Common use of Landlord’s Base Building Work Clause in Contracts

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. Subject to applicable Laws, A. Landlord, at Landlord’s expensecost, 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 ) described in Exhibit B. All such work shall be performed in a good and workmanlike manner, in a manner similar to promptly apply and consistent with the Building standard improvements for the Property, and diligently seek to obtain shall, at the time of Substantial Completion of such work, be in accordance with all governmental approvalsLegal Requirements, including, without limitation, the Americans with Disabilities Act, and Insurance Requirements. Landlord shall be responsible, at Landlord’s sole cost and expense, for obtaining any and all permits and approvals of the Landmarks Preservation Commission, required for the performance of Landlord’s Base Building Work. B. Tenant acknowledges that Landlord’s Base Building Work will be performed during Tenant’s occupancy of the Premises. Such work shall be commenced promptly by Landlord: (i) upon Landlord’s entering into a lease or other agreement providing for the occupancy of any portion of the Surrendered Tenanted Premises to any party other than Tenant or an Existing Subtenant, or (ii) at Landlord’s election, prior to such time, and thereafter completed with all reasonable speed and diligence. Landlord shall give Tenant at least 90 days advance notice of its commencement of the Landlord’s Base Building Work and, after obtaining such approvals, Work. Landlord shall use commercially reasonable efforts to promptly commence and diligently prosecute coordinate Landlord’s Base Building Work with Tenant’s requirements, whenever possible, so as to completion. minimize disruption to Tenant’s business operations, including Tenant’s access to the Property, Garage and Premises, visibility of Tenant’s signage, and accessibility of the visitor and Reserved Parking spaces serving the Premises, but there shall be no diminution or abatement of Annual Fixed Rent or Additional Rent or other compensation due from Landlord to Tenant hereunder, nor shall this Lease be affected or any of the Tenant’s obligations hereunder reduced, and Landlord shall exercise such diligent efforts have no responsibility or liability for any inconvenience or disruption to complete Tenant’s business, Tenant hereby agreeing that Tenant’s sole remedy in the respective aspects event of any delay in the performance of Landlord’s Base Building Work by the respective dates is as set forth on Exhibit Jin Section 3C. C. The parties acknowledge that Landlord’s Base Building Work is being performed to create a multi-tenant complex. Therefore, subject Landlord covenants and agrees that Landlord shall have no right to Force Majeureallow any third party, but other than Tenant and the failure Existing Subtenants, to complete any aspect use or occupy the Surrendered Tenanted Premises prior to Substantial Completion, as hereinafter defined, of Landlord’s Base Building Work (the parties hereby expressly agreeing that the construction of leasehold improvements and the installation of furniture, fixtures, and equipment shall not constitute use or occupancy of the Surrendered Tenanted Premises for the purposes of this Section 3C). Since Tenant is presently subleasing portions of the Surrendered Tenanted Premises to the Existing Subtenants, Tenant agrees that Landlord shall have the right to enter into direct leases with all or any of the Existing Subtenants of any portion of the Surrendered Tenanted Premises and that the terms of such direct leases (and the occupancy of the Surrendered Tenanted Premises 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 Existing Subtenants) may commence prior to the imposition of any penalties against Landlord, and Tenant’s sole remedy for Landlord’s failure to complete any aspect Substantial Completion of Landlord’s Base Building Work shall be to bring an action against Landlord for specific performance of such work. With respect to Work. D. For the Landlord’s Base Building Work to the facade of the Building as described on Exhibit Jpurposes hereof: (1) The “Existing Subtenants” are: · Navigant (f/k/a The Bard Group) · Xxxxxx, Xxxxxx & Xxxxxx · Career Academy · Bulfinch · Sierra Atlantic · FinArc · Object Management Group · First Notice Systems (asub-subtenant in OMG suite) 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, · Dovetail Health (b) with respect to any windows removed from f/k/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.ACM Partners)

Landlord’s Base Building Work. Subject A. Notwithstanding anything contained in the Lease to applicable Lawsthe contrary, Landlord, at Landlord’s expense, the Premises shall be delivered in its current “as-is" condition except that Landlord agrees to do or otherwise perform that work in or cause relating to be performed the Third Floor Premises necessary to complete the work described on in Exhibit J annexed ”B” attached hereto and made a part hereof (“the "Landlord’s 's Base Building Work”"). In no event and under no circumstances will Landlord's Work entail or will Landlord undertakes be obliged to promptly apply for and diligently seek to obtain all governmental approvals, including, without limitation, approvals perform any work or supply any materials in excess of the Landmarks Preservation Commissionwork and materials described with particularity in Exhibit "B". All work in the Premises other than Landlord’s Work, shall be performed by Tenant at Tenant's sole cost and expense. Within ten (10) days after the date of the Lease, Tenant will provide Landlord with all specifications and/or approval of Landlord's plans that are required for the performance of the Landlord to perform Landlord’s 's Base Building Work and, after obtaining such approvals, Work. B. The Third Floor Premises shall be deemed to promptly commence and diligently prosecute Landlord’s Base Building Work to completion. Landlord shall exercise such diligent efforts to complete be Substantially Completed when the respective aspects of Landlord’s Base Building Work by the respective dates set forth work shown on Exhibit J, subject "B" attached hereto and made a part hereof has been completed except for the Excluded Landlord Work Items (as defined below) and: (i) any improvements or work to Force Majeure, but the failure to complete any aspect of Landlord’s Base Building Work be performed by the applicable date set forth on Exhibit J shall Tenant including Tenant's Work; and (ii) items 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, completed because of: (a) delay by Tenant in furnishing or receiving any drawings or approvals within the time set forth in any agreement between 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, Tenant; or (b) with respect changes in the work to any windows removed from a particular office be performed by Landlord which are requested by Tenant after approval of Tenant's plans; or (c) delays, not caused by Landlord, in obtaining materials required for installation or work in the Premises, provided that Tenant shall be notified of Landlord's good faith estimate of the anticipated delay promptly after discovery thereof by Landlord, and shall be given an opportunity to specify alternative materials in requirements; or (d) interference by Tenant or any of its employees, agents or contractors. Notwithstanding anything to the contrary in the foregoing, Tenant specifically agrees that the following items are deemed to be “Excluded Landlord shall replace such windows within forty-eight Work" Items: (48i) hours after removalall work items that need to be completed in conjunction with Tenant's Work, subject to Force Majeure or are contingent upon the completion of Tenant's Work; and (cii) Landlord shall perform the facade any work in a limited number of offices within the Premises at any one time. With respect related to the replacement of the roof. Tenant acknowledges and agrees that Landlord’s 's Base Building Work will not be sufficient to renovate allow the interior of the elevator cabs serving the Third Floor Premises as described on Exhibit J, Landlord agrees to be used for Tenant's purposes. Tenant understands that not more that one elevator at a time shall additional work will be taken out of service for the purpose of performing such work. All Landlord’s Base Building Work shall be of a designrequired, and comprised of materials, determined by Landlord in its Tenant agrees to perform all such additional work at Tenant's sole cost and absolute discretionexpense.

Landlord’s Base Building Work. Subject to applicable Laws, LandlordLandlord shall, at Landlord’s expenseits sole cost, shall perform or cause to be performed the following improvement work described on Exhibit J annexed hereto and made a part hereof for the Building (“Landlord’s the "Base Building Work”"): (a) Prior to the date the Premises are delivered to Tenant substantially complete (as defined in Section 9(c) below). , Landlord undertakes shall cause the structure of the Building to promptly apply be free of defects and leaks and shall cause all Building systems and equipment (excluding the roof of the Building and the HVAC systems and equipment, each of which are addressed more specifically in subsections (c) and (d) below) to be in a good and properly functioning condition, provided that Landlord shall have no responsibility or liability for any such defects or leaks to the extent cause by Tenant's construction activities (including, without limitation, any leaks resulting from roof penetrations undertaken by or for Tenant). (b) Prior to the date the Premises are delivered to Tenant substantially complete, Landlord shall cause the Building (including entrances), all restrooms within the Building and diligently seek all Common Areas to obtain comply with all governmental approvalsapplicable laws, including, without limitation, approvals all requirements of the Landmarks Preservation CommissionFederal Americans with Disabilities Act, required prior to the changes to the Premises made by or for Tenant. (c) Prior to the performance date the Premises are delivered to Tenant substantially complete, Landlord shall cause the HVAC systems and equipment to be in a good and properly functioning condition (including the replacement of all coils and compressors that Landlord's HVAC maintenance provider, Control Air, recommends for immediate replacement after discussing the particular need for any such replacement with Landlord), provided that Landlord shall have no responsibility or liability for defects in or other failures with respect to the HVAC equipment or system resulting from Tenant's additions to or modifications of the Landlord’s Base Building Work and, HVAC system and equipment located at the Premises 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 completion of Landlord’s Base Building Work by 's work. (d) Promptly after the respective dates set forth completion of any and all work 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 Building by or for Tenant that requires roof penetrations or other activities on or near the roof of any penalties against the Building, Landlord shall cause, at Landlord's election, either the installation of a new roof membrane or the installation of a restored roof membrane (i.e., one that is installed over the existing roof membrane) that, according the roof warranty received by 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 has a useful life at least equal to the Landlord’s Base Building Work initial Term of the Lease (as applicable, the "Replacement Roof Membrane"). Tenant acknowledges that the installation of the Replacement Roof Membrane does not have to be completed prior to the facade Commencement Date or prior to Tenant's occupancy 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 provided that if the installation is after the date Tenant takes occupancy of the Premises, Landlord and Tenant shall replace such windows within forty-eight (48) hours after removal, subject mutually arrange for the work to Force Majeure be completed on a weekend and (c) Landlord shall perform the facade work in a limited number of offices within Tenant will cause its employees and all other personnel to not enter the Premises at any one time. With respect to time 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 discretionwork is underway.