Common use of Landlord’s Work - Tenant’s Work Clause in Contracts

Landlord’s Work - Tenant’s Work. Section 3.1 Tenant accepts the demised premises in a so-called “as-is” condition and agrees that Landlord shall not be required to perform any work whatsoever therein, except as expressly set forth in this Lease. In the event demolition is required of any existing improvements, Tenant agrees to undertake same at Tenant’s sole cost and expense as a portion of the Tenant Improvements. Notwithstanding the foregoing to the contrary, Landlord agrees that it will deliver the demised premises to Tenant with the existing electrical, HVAC and plumbing systems serving the demised premises in good working order. In the event Tenant provides written notice to Landlord of the need for maintenance or repair of any building systems or any HVAC units, electrical or plumbing items within ninety (90) days after the Commencement Date, Landlord shall, at Landlord’s sole expense (provided the need for such maintenance and repairs was not caused by Tenant), which costs shall not be passed along to Tenant pursuant to Section 11.3, perform any such maintenance and repairs. After the end of such 90-day period, any maintenance, repair or replacement thereof shall be performed by Landlord, and the costs reimbursed by Tenant, pursuant to the provisions of Section 11.3 hereof. In the event Tenant provides written notice to Landlord of the need for maintenance or repair of the roof within one hundred eighty (180) days after the Commencement Date, Landlord shall, at Landlord’s sole expense (provided the need for such maintenance and repairs was not caused by Tenant), which costs shall not be passed along to Tenant pursuant to Section 11.3, perform any such maintenance and repairs. After the end of such 180-day period, any maintenance, repair or replacement thereof shall be performed by Landlord, and the costs reimbursed by Tenant, pursuant to the provisions of Section 11.3 hereof.

Landlord’s Work - Tenant’s Work. Section 3.1 Within thirty (30) days from the Effective Date hereof, Tenant accepts shall submit its Plans for Tenant’s Work to Landlord for approval. If Landlord notifies Tenant that changes to Tenant’s Plans are necessary for Landlord to approve the demised premises Plans, Tenant shall submit revised Plans to Landlord within five (5) business following receipt of such notice. Once Landlord has approved the Plans, Tenant shall submit sealed drawings to Springfield Township for approval thereof within five (5) business following Landlord’s approval. Upon receipt of a building permit from Springfield Township, Landlord shall complete construction of its required improvements (the “Landlord’s Work”) in substantial compliance with the “Landlord’s Work Letter” at Exhibit C-1 attached hereto, with such minor variations as Landlord in its reasonable discretion may deem advisable. Landlord’s Work shall be done in a so-called “as-is” condition first class, professional and agrees workmanlike manner. When Landlord certifies in writing to Tenant that Landlord shall not be required has completed that portion of Landlord’s Work such that the Premises is ready for commencement of Tenant’s Work (“Tenant’s Work Notice”), Tenant agrees to accept possession thereof and to proceed with due diligence to perform any work whatsoever therein, except Tenant’s Work as expressly set forth described in this Leasethe “Tenant Criteria Manual” in Exhibit C-2. Tenant shall complete Tenant’s Work within one hundred twenty (120) days (the “Fixturization Period”) following receipt of Tenant’s Work Notice. In the event demolition is required that Tenant fails to meet any of any existing improvementsthe timeframes identified in this Section 3.2, Tenant agrees to undertake same at Landlord may reduce Tenant’s sole cost Fixturization Period by one (1) day for every day of delay by Tenant in meeting such timeframes. If Tenant is unsuccessful in procuring the permits and expense as a portion of approvals for the Tenant Improvements. Notwithstanding the foregoing to the contraryPremises, Landlord agrees that it will deliver shall have the demised premises right, to Tenant with pursue the existing electrical, HVAC and plumbing systems serving the demised premises in good working ordersame on Tenant’s behalf. In the event of any dispute as to work performed or required to be performed by Landlord or Tenant provides pursuant to Exhibit C-2, the certificate of Landlord’s architect or engineer shall be conclusive. Any claim regarding delays by either party shall be raised by written notice to Landlord of the need for maintenance or repair of any building systems or any HVAC units, electrical or plumbing items within ninety (90) days after the Commencement Date, Landlord shall, at Landlord’s sole expense (provided the need for such maintenance and repairs was not caused by Tenant), which costs shall not be passed along to Tenant pursuant to Section 11.3, perform any such maintenance and repairs. After the end of such 90-day period, any maintenance, repair or replacement thereof shall be performed by Landlord, and the costs reimbursed by Tenant, pursuant to the provisions of Section 11.3 hereof. In the event Tenant provides written notice to Landlord of the need for maintenance or repair of the roof within one hundred eighty (180) days after the Commencement Date, Landlord shall, at Landlord’s sole expense (provided the need for such maintenance and repairs was not caused by Tenant), which costs shall not be passed along to Tenant pursuant to Section 11.3, perform any such maintenance and repairs. After the end of such 180-day period, any maintenance, repair or replacement thereof shall be performed by Landlord, and the costs reimbursed by Tenant, pursuant to the provisions of Section 11.3 hereofother party.

Landlord’s Work - Tenant’s Work. Section 3.1 3.1. Landlord shall provide certain leasehold improvements ("Tenant accepts Improvements") to be made to the demised premises premises. The plans and specifications for the Tenant Improvements (the "Plans") have been prepared under the direction of Vitae (the "Architect") and have been approved by Landlord and Tenant and made a part hereof as Exhibit C. Landlord shall contribute toward the cost of the Tenant Improvements the lesser of (i) the actual cost of the Tenant Improvements, or (ii) One Hundred Seventy Four Thousand Six Hundred Twelve Dollars ($174,612.00). To the extent the cost of the Tenant Improvements exceeds $174,612.00, pursuant to the preceding sentences, Tenant shall reimburse Landlord such excess within fifteen (15) days following invoicing by Landlord to Tenant for the portion of the work in excess of $174,612.00 completed in accordance with invoices paid by Landlord for such work; provided that if the excess is estimated to exceed the amount of Twenty Five Thousand Dollars ($25,000.00). Tenant shall pay such amount to Landlord prior to the commencement of construction with a final reconciliation being made within fifteen (15) days following the completion of construction. Immediately following approval of the Plans, Landlord shall apply for all requisite building permits and approvals for construction of the Tenant Improvements in accordance with the Plans. The contractor selected to perform the Tenant Improvements is X. X. Xxxxxx (the "Contractor"). Promptly following issuance of building permits, or on such earlier date permitted under law (e.g., demolition work), Landlord shall cause the Contractor to commence construction of the Tenant Improvements and diligently prosecute the same to completion in a so-called “as-is” condition good and agrees that Landlord workmanlike manner in accordance with the Plans and in accordance with applicable laws, including the Americans with Disabilities Act ("ADA"). Neither party shall have the right to require extra work or change orders with respect to the construction of the Tenant Improvements without the prior written consent of the other, which consent shall not be required unreasonably withheld or delayed. All change orders shall specify any change in the cost as a consequence of the change order. The commencement of Tenant's obligation to perform any pay rent pursuant to the terms of this Lease shall not be delayed as a result of extra work whatsoever therein, except as expressly set forth or a change order requested by Tenant. As used in this LeaseSection 3.1., the cost of providing the Tenant Improvements shall include all soft costs, including without limitation, architect's fees, fees for permits, consulting engineer fees, contractor fees, inspection fees, fees for testing services and fees for processing and completing changes to the Plans, in addition to actual hard costs of construction. In Landlord agrees that it shall not charge any supervision fee or registration fee for Landlord's or its construction manager's time spent in supervising or monitoring the event demolition is required of any existing improvements, Tenant agrees to undertake same at Tenant’s sole cost and expense as a portion construction of the Tenant Improvements. In addition, the cost of the Tenant Improvements shall not include and Landlord shall be solely responsible for (and Tenant shall have no responsibility for, and the Tenant Improvement allowance described above shall not be used towards) the following: (a) costs attributable to improvements installed outside the demising walls of the demised premises unless such are part of the Tenant Improvements; (b) costs for improvements which are not shown on or described in the Plans unless otherwise approved by Tenant; (c) costs incurred to remove hazardous materials or substances from the demised premises or the surrounding area; (d) interest and other costs of financing construction costs; (e) costs recoverable by Landlord upon account of warranties and insurance; (f) the premium for Landlord's builder's risk insurance; (g) restoration costs in excess of insurance proceeds as a consequence of casualties, provided that the deductible (not to exceed $10,000.00) applicable to any casualty shall be included as part of the Tenant Improvements; and (h) wages, labor and overhead for overtime and premium time (unless approved by Tenant). Notwithstanding the foregoing anything in this Lease to the contrary, Landlord agrees that it will deliver shall (at its cost) be responsible for improvement work required to be performed in or on the exterior of the building, the Common Areas, the Parking Facilities, the structural portions of the building or portions of the building outside of the demised premises (i) to satisfy requirements of the Americans with Disabilities Act ("ADA") and (ii) to satisfy requirements of applicable laws, rules, codes and regulations applicable to such areas generally because of construction work being performed in the building (and not specifically in connection with or required as part of the Tenant Improvements due to the particular nature thereof); and Tenant (at its cost or as part of the Tenant Improvement allowance) shall be responsible for the cost of improvement work (i) in the interior of the demised premises required to be performed in connection with the Tenant Improvements to satisfy requirements of applicable laws, rules, codes and regulations (including the ADA), and (ii) in or on the exterior of the building, the Common Areas, the Parking Facilities, the structural portions of the building or portions of the building outside the demised premises, to satisfy requirements of applicable laws, rules, codes and regulations triggered specifically in connection with, or required as part of, the Tenant Improvements due to the particular nature thereof. Notwithstanding anything in this Lease to the contrary, Landlord shall (at its cost) replace the 20-ton air conditioning unit No. 5 ("A/C #5 Unit") serving the first floor of the building and, in the event Tenant exercises its option to lease the expansion space as provided in Section 19.21, the 15-ton air conditioning unit No. 6 ("A/C #6 Unit") serving the second floor of the building. Landlord shall use reasonable business efforts to replace the A/C #5 Unit prior to the Commencement Date and, if Tenant exercises its option to lease the expansion space, the A/C #6 Unit prior to delivery of possession of the expansion space to Tenant with the existing electricalTenant Improvements completed (in both instances, HVAC subject to Unavoidable Delays). Notwithstanding anything in this Lease to the contrary, no delay in the completion of the replacement of the A/C #5 Unit (or the A/C #6 Unit, if at all) shall delay the commencement of rent as to the demised premises or the expansion space, as the case may be. If Landlord does not replace the A/C #5 Unit prior to the Commencement Date or the A/C #6 Unit (if at all) prior to delivery of possession of the expansion space to Tenant with the Tenant Improvements completed, then Landlord shall replace such Unit(s) at a time which will cause the least amount of disruption to Tenant's business in the demised premises (i.e., on the weekend or before 8:00 am or after 6:00 pm). Except for the work described in this Section 3.1., and plumbing systems serving except as provided in Section 11.5 below, Tenant, upon substantial completion of such work as reasonably certified by the Architect, shall accept the demised premises in good working orderan "as is" condition subject to the punch list items described in the following sentence. In Tenant shall, within thirty (30) days of certification by Landlord and Landlord's Contractor that the event Tenant provides written notice to Improvements are substantially complete, notify Landlord of the need for maintenance or repair and Contractor of any building systems items of work that are defective or any HVAC units, electrical incomplete. Landlord shall thereafter diligently pursue on Tenant's behalf the correction or plumbing items within ninety (90) days after the Commencement Date, Landlord shall, at Landlord’s sole expense (provided the need for such maintenance and repairs was not caused by Tenant), which costs shall not be passed along to Tenant pursuant to Section 11.3, perform any such maintenance and repairs. After the end completion of such 90-day period, any maintenance, repair or replacement thereof shall be performed by Landlord, and the costs reimbursed by Tenant, pursuant to the provisions of Section 11.3 hereof. In the event Tenant provides written notice to Landlord of the need for maintenance or repair of the roof within one hundred eighty (180) days after the Commencement Date, Landlord shall, at Landlord’s sole expense (provided the need for such maintenance and repairs was not caused by Tenant), which costs shall not be passed along to Tenant pursuant to Section 11.3, perform any such maintenance and repairs. After the end of such 180-day period, any maintenance, repair or replacement thereof shall be performed by Landlord, and the costs reimbursed by Tenant, pursuant to the provisions of Section 11.3 hereofsaid items.

Landlord’s Work - Tenant’s Work. Section 3.1 Within thirty (30) days from the Effective Date hereof, Tenant accepts shall submit its Plans for Tenant's Work to Landlord for approval. If Landlord notifies Tenant that changes to Tenant's Plans are necessary for Landlord to approve the demised premises Plans, Tenant shall submit revised Plans to Landlord within five (5) business following receipt of such notice. Once Landlord has approved the Plans, Tenant shall submit sealed drawings to Springfield Township for approval thereof within five (5) business following Landlord's approval. Upon receipt of a building permit from Springfield Township, Landlord shall complete construction of its required improvements (the "Landlord's Work") in substantial compliance with the "Landlord's Work Letter" at Exhibit C-1 attached hereto, with such minor variations as Landlord in its reasonable discretion may deem advisable. Landlord's Work shall be done in a so-called “as-is” condition first class, professional and agrees workmanlike manner. When Landlord certifies in writing to Tenant that Landlord shall not be required has completed that portion of Landlord's Work such that the Premises is ready for commencement of Tenant's Work ("Tenant's Work Notice"), Tenant agrees to accept possession thereof and to proceed with due diligence to perform any work whatsoever therein, except Tenant's Work as expressly set forth described in this Leasethe "Tenant Criteria Manual" in Exhibit C-2. Tenant shall complete Tenant's Work within one hundred twenty (120) days (the "Fixturization Period") following receipt of Tenant's Work Notice. In the event demolition is required of that Tenant fails to meet any existing improvements, Tenant agrees to undertake same at Tenant’s sole cost and expense as a portion of the Tenant Improvements. Notwithstanding the foregoing to the contrarytimeframes identified in this Section 3.2, Landlord agrees that it will deliver may reduce Tenant's Fixturization Period by one (1) day for every day of delay by Tenant in meeting such timeframes. If Tenant is unsuccessful in procuring the demised premises permits and approvals for the Premises, Landlord shall have the right, to Tenant with pursue the existing electrical, HVAC and plumbing systems serving the demised premises in good working ordersame on Tenant's behalf. In the event of any dispute as to work performed or required to be performed by Landlord or Tenant provides pursuant to Exhibit C-2, the certificate of Landlords architect or engineer shall be conclusive. Any claim regarding delays by either party shall be raised by written notice to Landlord of the need for maintenance or repair of any building systems or any HVAC units, electrical or plumbing items within ninety (90) days after the Commencement Date, Landlord shall, at Landlord’s sole expense (provided the need for such maintenance and repairs was not caused by Tenant), which costs shall not be passed along to Tenant pursuant to Section 11.3, perform any such maintenance and repairs. After the end of such 90-day period, any maintenance, repair or replacement thereof shall be performed by Landlord, and the costs reimbursed by Tenant, pursuant to the provisions of Section 11.3 hereof. In the event Tenant provides written notice to Landlord of the need for maintenance or repair of the roof within one hundred eighty (180) days after the Commencement Date, Landlord shall, at Landlord’s sole expense (provided the need for such maintenance and repairs was not caused by Tenant), which costs shall not be passed along to Tenant pursuant to Section 11.3, perform any such maintenance and repairs. After the end of such 180-day period, any maintenance, repair or replacement thereof shall be performed by Landlord, and the costs reimbursed by Tenant, pursuant to the provisions of Section 11.3 hereofother party.

Landlord’s Work - Tenant’s Work. Landlord, at its sole option, may perform the entire work necessary to restore both the shell of the Building and Original Improvements, or may require Tenant to perform the construction necessary to restore the Original Improvements, if the same were constructed by Tenant and not by Landlord and comprise a substantial portion of the improvements in the Premises. Provided Landlord performs the entirety of the work, Tenant shall assign to Landlord (or any party designated by Landlord) all insurance proceeds payable to Tenant under Tenant’s insurance required under Section 3.1 10.3 of this Lease. If Tenant’s insurance proceeds are insufficient to cover the costs of restoring the Original Improvements in the Premises, Tenant accepts shall deposit the demised premises in a so-called “as-is” condition difference with Landlord prior to the commencement of construction. Notwithstanding anything to the contrary contained herein, if Landlord elects to restore and Tenant fails to perform any of its obligations hereunder, or an event of Default has occurred, Landlord may cease performing the restoration work and Landlord’s obligations under this Section 11 shall be forgiven until such time as such Default is cured pursuant to the terms of this Lease. Tenant may reasonably reconfigure the Premises during restoration provided (a) reconfiguration will not delay restoration and (b) Tenant’s insurance proceeds and/or separate contribution from Tenant will be sufficient to pay for the costs of reconfiguration. Tenant understands and agrees that changes in building codes/ADA may require reconfiguration of the Premises even where Tenant desires to retain the existing configuration. Landlord shall not be required to perform liable for any work whatsoever thereinloss of business inconvenience or annoyance arising from any repair or restoration of the Premises, except Building or Project as expressly set forth in this Lease. In the event demolition is required a result of any existing improvements, Tenant agrees to undertake same at Tenant’s sole cost and expense as a portion of the Tenant Improvements. Notwithstanding the foregoing to the contrary, Landlord agrees that it will deliver the demised premises to Tenant with the existing electrical, HVAC and plumbing systems serving the demised premises in good working order. In the event Tenant provides written notice to Landlord of the need for maintenance damage from fire or repair of any building systems or any HVAC units, electrical or plumbing items within ninety (90) days after the Commencement Date, Landlord shall, at Landlord’s sole expense (provided the need for such maintenance and repairs was not caused by Tenant), which costs shall not be passed along to Tenant pursuant to Section 11.3, perform any such maintenance and repairs. After the end of such 90-day period, any maintenance, repair or replacement thereof shall be performed by Landlord, and the costs reimbursed by Tenant, pursuant to the provisions of Section 11.3 hereof. In the event Tenant provides written notice to Landlord of the need for maintenance or repair of the roof within one hundred eighty (180) days after the Commencement Date, Landlord shall, at Landlord’s sole expense (provided the need for such maintenance and repairs was not caused by Tenant), which costs shall not be passed along to Tenant pursuant to Section 11.3, perform any such maintenance and repairs. After the end of such 180-day period, any maintenance, repair or replacement thereof shall be performed by Landlord, and the costs reimbursed by Tenant, pursuant to the provisions of Section 11.3 hereofother casualty.