LANDLORD’S AND TENANT’S WORK. (a) Prior to delivery of possession of the Premises to Tenant, Landlord shall construct, at its expense, the improvements to the Premises described on Exhibit "C" attached hereto and made a part hereof consistent with plans and specifications approved by Tenant as set forth in Section 2(e) below (the "Landlord's Work"). Landlord agrees to deliver the Premises to Tenant with Landlord's Work substantially completed (as defined in Section 2(c)) between July 15, 2006 and September 15, 2006 (the "Delivery Period"). Landlord shall give Tenant notice (the "Estimated Delivery Notice") no later than April 1, 2006 of the status of Landlord's construction and the estimated date that Landlord shall deliver the Premises to Tenant with Landlord's Work substantially completed (the "Estimated Delivery Date"). Landlord may revise the Estimated Delivery Date any time prior to May 1, 2006 (the "Final Delivery Notice Date"), by which time Landlord shall have given Tenant a final notice (the "Final Delivery Notice") of a firm delivery date (the "Final Delivery Date") upon which the Landlord's Work shall be substantially completed and the Leased Premises delivered to Tenant. Upon the sending of the Final Delivery Notice, Landlord shall have no further right to modify the Final Delivery Date. Neither the Estimated Delivery Date nor the Final Delivery Date shall be (y) earlier than (i) thirty (30) days after the date Tenant receives the Estimated Delivery Notice or the Final Delivery Notice, as applicable, or (ii) the first day of the Delivery Period or (z) later than the last day of the Delivery Period. If Landlord does not provide a Final Delivery Notice on or before the earlier of the Final Delivery Notice Date and thirty (30) days prior to the Estimated Delivery Date or if the date provided for in such Final Delivery Notice does not comply with the requirements of this Section 2, the Estimated Delivery Date shall be deemed to be the Final Delivery Date, provided such date complies with the requirements of this Section 2. If Landlord does not provide an Estimated Delivery Date on or before the Final Delivery Notice Date or if such date does not comply with the requirements of this Section 2, then the Final Delivery Date shall be deemed to be the last day of the Delivery Period.
(b) In the event that the Premises and Landlord's Work are not substantially completed and delivered to Tenant on or before the Final Delivery Date, the Base Rent due hereunder shall be adjusted so that...
LANDLORD’S AND TENANT’S WORK. 1.1 Landlord agrees to deliver the Premises to Tenant in “turn-key” condition by performing the work and furnishing the labor and materials described in, or required by the plans and specifications prepared by Xxxxxxx X. Xxxxxxxx Architects and approved by Tenant within three (3) Business Days following Landlord’s request for approval, which approval shall not be unreasonably withheld or delayed, and which are or will hereafter be identified in Appendix 1 hereto (“Tenant’s Plans and Specifications”) (such work is hereinafter referred to as “Landlord’s Work”). Landlord may substitute any materials or equipment for those required under Tenant’s Plans and Specifications if those required prove to be unavailable or commercially impracticable to obtain, provided the substituted materials or equipment are comparable or better in quality and performance, and provided further that with respect to any such substitution affecting finishes (e.g., color, design or aesthetics), Landlord shall first obtain the approval of Tenant thereto, which approval shall not be unreasonably withheld or delayed. Tenant shall respond to Landlord’s request for approval within three (3) Business Days following receipt of Landlord’s request for approval.
1.2 Landlord covenants that all the construction conducted by Landlord (including all Landlord’s Work and Extra Work) shall be done in a good and workmanlike manner using new materials in accordance with all applicable Legal Requirements. Landlord shall correct Landlord’s Work and all Extra Work (as hereinafter defined) in which defects of materials, workmanship or design may appear during a one (1) year period subsequent to the Commencement Date, exclusive of latent defects in such work. Additionally, before the Commencement Date, the parties shall inspect the Premises, have all systems demonstrated, and prepare a punch-list. The punch-list shall list incomplete, minor, or insubstantial details of construction; necessary mechanical adjustments; and needed finishing touches. Landlord will complete the punch-list items as soon as possible thereafter, but in no event later than ninety (90) days after substantial completion of Landlord’s Work, subject to force majeure. All warranties and guaranties pertaining to any item of Landlord’s Work or Extra Work (as hereinafter defined) received by Landlord shall be assigned, if permitted or otherwise made available, to Tenant during the Term to the extent such warranties and guaranties cover items ...
LANDLORD’S AND TENANT’S WORK. The parties acknowledge that Landlord ---------------------------- is in discussion with the city of St. Xxxxxxx regarding modifications to the northerly facade of the building in order to permit the construction of a new main entrance to the Leased Premises and windows on the northerly facade. On the condition that Landlord obtains City approval, Landlord agrees to construct said new main entrance and windows in accordance with the standards for Landlord's Work set forth above, and the cost thereof shall be shared by the parties with the Tenant paying two-thirds of the cost and Landlord paying one- third of the cost. The parties agree that Tenant's share of the cost shall not exceed $75,000.00. Payment for the proportionate share of the costs shall be due immediately upon completion of the work. Landlord shall furnish Tenant with a separate xxxx and breakdown for expenses for this work.
LANDLORD’S AND TENANT’S WORK. The Landlord agrees to complete the work described as the "Landlord's Work" in Schedule " “ attached hereto. The Tenant agrees to complete any additional work necessary to prepare the Premises for the Tenant's use, described as "Tenant's Work" in Schedule " " attached hereto. The Tenant shall not proceed with any work within or affecting the Premises without the Landlord's prior written approval, which approval shall not be unreasonably withheld.
LANDLORD’S AND TENANT’S WORK. The Landlord agrees to complete the work described as the “Landlord’s Work” in Schedule “. ”
LANDLORD’S AND TENANT’S WORK. Landlord and Tenant shall, at their own respective expense, perform the additional work described in Exhibit C, "Tenant Improvements", attached hereto and incorporated herein by reference. It is expressly understood and agreed that Landlord's obligation with respect to the construction and finishing of the Demised Premises shall be limited to the scope of work described as Landlord's Work in Exhibit C and shall in no event include any work not described in Exhibit C. All Landlord's Work and Tenant's Work shall constitute improvements to the Demised Premises which shall become sole property of Landlord and shall remain at the Demised Premises upon expiration of this Lease Agreement or termination of Tenant's right to possession of the Demised Premises unless Landlord notifies Tenant otherwise in writing. Landlord and Tenant shall complete their work on or before the Commencement Date, subject to extension for all work delays resulting from causes beyond their reasonable control. Possession of the Demised Premises shall be delivered to Tenant on or before the Commencement Date, subject to extension for all delays resulting from causes beyond the reasonable control of Landlord. All work by Tenant or Landlord shall be performed in a lawful and workmanlike manner in accordance with all ordinances, building codes or other governing law and in accordance with plans and specifications prepared by Landlord, agreed to by Landlord and Tenant, and accepted and verified by Tenant's initialing of drawings. Tenant shall take no action which may result in a claim of lien against the Tract, Building or Demised Premises and Tenant shall liquidate and discharge the same as provided in Section 13.
LANDLORD’S AND TENANT’S WORK. The Landlord and Tenant agree to perform and pay for their respective work on the building and the Leased Premises as outlined in Schedules "D" and "E" to be provided.
LANDLORD’S AND TENANT’S WORK. Article 5 5.1 - RENT - Minimum Rent 5.2 - Minimum Rent Commencement 5.3 - Additional Rent 5.4 - Minimum Rent During Option Periods
LANDLORD’S AND TENANT’S WORK. Tenant, at its sole cost and expense, shall perform and construct, in a good and workmanlike manner and in accordance with all applicable laws and regulations, those items designated as “Tenant’s Work”, in full compliance with the attached Exhibit “C-1”. If by reason of any alteration, repair, labor performed or materials furnished to the Demised Premises for or on behalf of Tenant any mechanic’s or other lien shall be filed, claimed, perfected or otherwise established as provided by law against the Demised Premises, Tenant shall discharge or remove the lien by bonding or otherwise, within ten (10) days after notice from Landlord to Tenant of the filing of same. In the event Tenant fails to so discharge or remove such lien as provided for herein and within such time, Landlord may, but shall not be obligated to cause such lien to be removed or bonded over and Tenant agrees to pay to Landlord the costs Landlord incurs as a result, as Additional Rent hereunder. Landlord represents that any work required of it (if any) shall be performed in a good workmanlike manner and shall include those items designated as “Landlord’s Work” attached hereto and marked as Exhibit “B”.
LANDLORD’S AND TENANT’S WORK. Section 3.1 Landlord's Work
