Common use of Landlord’s Approval; Tenant’s Obligations Clause in Contracts

Landlord’s Approval; Tenant’s Obligations. The Tenant’s Work shall be deemed Alterations and shall be subject to the terms of Section 5 of the Original of the Lease, except that Landlord shall not require a surety company performance bond or funded construction escrow. In addition to obtaining Landlord’s consent as and when required pursuant to Section 5 of the Original Lease, Tenant shall obtain Landlord’s prior written consent for any of the Tenant’s Work for which Tenant will seek reimbursement from the Allowance. In all cases, Tenant shall deliver plans and specifications for Tenant’s Work, and any other documentation reasonably requested by Landlord, to Landlord for approval prior to commencing any of Tenant’s Work. Tenant’s Work shall be constructed in a good and workmanlike manner and in compliance with all laws, ordinances and regulations, and Tenant shall perform, at its expense, any alteration or modification required by laws, ordinances and regulations as a result of Tenant’s Work. Landlord may monitor the construction of Tenant’s Work, subject to the obligation to provide prior notice to Tenant of any entry onto the Remaining Premises and the Suite 4200 Expansion Premises (except in the case of emergency, in which case no prior notice is required). In the event the scope of work requested by Tenant is such that Landlord elects to engage a third-party architect, engineer, or other similar consultant or professional to review such proposed work, Tenant shall reimburse Landlord for its actual, reasonable out-of-pocket costs in reviewing plans and specifications and in monitoring the construction for compliance with such approved plans and specifications. Landlord’s right to approve Tenant’s Work and to monitor construction shall be solely for its own benefit, and Landlord shall have no duty to see that Tenant’s Work complies with laws, ordinances and regulations. In addition, if Landlord manages Tenant’s construction Landlord may collect a construction management fee in the amount of five percent 5% of the cost of the Tenant’s Work as described herein and any additional work requested by Tenant and agreed to by Landlord, and such fee shall be paid, in part or in whole, from the Allowance with any amount not covered by the Allowance to be paid by Tenant directly to Landlord (or, at Landlord’s election, to Landlord’s property manager).

Landlord’s Approval; Tenant’s Obligations. The Tenant’s Work shall be deemed Alterations and shall be subject to the terms of Section 5 of the Original 6 of the Lease, except that Landlord shall not require a surety company performance bond or funded construction escrow. In addition to obtaining Landlord’s consent as and when required pursuant to Section 5 6 of the Original Lease, Tenant shall obtain Landlord’s prior written consent for any of the Tenant’s Work for which Tenant will seek reimbursement from the Allowance. In all cases, Tenant shall deliver plans and specifications for the Tenant’s Work, and any other documentation reasonably requested by Landlord, to Landlord for approval prior to commencing any of the Tenant’s Work. All of the Tenant’s Work shall be constructed and undertaken in a good and workmanlike manner and in compliance with all applicable laws, ordinances and regulations, and Tenant shall perform, at its expense, any alteration or modification required by laws, ordinances and regulations any applicable laws as a result of the Tenant’s Work. Landlord may monitor the construction of the Tenant’s Work, subject to the obligation to provide prior notice to Tenant of any entry onto the Remaining Premises and the Suite 4200 Expansion Premises (except in the case of emergency, in which case no prior notice is required). In the event the scope of work requested by Tenant is such that Landlord elects to engage a third-party architect, engineer, or other similar consultant or professional to review such proposed work, Tenant shall reimburse Landlord for its actual, reasonable out-of-pocket costs in reviewing plans and specifications and in monitoring the construction for compliance with such approved plans and specifications. Landlord’s right to approve the Tenant’s Work and to monitor construction shall be solely for its own benefit, and Landlord shall have no duty to see that the Tenant’s Work complies with any applicable laws, ordinances and regulations. In addition, if Landlord manages Tenant’s construction Landlord may collect a construction management fee in an amount which shall be calculated based upon the amount of five percent 5% of the cost scope of the Tenant’s Work as described herein and any additional work requested by Tenant and agreed to by Landlord, taking into account costs generally payable for similar services within the market area in which the Building is located, and such fee shall be paid, in part or in whole, from the Allowance with any amount not covered by the Allowance to be paid by Tenant directly to Landlord (or, at Landlord’s election, to Landlord’s property manager). Landlord shall provide Tenant with a good faith estimated cost of the expected construction management fee; provided, however, Tenant hereby agrees and acknowledges that the estimated cost of such fee is an estimate only and Landlord makes no guaranty or warranty that such estimate will be accurate.

Landlord’s Approval; Tenant’s Obligations. The Tenant’s Work Tenant Improvements shall be deemed Alterations and shall be subject to the terms of Section 5 13 of the Original Lease (and any other applicable provisions of the Lease); provided however, that except for the Restoration Work (as hereinafter defined), Tenant shall not be required to remove Tenant Improvements that are disclosed either (i) on Schedule B-1, and/or (ii) in writing to Landlord prior to the Effective Date. Notwithstanding anything in the Lease to the contrary, on or prior to the expiration or earlier termination of the Lease, except that Landlord Tenant shall not require perform the repair and restoration work described on Schedule B-2 attached hereto and made a surety company performance bond or funded construction escrowpart hereof (collectively, the “Restoration Work”). In addition to obtaining Landlord’s consent as and when required pursuant to Section 5 13 of the Original Lease, Tenant shall obtain Landlord’s prior written consent for any of the Tenant’s Work Tenant Improvements for which Tenant will seek reimbursement from the Allowance. In all cases, Tenant shall deliver plans and specifications for Tenant’s WorkTenant Improvements, and any other documentation reasonably requested by Landlord, to Landlord for approval prior to commencing any of Tenant’s WorkTenant Improvements. Tenant’s Work Tenant Improvements shall be constructed in a good and workmanlike manner and in compliance with all laws, ordinances and regulationsApplicable Laws, and Tenant shall perform, at its expense, any alteration or modification required by laws, ordinances and regulations Applicable Laws as a result of Tenant’s WorkTenant Improvements. Landlord may monitor the construction of Tenant’s WorkTenant Improvements, subject to the obligation to provide prior notice to Tenant of any entry onto the Remaining Premises and the Suite 4200 Expansion Premises (except in the case of emergency, in which case no prior notice is required). In Landlord shall not be entitled to and shall not include any construction management fees, administrative fees, supervision fees or any internal review fees in connection with the Tenant Improvements; provided however, that in the event the scope of work requested by Tenant is such that Landlord elects to engage a third-party architect, engineer, or other similar consultant or professional to review such proposed work, Tenant shall reimburse Landlord for its actual, reasonable out-of-pocket costs in reviewing plans and specifications and in monitoring an amount not to exceed $5,000 in the construction for compliance with such approved plans and specificationsaggregate. Landlord’s right to approve Tenant’s Work Tenant Improvements and to monitor construction shall be solely for its own benefit, and Landlord shall have no duty to see that Tenant’s Work Tenant Improvements complies with lawsApplicable Laws. Landlord agrees that Tenant may select an architect, ordinances project manager and regulations. In additiongeneral contractor of its choice, if Landlord manages Tenant’s construction Landlord may collect a construction management fee in the amount of five percent 5% of the cost of the Tenant’s Work as described herein and any additional work requested by Tenant and agreed to by Landlord, and such fee shall be paid, in part or in whole, from the Allowance with any amount not covered by the Allowance to be paid by Tenant directly to Landlord (or, at Landlord’s election, subject to Landlord’s property manager)reasonable approval. Landlord hereby agrees that PlanForce is an approved architect, Xxxxxxx and Xxxxxxx are each an approved contractor, Xxxxx Mechanical is an approved mechanical contractor, and Xxxxxx is an approved cleanroom manufacturer and installer.

Landlord’s Approval; Tenant’s Obligations. The Tenant’s Work shall be deemed Alterations and shall be subject to the terms of Section 5 Article 8 of the Original of the Lease, except that Landlord shall not require a surety company performance bond or funded construction escrow. In addition to obtaining Landlord’s consent as and when required pursuant to Section 5 Article 8 of the Original Lease, Tenant shall obtain Landlord’s prior written consent for any of the Tenant’s Work for which Tenant will seek reimbursement from the Allowance. In all cases, Tenant shall deliver plans and specifications for the Tenant’s Work, and any other documentation reasonably requested by Landlord, to Landlord for approval prior to commencing any of the Tenant’s Work. All of the Tenant’s Work shall be constructed and undertaken in a good and workmanlike manner and in compliance with all applicable laws, ordinances and regulationsstatutes, ordinances, or other governmental rules, regulations or requirements, and Tenant shall perform, at its expense, any alteration or modification required by laws, ordinances and regulations any applicable laws as a result of the Tenant’s Work. Landlord may monitor the construction of the Tenant’s Work, subject to the obligation to provide prior notice to Tenant of any entry onto the Remaining Premises and the Suite 4200 Expansion Premises (except in the case of emergency, in which case no prior notice is required). In the event the scope of work requested by Tenant is such that Landlord elects to engage a third-party architect, engineer, or other similar consultant or professional to review such proposed work, Tenant shall reimburse Landlord for its actual, reasonable out-of-pocket costs in reviewing plans and specifications and in monitoring the construction for compliance with such approved plans and specifications. Landlord’s right to approve the Tenant’s Work and to monitor construction shall be solely for its own benefit, and Landlord shall have no duty to see that the Tenant’s Work complies with lawsany applicable law, ordinances and regulationsstatute, ordinance, or other governmental rule, regulation or requirement. In addition, if Landlord manages Tenant’s construction Landlord may collect a construction management fee in an amount which shall be calculated based upon the amount of five percent 5% of the cost scope of the Tenant’s Work as described herein and any additional work requested by Tenant and agreed to by Landlord, taking into account costs generally payable for similar services within the market area in which the Building is located, and such fee shall be paid, in part or in whole, from the Allowance with any amount not covered by the Allowance to be paid by Tenant directly to Landlord (or, at Landlord’s election, to Landlord’s property manager). Landlord shall provide Tenant with a good faith estimated cost of the expected construction management fee; provided, however, Tenant hereby agrees and acknowledges that the estimated cost of such fee is an estimate only and Landlord makes no guaranty or warranty that such estimate will be accurate.