LANDLORD’S INITIAL CONSTRUCTION. Landlord has constructed, at its sole cost and expense, the base, shell and core (i) of the Premises, and (ii) of the floor of the Project on which the Premises is located (collectively, the “Base, Shell and Core”). Tenant has inspected and hereby approves the condition of the Premises and the Base, Shell and Core, and agrees that the Premises and the Base, Shell and Core shall be delivered to Tenant in their current “as-is” condition; provided, however, Landlord shall deliver the Premises to Tenant in broom clean condition with the mechanical, plumbing, common HVAC systems, life/safety, and other Building systems servicing the Premises in good working order and condition no later than the Estimated Delivery Date (as defined in the Lease) as such date may be extended under Article 2 of the Lease. If Landlord fails to deliver the Premises to Tenant in the condition specified in the immediately preceding sentence, then Tenant may, as Tenant’s sole remedy (provided, however, Tenant shall retain any remedies under Article 2 and Section 30(bb) of the Lease and the foregoing shall not affect Landlord’s ongoing repair and maintenance obligations), notify Landlord in writing, which notice shall specify the particular items which are not in compliance and Landlord shall perform the work necessary to cause the Premises to be in the required condition. Tenant’s failure to deliver such written notice to Landlord within sixty (60) after the earlier of the Pod 4 Portion Commencement Date or the Pod 5 Portion Commencement Date, as the case may be, shall be deemed to constitute Landlord’s satisfaction of such obligation. If Tenant timely delivers such written notice to Landlord, Landlord shall, at Landlord’s sole cost and expense, promptly correct any such items (except to the extent that such repair is attributable to the acts or omissions of Tenant or Tenant’s contractors or agents (in which event Tenant shall be solely responsible for the same). The renovations to the improvements by or on behalf of Tenant in the Premises shall be designed and constructed pursuant to this Tenant Work Letter.
LANDLORD’S INITIAL CONSTRUCTION. Landlord, at Landlord’s cost, shall perform the construction of the initial improvements to the Premises for Tenant’s occupancy in accordance with the provisions of Exhibit B using Building standard materials and finishes; provided, however, that the cost of Landlord’s Initial Construction for the computer room in the Premises shall be at Tenant’s sole cost and expense. Landlord’s Initial Construction shall be performed in strict accordance with Landlord’s Plans as attached as Exhibit B-1. Any additional improvement to the Premises not shown on Landlord’s Plans that are requested by Tenant and approved by Landlord shall be constructed at Tenant’s sole cost and expense, subject to all terms and provisions of this Lease. Landlord agrees to apply the Moving Allowance toward the cost of Landlord’s Initial Construction for the computer room (in which case, Tenant shall not be entitled to request the Moving Allowance under Article XII, until completion of Landlord’s Initial Construction for the computer room, after which Tenant shall be entitled to request any remaining Moving Allowance pursuant to the terms of Article XII). Tenant shall pay to Landlord on or prior to the date of this Lease the amount, if any, by which the cost of Landlord’s Initial Construction for the computer room will exceed the Moving Allowance, as estimated by Landlord. Landlord and Tenant shall adjust for any overpayment or underpayment under the preceding sentence within sixty (60) days following the Substantial Completion Date.
LANDLORD’S INITIAL CONSTRUCTION. Landlord shall have constructed the "Base Building," as that term is defined in Section 8.2 of this Lease, which Base Building shall be LEED Certified and otherwise constructed in manner which is materially consistent with the level of quality set forth in the Base Building Specifications attached hereto as Schedule 3 to this Exhibit B. Such construction shall be at Landlord's sole cost and expense and without application of any portion of the "Improvement Allowance," as that term is set forth in Section 2.1 of this Work Letter below, except as expressly set forth in Section 2.2.2, below.
LANDLORD’S INITIAL CONSTRUCTION. Landlord shall cause the construction or installation of the following items (collectively, the “Initial Landlord Work”, all as more particularly shown on Exhibit B-1 hereto):
(a) Public corridor adjacent to the Premises, including the public corridor wall, the standard tenant entries and exits (including doors, frames, hardware and any sidelight), and standard tenant entry signage and exit lights;
(b) Recarpeting the existing elevator lobby on the second floor of the Building; and
(c) Renovation of the two (2) Common Area restrooms on the second floor of the Building. Notwithstanding any contrary provision of this Agreement, the Initial Landlord Work shall not be deemed Tenant Improvements (but shall be deemed Tenant Improvement Work). , 20 To: Re: Office Lease (the “Lease”) dated , 20 , between CA-SAN MATEO BAYCENTER LIMITED PARTNERS IP, a Delaware limited partnership (“Landlord”), and MARKETO, INC., a California corporation (“Tenant”), concerning Suite 200 on the second floor of the building located at 901 Mariner’s Island Boulevard, San Mateo, California. Lease ID: Business Unit Number: Dear : In accordance with the Lease, Tenant accepts possession of the Premises and confirms the following:
1 The Commencement Date is and the Expiration Date is . 2 The number of rentable square feet within the Premises is 13,254 square feet, subject to Section 1.2.2 of the Lease. 3 Tenant’s Share, based upon the number of rentable square feet within the Premises, is 11.1472%, subject to Section 1.2.2 of the Lease. Please acknowledge the foregoing by signing all three (3) counterparts of this letter in the space provided below and returning two (2) fully executed counterparts to my attention. Please note that, pursuant to Section 2.1.1 of the Lease, if Tenant fails to execute and return (or, by notice to Landlord, reasonably object to) this letter within ten (10) days after receiving it, Tenant shall be deemed to have executed and returned it without exception.
LANDLORD’S INITIAL CONSTRUCTION. Landlord has constructed the "Base Building," as that term is defined in Section 8.2 of this Lease. Such construction shall be at Landlord's sole cost and expense and without application of any portion of the "Improvement Allowance," as that term is set forth in Section 2.1 of this Work Letter below, except as expressly set forth in Section 2.2.2, below.
LANDLORD’S INITIAL CONSTRUCTION. Landlord, at Landlord’s cost, subject to the Improvement Allowance set forth in Exhibit B, shall perform the construction of the initial improvements to the Premises for Tenant’s occupancy in accordance with the provisions of Exhibit B using Building standard materials and finishes set forth on Exhibit B-2 (the “Building Standard Materials and Finishes”). Landlord’s Initial Construction shall be performed in strict accordance with Tenant’s Plans approved in accordance with Exhibit B. Any additional improvement to the Premises not shown on Tenant’s Plans that are requested by Tenant and approved by Landlord shall be constructed at Tenant’s sole cost and expense, subject to all terms and provisions of this Lease.
LANDLORD’S INITIAL CONSTRUCTION. Landlord at Landlord's cost -------------------------------- shall provide the improvements to the Premises set forth in Exhibit F of the Lease ("Landlord's Initial Construction"). By taking possession of each successive area of he Premises, Tenant accepts Landlord's Initial Construction in the condition in which the improvements in such area may then be, and, subject to Landlord's obligation to complete any remaining Landlord's Initial Construction not then completed, waives any right or claim against Landlord arising out of the condition of the Premises, including the improvements thereon, the appurtenances thereto, and the equipment thereof, except defects in workmanship and/or materials. Tenant shall be deemed to have waived any right or claim against Landlord arising out of a defect (except hidden or latent defects) in workmanship and/or materials with respect to Area A and Area B on the date nine (9) months following the Area B Commencement Date and with respect to area C on the date nine (9) months following the Area C Commencement Date, except for claims relating to those defects for which Tenant has given written notice of such defect to Landlord within such nine-month period. Any notice of a defect from Tenant must specify in reasonable detail the nature and extent of such defect.
LANDLORD’S INITIAL CONSTRUCTION. Landlord agrees to perform work and make installations in the Leased Premises as set forth in Schedule A. Such work and installations are referred to as "Landlord's Initial Construction." All of the terms, covenants and conditions of Schedule A. are incorporated in this Lease by reference and shall be deemed a part of this Lease as though fully set forth in the body of this Lease.
LANDLORD’S INITIAL CONSTRUCTION. Landlord, at its sole cost and expense, shall remove the existing internal staircase connecting the Substitution Space to the 12th floor of the Building and restore the concrete slab floor, to a slab finish (collectively, the "Initial Landlord Work"). Without limitation, Tenant, at its cost, shall be responsible for any improvements or finishes to be installed over such concrete slab floor. Notwithstanding any contrary provision of this Agreement, the Initial Landlord Work shall be performed at Landlord's expense and shall not be deemed Tenant Improvements, Tenant Improvement Work or an Allowance Item. Landlord shall use commercially reasonable efforts to cause the Initial Landlord Work to be performed in a manner that efficiently coordinated with the performance of the Tenant Improvement Work; provided, however, that Landlord shall not be required to delay performance of, or pay overtime rates for, the Initial Landlord Work.
LANDLORD’S INITIAL CONSTRUCTION. Landlord agrees to perform Landlord's Initial Construction described in Schedule B annexed hereto in accordance with the terms, conditions, and provisions thereof. All of the terms, covenants and conditions of Schedule B are incorporated in this Lease as if fully set forth at length herein.
