Landlord’s Work Clause Samples

Landlord’s Work. The parties hereby agree that all aspects of Landlord’s Work shall be subject to the prior written approval by Tenant, which shall not be unreasonably withheld, conditioned or delayed, including, without limitation, the following: a. The plans and specifications for Landlord’s Work (“Landlord’s Plans”); b. The contractor (“Landlord’s Contractor”) and all primary subcontractors and engineers to perform Landlord’s Work; c. The contract for Landlord’s Work (“Landlord’s Contract”), including, without limitation, all schedules and the duration of time allocated for the work to each floor, the phasing schedule for each floor, the liquidated damages provisions of Landlord’s Contract and the procedures to be followed by Landlord’s Contractor in order to minimize delay and interference. The parties hereby acknowledge their agreement on the preliminary plans and specifications for Landlord’s Work which are shown in Schedule 4, attached hereto and made a part hereof. Landlord and Tenant hereby agree that on or before July 1, 2014: (i) the parties shall agree upon the final plans and specifications for Landlord’s Work, and (ii) Landlord shall enter into Landlord’s Contract for Landlord’s Work. Landlord shall secure all consents and approvals for Landlord’s Work, all with the approval of Landlord and Tenant and such that Landlord’s Work shall commence on September 8, 2014. The review and approval of either party to Landlord’s Plans shall not imply that either party has confirmed that such plans comply with applicable laws, codes, rules and regulations. All costs and expenses for Landlord’s TI Work shall be borne by Landlord and shall be paid by Landlord, to the extent of the Allowance. As to the plans and specifications for Landlord’s Work, the parties shall diligently work together to agree on the final Landlord’s Plans prior to the deadline set forth above. With respect to the approval of Landlord’s Contractor and all primary subcontractors and engineers, the parties hereby agree on the following: a. The architect for Landlord’s Work shall be ▇▇▇▇▇ ▇▇▇▇▇▇▇ Architect, Inc.; b. Landlord’s Elevator Contractor shall be ▇▇▇▇ Elevator Company; c. Landlord’s MEP engineer shall be ▇▇▇▇ ▇▇▇▇▇▇▇▇▇ Cartier Engineering, Inc.; d. Landlord’s Contractor shall be ▇▇▇▇▇▇▇▇▇ & Gorrie, or such replacement reasonably acceptable to Landlord and Tenant.

Landlord’s Work. (a) Landlord, at Landlord’s sole cost and expense, shall perform and complete the internal demolition of the space formerly occupied by Aphton Corporation (the “Aphton Space”) so that all features of the buildout of the Aphton Space will be removed, including the high bay lighting fixtures (the “Landlord’s Work”) and in accordance with Applicable Laws and in a good and workmanlike manner in accordance with sound architectural practices and procedures, the intent being that the Landlord’s Work shall restore the Aphton Space to a condition substantially similar to the condition of such space prior to the tenant fit-out work which was performed by or on behalf of Aphton Corporation. Landlord shall give Tenant notice upon the completion of Landlord’s Work and Landlord and Tenant promptly thereafter shall jointly inspect the Aphton Space and mutually agree upon a list of items, if any, that remain to be completed in connection with Landlord’s Work. Landlord thereafter shall promptly complete such items, at Landlord’s sole cost and expense, to the reasonable satisfaction of Tenant. Landlord’s Work shall be performed by Landlord in compliance with Applicable Laws, and shall be completed on or before the date which is fourteen (14) days after the Commencement Date. If Landlord has not substantially completed Landlord’s Work on or before the date which is fourteen (14) days after the Commencement Date, time being of the essence, Tenant shall have the right to prosecute such Landlord’s Work to completion, and Landlord shall reimburse Tenant for its costs in completing such work within thirty (30) days after Tenant delivers to Landlord an invoice setting forth in reasonable detail the sums expended on account of such work. (b) Upon the substantial completion of the Landlord’s Work, Landlord and Tenant shall in cooperate in good faith to determine if any additional restoration work is required to be performed to the Aphton Space, and if any such additional work is required, Landlord shall complete such work as soon as practicable, at Landlord’s sole cost and expense.

Landlord’s Work. Except as otherwise expressly provided in this Workletter, in the Lease or by mutual written agreement of Landlord and Tenant, (i) the cost of design and construction of Landlord’s TI Work shall be at Tenant’s sole cost and expense, including any costs or cost increases incurred as a result of Unavoidable Delays, governmental requirements or unanticipated conditions, subject to application of the Tenant Improvement Allowance in accordance with this Workletter; and (ii) the cost of design and construction of Landlord’s Section 2.3 Work shall be at Landlord’s sole cost and expense, including any costs or cost increases incurred as a result of Unavoidable Delays, governmental requirements or unanticipated conditions. To the extent the estimated entire amount that Landlord is committed to pay (under contracts and obligations in effect from time to time) with respect to Landlord’s TI Work exceeds the net Tenant Improvement Allowance available pursuant to this Workletter, the excess Cost of Improvements for Landlord’s TI Work, over and above the Tenant Improvement Allowance, shall be payable by Tenant on a pro rata basis as illustrated in the diagram attached hereto as Schedule B-4 and incorporated herein by this reference (the “TI Allowance Disbursement Diagram”). To the extent the final net Cost of Improvement with respect to Landlord’s TI Work is not covered by the Tenant Improvement Allowance plus any payments made by Tenant from time to time during the course of construction, the remaining balance of the final net Cost of Improvement of Landlord’s TI Work shall be reimbursed by Tenant to Landlord in cash within thirty (30) days after final completion of Landlord’s TI Work (including any applicable Punch List Work), subject to the provisions of subparagraph (c) below.

Landlord’s Work. (a) Landlord shall furnish and install substantially in accordance with the Plans the materials and items described therein ("Landlord's Work"). The Plans, the costs of Tenant's space plan, Landlord's Work, and the installation of cable described in Section 1.01 (b)(4), shall be at Tenant's sole cost and expense, provided that Tenant shall be entitled to a credit against the cost of the Plans, the costs of Tenant's space plan, Landlord's Work, and the installation of cable described in Section 1.01(b)(4), in an amount up to the lesser of (a) $178,500, (i.e., $6.00, multiplied by the area of the Premises) or (b) the actual costs of the Plans and the Landlord's Work (the "Allowance"). (b) If Landlord determines that the cost of the Landlord's Work, will exceed the Allowance, then prior to commencement of the Landlord's Work, Landlord will submit to Tenant a cost estimate for the Landlord's Work ("Cost Estimate") which Tenant shall approve or reject within seven (7) days after receipt thereof. It is understood that the cost of Landlord's Work shall include Landlord's then applicable construction supervision fee which shall not exceed four percent (4%) of the total cost of the Landlord's Work, the cost of Tenant's space plan, the cost of the Plans, and the costs of the installation of the cable described in Section 1.01(b)(4). Tenant's failure to reject the Cost Estimate within said seven (7) day period shall be to be an acceptance thereof. If Tenant rejects the Cost Estimate, Tenant shall, together with such rejection, propose such changes to the Plans as will cause the Cost Estimate to be acceptable. If the accepted Cost exceeds the Allowance, then Tenant shall pay to Landlord the amount of such excess within ten (10) business days after receipt by Tenant of a bill ▇▇▇refor, but in no event later than the Commencement Date.

Landlord’s Work. (i) Landlord, at Landlord’s expense, shall perform or cause to be performed the work required to satisfy the Delivery Condition and the Post Delivery Condition (collectively or individually, as the context requires, “Landlord’s Work”). The “Delivery Condition” means the condition of the Premises which satisfies the criteria set forth on Exhibit E-1 attached hereto. The portion of Landlord’s Work described on Exhibit E-1 attached hereto is referred to as “Landlord’s Turnover Work”. The “Post Delivery Condition” means the condition of the Premises which satisfies the criteria set forth on Exhibit E-2 attached hereto. The portion of Landlord’s Work described on Exhibit E-2 attached hereto is referred to as “Landlord’s Post Turnover Work”. Attached hereto as Exhibit T is a list of the current working drawings for the Base Building Work (the “Base Building Working Drawings”). A copy of the Base Building Working Drawings have been made available to Tenant. The Base Building Working Drawings may be modified by Landlord from time to time without Tenant’s consent; provided, that after giving effect to such modifications, the portion of the Base Building Working Drawings that was so modified (A) shall continue to be materially consistent with the original Base Building Working Drawings to the extent necessary to avoid any materially adverse effect on the Premises or any common areas of the Building which Tenant will be entitled to use during the Term and (B) shall not decrease or increase the rentable area of any of the floors comprising the Premises by more than 5% or materially alter the configuration of any of the floors comprising the Premises. Reasonably promptly after Tenant’s written request, Landlord shall make available to Tenant any updates to the Base Building Working Drawings. Notwithstanding the foregoing, Landlord shall have the right to substitute any materials to be used as finishes in the construction of the Building, the Building lobbies, any common areas of the Building, and/or the facade of the Building which are described in the Base Building Working Drawings for materials of substantially similar quality; provided, that such materials are consistent with the standards of a First Class Office Building. The Base Building Work (as hereinafter defined) shall be performed by Landlord in compliance with all applicable Laws.

Landlord’s Work a) The Landlord undertakes to tear up, re-grade and re-pave the entire taxi-way within the 2020/2021 New Hanger Site in accordance with the Grading and Drainage Plan. b) The Landlord will conduct all necessary grading and drainage works to the Common Elements in accordance with the Grading and Drainage Plan. c) The Landlord will have lines painted along the entire edges of the taxi-way within the 2020-2021 New Hanger Site to delineate the boundary between the Demised Premises and the taxi-way.

Landlord’s Work. Landlord shall perform the work shown on the plans (the “Plans”) listed on Exhibit B-2 attached to the Lease (“Landlord’s Work”); provided, however, that Landlord shall have no responsibility for the installation or connection of Tenant’s computer, telephone, other communication equipment, systems or wiring. Any items of work requested by Tenant and not shown on the Plans shall be deemed to be Change Proposal(s) (as defined below) and shall be subject to the terms and provisions of subsection (2) below.

Landlord’s Work. The Landlord will provide and carry out, in accordance with the provisions of the Lease, including, without limitation, this Schedule, at the Tenant’s expense, all equipment and work other than Tenant’s Work required to be provided in order to render the Premises complete and suitable to open for business (the “Landlord’s Work”) including, but not limited to the following: • Connecting all utilities including, power to building and distribution panels to the Premises, including the requirement to provide via separate metering. • Connecting water, including without limitation hot water, to greenhouse area and distribution water tank(s). • Installation of a storage cooler. • All concrete work around the greenhouse and drive-way to the compost hut and floor for compost piles as designed. • Installation of necessary or required ventilation fans. • Installation or replacement of lighting, including without limitation any required high upper grow lights. • Installation of hand wash stations in the Premises. • Gas heaters and controls. • Any repairs or refurbishing of outer panels, germination room walls. The Tenant’s consent (not to be unreasonably withheld, conditioned or delayed), shall be required prior to the commencement of the Landlord’s Work. The Landlord shall provide, in such detail as the Tenant may reasonably request, all material documentation relating to the Landlord’s Work, including without limitation, any proposed plans and drawings, proposed agreements with any contractors or subcontractors and estimated costs to complete the Landlord’s Work. Subject to receiving the Tenant’s consent as contemplated herein, the Landlord shall commence the Landlord’s Work in accordance with the terms of this Lease. Upon completion of the Landlord’s Work, the Landlord shall provide the Tenant receipted invoices verifying the actual cost of completing the Landlord’s Work in the Premises. It is acknowledged and agreed that in consideration for the Tenant being responsible for all the costs associated with the Landlord’s Work as contemplated herein, the cost of the Landlord’s Work shall be included in total amount subject recoverable by the Tenant and to the Free Rent Period (as hereinafter defined) subject to the terms and conditions of this Schedule “D” and the Lease, generally.

Landlord’s Work. Except as otherwise expressly provided in this Workletter (including, but not limited to, the cost allocations set forth in SCHEDULE C-2 attached hereto) or by mutual written agreement of Landlord and Tenant, the cost of construction of Landlord's Work shall be borne by Landlord at its sole cost and expense, including any costs or cost increases incurred as a result of Unavoidable Delays, governmental requirements or unanticipated conditions; PROVIDED, however, that notwithstanding any other provisions of this Paragraph 4(a), to the extent the Cost of Improvement relating to the construction of any item or component of Landlord's Work is increased as a result of any implemented Change Order Request or any Tenant Delay, or as a result of any "above standard" Building Shell components requested by Tenant or otherwise necessitated by Tenant's particular use requirements or by the contemplated Tenant's Work, or as a result of any other plan changes or compliance costs attributable to Tenant's particular use requirements or to the contemplated Tenant's Work, the amount of the increase in the Cost of Improvement with respect to such item or component shall be reimbursed by Tenant to Landlord in cash or, by mutual agreement of Landlord and Tenant, may be deducted from Landlord's maximum obligation under Paragraph 4(b) with respect to the cost of Tenant's Work.