxxxxx & Xxxxxxx Architects and Specifications dated November 20, 1997 (the “Building Standards”) attached as Appendix 3 and Laws. The Base Building Improvements shall be maderevised January 15, and the Building Plans shall be prepared, at Landlord’s sole cost and expense, except that any changes, alterations, modifications or upgrades to:
(i) the Base Building Improvements or the Building Plans requested by Tenant and approved by Landlord; or
(ii) the Tenant Improvements or the Tenant Improvement Plans (both defined below) that result in changes, alterations, modifications or upgrades to the Base Building Improvements or the Building Plans, shall be made at Tenant’s sole cost and expense.
(c) Landlord shall also cause the Tenant Improvements (the “Tenant Improvements”) described on Appendix 2 to be completed in accordance with the Space Plan, the plans and specifications (including the tenant finishes1998) (the “"Base Building Plans"). Tenant Improvement Plans”) approved by the Partiesshall, the Building Standards and Laws. Subject to the last sentence of this subparagraph (c), the Tenant Improvements shall be made, and the Tenant Improvement Plans shall be prepared, at Landlord’s cost and expense, except to the extent that, at Tenant’s direction, the Tenant Improvements vary from the Space Plan or the Building Standards. To the extent that, at Tenant’s direction, the Tenant Improvements vary from the Space Plan or the Building Standards, such variance shall be made at Tenant’s sole cost and expense. Notwithstanding the foregoing to the contrary, Tenant shall pay to Landlord all costs incurred or payable by Landlord in making the Balconies accessible and usable by Tenant within ten (10) business days after the receipt of an invoice therefor, accompanied by such detail as may reasonably be requested by Tenant, which invoice may be delivered prior to the commencement of construction. (The Base Building Improvements and the Tenant Improvements are referred to in this Exhibit collectively as the “Initial Improvements.”) The Initial Improvements shall be completed free of any mechanics’ liens, except to the extent of any dispute in connection therewith, in which case Landlord shall adequately protect the Property from the foreclosure of any such lien.
(d) Landlord shall cause the Tenant Improvement Plans to be prepared by a registered professional architect and mechanical and electrical engineer(s). Landlord shall furnish the initial draft date of the Tenant Improvement Plans to Tenant for Tenant’s review and approval. Tenant shall within three (3) business days after receipt Lease, either provide comments to such Tenant Improvement Base Building Plans or approve the same. Tenant shall be deemed to have approved such Tenant Improvement Base Building Plans if Tenant it does not timely provide comments on such Base Building Plans within the required time period. Tenant Improvement Plansmay only comment on the Base Building Plans to the extent they conflict with the specifications set forth in Appendix C-1 and Appendix C-2 attached hereto. If Tenant provides Landlord with comments to the initial draft of the Tenant Improvement Base Building Plans, Landlord shall provide revised Tenant Improvement Base Building Plans to Tenant incorporating Tenant’s 's comments within three one (31) business days week after receipt of Tenant’s 's comments. Tenant shall within three one (31) business days week after receipt then either provide comments to such revised Tenant Improvement Base Building Plans or approve such Tenant Improvement Base Building Plans. Tenant shall be deemed to have approved such revised Tenant Improvement Base Building Plans if Tenant does not timely provide comments on such Tenant Improvement PlansBase Building Plans within the required time period. The process described above shall be repeated, if necessary, until the Base Building Plans have been finally approved by Tenant. Landlord shall cause to be performed the improvements (the "Initial Improvements") in the Premises in accordance with plans and specifications mutually approved by Tenant and Landlord as set forth below and incorporating such mutually-approved Base Building Plans (the "Initial Improvement Plans"), which approvals shall not be unreasonably withheld, delayed or conditioned. The Initial Improvements above Base Building Work shall be performed at the Tenant's cost, subject to the Landlord's Contribution (hereinafter defined). Base Building Work shall include, without limitation, installation of fiber optics, cabling, a four (4) inch conduit linking Buildings 6, 7, 8 and 9 within the Project to accommodate Tenant's communications and data cabling, and shower facilities on the first (1st) floor of the Building, all as set forth in the Base Building Plans. Landlord and Tenant agree that the building shell plans for Building 7 and Building 9 will be generally consistent with the Base Building Plans. Tenant shall cause the Initial Improvement Plans to be prepared, at Tenant's cost, by a registered professional architect (currently contemplated to be RTG Partners, Inc.), and mechanical and electrical engineer(s). Such engineer(s) shall be reasonably approved in advance by the Landlord. Prior to close-of-business on May 1, 1998, Tenant shall furnish the initial draft of the Initial Improvement Plans to Landlord for Landlord's review and approval. Landlord shall within two (2) weeks after receipt either provide comments to such Initial Improvement Plans or approve the same. Landlord shall be deemed to have approved such Initial Improvement Plans if it does not provide comments on such Initial Improvement Plans within the required time period. If Landlord provides Tenant with comments to the initial draft of the Initial Improvement Plans, Tenant shall provide revised Initial Improvement Plans to Landlord incorporating Landlord's comments within one (1) week after receipt of Landlord's comments. Landlord shall within one (1) week after receipt then either provide comments to such revised Initial Improvement Plans or approve such Initial Improvement Plans. Landlord shall be deemed to have approved such revised Initial Improvement Plans if Landlord does not provide comments on such Initial Improvement Plans within the required time period. The process described above shall be repeated, if necessary, until the Initial Improvement Plans have been finally been approved by Landlord. Tenant hereby agrees that the Initial Improvement Plans for the Initial Improvements shall comply with all applicable Governmental Requirements. Landlord's approval of any of the Initial Improvement Plans (or any modifications or changes thereto) shall not impose upon Landlord or its agents or representatives any obligation with respect to the design of the Initial Improvements or the compliance of such Initial Improvements or the Initial Improvement Plans with applicable Governmental Requirements except with respect to Landlord's Base Building Work. Landlord, with consultation of Tenant.
, shall select a contractor to perform the construction of the Initial Improvements, provided that Tenant, at its option, may require Landlord to select Xxxxx Construction as the contractor. Landlord shall use commercially reasonable efforts to cause the Initial Improvements to be substantially completed, except for minor "Punch List" items, on or before the Estimated Completion Date specified in this Appendix C, subject to Tenant Delay (eas defined in Section 4 hereof) Landlord and Force Majeure. Landlord, or an agent of Landlord, shall provide project management services in connection with the construction of the Initial Improvements and the Change Orders (defined belowhereinafter defined). Such project management services shall be performed without cost to performed, at Tenant's cost, except for Change Orders, which shall be performed for a fee of five two percent (52%) of all direct "hard" costs related to the construction of the Change Orders. Tenant may, at Tenant’s discretion and sole cost and expense, engage a representative to oversee construction activities on Tenant’s behalf. Said representative shall coordinate its efforts with Landlord’s project manager and/or contractor, shall have full access to all information and documentation with respect to the Tenant Initial Improvements and may be engaged throughout the design and construction process Change Orders up to $20.00 per Rentable Square Foot of the Building, to be deducted from Landlord's Contribution. During the course of construction of the Initial Improvements, Landlord or its agent shall provide Tenant Improvementswith monthly construction progress reports.
Appears in 1 contract
Initial Improvements. (a) The final space plan On the Commencement Date, Tenant shall accept the Premises in its “AS IS” condition on such date and Landlord shall not be required to perform any work, pay any work allowance or any other amount or render any services to make the Premises ready for Tenant’s use and occupancy, subject only to Landlord’s performance of Landlord’s Work (the “Space Plan”) for the Premises, mutually approved by the Parties is attached as Appendix 1defined below).
(b) Landlord Landlord, at Landlord’s expense, shall perform or cause to be performed the Base Building Improvements work described on EXHIBIT E (the “Base Building ImprovementsLandlord’s Work”) described on Appendix 2 to be completed in accordance with the plans and specifications (the “Building Plans”) prepared by Landlord, the Building Standards and Specifications (the “Building Standards”) attached as Appendix 3 and Laws. The Base Building Improvements shall be made, and the Building Plans shall be prepared, at Landlord’s sole cost and expense, except that any changes, alterations, modifications or upgrades to:
(i) the Base Building Improvements or the Building Plans requested by Tenant and approved by Landlord; or
(ii) the Tenant Improvements or the Tenant Improvement Plans (both defined below) that result in changes, alterations, modifications or upgrades to the Base Building Improvements or the Building Plans, shall be made at Tenant’s sole cost and expense.
(c) Landlord shall also cause the Tenant Improvements (the “Tenant Improvements”) described on Appendix 2 to be completed in accordance with the Space Plan, the plans and specifications (including the tenant finishes) (the “Tenant Improvement Plans”) approved by the Parties, the Building Standards and Laws. Subject to the last sentence of this subparagraph (c), the Tenant Improvements shall be made, and the Tenant Improvement Plans shall be prepared, at Landlord’s cost and expense, except to the extent that, at Tenant’s direction, the Tenant Improvements vary from the Space Plan or the Building Standards. To the extent that, at Tenant’s direction, the Tenant Improvements vary from the Space Plan or the Building Standards, such variance shall be made at Tenant’s sole cost and expense. Notwithstanding the foregoing to the contrary, Tenant shall pay to Landlord all costs incurred or payable by Landlord in making the Balconies accessible and usable by Tenant within ten (10) business days after the receipt of an invoice therefor, accompanied by such detail as may reasonably be requested by Tenant, which invoice may be delivered prior to the commencement of construction. (The Base Building Improvements and the Tenant Improvements are referred to in this Exhibit collectively as the “Initial Improvements.”) The Initial Improvements shall be completed free of any mechanics’ liens, except to the extent of any dispute in connection therewith, in which case Landlord shall adequately protect the Property from the foreclosure of any such lien.
(d) Landlord shall cause the Tenant Improvement Plans to be prepared by a registered professional architect and mechanical and electrical engineer(s). Landlord shall furnish the initial draft of the Tenant Improvement Plans to Tenant for Tenant’s review and approval. Tenant shall within three (3) business days after receipt either provide comments to such Tenant Improvement Plans or approve the sameprovisions thereof. Tenant shall be deemed permitted, within thirty (30) days of substantial completion of Landlord’s Work, to have approved such submit a list of punch-list items of Landlord’s Work which remain incomplete, and Landlord shall remedy same as soon as reasonably practical thereafter. In the event Tenant Improvement Plans if Tenant does not timely provide comments on such Tenant Improvement Plans. If Tenant provides Landlord with comments to the initial draft takes possession of the Tenant Improvement PlansPremises for the performance of Alterations or for any other reason during Landlord’s performance of Landlord’s Work, Landlord shall provide revised and Tenant Improvement Plans agree to Tenant incorporating Tenantcooperate with each other and to not unreasonably interfere with the performance of Landlord’s comments within three (3) business days after receipt Work and any of Tenant’s commentsinitial Alterations to the Premises. Tenant acknowledges that the performance by Landlord of Landlord’s Work may disturb Tenant’s quiet enjoyment and access to the Premises, Tenant hereby accepts such conditions as modifications and limitations on its right to use the Premises and hereby waives any and all claims for damages to its property or its business which may be caused by the effects of any such work. All initial improvements which do not constitute Landlord’s Work shall within three (3) business days after receipt then either provide comments to such revised Tenant Improvement Plans or approve such Tenant Improvement Plans. Tenant shall be deemed to have approved such revised Tenant Improvement Plans if Tenant does not timely provide comments on such Tenant Improvement Plans. The process described above shall be repeated, if necessary, until the Tenant Improvement Plans have finally been approved by Tenant.
(e) Landlord shall provide project management services in connection with the construction of the Initial Improvements constitute Alterations and the Change Orders (defined below). Such project management services shall be performed without cost to Tenant, except for Change Orders, which shall be performed for a fee of five percent (5%) of all costs related to the construction of the Change Orders. by Tenant may, at Tenant’s discretion expense (except as expressly provided in Article 10) in accordance with Section 4.02 and sole cost and expense, engage a representative to oversee construction activities on Tenant’s behalf. Said representative shall coordinate its efforts with Landlord’s project manager and/or contractor, shall have full access to all information and documentation with respect to the Tenant Improvements and may be engaged throughout the design and construction process any applicable provisions of the Tenant Improvements.EXHIBIT D.
Appears in 1 contract
Initial Improvements. (a) The final space plan (the “Space Plan”) for the Premises, mutually approved by the Parties is attached as Appendix 1.
(b) Landlord shall cause to be performed the Base Building Improvements improvements (the “Base Building "Initial Improvements”") described on Appendix 2 to be completed in the Premises in accordance with the plans and specifications (the “Building Plans”) prepared by Landlord, the Building Standards and Specifications (the “Building Standards”) attached as Appendix 3 and Laws. The Base Building Improvements shall be made, and the Building Plans shall be prepared, at Landlord’s sole cost and expense, except that any changes, alterations, modifications or upgrades to:
(i) the Base Building Improvements or the Building Plans requested approved by Tenant and approved by Landlord; or
(ii) the Tenant Improvements or the Tenant Improvement Plans (both defined below) that result in changes, alterations, modifications or upgrades to the Base Building Improvements or the Building Plans, shall be made at Tenant’s sole cost and expense.
(c) Landlord shall also cause the Tenant Improvements (the “Tenant Improvements”) described on Appendix 2 to be completed in accordance with the Space Plan, the plans and specifications (including the tenant finishes) (the “Tenant Improvement "Plans”) approved by the Parties, the Building Standards and Laws. Subject to the last sentence of this subparagraph (c"), the Tenant Improvements which approvals shall not be made, and the Tenant Improvement Plans shall be prepared, at Landlord’s cost and expense, except to the extent that, at Tenant’s direction, the Tenant Improvements vary from the Space Plan or the Building Standardsunreasonably withheld. To the extent that, at Tenant’s direction, the Tenant Improvements vary from the Space Plan or the Building Standards, such variance shall be made at Tenant’s sole cost and expense. Notwithstanding the foregoing to the contrary, Tenant shall pay to Landlord all costs incurred or payable by Landlord in making the Balconies accessible and usable by Tenant within ten (10) business days after the receipt of an invoice therefor, accompanied by such detail as may reasonably be requested by Tenant, which invoice may be delivered prior to the commencement of construction. (The Base Building Improvements and the Tenant Improvements are referred to in this Exhibit collectively as the “Initial Improvements.”) The Initial Improvements shall be completed free of any mechanics’ liensperformed at the Tenant's cost, except subject to the extent of Landlord's Contribution (hereinafter defined). The Initial Improvements shall include any dispute in connection therewith, in which case Landlord shall adequately protect the Property from the foreclosure of any such lien.
(d) necessary HVAC ducting. Landlord shall cause the Tenant Improvement Plans to be prepared prepared, at Tenant's cost, by a registered professional architect and mechanical and electrical engineer(s). Landlord Such engineer(s) shall furnish be approved, in advance, by the initial draft of the Tenant Improvement Plans to Tenant for Tenant’s review and approvalLandlord. On or before March 20, 1999 Tenant shall within three (3) business days after receipt either provide reasonable comments to such Tenant Improvement Plans or approve the same. Tenant shall be deemed to have approved such Tenant Improvement Plans if Tenant it does not timely provide reasonable comments on such Tenant Improvement Plans. If Tenant provides Landlord with reasonable comments to the initial draft of the Tenant Improvement Plans, Landlord shall provide revised Tenant Improvement Plans to Tenant incorporating Tenant’s comments within three (3) business days after receipt of Tenant’s Landlord's comments. Tenant shall within three (3) business days one week after receipt then either provide reasonable comments to such revised Tenant Improvement Plans or approve such Tenant Improvement Plans. Tenant shall be deemed to have approved such revised Tenant Improvement Plans if Tenant does not timely provide reasonable comments on such Tenant Improvement Plans. Tenant hereby agrees that the Plans for the Initial Improvements shall comply with all applicable Governmental Requirements. The process described above fact that Landlord has caused to be prepared any of the Plans (or any modifications or changes thereto) shall not impose upon Landlord or its agents or representatives any obligation with respect to the design of the Initial Improvements or the compliance of such Initial Improvements or the Plans with applicable Governmental Requirements. Landlord, with consultation of Tenant, shall select a contractor to perform the construction of the Initial Improvements. Landlord shall use commercially reasonable efforts to cause the Initial Improvements to be repeatedsubstantially completed, if necessaryexcept for minor "Punch List" items, until on or before the Commencement Date specified in the Schedule to the Lease, subject to Tenant Improvement Plans have finally been approved by Tenant.
Delay (eas defined in Section 4 hereof) Landlord and Force Majeure. Landlord, or an agent of Landlord, shall provide project management services in connection with the construction of the Initial Improvements and the Change Orders (defined belowhereinafter defined). Such project management services shall be performed without cost to performed, at Tenant's cost, except for Change Orders, which shall be performed for a fee of five percent (5%) of all costs related to the preparation of the Plans and the construction of the Initial Improvements and the Change Orders. Tenant may, at Tenant’s discretion and sole cost and expense, engage a representative to oversee construction activities on Tenant’s behalf. Said representative shall coordinate its efforts with Landlord’s project manager and/or contractor, shall have full access to all information and documentation with respect to the Tenant Improvements and may be engaged throughout the design and construction process of the Tenant Improvements.
Appears in 1 contract
Samples: Lease Agreement (Integrated Communication Networks Inc)
Initial Improvements. (a) The final space plan (the “Space Plan”) Concessionaire shall make an initial minimum investment in Leasehold Improvements for the permanent Leased Premises, mutually approved by including architectural and engineering fees; construction costs; mechanical, electrical and plumbing; signs; storefronts; furniture, fixtures and equipment; demolition necessary to accommodate the Parties is attached as Appendix 1.
improvements; and other expenditures (b) Landlord shall cause the Base Building Improvements (the “Base Building Improvements”) described on Appendix 2 to be completed in accordance with the plans and specifications (the “Building Plans”) prepared by Landlord, the Building Standards and Specifications (the “Building Standards”) attached as Appendix 3 and Laws. The Base Building Improvements shall be made, and the Building Plans shall be prepared, at Landlord’s sole cost and expense, except that any changes, alterations, modifications or upgrades to:
(i) the Base Building Improvements or the Building Plans requested by Tenant and approved by Landlord; or
(ii) the Tenant Improvements or the Tenant Improvement Plans (both defined below) that result in changes, alterations, modifications or upgrades to the Base Building Improvements or the Building Plans, shall be made at Tenant’s sole cost and expense.
(c) Landlord shall also cause the Tenant Improvements (the “Tenant Improvements”) described on Appendix 2 to be completed in accordance with the Space Plan, the plans and specifications (including the tenant finishes) (the “Tenant Improvement Plans”) approved by the Parties, the Building Standards and Laws. Subject to the last sentence of this subparagraph (c), the Tenant Improvements shall be made, and the Tenant Improvement Plans shall be prepared, at Landlord’s cost and expense, except to the extent that, at Tenant’s direction, the Tenant Improvements vary from the Space Plan or the Building Standards. To the extent that, at Tenant’s direction, the Tenant Improvements vary from the Space Plan or the Building Standards, such variance shall be made at Tenant’s sole cost and expense. Notwithstanding the foregoing to the contrary, Tenant shall pay to Landlord all costs incurred or payable by Landlord in making the Balconies accessible and usable by Tenant within ten (10) business days after the receipt of an invoice therefor, accompanied by such detail as may reasonably be requested by Tenant, which invoice may be delivered prior to the commencement of construction. (The Base Building Improvements and the Tenant Improvements are referred to in this Exhibit collectively as the “Initial Improvements.”) The in an amount not less than the Initial Minimum Investment Amount stated in the Key Lease Agreement Terms, which shall include a minimum of $600 per square foot for food service units, $500 per square foot for retail units, $200 per square foot for common food service seating (outside of a restaurant), $100 per square foot for vending areas for all new, permanent concession locations and [dollar amount in words] ($X) for Interim Concession Operations Locations. Concessionaire shall complete the Initial Improvements shall within the permanent Leased Premises defined by the lease outline drawings, lease lines, and/or other boundaries described in this Lease Agreement according to the procedures and standards specified in the Tenant Design Guidelines and commence operations on January 1, 2025 for all Interim Concession Operations Locations and the Build-Out Deadline for each permanent concession location; provided however, the Build-Out Deadline for a location may be completed free of any mechanics’ liens, except extended to the extent of any dispute such other delays directly caused by the Authority and/or force majeure events beyond the control of Concessionaire as set forth in connection therewith, in which case Landlord shall adequately protect Article 31. In the Property from the foreclosure of any such lien.
(d) Landlord shall cause the Tenant Improvement Plans to be prepared by a registered professional architect and mechanical and electrical engineer(s). Landlord shall furnish the initial draft of the Tenant Improvement Plans to Tenant for Tenant’s review and approval. Tenant shall within three (3) business days after receipt either provide comments to such Tenant Improvement Plans or approve the same. Tenant shall be deemed to have approved such Tenant Improvement Plans if Tenant does event that Concessionaire has not timely provide comments on such Tenant Improvement Plans. If Tenant provides Landlord with comments to the initial draft of the Tenant Improvement Plans, Landlord shall provide revised Tenant Improvement Plans to Tenant incorporating Tenant’s comments within three (3) business days after receipt of Tenant’s comments. Tenant shall within three (3) business days after receipt then either provide comments to such revised Tenant Improvement Plans or approve such Tenant Improvement Plans. Tenant shall be deemed to have approved such revised Tenant Improvement Plans if Tenant does not timely provide comments on such Tenant Improvement Plans. The process described above shall be repeated, if necessary, until the Tenant Improvement Plans have finally been approved by Tenant.
(e) Landlord shall provide project management services in connection with the construction of completed the Initial Improvements and commenced operations prior to the Change Orders (defined below). Such project management services shall be performed without cost to Tenant, except for Change Orders, which shall be performed Build-Out Deadline for a fee location, Concessionaire shall, in addition to (and not in lieu of) any other rights or remedies the Authority may have (whether under this Lease Agreement or in law or in equity), begin paying the Minimum Annual Guarantee associated with such location as stated in Article 4.0 of five percent this Lease Agreement and pay the Authority the sanction amounts for an amount equal to $1,000 per day per location or concept as construction delay damages (5%“Construction Delay Damages”) of all costs related to until Concessionaire has completed the construction of the Change Orders. Tenant may, at Tenant’s discretion and sole cost and expense, engage a representative to oversee construction activities on Tenant’s behalf. Said representative shall coordinate its efforts with Landlord’s project manager and/or contractor, shall have full access to all information and documentation with respect to the Tenant Initial Improvements and may be engaged throughout the design and construction process of the Tenant Improvementscommenced operations.
Appears in 1 contract
Samples: Lease Agreement
Initial Improvements. (a) The final space plan (the “Space Plan”) for the Premises, mutually approved by the Parties is attached as Appendix 1.
(b) Landlord shall cause to be performed the Base Building Improvements improvements (the “Base Building "Initial Improvements”") described on Appendix 2 to be completed in the Expansion Space in accordance with the plans and specifications (the “Building Plans”) prepared by Landlord, the Building Standards and Specifications (the “Building Standards”) attached as Appendix 3 and Laws. The Base Building Improvements shall be made, and the Building Plans shall be prepared, at Landlord’s sole cost and expense, except that any changes, alterations, modifications or upgrades to:
(i) the Base Building Improvements or the Building Plans requested approved by Tenant and approved by Landlord; or
(ii) the Tenant Improvements or the Tenant Improvement Plans (both defined below) that result in changes, alterations, modifications or upgrades to the Base Building Improvements or the Building Plans, shall be made at Tenant’s sole cost and expense.
(c) Landlord shall also cause the Tenant Improvements (the “Tenant Improvements”) described on Appendix 2 to be completed in accordance with the Space Plan, the plans and specifications (including the tenant finishes) (the “Tenant Improvement "Plans”) approved by the Parties, the Building Standards and Laws. Subject to the last sentence of this subparagraph (c"), the Tenant Improvements which approvals shall not be made, and the Tenant Improvement Plans shall be prepared, at Landlord’s cost and expense, except to the extent that, at Tenant’s direction, the Tenant Improvements vary from the Space Plan or the Building Standardsunreasonably withheld. To the extent that, at Tenant’s direction, the Tenant Improvements vary from the Space Plan or the Building Standards, such variance shall be made at Tenant’s sole cost and expense. Notwithstanding the foregoing to the contrary, Tenant shall pay to Landlord all costs incurred or payable by Landlord in making the Balconies accessible and usable by Tenant within ten (10) business days after the receipt of an invoice therefor, accompanied by such detail as may reasonably be requested by Tenant, which invoice may be delivered prior to the commencement of construction. (The Base Building Improvements and the Tenant Improvements are referred to in this Exhibit collectively as the “Initial Improvements.”) The Initial Improvements shall be completed free of any mechanics’ liensperformed at the Tenant's cost, except subject to the extent of any dispute in connection therewith, in which case Landlord shall adequately protect the Property from the foreclosure of any such lien.
Landlord's Contribution (d) Landlord hereinafter defined). Tenant shall cause the Tenant Improvement Plans to be prepared by a registered professional architect architect, and mechanical and electrical engineer(s). Landlord Such engineer(s) shall be approved in advance by the Landlord. Prior to close-of-business ten (10) days after full execution and delivery of this First Amendment to Tenant. Tenant shall furnish the initial draft of the Tenant Improvement Plans to Tenant Landlord for Tenant’s Landlord's review and approval. Tenant Landlord shall within three two (32) business days weeks after receipt either provide comments to such Tenant Improvement Plans or approve the same. Tenant Landlord shall be deemed to have approved such Tenant Improvement Plans if Tenant it does not timely provide comments on such Tenant Improvement Plans. If Landlord provides Tenant provides Landlord with comments to the initial draft of the Tenant Improvement Plans, Landlord Tenant shall provide revised Tenant Improvement Plans to Tenant Landlord incorporating Tenant’s Landlord's comments within three (3) business days one week after receipt of Tenant’s Landlord's comments. Tenant Landlord shall within three (3) business days one week after receipt then either provide comments to such revised Tenant Improvement Plans or approve such Tenant Improvement Plans. Tenant Landlord shall be deemed to have approved such revised Tenant Improvement Plans if Tenant Landlord does not timely provide comments on such Tenant Improvement Plans. The process described above shall be repeated, if necessary, until the Tenant Improvement Plans have been finally been approved by Landlord. Tenant hereby agrees that the Plans for the Initial Improvements shall comply with all applicable Governmental Requirements. Landlord's approval of any of the Plans (or any modifications or changes thereto) shall not impose upon Landlord or its agents or representatives any obligation with respect to the design of the Initial Improvements or the compliance of such Initial Improvements or the Plans with applicable Governmental Requirements. Landlord, with consultation of Tenant.
, shall select a contractor to perform the construction of the Initial Improvements. Such contractor shall be selected by a competitive bid process between three contractors selected by Landlord, with consultation of Tenant. Landlord shall use commercially reasonable efforts to cause the Initial Improvements to be substantially completed, except for minor "Punch List" items, on or before the Expansion Space Commencement Date specified in Section 2 of this First Amendment, subject to Tenant Delay (ehereafter defined) Landlord and Force Majeure. Landlord, or an agent of Landlord, shall provide project management services in connection with the construction of the Initial Improvements and the Change Orders (defined belowhereinafter defined). Such project management services shall be performed without cost to performed, at Tenant's cost, except for Change Orders, which shall be performed for a fee of five percent (5%) of all costs related to the preparation of the Plans and the construction of the Initial Improvements and the Change Orders. Tenant may, at Tenant’s discretion and sole cost and expense, engage a representative to oversee construction activities on Tenant’s behalf. Said representative shall coordinate its efforts with Landlord’s project manager and/or contractor, shall have full access to all information and documentation with respect to the Tenant Improvements and may be engaged throughout the design and construction process of the Tenant Improvements.
Appears in 1 contract
Initial Improvements. (a) The final space plan (the “Space Plan”) for Tenant shall be obligated to improve the Premises, mutually approved by at its own cost subject to the Parties is attached as Appendix 1.
Landlord's Contribution (b) Landlord shall cause the Base Building Improvements (the “Base Building Improvements”) described on Appendix 2 to be completed hereinafter defined), in accordance with the plans and specifications approved by Landlord (the “Building "Plans”") prepared by Landlord, the Building Standards and Specifications which approval shall not be unreasonably withheld (the “Building Standards”) attached as Appendix 3 and Laws. The Base Building Improvements shall be made, and the Building Plans shall be prepared, at Landlord’s sole cost and expense, except that any changes, alterations, modifications or upgrades to:
(i) the Base Building Improvements or the Building Plans requested by Tenant and approved by Landlord; or
(ii) the Tenant Improvements or the Tenant Improvement Plans (both defined below) that result in changes, alterations, modifications or upgrades to the Base Building Improvements or the Building Plans, shall be made at Tenant’s sole cost and expense.
(c) Landlord shall also cause the Tenant Improvements (the “Tenant Improvements”) described on Appendix 2 to be completed in accordance with the Space Plan, the plans and specifications (including the tenant finishes) (the “Tenant Improvement Plans”) approved by the Parties, the Building Standards and Laws. Subject to the last sentence of this subparagraph (c), the Tenant Improvements shall be made, and the Tenant Improvement Plans shall be prepared, at Landlord’s cost and expense, except to the extent that, at Tenant’s direction, the Tenant Improvements vary from the Space Plan or the Building Standards. To the extent that, at Tenant’s direction, the Tenant Improvements vary from the Space Plan or the Building Standards, such variance shall be made at Tenant’s sole cost and expense. Notwithstanding the foregoing to the contrary, Tenant shall pay to Landlord all costs incurred or payable by Landlord in making the Balconies accessible and usable by Tenant within ten (10) business days after the receipt of an invoice therefor, accompanied by such detail as may reasonably be requested by Tenant, which invoice may be delivered prior to the commencement of construction. (The Base Building Improvements and the Tenant Improvements improvements are referred to in this Exhibit collectively herein as the “"Initial Improvements.”) The Initial Improvements shall be completed free of any mechanics’ liens, except to the extent of any dispute in connection therewith, in which case Landlord shall adequately protect the Property from the foreclosure of any such lien.
(d) Landlord shall cause the Tenant Improvement Plans to be prepared by a registered professional architect and mechanical and electrical engineer(s"). Landlord Tenant shall furnish the initial draft of the Tenant Improvement Plans to Tenant Landlord for Tenant’s its review and approvalapproval by October 1, 1996. Tenant Landlord shall within three (3) business days one week after receipt of such initial draft of the Plans either provide comments to such Tenant Improvement Plans or approve the same. Tenant , and Landlord's failure to respond within one week after receipt of such initial draft shall be deemed to have approved such Tenant Improvement Plans if Tenant does not timely provide comments on such Tenant Improvement Plansapproval. If Landlord provides Tenant provides Landlord with comments to the initial draft of the Tenant Improvement Plans, Landlord Tenant shall provide revised Tenant Improvement Plans to Tenant Landlord incorporating Tenant’s Landlord's comments within three (3) business days one week after receipt of Tenant’s Landlord's comments. Tenant Landlord shall within three (3) business days after receipt then either provide comments to such revised Tenant Improvement Plans or approve such Tenant Improvement Plans. Tenant , and Landlord's failure to respond within one week after receipt of such revised Plans shall be deemed to have approved such revised Tenant Improvement Plans if Tenant does not timely provide comments on such Tenant Improvement Plansapproval. The process described above in the previous sentence shall be repeated, if necessary, until the Tenant Improvement Plans have been finally been approved by Tenant.
Landlord. The Initial Improvements shall be performed by any of Turnxx Xxxstruction Company, Pepper Construction, Inc., LaSalle Construction and Walsx Xxxstruction Company, or any other contractor reasonably acceptable to Landlord (ethe "Contractor"). Tenant hereby agrees that the Plans for the Initial Improvements shall comply with all applicable statutes, ordinances, regulations, laws and codes. Landlord's approval of any of the Plans (or any modifications or changes thereto) shall not impose upon Landlord shall provide project management services in connection or its agents or representatives any obligation with respect to the construction design of the Initial Improvements or the compliance of such Initial Improvements and/or the Plans with applicable laws, codes, ordinances and regulations; the obligation with respect to the design of the Initial Improvements and its compliance with applicable laws, codes, ordinances and regulations rests with the Change Orders (defined below)Tenant. Such project management services All such Initial Improvements shall be insured under a construction property insurance policy, insuring the replacement value from time to time of such Initial Improvements, and comply with all applicable laws, ordinances and regulations. All Initial Improvements shall be constructed in a good and workmanlike manner, and only good grades of material shall be used. All Initial Improvements shall be performed without cost in such a fashion and by such means as necessary to Tenant, except for Change Orders, which shall maintain a professional work environment in the areas surrounding the space to be performed for a fee of five percent (5%) of all costs related to the construction of the Change Ordersimproved. Tenant may, at Tenant’s discretion shall only use labor that will work in peace and sole cost harmony with other contractors and expense, engage a representative workers serving the Building in constructing the Initial Improvements. Tenant shall avoid actions which interfere with or delay the activities of other contractors serving the Building and other tenants. Tenant shall permit Landlord to oversee construction activities on Tenant’s behalf. Said representative shall coordinate its efforts with Landlord’s project manager and/or contractor, shall have full access to observe and monitor all information and documentation with respect to the Tenant Improvements and may be engaged throughout the design and construction process of the Tenant Initial Improvements.
Appears in 1 contract
Initial Improvements. (a) The final space plan (the “Space Plan”) for the Premises, mutually approved by the Parties is attached as Appendix 1.
(b) Landlord Lessor shall cause the Base Building Improvements (the “Base Building Improvements”) described on Appendix 2 to be completed constructed, in accordance with the plans and specifications (the “Building Plans”) prepared by Landlorda good workmanlike manner, the Building Standards and Specifications improvements (the “Building Standards”) attached as Appendix 3 and Laws. The Base Building Improvements shall be made, and the Building Plans shall be prepared, at Landlord’s sole cost and expense, except that any changes, alterations, modifications or upgrades to:
(i) the Base Building Improvements or the Building Plans requested by Tenant and approved by Landlord; or
(ii) the Tenant Improvements or the Tenant Improvement Plans (both defined below) that result in changes, alterations, modifications or upgrades to the Base Building Improvements or the Building Plans, shall be made at Tenant’s sole cost and expense.
(c) Landlord shall also cause the Tenant Improvements (the “Tenant Improvements”) described on Appendix 2 to be completed in accordance with the Space Plan, the plans and specifications (including the tenant finishes) (the “Tenant Improvement Plans”) approved by the Parties, the Building Standards and Laws. Subject to the last sentence of this subparagraph (c), the Tenant Improvements shall be made, and the Tenant Improvement Plans shall be prepared, at Landlord’s cost and expense, except to the extent that, at Tenant’s direction, the Tenant Improvements vary from the Space Plan or the Building Standards. To the extent that, at Tenant’s direction, the Tenant Improvements vary from the Space Plan or the Building Standards, such variance shall be made at Tenant’s sole cost and expense. Notwithstanding the foregoing to the contrary, Tenant shall pay to Landlord all costs incurred or payable by Landlord in making the Balconies accessible and usable by Tenant within ten (10) business days after the receipt of an invoice therefor, accompanied by such detail as may reasonably be requested by Tenant, which invoice may be delivered prior to the commencement of construction. (The Base Building Improvements and the Tenant Improvements are referred to in this Exhibit collectively as the “Initial Improvements.”) in the Premises in accordance with plans and specifications approved by Lessee and Lessor and attached hereto as Exhibit D-1 (the “Plans”), which approvals shall not be unreasonably withheld, conditioned or delayed. The Initial Improvements shall be completed free of any mechanics’ liensperformed at the Lessee’s cost, except subject to the extent of any dispute in connection therewith, in which case Landlord shall adequately protect the Property from the foreclosure of any such lien.
Lessor’s Contribution (d) Landlord hereinafter defined). Lessor shall cause the Tenant Improvement Plans to be prepared prepared, at Xxxxxx’s cost, by a registered professional architect architect, and mechanical and electrical engineer(s). Landlord Promptly after the mutual execution of the Lease, Lessee shall provide to Lessor the preliminary space plans for the Premises and such other information reasonably required by Lessor to commence preparation of the Plans. Promptly after Xxxxxx’s receipt of such preliminary space plans, Lessor shall prepare and furnish the an initial draft of the Tenant Improvement Plans to Tenant Lessee for TenantXxxxxx’s review and approval. Tenant shall Lessee shall, within three five (35) business days after receipt receipt, either provide comments to such Tenant Improvement Plans or approve the same. Tenant Lessee shall be deemed to have approved such Tenant Improvement Plans if Tenant it does not timely provide comments on such Tenant Improvement PlansPlans within such 5-business day period. If Tenant Lessee timely provides Landlord Lessor with comments to the initial draft of the Tenant Improvement Plans, Landlord Lessor shall provide revised Tenant Improvement Plans to Tenant Lessee incorporating TenantXxxxxx’s comments within three one (31) week after receipt of Xxxxxx’s comments, or as soon as possible. Lessee shall, within five (5) business days after receipt of Tenant’s comments. Tenant shall within three (3) business days after receipt receipt, then either provide comments to such revised Tenant Improvement Plans or approve such Tenant Improvement Plans. Tenant Lessee shall be deemed to have approved such revised Tenant Improvement Plans if Tenant Lessee does not timely provide comments on such Tenant Improvement PlansPlans within such 5-busines day period. The process described above shall be repeated, if necessary, until the Tenant Improvement Plans have been finally been approved by Tenant.
(e) Landlord shall provide project management services in connection with Xxxxxx and Lessor. Once the Plans have been finally approved, Lessor will promptly prepare all necessary construction drawings for the construction of the Initial Improvements and Improvements. Upon the Change Orders completion of such construction drawings, Lessor shall submit the same to Lessee for its approval. Lessee shall, within five (defined below)5) days after receipt thereof, then either provide comments to such drawings or approve the same. Such project management services Lessee shall be performed without cost deemed to Tenanthave approved such drawings if Lessee does not provide comments thereto within such 5-day period. If Lessee timely provides any comments to such drawings, except Lessor shall revise such drawings and resubmit the same to Lessee for Change Ordersits review and approval. Until such time as Lessor and Lessee mutually approve such construction drawings, which the process described above shall be performed repeated as reasonably necessary, and both Lessor and Lessee agree to act in good faith in order to derive mutually acceptable construction Lessor Lessee drawings for a fee of five percent (5%) of all costs related to the construction of the Change OrdersInitial Improvements. Tenant mayAfter the mutual approval of the construction drawings, at TenantLessor shall submit the drawings for initial construction bid and, if the bid therefore exceeds Lessor’s discretion Contribution, Lessee shall either (i) agree to pay to Lessor all costs of construction exceeding Lessor’s Contribution or (ii) modify the Plans (subject to Lessor’s reasonable approval) so that the construction costs shall not exceed Lessor’s Contribution. Once the Plans and sole cost all construction drawings relative thereto have been finalized and expenseapproved by Xxxxxx and Lessor, engage a representative to oversee construction activities on Tenant’s behalf. Said representative Lessor shall coordinate its efforts with Landlord’s project manager and/or contractor, shall have full access to all information and documentation with respect promptly (i) submit the same to the Tenant Improvements appropriate governmental authorities for the issuance of all necessary building permits, and may be engaged throughout (ii) solicit bids from three (3) contractors selected by Lessor for the design and construction process of the Tenant Initial Improvements. Upon receipt of such bids, Lessor and Lessee shall select a contractor to perform the construction of the Initial Improvements. Lessor shall use commercially reasonable efforts to cause the Initial Improvements to be substantially completed, except for mechanical adjustments or minor details of construction (“Punch List Items”), on or before January 15, 2008 the date as the intended “Commencement Date,” subject to Lessee Delay (as defined in Section 4 hereof) and Force Majeure.
Appears in 1 contract
Samples: Lease Agreement (Bankrate, Inc.)
Initial Improvements. (a) The final space plan Except to the extent expressly provided for herein including all work necessary to satisfy the Delivery Condition, the costs of which shall be borne by Landlord, all improvements, alterations and betterments (an "Alteration") shall be performed by Tenant at Tenant's expense in accordance with the “Space Plan”) for the Premises, mutually approved by the Parties is attached as Appendix 1terms of this Article 5.
(b) Landlord shall cause Tenant may improve the Base Building Improvements (the “Base Building Improvements”) described on Appendix 2 to be completed Premises for Tenant's initial occupancy in accordance with the plans detailed specifications and specifications (the “Building Plans”) working drawings to be prepared by Landlord, the Building Standards Tenant's engineers and Specifications (the “Building Standards”) attached as Appendix 3 and Lawsarchitects. The Base Building Improvements shall be madedetailed specifications and working drawings are hereinafter referred to as "Tenant's Plans", and the Building work shown by the Tenant's Plans shall be prepared, at Landlord’s sole cost and expense, except that any changes, alterations, modifications or upgrades to:
(i) the Base Building Improvements or the Building Plans requested by Tenant and approved by Landlord; or
(ii) the Tenant Improvements or the Tenant Improvement Plans (both defined below) that result in changes, alterations, modifications or upgrades is hereinafter referred to the Base Building Improvements or the Building Plans, shall be made at as "Tenant’s sole cost and expense's Initial Improvements".
(c) Landlord Tenant shall also proceed forthwith to cause the Tenant Improvements (the “Tenant Improvements”) described on Appendix 2 Tenant's Plans to be completed prepared by an architect licensed as such in accordance with the Space PlanState of New York. Tenant's Plans, the plans including structural and specifications (including the tenant finishes) (the “Tenant Improvement Plans”) approved by the Partiesmechanical drawings and specifications, the Building Standards and Laws. Subject to the last sentence of this subparagraph (c), the Tenant Improvements shall be made, and the Tenant Improvement Plans shall be prepared, at Landlord’s cost and expense, except to the extent that, prepared at Tenant’s direction, the Tenant Improvements vary from the Space Plan or the Building Standards. To the extent that, at Tenant’s direction, the Tenant Improvements vary from the Space Plan or the Building Standards, such variance shall be made at Tenant’s 's sole cost and expense. Notwithstanding Tenant shall submit five (5) sets of Tenant's Plans and two (2) CAD discs which shall contain such Tenant's Plans in CAD format to Landlord for Landlord's approval. Landlord agrees to review Tenant's Plans and to approve the foregoing same or make written exceptions thereto within ten (10) Business Days from the date of the submission of the plans. Landlord agrees not to unreasonably withhold or delay its approval of Tenant's Plans, and failure by Landlord to provide the contrarywritten exceptions within the ten (10) Business Day period aforesaid shall be deemed approval of Tenant's Plans. If Landlord disapproves Tenant's Plans, Tenant shall pay revise them and re-submit them to Landlord all costs incurred or payable for approval. Any disapproval given by Landlord shall be accompanied by a statement in making reasonable detail of the Balconies accessible and usable by reasons for such disapproval, itemizing those portions of the plans so disapproved. Landlord shall advise Tenant within ten (10) business days after the receipt of an invoice therefor, accompanied by such detail as may reasonably be requested by Tenant, which invoice may be delivered prior to the commencement of construction. (The Base Building Improvements and the Tenant Improvements are referred to in this Exhibit collectively as the “Initial Improvements.”) The Initial Improvements shall be completed free of any mechanics’ liens, except to the extent of any dispute in connection therewith, in which case Landlord shall adequately protect the Property from the foreclosure of any such lien.
(d) Landlord shall cause the Tenant Improvement Plans to be prepared by a registered professional architect and mechanical and electrical engineer(s). Landlord shall furnish the initial draft of the Tenant Improvement Plans to Tenant for Tenant’s review and approval. Tenant shall within three (3) business days after receipt either provide comments to such Tenant Improvement Plans or approve the same. Tenant shall be deemed to have approved such Tenant Improvement Plans if Tenant does not timely provide comments on such Tenant Improvement Plans. If Tenant provides Landlord with comments to the initial draft of the Tenant Improvement Plans, Landlord shall provide revised Tenant Improvement Plans to Tenant incorporating Tenant’s comments within three (3) business days after Business Days following receipt of Tenant’s comments's revised plans of Landlord's approval or disapproval of the revised plans or portions thereof, and shall set forth its reasons for any such further disapproval in writing and in reasonable detail. Tenant shall within three (3) business days after receipt then either provide comments If Landlord fails to approve or disapprove such revised Tenant Improvement Plans or approve plans within such Tenant Improvement Plans. Tenant ten (10) Business Day period, Landlord shall be deemed to have approved such revised plans or such portions thereof; provided, that five (5) Business Days prior to the expiration of such ten (10) Business Day period, Tenant Improvement shall send a second notice to Landlord with the phrase "FAILURE TO APPROVE OR DISAPPROVE TENANT'S PLANS, AS REVISED, WITHIN FIVE (5) DAYS AFTER THE DATE HEREOF SHALL RESULT IN THE DEEMED APPROVAL OF TENANT'S PLANS, AS REVISED" in bold lettering at the top of such notice. Any dispute regarding the reasonableness of Landlord's withholding of its consent to Tenant's Plans if shall be submitted to expedited arbitration pursuant to Section 9.19 hereof. Upon approval by Landlord of Tenant's Plans, Tenant does shall submit the same to the New York City Department of Buildings for approval and for issuance of a building permit to perform the Improvements. Landlord agrees, at Tenant's cost and expense, to cooperate with Tenant and Tenant's architect and engineer in providing information needed for the preparation of Tenant's Plans, the application for a building permit and all other permits required for the Improvements, and to promptly execute all documents required to be signed by Landlord. In addition, Landlord agrees to request that Overlandlord cooperate in the application for a building permit and other required permits to the extent required, and to request that Overlandlord otherwise cooperate with the approval of, and installation of, Tenant's Initial Improvements to the extent required under the Xxxxxxxxx.
(d) Tenant agrees to hire a reputable general contractor, construction manager or subcontractors and materialmen (hereinafter "Contractor(s)") to be approved by Landlord such approval not timely provide comments on to be unreasonably withheld or delayed, (other than with respect to Contractors performing connections to any Building systems which Contractors shall be those designated by Landlord provided such Contractors shall perform such work at market prices) to perform Tenant's Initial Improvements in a good and workmanlike manner in accordance with (x) the approved Tenant's Plans and any material amendments or additions thereto approved by Tenant Improvement and Landlord and all municipal authorities having jurisdiction; provided that Landlord shall not unreasonably withhold or delay its approval of any such material amendments or additions (it being agreed that Landlord's approval shall not be required for any amendments, additions, change orders or modifications to Tenant's Plans costing less than $100,000 unless the same (i) affects the usage or the proper functioning of any of the Building systems or (ii) materially changes the scope of Tenant's Initial Improvements) and further provided, that, with respect to any subsequent amendments, additions, change orders or modifications after Landlord's approval of Tenant's Plans, Landlord shall approve or disapprove of such changes within ten (10) Business Days of the receipt of such changes (to the extent such approval of Landlord is required pursuant to this Section 5.01(d)) from Tenant and (y) all provisions of Laws and any and all permits and other requirements specified by any ordinance, law or public regulation. Tenant shall cause the Contractor(s) to obtain and maintain throughout the work, Workers' Compensation Insurance and New York State Disability Insurance in the amounts required under any applicable Laws and comprehensive general liability insurance, including contractual liability coverage, in an amount of not less than $2 million combined single limit for bodily injury or death for any one occurrence, and for property damage, plus a $10 million umbrella policy; provided, however, that any subcontractor or materialman shall only be required to carry such liability insurance as is being carried by prudent subcontractors or materialmen within such trade at the time such subcontractor or materialman is being employed by Tenant or its Contractors. The process liability coverage shall name Landlord and Overlandlord as additional insured parties, and Tenant shall deliver to Landlord proper certificates of insurance confirming the coverages described above prior to commencement of Tenant's Initial Improvements. If Tenant acts as its own General Contractor or Construction Manager, Tenant shall obtain and maintain such insurance. All Contractor(s) shall be repeatedmembers of a union affiliated with the building trades in the City of New York that has jurisdiction over the Building and Tenant's Initial Improvements. Tenant shall pay Landlord, if necessarywithin thirty (30) days after being billed therefor, until the Tenant Improvement Plans actual out of pocket fees and disbursements paid by Landlord to architects, engineers and other technical advisors, other than the regular staff of Landlord for reviewing Tenant's Plans, provided such fees are commercially reasonable. Landlord has pre-approved those contractors, subcontractors and materialmen listed on Exhibit K attached hereto, which such approval shall be effective for all purposes of both this Section 5.01 and Section 5.02 hereof. Landlord shall have finally been the right, from time to time, to withdraw a contractor, subcontractor or materialman from the pre-approved by list for cause upon written notice to Tenant.
(e) Landlord shall provide project management services pay to Tenant pursuant to Section 5(f) hereof Construction Costs (as hereinafter defined) for the Premises in an amount (the "Construction Allowance") which shall not exceed $913,960.00. Tenant shall pay from its own funds, and Landlord shall have no obligation with respect to, (y) any and all costs which are not Construction Costs and/or (z) any and all Construction Costs in excess of the Construction Allowance. As used in this Lease, the term "Construction Costs" means amounts actually incurred and paid by Tenant and Tenant's contractors, subcontractors and vendors in connection with Tenant's Initial Improvements solely for the documented, bona fide cost of (i) construction supplies and materials which are physically installed in and made a part of the Premises, including, without limitation, the documented, bona fide costs of carpeting, wall coverings, partitions, any electric meter or submeter, architectural and engineering fees and permit fees, and (ii) labor actually performed within the Premises.
(f) Provided that no Event of Default shall have occurred and be continuing under this Lease, Landlord shall pay to Tenant the Construction Allowance upon written request from Tenant and submission to Landlord of reasonably satisfactory evidence that Tenant has expended not less than the Construction Allowance in Construction Costs of Tenant's Initial Improvements, and has provided to Landlord in form and substance reasonably satisfactory to Landlord a requisition therefor accompanied by a notarized certificate signed by Tenant's New York-licensed architect certifying that all of Tenant's Initial Improvements which have been installed to date have been constructed and installed, in each instance substantially in accordance with the plans and specifications therefor approved by Landlord. Within twenty (20) days after the making of the payment by Landlord, Tenant shall submit to Landlord, in form and substance reasonably satisfactory to Landlord, written documentation (an "Advice") which shall:
(i) include, as attachments, copies of paid invoices for those Construction Costs which Tenant has incurred prior to such Advice;
(ii) include, as an attachment, a notarized certificate signed jointly by Tenant's New York-licensed architect and by a duly authorized officer of Tenant certifying that (a) such invoices have been paid in full and (b) the work, supplies and materials described in such invoices have in fact been duly, properly and completely constructed and installed in the Premises or in the demising walls and common area corridors substantially in accordance with plans and specifications theretofore approved by Landlord; and
(iii) In the event that Landlord does not pay the full amount of the Construction Allowance to Tenant within twenty days receipt of Tenant's request and the Change Orders requisite documentation, Tenant shall thereafter have the right to send Landlord written notice that such Construction Allowance is due and payable in accordance with the terms hereof. In the event that Landlord does not dispute such notice within thirty (defined below)30) days from receipt thereof, Tenant shall have the right to offset all unpaid portions of the Construction Allowance against the next payments of Fixed Rent and Additional Charges becoming due under the Lease. Such project management services Any dispute as to whether such Construction Allowance is due and payable shall be performed without cost submitted to Tenant, except for Change Orders, which shall be performed for a fee of five percent (5%) of all costs related to the construction of the Change Orders. Tenant may, at Tenant’s discretion and sole cost and expense, engage a representative to oversee construction activities on Tenant’s behalf. Said representative shall coordinate its efforts arbitration in accordance with Landlord’s project manager and/or contractor, shall have full access to all information and documentation with respect to the Tenant Improvements and may be engaged throughout the design and construction process of the Tenant ImprovementsSection 9.19 hereof.
Appears in 1 contract
Samples: Lease Agreement (Credit Suisse First Boston Usa Inc)
Initial Improvements. (a) The final space plan (the “Space Plan”) for the Premises, mutually approved by the Parties is attached as Appendix 1.
(b) Landlord shall cause to be performed the Base Building Improvements improvements (the “Base Building "Initial Improvements”") described on Appendix 2 to be completed in the Second Expansion Space in accordance with the plans and specifications (the “Building Plans”) prepared by Landlord, the Building Standards and Specifications (the “Building Standards”) attached as Appendix 3 and Laws. The Base Building Improvements shall be made, and the Building Plans shall be prepared, at Landlord’s sole cost and expense, except that any changes, alterations, modifications or upgrades to:
(i) the Base Building Improvements or the Building Plans requested approved by Tenant and approved by Landlord; or
(ii) the Tenant Improvements or the Tenant Improvement Plans (both defined below) that result in changes, alterations, modifications or upgrades to the Base Building Improvements or the Building Plans, shall be made at Tenant’s sole cost and expense.
(c) Landlord shall also cause the Tenant Improvements (the “Tenant Improvements”) described on Appendix 2 to be completed in accordance with the Space Plan, the plans and specifications (including the tenant finishes) (the “Tenant Improvement "Plans”) approved by the Parties, the Building Standards and Laws. Subject to the last sentence of this subparagraph (c"), the Tenant Improvements which approvals shall not be made, and the Tenant Improvement Plans shall be prepared, at Landlord’s cost and expense, except to the extent that, at Tenant’s direction, the Tenant Improvements vary from the Space Plan or the Building Standardsunreasonably withheld. To the extent that, at Tenant’s direction, the Tenant Improvements vary from the Space Plan or the Building Standards, such variance shall be made at Tenant’s sole cost and expense. Notwithstanding the foregoing to the contrary, Tenant shall pay to Landlord all costs incurred or payable by Landlord in making the Balconies accessible and usable by Tenant within ten (10) business days after the receipt of an invoice therefor, accompanied by such detail as may reasonably be requested by Tenant, which invoice may be delivered prior to the commencement of construction. (The Base Building Improvements and the Tenant Improvements are referred to in this Exhibit collectively as the “Initial Improvements.”) The Initial Improvements shall be completed free of any mechanics’ liensperformed at the Tenant's cost, except subject to the extent of any dispute in connection therewith, in which case Landlord shall adequately protect the Property from the foreclosure of any such lien.
Landlord's Contribution (d) Landlord hereinafter defined). Tenant shall cause the Tenant Improvement Plans to be prepared by a registered professional architect architect, and mechanical and electrical engineer(s). Landlord Such engineer(s) shall be approved in advance by the Landlord. Prior to close-of-business ten (10) days after full execution and delivery of this Second Amendment to Tenant. Tenant shall furnish the initial draft of the Tenant Improvement Plans to Tenant Landlord for Tenant’s Landlord's review and approval. Tenant Landlord shall within three two (32) business days weeks after receipt either provide comments to such Tenant Improvement Plans or approve the same. Tenant Landlord shall be deemed to have approved such Tenant Improvement Plans if Tenant it does not timely provide comments on such Tenant Improvement Plans. If Landlord provides Tenant provides Landlord with comments to the initial draft of the Tenant Improvement Plans, Landlord Tenant THIS SECOND AMENDMENT TO LEASE is by and between CarrAmerica Realty Corporation, a Maryland corporation ("Landlord") and Concord Camera Corp., a New Jersey corporation ("Tenant") shall provide revised Tenant Improvement Plans to Tenant Landlord incorporating Tenant’s Landlord's comments within three (3) business days one week after receipt of Tenant’s Landlord's comments. Tenant Landlord shall within three (3) business days one week after receipt then either provide comments to such revised Tenant Improvement Plans or approve such Tenant Improvement Plans. Tenant Landlord shall be deemed to have approved such revised Tenant Improvement Plans if Tenant Landlord does not timely provide comments on such Tenant Improvement Plans. The process described above shall be repeated, if necessary, until the Tenant Improvement Plans have been finally been approved by Landlord. Tenant hereby agrees that the Plans for the Initial Improvements shall comply with all applicable Governmental Requirements. Landlord's approval of any of the Plans (or any modifications or changes thereto) shall not impose upon Landlord or its agents or representatives any obligation with respect to the design of the Initial Improvements or the compliance of such Initial Improvements or the Plans with applicable Governmental Requirements. Landlord, with consultation of Tenant.
, shall select a contractor to perform the construction of the Initial Improvements. Such contractor shall be selected by a competitive bid process between three contractors selected by Landlord, with consultation of Tenant. Landlord shall use commercially reasonable efforts to cause the Initial Improvements to be substantially completed, except for minor "Punch List" items, on or before the Second Expansion Space Commencement Date specified in Section 2 of this Second Amendment, subject to Tenant Delay (ehereafter defined) Landlord and Force Majeure. Landlord, or an agent of Landlord, shall provide project management services in connection with the construction of the Initial Improvements and the Change Orders (defined belowhereinafter defined). Such project management services shall be performed without cost to performed, at Tenant's cost, except for Change Orders, which shall be performed for a fee of five percent (5%) of all costs related to the preparation of the Plans and the construction of the Initial Improvements and the Change Orders. Tenant may, at Tenant’s discretion and sole cost and expense, engage a representative to oversee construction activities on Tenant’s behalf. Said representative shall coordinate its efforts with Landlord’s project manager and/or contractor, shall have full access to all information and documentation with respect to the Tenant Improvements and may be engaged throughout the design and construction process of the Tenant Improvements.
Appears in 1 contract
Samples: Lease (Concord Camera Corp)
Initial Improvements. (a) The final space plan Tenant shall construct in the Premises those certain improvements shown or described on the plans for such improvements (the “"Space Plan”") described in EXHIBIT E ("Tenant's Work") in accordance with the following.
A. Landlord and Tenant shall use reasonable good faith efforts to reach agreement upon final plans, specifications and working drawings for Tenant's Work (the "Final Plans") which Final Plans shall reflect the logical and reasonable evolution and development of the Space Plan.
B. Except as otherwise provided to the contrary in this Section 5.4, Tenant shall construct Tenant's Work in accordance with the requirements set forth in Section 5.2 hereof.
C. Except to the extent specifically made the obligation of Landlord pursuant to this Subsection C, Tenant shall be solely responsible for the Premisespayment of all costs incurred in connection with the design, mutually approved by governmental approval, and construction of Tenant's Work; provided, however, that, subject to Subpart E of this Section, below, Landlord shall be obligated to reimburse Tenant for the Parties is attached as Appendix 1.cost of installing carpet in the Premises in an amount not exceeding Twelve Thousand Dollars ($12,000.00) (the "Allowance"). Landlord shall disburse to Tenant the Allowance only when:
(bi) Tenant shall have delivered to Landlord shall cause any other document, evidence or information that Landlord may reasonably request to evidence and confirm that the Base Building Improvements (the “Base Building Improvements”) described on Appendix 2 to be Tenant's Work for which Landlord seek reimbursement has been completed in accordance with the plans Final Plans and specifications Tenant has otherwise fulfilled in all material respects the terms and conditions of this Section with respect to the Tenant's Work that has been done prior to the request for disbursement of the Allowance.
(ii) No default or event of default shall have occurred, nor shall there have occurred any event which (with the “Building Plans”giving of notice or the passage of time or both) prepared could constitute such a default or event of default, under this Agreement.
(iii) Landlord shall have no reason to believe that any activities of Tenant or Tenant's employees, agents, contractors or representatives in connection with the Premises and Tenant's Work fail to comply with any Laws, nor shall there exist any litigation, revocation or suspension pending or threatened with respect to compliance with any such Laws.
D. The recarpeting of the Premises paid for with Landlord's funds shall become the property of Landlord upon installation and shall not be removed or altered by Tenant, except in accordance with Section 5.2. Any part of Tenant's Work which is constructed by Tenant with funds of Tenant shall become the property of Tenant upon installation and Tenant shall have the right to depreciate and claim and collect investment tax credits in such improvements; provided, however, that (i) Tenant shall not remove or alter such improvements during the term of the Lease, except as permitted by Section 5.2; (ii) such improvements shall be surrendered to Landlord, the Building Standards and Specifications (the “Building Standards”) attached as Appendix 3 and Laws. The Base Building Improvements title to such improvements shall be made, and the Building Plans shall be preparedvest in Landlord, at Landlord’s sole the expiration or earlier termination of the Lease Term; and (iii) in no event shall Landlord have any obligation to pay Tenant for the cost and expenseor value of such improvements.
E. On or before January 1, except that any changes1997, alterations, modifications or upgrades toTenant shall:
(i) complete all of the Base Building Improvements or Tenant's Work in accordance with the Building approved Final Plans requested by Tenant and approved by Landlord; orall applicable Laws and in a good and workmanlike manner;
(ii) the Tenant Improvements obtain from every mechanic, materialman, supplier, contractor and subcontractor providing goods or the Tenant Improvement Plans (both defined below) that result in changes, alterations, modifications or upgrades services to the Base Building Improvements or the Building PlansPremises in connection with Tenant's Work (and shall have delivered to Landlord) waivers and releases of mechanics' liens, shall be made at Tenant’s sole cost stop notice claims, equitable lien claims and expenseall other lien claim rights in form reasonably satisfactory to Landlord.
(ciii) Landlord Tenant shall also cause have caused a notice of completion for Tenant's Work in the Tenant Improvements (form and in the “Tenant Improvements”) described on Appendix 2 manner required by Section 3093 of the California Civil Code to be completed recorded in accordance with the Space Plan, Office of the plans and specifications (including the tenant finishes) (the “Tenant Improvement Plans”) approved by the Parties, the Building Standards and Laws. Subject to the last sentence Recorder of this subparagraph (c), the Tenant Improvements shall be made, and the Tenant Improvement Plans shall be prepared, at Landlord’s cost and expense, except to the extent that, at Tenant’s direction, the Tenant Improvements vary from the Space Plan or the Building Standards. To the extent that, at Tenant’s direction, the Tenant Improvements vary from the Space Plan or the Building Standards, such variance shall be made at Tenant’s sole cost and expense. Notwithstanding the foregoing to the contrary, Tenant shall pay to Landlord all costs incurred or payable by Landlord in making the Balconies accessible and usable by Tenant Alameda County within ten (10) business days after Tenant's Work has been substantially completed. (If Tenant should fail to record such notice within such ten (10)-day period, then Landlord shall have the receipt right to (i) cause such notice to be recorded (and Tenant shall execute or cause to be executed any and all documents required by Law to enable Landlord to do so); and/or (ii) withhold reimbursement of an invoice thereforthe Allowance until the statutory period for the filing of mechanic's liens has run (or in lieu thereof, accompanied by such detail as may reasonably be requested by Tenant has provided Landlord with a mechanic's xxxx xxxx acceptable to Landlord protecting Landlord from mechanic's liens and stop notices for Tenant's Work).) If Tenant fails to perform the obligations required in this Subsection E on or before January 1, 1997, then, without limiting Landlord's other rights and remedies on account of Tenant's default, Tenant shall reimburse to Landlord any Allowance previously paid to Tenant, which invoice may be delivered prior to the commencement of construction. (The Base Building Improvements and the Tenant Improvements are referred to in this Exhibit collectively as the “Initial Improvements.”) The Initial Improvements sum shall be completed free of any mechanics’ liensheld as additional security for the Tenant's obligations under this Lease in accordance with Section 3.6, except to the extent of any dispute in connection therewith, in which case Landlord shall adequately protect the Property from the foreclosure of any such lien.
(d) Landlord shall cause the Tenant Improvement Plans to be prepared by a registered professional architect and mechanical and electrical engineer(s)above. Landlord shall furnish the initial draft of the Tenant Improvement Plans to Tenant for Tenant’s review and approval. Tenant shall within three (3) business days after receipt either provide comments to such Tenant Improvement Plans or approve the same. The Tenant shall be deemed entitled to a re-disbursement of the Allowance only when all of the obligations of Tenant in this Section 5.4 have approved such Tenant Improvement Plans if Tenant does not timely provide comments on such Tenant Improvement Plans. If Tenant provides Landlord with comments been preformed and the conditions to disbursement of the Allowance set forth in subparts (ii) and (iii) of Subsection C, above, are met as of the date of the re-disbursement.
F. Notwithstanding anything to the initial draft of contrary in this Lease, in no event shall Landlord have any obligation to bring the Tenant Improvement Plans, Landlord shall provide revised Tenant Improvement Plans to Tenant incorporating Tenant’s comments within three (3) business days after receipt of Tenant’s comments. Tenant shall within three (3) business days after receipt then either provide comments to area inside the Premises into compliance with the Americans with Disabilities Act and all such revised Tenant Improvement Plans or approve such Tenant Improvement Plans. Tenant compliance shall be deemed to have approved such revised the obligation of Tenant Improvement Plans if Tenant does not timely provide comments on such Tenant Improvement Plans. The process described above shall be repeated, if necessary, until the Tenant Improvement Plans have finally been approved and covered by Tenant's Work.
(e) Landlord shall provide project management services in connection with the construction of the Initial Improvements and the Change Orders (defined below). Such project management services shall be performed without cost to Tenant, except for Change Orders, which shall be performed for a fee of five percent (5%) of all costs related to the construction of the Change Orders. Tenant may, at Tenant’s discretion and sole cost and expense, engage a representative to oversee construction activities on Tenant’s behalf. Said representative shall coordinate its efforts with Landlord’s project manager and/or contractor, shall have full access to all information and documentation with respect to the Tenant Improvements and may be engaged throughout the design and construction process of the Tenant Improvements.
Appears in 1 contract
Initial Improvements. The Initial Improvements: (a) shall be subject to the provisions of Sections 10.2, 10.3 and 10.4 above; (b) performed by contractor selected by Tenant and reasonably approved by Landlord, which approval shall not be unreasonably withheld, conditioned or delayed provided that Landlord has preapproved The final space plan Richmond Group, Inc. as the potential general contractor for the Initial Improvements; and (c) based on plans and specifications approved by Landlord, which approval shall not be unreasonable withheld, conditioned or delayed (the “Space Plan”) for the Premises, mutually approved by the Parties is attached as Appendix 1.
(b) Landlord shall cause the Base Building Improvements (the “Base Building Improvements”) described on Appendix 2 to be completed in accordance with the plans and specifications (the “Building Initial Improvement Plans”); and (d) prepared by Landlord, the Building Standards following terms and Specifications (the “Building Standards”) attached as Appendix 3 and Laws. The Base Building Improvements conditions shall be made, and the Building Plans shall be prepared, at Landlord’s sole cost and expense, except that any changes, alterations, modifications or upgrades toapply:
(i) Landlord shall pay Landlord’s Proportion (as hereinafter defined) of the Base Building Improvements or the Building Plans requested cost shown on each requisition (as hereinafter defined) submitted by Tenant to Landlord within thirty (30) days of submission thereof until the entirety of the Improvement Allowance has been exhausted. “Landlord’s Proportion” shall be a fraction, the numerator of which is the Improvement Allowance, and approved the denominator of which is the total contract price for the work. A “requisition” shall mean written documentation, including, without limitation, (i) invoices from Tenant’s contractors, vendors, service providers and consultants, and such other documentation as Landlord may reasonably request, showing in reasonable detail the cost of the items in question or improvements installed to date in the Premises, accompanied by Landlordcertifications from Tenant that the amount of the requisition in question is true and correct and does not exceed the cost of the items or improvements covered by such requisition; or
and (ii) the Tenant Improvements or the Tenant Improvement Plans (both defined below) evidence that result in changes, alterations, modifications or upgrades to the Base Building Improvements or the Building Plans, shall be made at Tenant’s sole cost and expense.
(c) Landlord shall also cause the Tenant Improvements (the “Tenant Improvements”) described on Appendix 2 to be completed in accordance with the Space Plan, the plans and specifications (including the tenant finishes) (the “Tenant Improvement Plans”) approved by the Parties, the Building Standards and Laws. Subject to the last sentence of this subparagraph (c), the Tenant Improvements shall be made, and the Tenant Improvement Plans shall be prepared, at Landlord’s cost and expense, except to the extent that, at Tenant’s direction, the Tenant Improvements vary from the Space Plan or the Building Standards. To the extent that, at Tenant’s direction, the Tenant Improvements vary from the Space Plan or the Building Standards, such variance shall be made at Tenant’s sole cost and expense. Notwithstanding the foregoing to the contrary, Tenant shall pay to Landlord all costs incurred or payable by Landlord in making the Balconies accessible and usable by Tenant within ten (10) business days after the receipt of an invoice therefor, accompanied by such detail as may reasonably be requested by Tenant, which invoice may be delivered prior to the commencement of construction. (The Base Building Improvements and the Tenant Improvements are referred to in this Exhibit collectively as the “Initial Improvements.”) The Initial Improvements shall be completed free of any mechanics’ liens, except to the extent of any dispute in connection therewith, in which case Landlord shall adequately protect the Property from the foreclosure of any such lien.
(d) Landlord shall cause the Tenant Improvement Plans to be prepared by a registered professional architect and mechanical and electrical engineer(s). Landlord shall furnish the initial draft of the Tenant Improvement Plans to Tenant for Tenant’s review and approval. Tenant shall within three (3) business days after receipt either provide comments to such Tenant Improvement Plans or approve the same. Tenant shall be deemed to have approved such Tenant Improvement Plans if Tenant does not timely provide comments on such Tenant Improvement Plans. If Tenant provides Landlord with comments to the initial draft of the Tenant Improvement Plans, Landlord shall provide revised Tenant Improvement Plans to Tenant incorporating Tenant’s comments within three (3) business days after receipt of Tenant’s comments. Tenant shall within three (3) business days after receipt then either provide comments to such revised Tenant Improvement Plans or approve such Tenant Improvement Plans. Tenant shall be deemed to have approved such revised Tenant Improvement Plans if Tenant does not timely provide comments on such Tenant Improvement Plans. The process described above shall be repeated, if necessary, until the Tenant Improvement Plans have finally been approved by Tenant.
(e) Landlord shall provide project management services in connection with the construction of the Initial Improvements and other work done by or on behalf of Tenant which could give rise to any mechanic’s or materialman’s liens has been paid for in full and that any and all liens therefor that have been or may be filed have been satisfied of record or waived (the Change Orders (defined below). Such project management services shall be performed without cost to Tenant, except for Change Orders, which shall be performed for a fee of five percent (5%“Lien Waivers”) of all costs related to the construction of the Change Orders. Tenant may, at Tenant’s discretion and sole cost and expense, engage a representative to oversee construction activities on Tenant’s behalf. Said representative shall coordinate its efforts with Landlord’s project manager and/or contractor, shall have full access to all information and documentation with respect to the Tenant Improvements prior month’s requisition. Landlord shall have the right, upon reasonable advance notice to Tenant, to inspect Tenant’s books and may be engaged throughout records relating to each requisition in order to verify the design and construction process of the Tenant Improvementsamount thereof.
Appears in 1 contract
Samples: Lease Agreement (Verastem, Inc.)
Initial Improvements. (a) The final space plan Tenant shall deliver to Landlord, for Landlord’s approval pursuant to this Section 4.01 and Section 4.02 hereof, plans and specifications relating to Tenant’s construction of Tenant’s leasehold improvements to the Premises necessary to prepare the Premises for Tenant’s initial occupancy thereof (the “Space PlanInitial Improvements”) for the Premises, mutually approved by the Parties is attached as Appendix 1).
(b) After plans for the Initial Improvements have been submitted and, if necessary, re-submitted to Landlord shall cause the Base Building Improvements (the “Base Building Improvements”) described on Appendix 2 to be completed and approved by Landlord as provided in accordance with the plans this Section 4.01 and specifications (the “Building Plans”) prepared by LandlordSection 4.02 hereof, the Building Standards and Specifications (the “Building Standards”) attached as Appendix 3 and Laws. The Base Building Initial Improvements shall be madeconstructed in compliance with such approved plans and specifications, all applicable Legal Requirements) and all orders, rules, recommendations and other requirements of all applicable fire safety organizations and any other body exercising the same or similar functions and having or asserting jurisdiction over all or any part of the Premises or the Real Property (collectively, “Insurance Requirements”). Landlord’s Work and the Initial Improvements shall be performed by the parties hereto and their respective agents and contractors (as applicable) in such a manner as not to delay or interfere with any other construction in, or the maintenance or operation of, the Building, and Landlord and Tenant hereby agree to use commercially reasonable efforts to cause Landlord’s Work and the Building Plans Initial Improvements to be performed harmoniously and in a coordinated manner so as to avoid delaying the completion of either.
(c) Tenant shall cause to be prepared, at Landlord’s sole cost and expense, except that any changes, alterations, modifications or upgrades to:
(i) the Base Building Improvements or the Building Plans requested by Tenant and approved by Landlord; or
(ii) the Tenant Improvements or the Tenant Improvement Plans (both defined below) that result in changes, alterations, modifications or upgrades to the Base Building Improvements or the Building Plans, shall be made at Tenant’s sole cost and expense.
(c) , and shall submit to Landlord shall also cause for Landlord’s reasonable approval detailed plan and specifications for the Tenant Improvements Initial Improvements, including layout, architectural, mechanical, electrical, and structural drawings (the “Initial Plans and Specifications”). If Landlord disapproves such Initial Plans and Specifications submitted by Tenant, then it shall provide Tenant Improvements”) described on Appendix 2 to be completed in accordance with the Space Plandetailed, the written reasons for such disapproval within 10 business days after Landlord receives Tenant’s submission. Promptly thereafter, Tenant shall resubmit such proposed final plans and specifications (including the tenant finishes) (the “Tenant Improvement Plans”) approved by the Parties, the Building Standards with any reasonable changes that Landlord may have requested. Tenant’s proposed final plans and Laws. Subject to the last sentence specifications shall comply with all applicable Legal Requirements and provisions of this subparagraph (c), the Tenant Improvements shall be made, Lease. If Landlord fails to approve or disapprove of such proposed final plans and the Tenant Improvement Plans shall be prepared, at Landlord’s cost and expense, except to the extent that, at Tenant’s direction, the Tenant Improvements vary from the Space Plan specifications or the Building Standards. To the extent that, at Tenant’s direction, the Tenant Improvements vary from the Space Plan or the Building Standards, such variance shall be made at Tenant’s sole cost and expense. Notwithstanding the foregoing to the contrary, Tenant shall pay to Landlord all costs incurred or payable by Landlord in making the Balconies accessible and usable by Tenant any modifications thereof within ten (10) business days after the receipt of an invoice therefor, accompanied by such detail as may reasonably be requested by Tenanttheir submission, which invoice may approval shall not be delivered prior unreasonably withheld, conditioned or delayed, and Tenant informs Landlord of such failure by written notice that states “SECOND REQUEST FOR LANDLORD’S APPROVAL OF PROPOSED FINAL PLANS AND SPECIFICATIONS. LANDLORD’S FAILURE TO RESPOND WITHIN TEN (10) BUSINESS DAYS OF RECEIPT SHALL BE DEEMED TO CONSTITUTE LANDLORD’S APPROVAL OF SUCH PROPOSED FINAL PLANS AND SPECIFICATIONS IN ACCORDANCE WITH THE TERMS OF THE LEASE”, or language to substantially the same effect, then Landlord’s failure to approve or disapprove within such additional ten (10) business days shall be deemed to constitute Landlord’s approval of such proposed final plans and specifications. Such proposed final plans and specifications shall not be modified by Tenant without such approval (or deemed approval) by Landlord, which shall not be unreasonably withheld, conditioned or delayed, but Landlord shall not in any event be obligated to approve any modifications to the commencement Initial Plans and Specifications (or any further revisions thereof) which, in Landlord’s reasonable judgment, would cause and delay in the completion of construction. (The Base Building Improvements and Landlord’s Work or the Tenant Improvements are referred to in this Exhibit collectively as the “Initial Improvements.”) The Initial Improvements shall be completed free of or impose any mechanics’ liens, except to cost or expense upon Landlord beyond the extent of any dispute time period or expense contemplated by the Initial Plans and Specifications unless Tenant first acknowledges in connection therewith, in which case Landlord shall adequately protect the Property from the foreclosure of any writing its responsibility for such liendelay or additional cost or expense.
(d) Within 10 days after Landlord shall cause has approved the Tenant Improvement Plans to be prepared by a registered professional architect final plans and mechanical and electrical engineer(sspecifications for the Initial Improvements (the “Plan Approval Date”). Landlord shall furnish the initial draft of the Tenant Improvement Plans to Tenant for Tenant’s review and approval. , Tenant shall within submit such approved final plans and specifications to up to three (3) business days after receipt either provide comments reputable general contractors approved by Landlord, which approval shall not be unreasonably withheld, conditioned or delayed, and to such Tenant Improvement Plans or approve Landlord’s designated general contractor(s) and shall solicit bids for the sameperformance of the work contemplated thereby. Tenant shall be deemed submit to have approved such Landlord the bid that Tenant Improvement Plans if Tenant does not timely provide comments on such Tenant Improvement Plansdesires to accept. If the actual cost to perform the Initial Improvements is less than $1,737,600.00 (the “Maximum Contribution”), then Tenant provides Landlord with comments to the initial draft shall receive a credit of the Tenant Improvement Plans, Landlord shall provide revised Tenant Improvement Plans difference between the actual cost to Tenant incorporating Tenant’s comments within three (3) business days after receipt of Tenant’s comments. Tenant shall within three (3) business days after receipt then either provide comments to such revised Tenant Improvement Plans or approve such Tenant Improvement Plans. Tenant shall be deemed to have approved such revised Tenant Improvement Plans if Tenant does not timely provide comments on such Tenant Improvement Plans. The process described above shall be repeated, if necessary, until the Tenant Improvement Plans have finally been approved by Tenant.
(e) Landlord shall provide project management services in connection with the construction of perform the Initial Improvements and the Change Orders (defined below). Such project management services shall Maximum Contribution to be performed without applied against the cost to Tenant, except for Change Orders, which shall be performed for a fee of five percent (5%) of all costs related any improvements Tenant performs to the construction of First Floor Space (as hereinafter defined) and the Change Orders. Tenant may, at Additional Space (as hereinafter defined) to prepare the same for Tenant’s discretion and sole cost and expense, engage a representative to oversee construction activities on Tenant’s behalf. Said representative shall coordinate its efforts with Landlord’s project manager and/or contractor, shall have full access to all information and documentation with respect to the Tenant Improvements and may be engaged throughout the design and construction process of the Tenant Improvementsinitial occupancy thereof.
Appears in 1 contract
Samples: Lease (Digitas Inc)
Initial Improvements. (A) Certain improvements shall be constructed in the Premises according to the space plan attached hereto as Exhibit B (the "Space Improvements") for the purpose of initially preparing the Premises for occupancy by Tenant, all to be paid for as provided in subsection (B) of this section below. Such Space Improvements shall be constructed by Landlord in accordance with the following procedures:
(1) The following provisions shall apply:
(a) The final space plan Landlord shall promptly after execution of this Lease engage an architect to prepare plans and specifications of the Space Improvements for Tenant's review and approval. Such plans and specifications shall be submitted to Tenant within 21 days after the date hereof, and Tenant shall review and either approve or notify Landlord of proposed changes thereto within 7 days after receiving same. If no response is forthcoming from Tenant within this 7 day period, such plans shall be deemed approved. Landlord shall make any changes to such plans reasonably (and timely) requested by Tenant and necessary to make the “Space Plan”) for the Premises, mutually approved by the Parties is attached as Appendix 1.plans and specifications conform to Exhibit B.
(b) Landlord shall cause the Base Building Improvements (the “Base Building Improvements”) described on Appendix 2 to be completed in accordance with Promptly after the plans and specifications (have been finalized, Landlord shall solicit a minimum of 3 bids for construction of the “Building Plans”) prepared Space Improvements and, unless otherwise agreed to by LandlordTenant, the Building Standards and Specifications (the “Building Standards”) attached as Appendix 3 and Laws. The Base Building Improvements lowest bid shall be madeaccepted. Landlord shall enter into written contracts with a contractor or contractors for the construction of such improvements and, if appropriate, engage a construction manager for oversight and supervision of the Building Plans construction. Landlord shall be preparedassign to Tenant all warranties relating to the construction of the Space Improvements from vendors, at Landlord’s sole cost and expensecontractors, except that any changes, alterations, modifications or upgrades to:
(i) the Base Building Improvements or the Building Plans requested by Tenant and approved by Landlord; or
(ii) the Tenant Improvements or the Tenant Improvement Plans (both defined below) that result in changes, alterations, modifications or upgrades construction manager to the Base Building Improvements extent permissible under any such contracts or the Building Plans, shall be made at Tenant’s sole cost and expenseapplicable law.
(c) Tenant and its agents and contractors shall have the right to enter the Premises prior to the Commencement Date for purposes of installing wires and cables for telephones and computers, provided that in doing so such parties shall not interfere with Landlord or its contractors constructing the Space Improvements, and further provided that prior to any such entry Tenant shall have obtained the insurance required under Article IV hereof, and its contractors shall have obtained such liability, workmen's compensation and other insurance as is reasonably acceptable to Landlord. The Commencement Date shall not be deemed to occur upon such entry unless Tenant begins commencing its normal business operations within the Premises.
(B) All costs and expenses of designing and constructing the Space Improvements described in subsection (A) above shall be paid as follows:
(1) Landlord shall also cause the Tenant Improvements provide and pay an allowance (the “Tenant Improvements”"Allowance") described on Appendix 2 to be completed of $14 per rentable square foot of the Premises towards (i) the costs of designing the space plan in accordance with the Space Plan, Exhibit B and all of the plans and specifications for the Space Improvements, and (ii) the costs of constructing the Space Improvements, including the tenant finishes) (the “Tenant Improvement Plans”) approved by the Partiesbut not limited to all fees, costs and expenses paid under construction contracts and subcontracts, construction managers' fees, costs and expenses, the Building Standards costs of materials, supplies, permits and Lawsother items, and any other out-of-pocket expenditures incurred in any connection with such construction. Subject Such Allowance shall not be paid for any other costs or purposes. Tenant shall pay any and all costs of designing and constructing the Space Improvements which are in excess of the Allowance; provided Landlord shall cause its architectural firm to the last sentence of this subparagraph (c), prepare a preliminary space plan for the Tenant Improvements shall be made, and the Tenant Improvement Plans shall be prepared, at Landlord’s for a cost and expense, except not to the extent that, at Tenant’s direction, the Tenant Improvements vary from the Space Plan or the Building Standards. To the extent that, at Tenant’s direction, the Tenant Improvements vary from the Space Plan or the Building Standards, such variance shall be made at Tenant’s sole cost and expense. Notwithstanding the foregoing to the contrary, exceed $2,300.00.
(2) Tenant shall pay to Landlord all the amount by which the total costs incurred or payable by to Landlord in making of designing and constructing the Balconies accessible and usable by Tenant Space Improvements exceeds the Allowance within ten (10) business 15 days after receiving Landlord's written statement of such costs.
(C) Landlord shall use commercially reasonable efforts to complete such improvements on or before the receipt Target Date set forth in Section 1.01 hereof, but Landlord shall have no liability to the Tenant hereunder if prevented from doing so due to strike or other labor troubles, governmental restrictions, failure or shortage of an invoice thereforutility service, accompanied by national or local emergency, accident, flood, fire or other casualty, adverse weather condition, other act of God, inability to obtain a building permit or a certificate of occupancy, or any other cause beyond the Landlord's reasonable control. In such detail as may reasonably event, the Commencement Date and Expiration Date shall be requested postponed for a period equaling the length of such delay. However, if any delay in completion of the Space Improvements or in delivering possession of the Premises to Tenant are caused by Tenant, including but not limited to failure of Tenant to timely respond to submissions by Landlord under subsection (A) of this section above or Tenant's requesting changes in the Space Improvements which invoice may delay completion thereof, then Tenant shall commence all of its obligations hereunder (including the payments of Rent), and all terms herein shall be delivered prior to the commencement of construction. (The Base Building Improvements effective and the Tenant Improvements are referred to in this Exhibit collectively binding, on that date reasonably calculated by Landlord or its contractor as the “Initial Improvementsdate on which Landlord would have substantially completed the Space Improvements if not for such delay.”) The Initial Improvements shall be completed free of any mechanics’ liens, except to the extent of any dispute in connection therewith, in which case Landlord shall adequately protect the Property from the foreclosure of any such lien.
(d) Landlord shall cause the Tenant Improvement Plans to be prepared by a registered professional architect and mechanical and electrical engineer(s). Landlord shall furnish the initial draft of the Tenant Improvement Plans to Tenant for Tenant’s review and approval. Tenant shall within three (3) business days after receipt either provide comments to such Tenant Improvement Plans or approve the same. Tenant shall be deemed to have approved such Tenant Improvement Plans if Tenant does not timely provide comments on such Tenant Improvement Plans. If Tenant provides Landlord with comments to the initial draft of the Tenant Improvement Plans, Landlord shall provide revised Tenant Improvement Plans to Tenant incorporating Tenant’s comments within three (3) business days after receipt of Tenant’s comments. Tenant shall within three (3) business days after receipt then either provide comments to such revised Tenant Improvement Plans or approve such Tenant Improvement Plans. Tenant shall be deemed to have approved such revised Tenant Improvement Plans if Tenant does not timely provide comments on such Tenant Improvement Plans. The process described above shall be repeated, if necessary, until the Tenant Improvement Plans have finally been approved by Tenant.
(e) Landlord shall provide project management services in connection with the construction of the Initial Improvements and the Change Orders (defined below). Such project management services shall be performed without cost to Tenant, except for Change Orders, which shall be performed for a fee of five percent (5%) of all costs related to the construction of the Change Orders. Tenant may, at Tenant’s discretion and sole cost and expense, engage a representative to oversee construction activities on Tenant’s behalf. Said representative shall coordinate its efforts with Landlord’s project manager and/or contractor, shall have full access to all information and documentation with respect to the Tenant Improvements and may be engaged throughout the design and construction process of the Tenant Improvements.
Appears in 1 contract
Initial Improvements. a. Landlord agrees that on the commencement date the HVAC, electrical, plumbing and other building systems, shall be in good working order and repair. On or before the commencement date representatives of Landlord and Tenant shall inspect the premises and prepare a written punchlist of any repairs required to place such building systems in good working order and repair. Except as may be set forth in such punchlist, the taking of possession of the premises by Tenant shall constitute Tenant's acceptance of such systems as being in good working order and repair. Except as provided in this Paragraph Landlord is delivering the premises to Tenant, and Tenant accepts the premises from Landlord, in their "as is" condition.
b. Subject to reimbursement by Landlord as provided below, Tenant shall be responsible for such refurbishment of the premises, at its expense, as may be required by Tenant for its use and occupancy of the premises, including replacement of ceiling tiles, recarpeting and repainting of the office areas within the premises. Landlord agrees to reimburse Tenant for such refurbishment costs, up to a maximum of $59,100.00, within thirty (a30) The final space plan days after receipt from Tenant of a statement in reasonable detail of the refurbishment costs incurred, accompanied by invoices or receipts supporting the amount to be reimbursed.
c. Attached hereto as Exhibit "D" is a punchlist prepared by Landlord listing items in the premises which Landlord requires be removed or repaired by the prior tenant of the premises (the “Space Plan”) "Tech Data punchlist" and "Tech Data", respectively). Tenant has advised Landlord that Tenant has separately agreed to acquire from Tech Data certain of the items noted on the Tech Data Punchlist in return for assuming Tech Data's obligations under the PremisesTech Data Punchlist Tenant shall cause to be repaired or removed from the premises all items listed on the Tech Data Punchlist on or before the expiration or sooner termination of this Lease, mutually approved by the Parties is attached as Appendix 1and repair any damage resulting from such removal, all at Tenant's expense.
(b) Landlord shall cause the Base Building Improvements (the “Base Building Improvements”) described on Appendix 2 d. All work to be completed performed by Tenant pursuant to this Paragraph shall be performed in accordance a good and workmanlike manner, in compliance with all laws and lien-free. EXECUTED BY A DULY AUTHORIZED OFFICER OF LANDLORD, this 28th day of September, 1998. Rxxxx & Company, a division of Rxxxx Bank N.A. as trustee of the plans Multi-Employer Property Trust Attest/Witness /s/ [Illegible] By: /s/ [Illegible] ---------------------------------- ------------------------------------- Title: Director Title: Managing Director ---------------------------- ---------------------------------- EXECUTED BY A DULY AUTHORIZED OFFICER of TENANT, this 28th day of September, 1998. Pinacor,Inc. Attest/Witness /s/ [Illegible] By: /s/ [Illegible] ---------------------------------- ------------------------------------- Title: Mgr. Admin. Title: V.P., Administration ---------------------------- ---------------------------------- EXHIBIT "A" DESCRIPTION OF PROPERTY DESCRIPTION OF LAND TO BE KNOWN AS BLOCK 346K LXX 0 XXXXXX XXXXXXX XXXX XXXXXXXX, XXXXXXXXXX XXXXXX, XXX XXXXXX ALL THAT CERTAIN tract or parcel of land situate in the Township of West Deptford, County of Gloucester and specifications State of New Jersey being more particularly described as follows: (see attached legal description) EXHIBIT "A" DESCRIPTION OF LAND TO BE KNOWN AS BLOCK 346K, LXX 0 XXXXXX XXXXXXX XXXX XXXXXXXX, XXXXXXXXXX XXXXXX, XXX XXXXXX ALL THAT CERTAIN parcel or tract of land situate in the “Building Plans”) Township of West Deptford, County of Gloucester, and State of New Jersey as shown on a plan entitled "Amended Subdivision Plan, Phase 3, Forest Park Corporate Center", prepared by LandlordNTH/Rxxxxxx Associates, Consulting Engineers dated October 8, 1987 and last revised April 20, 1988, prepared for Txxxxxxx Xxxx Company bounded and BEGINNING at a point in the Building Standards and Specifications northerly right of way line of Forest Parkway (60 feet wide), said point being the “Building Standards”most easterly corner point of Block 346K, Lots 2;
THENCE (1) attached as Appendix 3 and Laws. The Base Building Improvements shall be madeleaving said right of way line of Forest Parkway, along the common property line between said Lot 2, and the Building Plans shall be preparedherein described parcel; North 26 degrees 40 minutes 08 seconds West, at Landlord’s sole cost and expense, except that any changes, alterations, modifications or upgrades to:
(i) the Base Building Improvements or the Building Plans requested by Tenant and approved by Landlorda distance of 680.03 feet to .a point; or
(ii) the Tenant Improvements or the Tenant Improvement Plans (both defined below) that result in changes, alterations, modifications or upgrades to the Base Building Improvements or the Building Plans, shall be made at Tenant’s sole cost and expense.
(c) Landlord shall also cause the Tenant Improvements (the “Tenant Improvements”) described on Appendix 2 to be completed in accordance with the Space Plansaid point being in, the plans and specifications southeasterly right of way line of U.S. Route 130 (including the tenant finishes250 feet wide, A.K.A. Interstate Route 295) THENCE (the “Tenant Improvement Plans”2) approved by the Partiesalong said right of way line of U.S. Route 130, the Building Standards and Laws. Subject North 63 degrees 19 minutes 52 seconds East, a. distance of 460.00 feet to the last sentence of this subparagraph (c), the Tenant Improvements shall be made, and the Tenant Improvement Plans shall be prepared, at Landlord’s cost and expense, except to the extent that, at Tenant’s direction, the Tenant Improvements vary from the Space Plan or the Building Standards. To the extent that, at Tenant’s direction, the Tenant Improvements vary from the Space Plan or the Building Standards, such variance shall be made at Tenant’s sole cost and expense. Notwithstanding the foregoing to the contrary, Tenant shall pay to Landlord all costs incurred or payable by Landlord in making the Balconies accessible and usable by Tenant within ten (10) business days after the receipt of an invoice therefor, accompanied by such detail as may reasonably be requested by Tenant, which invoice may be delivered prior to the commencement of construction. (The Base Building Improvements and the Tenant Improvements are referred to in this Exhibit collectively as the “Initial Improvements.”) The Initial Improvements shall be completed free of any mechanics’ liens, except to the extent of any dispute in connection therewith, in which case Landlord shall adequately protect the Property from the foreclosure of any such lien.
(d) Landlord shall cause the Tenant Improvement Plans to be prepared by a registered professional architect and mechanical and electrical engineer(s). Landlord shall furnish the initial draft of the Tenant Improvement Plans to Tenant for Tenant’s review and approval. Tenant shall within three point; THENCE (3) business days after receipt either provide comments leaving said right of way line of U.S. Route 130, South 29 degrees 48 minutes 42 seconds East, a distance of 735.69 feet to such Tenant Improvement Plans or approve the same. Tenant shall be deemed a point; THENCE (4) South 00 degrees 11 minutes 18 seconds West, a distance of 205.56 feet to have approved such Tenant Improvement Plans if Tenant does not timely provide comments on such Tenant Improvement Plans. If Tenant provides Landlord with comments to the initial draft of the Tenant Improvement Plans, Landlord shall provide revised Tenant Improvement Plans to Tenant incorporating Tenant’s comments within three (3) business days after receipt of Tenant’s comments. Tenant shall within three (3) business days after receipt then either provide comments to such revised Tenant Improvement Plans or approve such Tenant Improvement Plans. Tenant shall be deemed to have approved such revised Tenant Improvement Plans if Tenant does not timely provide comments on such Tenant Improvement Plans. The process described above shall be repeated, if necessary, until the Tenant Improvement Plans have finally been approved by Tenant.
(e) Landlord shall provide project management services in connection with the construction of the Initial Improvements and the Change Orders (defined below). Such project management services shall be performed without cost to Tenant, except for Change Orders, which shall be performed for a fee of five percent (5%) of all costs related to the construction of the Change Orders. Tenant may, at Tenant’s discretion and sole cost and expense, engage a representative to oversee construction activities on Tenant’s behalf. Said representative shall coordinate its efforts with Landlord’s project manager and/or contractor, shall have full access to all information and documentation with respect to the Tenant Improvements and may be engaged throughout the design and construction process of the Tenant Improvements.point;
Appears in 1 contract
Samples: Lease Agreement (Microage Inc /De/)
