Common use of Landlord’s Work and Tenant Improvements Defined Clause in Contracts

Landlord’s Work and Tenant Improvements Defined. As used herein, (i) “Landlord’s Work” shall mean the design and construction of the building shell and related site improvements (“Building Shell”) consisting of the elements described on the Basis of Design attached hereto as Schedule 1 under the categories of “Cold Shell” and “Full Shell Warm Up” and related site improvements marked with an “X” (collectively, the “Basis of Design”) and the index referencing plans attached hereto as Schedule 2 (“Building Shell Construction Drawings”), and (ii) “Tenant Improvements” shall mean the design and construction of improvements to the Premises of a fixed and permanent nature as more particularly provided for in this Work Letter. The design of the Building Shell shall be generally consistent with the Basis of Design and the Building Shell Construction Drawings described on Schedule 1 and Schedule 2, respectively; provided, however, that Tenant acknowledges that Landlord may make changes to the Building Shell, as determined by Landlord in its reasonable discretion; provided, however, that Landlord shall not make any changes to the Building Shell that would result in a material increase in the cost of the Tenant Improvements (as reflected in the Budget (as defined in Section 5(a) below)) or a material delay in the schedule for the construction of the Tenant Improvements or require material changes to the approved Space Plans or TI Construction Drawings, without Tenant’s approval, which approval shall not be unreasonably withheld, conditioned or delayed. Landlord shall promptly notify Tenant in writing of any material changes made by Landlord to the Building Shell that could be reasonably anticipated to result in a material increase in the cost of the Tenant Improvements or a material delay in the schedule for the construction of the Tenant Improvements or require changes to the Space Plans or TI Construction Drawings. Notwithstanding anything to the contrary contained herein, Landlord is under no obligation to make any changes that may be requested by Tenant to the Building Shell. Other than (i) completing Landlord’s Work, at Landlord’s sole cost and expense, and (ii) funding the TI Allowance, Landlord shall not have any obligation whatsoever with respect to the finishing of the Premises or the Project for Tenant’s use and occupancy.

Landlord’s Work and Tenant Improvements Defined. As used herein, (i) “Landlord’s Work” shall mean the design and construction of the building shell and related site improvements (“Building Shell”) consisting of consistent with those certain 0000 Xxxxxxxx Xxxxxx – Construction Plans and Specifications dated May 17, 2019 prepared by the elements described on the Basis of Design attached hereto as Schedule 1 under the categories of “Cold Shell” and “Full Building Shell Warm Up” and related site improvements marked with an “X” Architect (collectively, the “Basis of Design”) and the index referencing plans attached hereto as Schedule 2 (“Building Shell Construction DrawingsPlans”), and (ii) “Tenant Improvements” shall mean the design and construction of improvements to the Premises of a fixed and permanent nature as more particularly provided for in this Work Letter. The design of the Building Shell shall be generally consistent with the Basis of Design determined by Landlord in Landlord’s sole and the Building Shell Construction Drawings described on Schedule 1 absolute discretion and Schedule 2, respectively; provided, however, that Tenant acknowledges that Landlord may make changes to the Building Shell, as determined by Landlord in its reasonable sole and absolute discretion; provided, however, that Landlord shall not make any . Tenant may request changes to the Building Shell that would result in a material increase in affecting the cost interior of the Tenant Improvements (as reflected in the Budget (as defined in Section 5(a) below)) or a material delay in the schedule for the construction of the Tenant Improvements or require material changes to the approved Space Plans or TI Construction Drawings, without Tenant’s approval, which approval shall not be unreasonably withheld, conditioned or delayed. Landlord shall promptly notify Tenant in writing of any material changes made by Landlord to the Building Shell that could be reasonably anticipated to result and Landlord shall consider Tenant’s input and/or changes requested in a material increase in the cost of the Tenant Improvements or a material delay in the schedule for the construction of the Tenant Improvements or require changes to the Space Plans or TI Construction Drawingsgood faith. Notwithstanding anything to the contrary contained hereinforegoing, Landlord is under no obligation to make any changes that may be requested by Tenant to the Building Shell. If Landlord does accept any changes to the Building Shell requested by Tenant, Tenant shall be responsible for any increased costs incurred by Landlord as a result of such accepted changes (and may elect to use a portion of the TI Allowance toward such costs). Other than (i) completing Landlord’s Work, at Landlord’s sole cost and expense, and (ii) funding the TI Allowance, Landlord shall not have any obligation whatsoever with respect to the finishing of the Premises or the Project for Tenant’s use and occupancy.

Landlord’s Work and Tenant Improvements Defined. As used herein, (i) “Landlord’s Work” shall mean the design and construction of the building shell and related site improvements (“Building Shell”) consisting of the elements described on the Basis of Design attached hereto as Schedule 1 under the categories of “Cold Shell” and “Full Shell Warm Up” and related site improvements marked with an “X” (collectively, the “Basis of Design”) and the index referencing plans attached hereto as Schedule 2 (“Building Shell Construction Drawings”), and (ii) “Tenant Improvements” shall mean the design and construction of improvements to the Premises (including the outdoor deck located on the 6th floor of the Building) of a fixed and permanent nature as more particularly provided for in this Work Letter. The design of the Building Shell shall be generally consistent with the Basis of Design and the Building Shell Construction Drawings described on Schedule 1 and Schedule 2, respectively; provided, however, that Tenant acknowledges that Landlord may make changes to the Building Shell, as determined by Landlord in its reasonable sole and absolute discretion; provided, however, that Landlord shall not make any changes to the Building Shell that would result in a material increase in the cost of the Tenant Improvements (as reflected in the Budget (as defined in Section 5(a) below)) or a material delay in the schedule for the construction of the Tenant Improvements or require material changes to the approved Space Plans or TI Construction Drawings, without Tenant’s approval, which approval shall not be unreasonably withheld, conditioned or delayed. Landlord shall promptly notify Tenant in writing of any material changes made by Landlord to the Building Shell that could be reasonably anticipated to result in a material increase in the cost of the Tenant Improvements or a material delay in the schedule for the construction of the Tenant Improvements or require changes to the Space Plans or TI Construction Drawings. Notwithstanding anything to the contrary contained herein, Landlord is under no obligation to make any changes that may be requested by Tenant to the Building ShellShell except as set forth below. Other than (i) completing Landlord’s Work, at Landlord’s sole cost and expense, and (ii) funding the TI Allowance, Landlord shall not have any obligation whatsoever with respect to the finishing of the Premises or the Project for Tenant’s use and occupancy.

Landlord’s Work and Tenant Improvements Defined. As used herein, (i) “Landlord’s Work” shall mean the design and construction of the building shell and related site improvements (“Building Shell”) consisting of the elements described on the Basis of Design attached hereto as Schedule 1 under the categories of “Cold Shell” and “Full Shell Warm Up” and related site improvements marked with an “X” (collectively, the “Basis of Design”) and the index referencing plans attached hereto as Schedule 2 (“Building Shell Construction Drawings”), and (ii) “Tenant Improvements” shall mean the design and construction of improvements to the Premises of a fixed and permanent nature as more particularly provided for in this Work Letter. The design of the Building Shell shall be generally consistent with the Basis of Design determined by Landlord in Landlord’s sole and the Building Shell Construction Drawings described on Schedule 1 absolute discretion and Schedule 2, respectively; provided, however, that Tenant acknowledges that Landlord may make changes to the Building Shell, as determined by Landlord in its reasonable sole and absolute discretion; provided, however, that Landlord shall not make any changes to the Building Shell that would result in a material increase in the cost of the Tenant Improvements (as reflected in the Budget (as defined in Section 5(a) below)) or a material delay in the schedule for the construction of the Tenant Improvements or require material changes to the approved Space Plans or TI Construction Drawings, without Tenant’s approval, which approval shall not be unreasonably withheld, conditioned or delayed. Landlord shall promptly notify Tenant in writing of any material changes made by Landlord to the Building Shell that could be reasonably anticipated to result in a material increase in the cost of the Tenant Improvements or a material delay in the schedule for the construction of the Tenant Improvements or require changes to the Space Plans or TI Construction Drawings. Notwithstanding anything to the contrary contained herein, Landlord is under no obligation to make any changes that may be requested by Tenant to the Building Shell. Other than (i) completing Landlord’s Work, at Landlord’s sole cost and expense, and (ii) funding the TI Allowance, Landlord shall not have any obligation whatsoever with respect to the finishing of the Premises or the Project for Tenant’s use and occupancy. Landlord’s Work shall be deemed to be in a “Building Shell Substantially Complete” condition when (i) the Building Shell is substantially completed in accordance with the Basis of Design and in a condition such that Tenant may construct the Tenant Improvements without unreasonable interference from Landlord, and (ii) Landlord’s architect has issued an AIA (as defined below) G704 with respect to the Building Shell, subject to normal punch list items of a non-material nature.

Landlord’s Work and Tenant Improvements Defined. As used herein, (i) “Landlord’s Work” shall mean the design and construction of the building shell and related site improvements (“Building Shell”) consisting of the elements marked with an x under the headings Cold Shell by ARE and Full Shell Warmup by ARE, and excluding those elements identified on Schedule 1 as “Tenant Work,” described on the Basis of Design attached hereto as Schedule 1 under the categories of “Cold Shell” and “Full Shell Warm Up” and related site improvements marked with an “X” (collectively, the “Basis of Design”) and the index referencing plans attached hereto as Schedule 2 (“Building Shell Construction Drawings”), and (ii) “Tenant Improvements” shall mean the design and construction of improvements to the Premises of a fixed and permanent nature as more particularly provided for in this Work Letter. The design of the Building Shell shall be generally consistent with the Basis of Design determined by Landlord in Landlord’s sole and the Building Shell Construction Drawings described on Schedule 1 absolute discretion and Schedule 2, respectively; provided, however, that Tenant acknowledges that Landlord may make changes to the Building Shell, as determined by Landlord in its sole and absolute discretion. Tenant may request changes to the Building Shell to the extent that they relate solely to the Premises and Landlord shall review and consider such requested changes to the Building Shell in its good faith reasonable discretion; provided, however, that Landlord shall not make any changes to the Building Shell that would result in a material increase in the cost of the Tenant Improvements (as reflected in the Budget (as defined in Section 5(a) below)) or a material delay in the schedule for the construction of the Tenant Improvements or require material changes to the approved Space Plans or TI Construction Drawings, without Tenant’s approval, which approval shall not be unreasonably withheld, conditioned or delayed. Landlord shall promptly notify Tenant in writing of any material changes made by Landlord to the Building Shell that could be reasonably anticipated to result in a material increase in the cost of the Tenant Improvements or a material delay in the schedule for the construction of the Tenant Improvements or require changes to the Space Plans or TI Construction Drawings. Notwithstanding anything to the contrary contained herein, Landlord is under no obligation to make any changes that may be requested by Tenant to the Building Shell. Other than (i) completing Landlord’s Work, at Landlord’s sole cost and expense, and (ii) funding the TI Allowance, Landlord shall not have any obligation whatsoever with respect to the finishing of the Premises or the Project for Tenant’s use and occupancy.

Landlord’s Work and Tenant Improvements Defined. As used herein, (i) “Landlord’s Work” shall mean the design and construction of the building shell and related site improvements (“Building Shell”) consisting of the elements described on the Basis of Design attached hereto as Schedule 1 under the categories of “Cold Shell” and “Full Shell Warm Up” and related site improvements marked with an “X” (collectively, the “Basis of Design”) and the index referencing plans attached hereto as Schedule 2 (“Building Shell Construction Drawings”), and (ii) “Tenant Improvements” shall mean the design and construction of improvements to the Premises of a fixed and permanent nature as more particularly provided for in this Work Letter. The design of the Building Shell shall be generally consistent with the Basis of Design and the Building Shell Construction Drawings described on Schedule 1 and Schedule 2, respectively; provided, however, that Tenant acknowledges that Landlord may make changes to the Building Shell, as determined by Landlord in its reasonable discretion; provided, however, that Landlord shall not make any changes to the Building Shell that would materially adversely affect Tenant’s use of the Premises or result in a material increase in the cost of the Tenant Improvements (as reflected in the Budget (as defined in Section 5(a) below)) or a material delay in the schedule for the construction of the Tenant Improvements or require material changes to the approved Space Plans or TI Construction Drawings, without Tenant’s approval, which approval shall not be unreasonably withheld, conditioned or delayed. Landlord shall promptly notify Tenant in writing of any material changes made by Landlord to the Building Shell that could be reasonably anticipated to result in a material increase in the cost of the Tenant Improvements or a material delay in the schedule for the construction of the Tenant Improvements or require changes to the Space Plans or TI Construction Drawings. Notwithstanding anything to the contrary contained herein, Landlord is under no obligation to make any changes that may be requested by Tenant to the Building Shell. Other than (i) completing Landlord’s Work, at Landlord’s sole cost and expense, and (ii) funding the TI Allowance, Landlord shall not have any obligation whatsoever with respect to the finishing of the Premises or the Project for Tenant’s use and occupancy.

Landlord’s Work and Tenant Improvements Defined. As used herein, (i) “Landlord’s Work” shall mean the design and construction of the building shell and related site improvements (“Building Shell”) consisting of the elements described on the Basis of Design attached hereto as Schedule 1 under the categories of “Cold Shell” and “Full Shell Warm Up” and related site improvements marked with an “X” (collectively, the “Basis of Design”) and the index referencing plans attached hereto as Schedule 2 (“Building Shell Construction Drawings”), and (ii) “Tenant Improvements” shall mean the design and construction of improvements to the Premises of a fixed and permanent nature as more particularly provided for in this Work Letter. The design of the Building Shell shall be generally consistent with the Basis of Design and the Building Shell Construction Drawings described on Schedule 1 and Schedule 2, respectively; provided, however, that Tenant acknowledges that Landlord may make changes to the Building Shell, as determined by Landlord in its reasonable discretion; provided, however, that Landlord shall not make any changes to the Building Shell that would result in a material increase in the cost of the Tenant Improvements (as reflected in the Budget (as defined in Section 5(a) below)) or a material delay in the schedule for the construction of the Tenant Improvements or require material changes to the approved Space Plans or TI Construction Drawings, without Tenant’s approval, which approval shall not be unreasonably withheld, conditioned or delayed. Landlord shall promptly notify Tenant in writing of any material changes made by Landlord to the Building Shell that could be reasonably anticipated to result in a material increase in the cost of the Tenant Improvements or a material delay in the schedule for the construction of the Tenant Improvements or require changes to the Space Plans or TI Construction Drawings. Notwithstanding anything to the contrary contained herein, Landlord is under no obligation to make any changes that may be requested by Tenant to the Building Shell. Other than (i) completing Landlord’s Work, at Landlord’s sole cost and expense, and (ii) funding the TI Allowance, Landlord shall not have any obligation whatsoever with respect to the finishing of the Premises or the Project for Tenant’s use and occupancy. Landlord shall perform Landlord’s Work in a good and workmanlike manner and in compliance with Legal Requirements.