Landlord’s Base Building Work. Subject to applicable Laws, Landlord, at Landlord’s expense, shall perform or cause to be performed the work described on Exhibit J annexed hereto and made a part hereof (“Landlord’s Base Building Work”). Landlord undertakes to promptly apply for and diligently seek to obtain all governmental approvals, including, without limitation, approvals of the Landmarks Preservation Commission, required for the performance of the Landlord’s Base Building Work and, after obtaining such approvals, to promptly commence and diligently prosecute Landlord’s Base Building Work to completion. Landlord shall exercise such diligent efforts to complete the respective aspects of Landlord’s Base Building Work by the respective dates set forth on Exhibit J, subject to Force Majeure, but the failure to complete any aspect of Landlord’s Base Building Work by the applicable date set forth on Exhibit J shall not give Tenant a right to any abatement, credit, deduction or offset against the Rent payable pursuant to this Lease, or to the imposition of any penalties against Landlord, and Tenant’s sole remedy for Landlord’s failure to complete any aspect of Landlord’s Base Building Work shall be to bring an action against Landlord for specific performance of such work. With respect to the Landlord’s Base Building Work to the facade of the Building as described on Exhibit J, (a) Landlord shall, to the extent practicable and permitted by applicable Law, give priority to the facade adjacent to those floors of the Building comprising the Premises, (b) with respect to any windows removed from a particular office in the Premises, Landlord shall replace such windows within forty-eight (48) hours after removal, subject to Force Majeure and (c) Landlord shall perform the facade work in a limited number of offices within the Premises at any one time. With respect to the Landlord’s Base Building Work to renovate the interior of the elevator cabs serving the Premises as described on Exhibit J, Landlord agrees that not more that one elevator at a time shall be taken out of service for the purpose of performing such work. All Landlord’s Base Building Work shall be of a design, and comprised of materials, determined by Landlord in its sole and absolute discretion.
Landlord’s Base Building Work. Landlord has previously constructed the base, shell and core (i) of the Premises and (ii) of the floor(s) of the Building on which the Premises are located (the “Base Building Work”), at Landlord’s expense (and no such cost and expense shall be charged to Tenant or the Improvement Allowance (hereinafter defined)). Except for Landlord’s Work, the Improvement Allowance and the Preliminary Planning Costs (hereinafter defined) set forth below and as otherwise set forth in the Lease and this Work Letter and subject to any obligations of Landlord of a continuing nature under the express terms of the Lease (including, without limitation, any on-going maintenance or legal compliance obligations), Landlord shall not be obligated to make or pay for any alterations or improvements to the Premises, the Building or the Property.
Landlord’s Base Building Work. Landlord shall, at Landlord’s cost and expense, perform the following work (“Landlord’s Base Building Work”) in the Premises: (i) put the Premises in Shell Condition, as defined in Exhibit 7 hereof, and (ii) install a separate meter to measure the consumption of electricity for lights and plugs in the Premises (but specifically excluding electricity for Base Building HVAC). Landlord shall perform Landlord’s Base Building Work on or before the Commencement Date, provided however, that Xxxxxxxx’s failure to complete Landlord’s Base Building Work on or before the Commencement Date shall not give rise to any claims for abatement of rent or damages on account of the delay in completion of Landlord’s Base Building Work.
Landlord’s Base Building Work. 1.2.1 Notwithstanding anything to the contrary herein or in the Lease, in addition to the Base, Shell and Core, (i) Landlord shall use a contractor retained by Landlord pursuant to a guaranteed maximum price agreement, perform the work to install a loading dock to service the Premises (the “New Loading Dock”), and (ii) Landlord shall use a contractor retained by Landlord pursuant to a guaranteed maximum price agreement, additionally perform all or any portion of any exterior work to be performed outside of the Premises which relates to the New Loading Dock and which is expressly shown in the Approved Working Drawings (the “Exterior Work,” and together with the New Loading Dock, the “Base Building Improvements”) in substantial accordance with the Approved Working Drawings. Landlord may perform the Base Building Improvements after the actual Delivery Date and concurrently with Tenant performing the Improvements, subject to and in accordance with the Construction Schedule (defined in Section 1.8 below and otherwise subject to extension as a result of Tenant Delays and Uncontrollable Delays as provided herein), and Landlord shall use commercially reasonable efforts to cause the Base Building Improvements to be substantially completed by November 1, 2021 (the “Estimated Base Building Work Completion Date”). If the Base Building Improvements are not substantially complete by the Estimated Base Building Work Completion Date, as such date may be extended by any Tenant Delay (as defined in Section 1.9 below) or by any Uncontrollable Delay (as defined in Section 5.6 below), then as Tenant’s sole remedy for such failure, the Pod 5 Portion Commencement Date shall be delayed on a day-for-day basis until the Base Building Improvements are substantially complete.
1.2.2 Notwithstanding anything to the contrary herein or in the Lease, Landlord’s actual costs and other Improvement Allowance Items related to the construction of the Base Building Improvements up to the amount of the Base Building Allowance shall be deducted from the Base Building Allowance on a monthly progress basis in order to reimburse Landlord up to the amount of the Base Building Allowance in accordance with the procedure set forth in Section 1.2.2.1
Landlord’s Base Building Work. Landlord shall, at it's sole cost and expense, furnish and install the following based on an open plan and ordinary hazard occupancy:
1) HVAC with main trunk and associated branch ductwork.
2) Fire sprinkler mains, branches, drops and heads on a standard grid at 9' finished ceiling height.
Landlord’s Base Building Work. Subject to the provisions of Section 8.05 of the Lease, Landlord shall exercise diligent efforts to commence the Landlord’s Base Building Work to renovate the interior of the lobby of the Building and the interior of the elevator cabs serving the Premises and the Landlord’s Base Building Work to the facade of the Building, all as described on Exhibit J attached to the Lease, by April 1, 2000, and diligently prosecute the same to completion, subject to Force Majeure, but the failure of Landlord to commence or complete any aspect of Landlord’s Base Building Work by the applicable date set forth herein or on Exhibit J attached to the Lease shall not give Tenant a right to any abatement, credit, deduction or offset against the Rent payable pursuant to the Lease or this Third Lease Amendment, or to the imposition of any penalties against Landlord, and Tenant’s sole remedy for Landlord’s failure to commence or complete any aspect of Landlord’s Base Building Work shall be to bring an action against Landlord for specific performance of such work.
Landlord’s Base Building Work. The base building improvement work described on Schedule A attached hereto. Outside Work Completion Date: August 31, 2007.
Landlord’s Base Building Work. Landlord shall not be required to construct, as part of Landlord's Base Building Work or otherwise, either the additional exit stair or the additional emergency egress route identified in item (d) of Exhibit B-1. Without limiting the foregoing, Exhibit B-1 is hereby revised by the deletion of item (d).
Landlord’s Base Building Work. Landlord shall, at Landlord’s expense, complete the following base building improvements (“Landlord’s Base Building Work”):
(1) Repaving, resealing and striping of the parking areas;
(2) Improved common lighting;
(3) New landscaping and building sign structure;
(4) Improved utility metering (including a separate meter or checkmeter for gas and electric);
(5) Repainting of the Building;
(6) Repair or replacement of the roof;
(7) Installation of an addressable fire alarm system;
(8) Common area code compliance work;
(9) New building façade consistent with elevation.
(10) Underground sprinklers along the front of the Building;
(11) New concrete pavers at entryway walks;
(12) Sheetrock and insulated walls on the interior of the demising walls within the Building. Landlord shall, in Landlord’s commercially reasonable judgment, elect whether repair or replacement of a component of the Building shall be performed. Landlord shall perform Landlord’s Base Building Work in a good and workmanlike manner pursuant to plans and specifications approved by Landlord. Tenant shall have the right to review and approve (such approval not unreasonably withheld) the repaving and resealing of the parking areas. In addition, Tenant shall have the right to install (at Tenant’s cost and expense) its sign in the dominant position on the new building sign structure, which shall include, at Tenant’s option, reference to the Building as the “Binax Building.”
Landlord’s Base Building Work. At its sole cost and expense, Landlord will perform the base building work described in Exhibit D, attached hereto and made a part hereof.
