Common use of Landlord Work Clause in Contracts

Landlord Work. Landlord agrees to act as construction manager for construction of certain tenant improvements and Landlord agrees to deliver the Demised Premises and provide a 1 year warranty on all Landlord work to the Tenant and construct the tenant improvements at its sole cost ("Landlord Work") in a good and workmanlike manner, using building standard materials, and in reasonable accordance with the ( “Space Plan”) prepared by Xxxxxx Designs, dated_______________ and the plans and specifications” approved by Landlord and Tenant dated ___________, 2006, the ("Approved Plans and Specifications") and attached hereto as Schedule “1”. Landlord is a licensed General Contractor and will be performing the work as defined herein. Landlord shall select the subcontractors to complete the Landlord Work per the Approved Plans and Specifications, and reserves the right to perform certain aspects (Electrical and Mechanical work) of this project under a “Design Build” format. Except as set forth herein, Landlord shall have no further obligations thereafter with respect to repair or replacement of items in the Demised Premises. Upon Substantial Completion of the Landlord Work and the Punch List Items (as such terms are defined below), Landlord shall have no further obligation with regard to tenant improvements within the Demised Premises. Notwithstanding anything contained herein to the contrary, all (i) Tenant moving expenses and (ii) costs for installation of Tenant’s equipment and furnishings shall be the sole responsibility of Tenant. Landlord shall cause Substantial Completion of the Landlord Work to occur prior to September 1, 2006 other than Punch List items which shall be corrected within sixty (60) days thereafter. Notwithstanding the foregoing, Section 3.3 of the Lease sets forth Tenant’s sole remedy with respect to any failure by Landlord to cause Substantial Completion of the Landlord Work by September 1, 2006.

Landlord Work. 2.1 Notwithstanding any of the foregoing to the contrary, subject to delays caused by Force Majeure or Tenant Delay (defined below), Landlord, at Landlord’s sole cost and expense, shall perform the work set forth on Exhibit B-1 hereto (“Landlord agrees Work”), and within a reasonable time after delivery of possession shall Substantially Complete (defined below) the Landlord Work and leave the affected area in broom-clean condition with respect to act as construction manager for Landlord Work (but Landlord shall not be obligated to do any clean-up or refuse removal related to construction of certain tenant improvements Tenant Work). 2.2 Tenant acknowledges and Landlord agrees that in order to deliver the Demised Premises to Tenant on the schedule contemplated by this Lease, preparation for and provide a 1 year warranty on performance of the Landlord Work will require access, work and construction within the Premises after delivery of possession to Tenant, and that Landlord and Landlord’s representatives and contractors shall have the right to enter the Premises at all times to perform such work until the Landlord Work is completed, and that such entry and work to shall not constitute an eviction of Tenant in whole or in part and shall in no way excuse Tenant from performance of its obligations under the Lease. Tenant and construct Landlord acknowledge and agree that the tenant improvements Landlord Work and necessary coordination and cooperation to accomplish it will cause certain unavoidable level of disturbance, inconvenience, annoyance to Tenant’s use and enjoyment of the Premises, and that in performing such Landlord Work Landlord shall use commercially reasonable efforts not to unreasonably and materially interfere with Tenant’s construction, installations and business operations. Tenant shall cooperate with Landlord and Landlord’s contractors(s) to allow the Landlord Work and shall move Tenant’s trade fixtures, furnishings and equipment as reasonably requested by Landlord or Landlord’s contractor(s). The costs of such cooperation and moving, and any related disconnections and installations of Tenant’s trade fixtures, equipment, phones, furnishings and other personal property, shall be at its Tenant’s sole cost ("and expense. To the extent that Tenant, its contractors or subcontractors delay the Substantial Completion of the Landlord Work") , such delay shall be a Tenant Delay and the Landlord Work shall be deemed Substantially Complete on the date such Landlord Work would have been completed but for the delay caused by Tenant, its contractors or subcontractors. 2.3 The Landlord Work shall be constructed in accordance with all applicable Laws, in a good and workmanlike mannermanner and using new materials and equipment of good quality. For purposes of this Workletter, using building standard materials, “Substantially Complete” and in reasonable accordance with the ( “Space Plan”) prepared by Xxxxxx Designs, dated_______________ and the plans and specificationsSubstantial Completion” approved by Landlord and Tenant dated ___________, 2006, the ("Approved Plans and Specifications") and attached hereto as Schedule “1”. Landlord is a licensed General Contractor and will be performing the work as defined herein. Landlord shall select the subcontractors to complete of the Landlord Work per shall mean the Approved Plans completion of the Landlord Work, except for minor insubstantial details of construction, decoration or mechanical adjustments which remain to be done and Specifications, which shall not unreasonably and reserves the right to perform certain aspects (Electrical and Mechanical work) of this project under a “Design Build” format. Except as set forth herein, Landlord shall have no further obligations thereafter materially interfere with respect to repair or replacement of items Tenant’s regular business operations in the Demised Premises. Upon Substantial Completion shall be deemed to have occurred notwithstanding a requirement to complete “punchlist” or similar minor corrective work. Contemporaneously with or promptly after Substantial Completion of the Landlord Work Work, Tenant shall have the right to submit a written “punch list” to Landlord, setting forth any incomplete or defective item of construction. Landlord shall complete with reasonable diligence “punch list” items mutually agreed upon by Landlord and Tenant with respect to the Punch List Items (as such terms are defined below)Landlord Work. In addition, Landlord shall have no further obligation with regard to tenant improvements repair all latent defects in workmanship and materials of the Landlord Work, provided that Tenant gives Landlord written notice of any such latent defects within three (3) months after the Demised Premises. Notwithstanding anything contained herein to the contrary, all (i) Tenant moving expenses and (ii) costs for installation date of Tenant’s equipment and furnishings shall be the sole responsibility of Tenant. Landlord shall cause Substantial Completion of the Landlord Work to occur prior to September 1Work. For purposes of this Section, 2006 other than Punch List items the term “latent defects” shall mean defects which shall be corrected within sixty (60) days thereafterwere not readily apparent at the time the “punchlist” was formulated. Notwithstanding the foregoing, Section 3.3 of the Lease sets forth Tenant’s sole remedy with respect to any failure by Landlord to cause Substantial Completion of All construction and installation resulting from the Landlord Work by September 1, 2006shall immediately become and remain the property of Landlord.

Landlord Work. Landlord agrees to act as construction manager for construction of certain tenant improvements and Landlord agrees to deliver the Demised Premises and provide a 1 year warranty on all Landlord work to the Tenant and construct the tenant improvements A. Landlord, at its sole cost and expense ("Landlord Work"subject to the terms and provisions of Section 2.B below) shall (if the same have not been previously completed) perform certain “warm shell” improvements to the Premises (i) in a good and workmanlike manner, using building standard materials, and in reasonable accordance with the ( following work list (the “Space PlanInitial Landlord Alterations”), and (ii) as described on Schedule 1 attached hereto (the “Second Phase Landlord Alterations”), in each case using Building standard methods, materials and finishes. The improvements not completed and to be performed in accordance with the work list below (the “Work List”) prepared by Xxxxxx Designs, dated_______________ and in accordance with Schedule 1 to this Exhibit D are collectively hereinafter referred to as the plans and specifications” approved by “Landlord and Tenant dated ___________, 2006, the ("Approved Plans and Specifications") and attached hereto as Schedule “1Work”. Landlord is shall enter into a licensed General Contractor and will be performing the work as defined herein. Landlord shall select the subcontractors to complete direct contract for the Landlord Work per the Approved Plans and Specifications, and reserves the right to perform certain aspects (Electrical and Mechanical work) of this project under with a “Design Build” formatgeneral contractor selected by Landlord. Except as set forth hereinIn addition, Landlord shall have no further obligations thereafter the right to select and/or approve of any subcontractors used in connection with respect the Landlord Work. 1. Complete any interior soft demolition, including removal of demolition spoils. 2. Install planned insulation within the Premises. 3. Floor area within the Premises shall be broom swept condition ready for layout and framing. 4. Building electrical system shall be ready to repair accommodate temporary lighting and power. B. All work and upgrades, other than Landlord Work, subject to Landlord’s approval, shall be at Tenant’s sole cost and expense, plus any applicable state sales or replacement of items use tax thereon, payable upon demand as Additional Rent. If Landlord is delayed in the Demised Premises. Upon Substantial Completion performance of the Landlord Work and the Punch List Items Work, or any portion thereof, by any Tenant Delay (as such terms are defined belowin the Lease), the Landlord Work (or such portion thereof) shall be deemed to be Substantially Complete on the date that Landlord could reasonably have no further obligation been expected to Substantially Complete the Landlord Work absent any Tenant Delay. Tenant shall be responsible for any Tenant Delay in completion of the Premises resulting from any such other work and upgrades requested or performed by Tenant. C. Landlord’s supervision or performance of any work for or on behalf of Tenant shall not be deemed to be a representation by Landlord that the improvements constructed will be adequate for Tenant’s use. Landlord and Tenant agree to cooperate with regard each other in order to tenant improvements within enable the Demised PremisesLandlord Work to be performed in a timely manner. Notwithstanding anything contained herein to the contrary, all (i) Tenant moving expenses and (ii) costs for installation of Tenant’s equipment and furnishings shall be any delay in the sole responsibility of Tenant. Landlord shall cause Substantial Completion completion of the Landlord Work to occur prior to September 1, 2006 other than Punch List items which shall be corrected within sixty (60) days thereafter. Notwithstanding or inconvenience suffered by Tenant during the foregoing, Section 3.3 of the Lease sets forth Tenant’s sole remedy with respect to any failure by Landlord to cause Substantial Completion performance of the Landlord Work by September 1shall not subject Landlord to any liability for any loss or damage resulting therefrom or entitle Tenant to any credit, 2006abatement or adjustment of Rent or other sums payable under the Lease, except as otherwise provided in the Lease.

Landlord Work. Landlord agrees to act as construction manager for construction of certain tenant improvements and Landlord agrees to deliver the Demised Premises and provide a 1 year warranty on all Landlord work to the Tenant and construct the tenant improvements at its sole cost ("Landlord Work") in a good and workmanlike manner, using building standard materials, and in reasonable accordance with the ( “Space Plan”) prepared by Xxxxxx Designs, dated_______________ and the plans and specifications” approved by Landlord and Tenant dated ___________, 2006, the ("Approved Plans and Specifications") and attached hereto as Schedule “1”2.1. Landlord is a licensed General Contractor and will be performing the work as defined herein. Landlord shall select the subcontractors to complete the Landlord Work per the Approved Plans and Specifications, and reserves the right to perform certain aspects (Electrical and Mechanical work) of this project under a “Design Build” format. Except as set forth herein, Landlord shall have no further obligations thereafter with respect to repair or replacement of items in the Demised Premises. Upon Substantial Completion Notwithstanding any of the Landlord Work and the Punch List Items (as such terms are defined below), Landlord shall have no further obligation with regard to tenant improvements within the Demised Premises. Notwithstanding anything contained herein foregoing to the contrary, all subject to delays caused by Force Majeure or Tenant Delay, Landlord, at Landlord’s sole cost and expense, shall perform the work set forth on Exhibit B-1 hereto (i) Tenant moving expenses “Landlord Work”), and (ii) costs for installation of Tenant’s equipment and furnishings shall be the sole responsibility of Tenant. Landlord shall cause Substantial Completion of the Landlord Work to occur prior to September 1, 2006 other than Punch List items which shall be corrected within sixty (60) days thereafterafter the Delivery Date shall Substantially Complete the Landlord Work and leave the affected area in broom-clean condition with respect to Landlord Work (but Landlord shall not be obligated to do any clean-up or refuse removal related to construction of Tenant Work). 2.2. Notwithstanding Tenant acknowledges and agrees that in order to deliver the foregoingPremises to Tenant on the schedule contemplated by this Lease, Section 3.3 preparation for and performance of the Lease sets forth Landlord Work will require access, work and construction within the Premises after delivery of possession to Tenant, and that Landlord and Landlord’s representatives and contractors shall have the right to enter the Premises at all times to perform such work until the Landlord Work is completed, and that such entry and work shall not constitute an eviction of Tenant in whole or in part and shall in no way excuse Tenant from performance of its obligations under the Lease. Tenant and Landlord acknowledge and agree that the Landlord Work and necessary coordination and cooperation to accomplish it will cause certain unavoidable level of disturbance, inconvenience, annoyance to Tenant’s use and enjoyment of the Premises, and that in performing such Landlord Work Landlord shall use commercially reasonable efforts not to unreasonably and materially disturb Tenant’s construction, installations and business operations, if any. Tenant shall cooperate and coordinate with Landlord and Landlord’s contractor(s) to allow the Landlord Work to proceed expeditiously. The costs of such cooperation and coordination shall be at Tenant’s sole remedy cost and expense. 2.3. The Landlord Work shall be constructed in accordance with respect to any failure by Landlord to cause all applicable laws, in a good and workmanlike manner and using new materials and equipment of good quality. Contemporaneously with or within ten (10) days after Substantial Completion of the Landlord Work, Tenant shall have the right to submit a written “punch list” to Landlord, setting forth any defective item of the Landlord Work. Landlord shall complete with reasonable diligence “punch list” items mutually agreed upon by Landlord and Tenant with respect to the Landlord Work. In addition, Landlord shall repair all latent defects in workmanship and materials of the Landlord Work, provided that Tenant gives Landlord written notice of any such latent defects within three (3) months after the date of Substantial Completion. For purposes of this Section, the term “latent defects” shall mean defects which were not reasonably discoverable at the time the “punchlist” was formulated. All construction and installation of the Landlord Work by September 1, 2006shall immediately become and remain the property of Landlord.

Landlord Work. X. Xxxxxxxx shall perform only the following improvements in Suite No. 155 (the “Landlord agrees Work”): relocate the existing ductwork in Suite No. 155 to act another location in Suite No. 155 as construction manager reasonably determined by Landlord after reviewing Tenant’s plans for the Initial Alterations. It is agreed that construction of certain tenant improvements and the Landlord agrees to deliver the Demised Premises and provide a 1 year warranty on all Landlord work to the Tenant and construct the tenant improvements Work will be completed at its Landlord’s sole cost ("Landlord Work") in a good and workmanlike mannerexpense using Building standard methods, using building standard materials, and in reasonable accordance with the ( “Space Plan”) prepared by Xxxxxx Designs, dated_______________ and the plans and specifications” approved by Landlord and Tenant dated ___________, 2006, the ("Approved Plans and Specifications") and attached hereto as Schedule “1”. Landlord is a licensed General Contractor and will be performing the work as defined hereinfinishes. Landlord shall select the subcontractors to complete enter into a direct contract for the Landlord Work per the Approved Plans and Specifications, and reserves the right to perform certain aspects (Electrical and Mechanical work) of this project under with a “Design Build” formatgeneral contractor selected by Landlord. Except as set forth hereinIn addition, Landlord shall have no further obligations thereafter the right to select and/or approve of any subcontractors used in connection with respect the Landlord Work. Landlord’s supervision or performance of any work for or on behalf of Tenant shall not be deemed a representation by Landlord that such work complies with applicable insurance requirements, building codes, ordinances, laws or regulations, or that the improvements constructed will be adequate for Tenant’s use, it being agreed that Tenant shall be responsible for all elements of the design of Suite No. 155 (including, without limitation, compliance with law relating to repair or replacement design, functionality of items design, the configuration of the premises and the placement of Tenant’s furniture, appliances and equipment [including responsibility for all load-bearing issues related to such configuration and placement]). X. Xxxxxx acknowledges that the Landlord Work may be performed by Landlord in the Demised PremisesPremises during Normal Business Hours subsequent to the delivery of possession of the Premises to Tenant. Upon Substantial Completion Landlord and Xxxxxx agree to cooperate with each other in order to enable the Landlord Work to be performed in a timely manner and with as little inconvenience to the operation of the construction of the Initial Alterations as is reasonably possible. Landlord and Tenant shall cooperate with each other and cause their contractors to work in harmony during the period that Landlord is performing the Landlord Work and Tenant is performing the Punch List Items (as such terms are defined below), Landlord shall have no further obligation with regard to tenant improvements within the Demised PremisesInitial Alterations. Notwithstanding anything contained herein to the contrary, all (i) any inconvenience suffered by Tenant moving expenses and (ii) costs for installation of Tenant’s equipment and furnishings shall be during the sole responsibility of Tenant. Landlord shall cause Substantial Completion performance of the Landlord Work shall not subject Landlord to occur prior any liability for any loss or damage resulting therefrom or entitle Tenant to September 1any credit, 2006 abatement or adjustment of Rent or other than Punch List items which sums payable under the Lease. C. This Exhibit shall not be corrected within sixty (60) days thereafter. Notwithstanding deemed applicable to any additional space added to the foregoingPremises at any time or from time to time, Section 3.3 whether by any options under the Lease or otherwise, or to any portion of the Lease sets forth Tenant’s sole remedy with respect original Premises or any additions to any failure by Landlord to cause Substantial Completion the Premises in the event of a renewal or extension of the Landlord Work original Term of the Lease, whether by September 1any options under the Lease or otherwise, 2006unless expressly so provided in the Lease or any amendment or supplement to the Lease.

Landlord Work. Landlord agrees to act as construction manager for construction of certain tenant improvements and Landlord agrees to deliver the Demised Premises and provide a 1 year warranty on all Landlord work to the Tenant and construct the tenant improvements Landlord, at its sole cost and expense, shall complete any work ("the “Landlord Work"”) in a good and workmanlike mannernecessary to ensure that the core lavatories on the 28th, using building standard materials29th, and 30th floors of the Building and the path of travel to and from the lavatories, the elevator, lobbies and stairwells in reasonable accordance the Premises are in compliance with the ( “Space Plan”) prepared by Xxxxxx DesignsRequirements; provided, dated_______________ and the plans and specifications” approved by Landlord and Tenant dated ___________however, 2006, the ("Approved Plans and Specifications") and attached hereto as Schedule “1”. Landlord is a licensed General Contractor and will be performing the work as defined herein. Landlord shall select the subcontractors not be obligated to complete any such work to the extent the application of such Requirements arises from the installation of Specialty Alterations. Tenant hereby acknowledges that Tenant shall be constructing the Initial Installations during the performance of the Landlord Work per Work. Tenant further acknowledges that, notwithstanding Tenant’s construction of the Approved Plans and SpecificationsInitial Installations during the performance of the Landlord Work, and reserves Tenant shall provide a clear working area for the right to perform certain aspects (Electrical and Mechanical work) performance of this project under a “Design Build” formatthe Landlord Work. Except as set forth hereinIn connection therewith, Tenant shall cooperate with all reasonable Landlord requests in connection with the performance of the Landlord Work. Landlord shall have no further obligations thereafter responsibility or for any reason be liable to Tenant for any direct or indirect injury to or interference with respect Tenant’s installations or construction of the Initial Installations arising from the performance of the Landlord Work, nor shall Tenant be entitled to repair any compensation or replacement of items in damages from Landlord resulting from the Demised Premises. Upon Substantial Completion performance of the Landlord Work and or Landlord’s actions in connection with the Punch List Items (as such terms are defined below), Landlord shall have no further obligation with regard to tenant improvements within the Demised Premises. Notwithstanding anything contained herein to the contrary, all (i) Tenant moving expenses and (ii) costs for installation of Tenant’s equipment and furnishings shall be the sole responsibility of Tenant. Landlord shall cause Substantial Completion performance of the Landlord Work to occur prior to September 1Work, 2006 other than Punch List items which shall be corrected within sixty (60) days thereafter. Notwithstanding the foregoing, Section 3.3 of the Lease sets forth Tenantor for any Inconvenience or annoyance occasioned by Landlord’s sole remedy with respect to any failure by Landlord to cause Substantial Completion performance of the Landlord Work by September 1, 2006Work.

Landlord Work. 1.1. Notwithstanding any of the foregoing to the contrary, subject to delays caused by Force Majeure or Tenant Delay (defined below), Landlord, at Landlord’s sole cost and expense, shall perform the work set forth on Exhibit A-1 hereto (“Landlord agrees Work”), and within a reasonable time after delivery of possession shall Substantially Complete (defined below) the Landlord Work and leave the affected area in broom-clean condition with respect to act as construction manager for Landlord Work (but Landlord shall not be obligated to do any clean-up or refuse removal related to construction of certain tenant improvements Tenant Alterations). 1.2. Tenant acknowledges and agrees that Landlord and Landlord's representatives and contractors shall have the right to enter the Premises at all times to perform such work until the Landlord Work is completed, and that such entry and work shall not constitute an eviction of Tenant in whole or in part and shall in no way excuse Tenant from performance of its obligations under the Lease. Tenant and Landlord agrees acknowledge and agree that the Landlord Work and necessary coordination and cooperation to deliver accomplish it will cause certain unavoidable level of disturbance, inconvenience, annoyance to Tenant’s use and enjoyment of the Demised Premises Premises, and provide a 1 year warranty on all that in performing such Landlord work Work Landlord shall use commercially reasonable efforts not to unreasonably and materially interfere with Tenant’s construction, installations and business operations. Tenant shall cooperate with Landlord and Landlord's contractors(s) to allow the Tenant Landlord Work and construct the tenant improvements shall move Tenant's trade fixtures, furnishings and equipment as reasonably requested by Landlord or Landlord's contractor(s). The costs of such cooperation and moving, and any related disconnections and installations of Tenant's trade fixtures, equipment, phones, furnishings and other personal property, shall be at its Tenant's sole cost ("and expense. To the extent that Tenant, its contractors or subcontractors delay the Substantial Completion of the Landlord Work") , such delay shall be a Tenant Delay and the Landlord Work shall be deemed Substantially Complete on the date such Landlord Work would have been completed but for the delay caused by Tenant, its contractors or subcontractors. 1.3. The Landlord Work shall be constructed in accordance with all applicable Laws, in a good and workmanlike mannermanner and using new materials and equipment of good quality. For purposes of this Workletter, using building standard materials, “Substantially Complete” and in reasonable accordance with the ( “Space Plan”) prepared by Xxxxxx Designs, dated_______________ and the plans and specificationsSubstantial Completion” approved by Landlord and Tenant dated ___________, 2006, the ("Approved Plans and Specifications") and attached hereto as Schedule “1”. Landlord is a licensed General Contractor and will be performing the work as defined herein. Landlord shall select the subcontractors to complete of the Landlord Work per shall mean the Approved Plans completion of the Landlord Work, except for minor insubstantial details of construction, decoration or mechanical adjustments which remain to be done and Specifications, which shall not unreasonably and reserves the right to perform certain aspects (Electrical and Mechanical work) of this project under a “Design Build” format. Except as set forth herein, Landlord shall have no further obligations thereafter materially interfere with respect to repair or replacement of items Tenant’s regular business operations in the Demised Premises. Upon Substantial Completion shall be deemed to have occurred notwithstanding a requirement to complete "punchlist" or similar minor corrective work. Contemporaneously with or promptly after Substantial Completion of the Landlord Work and the Punch List Items (as such terms are defined below)Work, Landlord Tenant shall have no further obligation with regard the right to tenant improvements within the Demised Premises. Notwithstanding anything contained herein submit a written “punch list” to the contraryLandlord, all (i) Tenant moving expenses and (ii) costs for installation setting forth any incomplete or defective item of Tenant’s equipment and furnishings shall be the sole responsibility of Tenantconstruction. Landlord shall cause Substantial Completion of complete with reasonable diligence "punch list" items mutually agreed upon by Landlord and Tenant with respect to the Landlord Work. All construction and installation resulting from the Landlord Work to occur prior to September 1, 2006 other than Punch List items which shall be corrected within sixty (60) days thereafterimmediately become and remain the property of Landlord. Notwithstanding the foregoing, Section 3.3 of the Lease sets forth Tenant’s sole remedy with respect to any failure by Landlord to cause Substantial Completion of the Landlord Work by September 1, 2006.{2041-01595/00866830;} A-1