Landlord’s Work. Landlord shall perform improvements (the “Landlord’s Work”) in the Premises in accordance with the attached Work Letter and all such improvements shall be in compliance with all applicable laws, codes and regulations. Landlord shall engage The Richmond Group as the general contractor for the performance of the tenant improvements in the Work Letter that are identified with an “X” in the column labeled “Tenant” (the ‘‘Tenant Items”). The items on the Work Letter that are identified with an “X” in the column labeled “Landlord” shall be performed by Landlord at Landlord’s sole cost and expense with contractors chosen at Landlord’s sole and absolute discretion. All costs for the Tenant Items in the Work Letter shall be paid solely with funds from the TI Allowance (defined below). Notwithstanding anything herein to the contrary, Landlord shall not be required to spend more than the TI Allowance (defined below) for the Tenant Items and any cost of the portions of Landlord’s Work that are Tenant Items which are in excess of the TI Allowance shall be paid by Tenant. For purposes of this Lease, “substantial completion” of Landlord’s Work shall be deemed to occur when the Premises are ready for Tenant’ occupancy except for minor items which do not cause material interference with Tenant’s use and occupancy of the Premises with Landlord having obtained a certificate of occupancy for the Premises. If substantial completion of Landlord’s Work is delayed by a Tenant Delay, then substantial completion shall be deemed to occur on the date on which the Landlord’s Work in the Premises would have been substantially completed but for the occurrence of any Tenant Delay. As used herein, a “Tenant Delay” shall mean each day of delay in the performance of the Landlord’s Work that occurs (a) because of Tenant’s failure to timely deliver or approve any required documentation such as any design or space plans (it being agreed that Tenant shall have a reasonable time to review and comment on any such design or space plan, which reasonable time shall be no less than five (5) business days), (b) because of any change by Tenant to any design or space plans after the same have been approved as final by Tenant in writing, or (c) because Tenant or its employees, agents, or contractors otherwise delay completion of the Landlord’s Work. On or before October 15 2018, Tenant’s architect shall deliver all plans, drawings, narratives and other materials required for submission of a TAA to Massport. For avoidance of doubt, Tenant’s failure to cause its architect to delivery such plans by such date shall be a Tenant Delay. In the event Tenant does not spend the entire TI Allowance, all remaining TI Allowance funds shall remain property of Landlord. Tenant shall not be obligated to pay any charge for the use of the building services (including, but not limited to, parking, freight elevators, loading docks, air handling capacity, utilization of the building chases for ducting purposes, and electricity) during construction of Landlord’s Work or during Tenant’s move into the Premises. The loading dock which may be used by Tenant during the Term shall be identified on a ground floor plan to be attached hereto as Exhibit A-1. Landlord shall provide for Tenant’s exclusive use a generator with an output not to exceed 250kW. Landlord shall contribute an amount not to exceed $50,000 towards the generator costs, which shall include but are not limited to the procurement and installation of the generator and transfer switch (collectively, the “Generator Installation Costs”), but shall exclude any costs related to any dunnage installation to the Building necessary to install the generator (the “Generator Dunnage Costs”). The Generator Dunnage Costs shall be the sole responsibility of Landlord. All Generator Installation Costs in excess of Landlord’s $50,000 contribution, exclusive of the Generator Dunnage Costs, shall be borne by Tenant. In addition, Tenant shall have the right, subject to Article 6.2.4, to install HVAC equipment, antennas and satellite dishes on the roof or other part of the Building.
Appears in 2 contracts
Sources: Lease Agreement (Akouos, Inc.), Lease Agreement (Akouos, Inc.)
Landlord’s Work. Except as otherwise provided herein, Landlord shall perform improvements pay the aggregate cost of Landlord’s Work and Tenant shall pay the Initial Excess as increased or decreased, as the case may be, by any aggregate net increase or decrease in the cost of Landlord’s Work resulting from any and all Changes approved or deemed approved by Tenant hereunder (collectively, the “Landlord’s Work”) in the Premises in accordance with the attached Work Letter and all such improvements shall be in compliance with all applicable laws, codes and regulations. Landlord shall engage The Richmond Group as the general contractor for the performance of the tenant improvements in the Work Letter that are identified with an “X” in the column labeled “Tenant” (the ‘‘Tenant ItemsExcess”), plus the cost of all work other than Landlord’s Work and Landlord’s Additional Work, if any, which Tenant may elect to do in order to make the Expansion Space ready for Tenant’s occupancy and which has been approved by Landlord pursuant to Paragraph 6E below. Tenant shall pay the Landlord’s Work Excess as provided in ▇▇▇▇▇▇▇▇▇ ▇▇ ▇▇▇▇▇, and Tenant shall pay the cost of such other work, if any, directly to the persons or entities performing such other work. The items on the Work Letter that are identified with an “X” in the column labeled “Landlord” shall be performed by Landlord at Landlord’s sole cost and expense with contractors chosen at Landlord’s sole and absolute discretion. All costs for the Tenant Items in the Work Letter shall be paid solely with funds from the TI Allowance (defined below). Notwithstanding anything herein to the contrary, Landlord shall not be required to spend more than the TI Allowance (defined below) for the Tenant Items and any cost of the portions of Landlord’s Work” as used in this Workletter shall include all costs incurred by Landlord to plan, design and perform Landlord’s Work that are as specified by the Tenant Items which are in excess of Plans and any approved (or deemed approved) revisions thereof (including any Change), including without limitation, the TI Allowance shall be paid by Tenant. For purposes of this Lease, “substantial completion” fees and charges of Landlord’s Work shall be deemed Architect, Landlord’s Engineer and Landlord’s Contractor, all permit and inspection fees and charges, and any costs incurred by or charged to occur when Landlord for (i) unforeseen field conditions, (ii) substitution of materials or finishes due to the Premises are ready for Tenant’ occupancy except for minor items which do not cause material interference with Tenant’s use and occupancy unavailability of materials or finishes specified in the Premises with Landlord having obtained a certificate of occupancy for the Premises. If Tenant Plans (as revised) that would materially delay substantial completion of Landlord’s Work is delayed by a Tenant DelayWork, then substantial completion shall be deemed to occur on the date on which the Landlord’s Work in the Premises would have been substantially completed but for the occurrence (iii) necessary modification of any Tenant Delay. As used herein, a “Tenant Delay” shall mean each day of delay in the performance portions of the Landlord’s Work that occurs (a) because of Tenant’s failure to timely deliver or approve any required documentation such as any design or space plans (it being agreed that Tenant shall have a reasonable time to review and comment on any such design or space plan, which reasonable time shall be no less than five (5) business days), (b) because of any change by Tenant to any design or space plans after the same have been approved as final by Tenant in writing, or (c) because Tenant Building or its employees, agents, or contractors otherwise delay completion of the systems to accommodate Landlord’s Work. On or before October 15 2018, Tenant’s architect shall deliver all plans, drawings, narratives and other materials required for submission of a TAA to Massport. For avoidance of doubt, Tenant’s failure to cause its architect to delivery such plans by such date shall be a Tenant Delay. In the event Tenant does not spend the entire TI Allowance, all remaining TI Allowance funds shall remain property of Landlord. Tenant shall not be obligated to pay any charge for the use of the building services (including, but not limited to, parking, freight elevators, loading docks, air handling capacity, utilization of the building chases for ducting purposes, and electricity(iv) during construction any Change to comply with applicable laws, regulations, codes or ordinances and/or the requirements of any building inspector with jurisdiction over Landlord’s Work or during Tenant’s move into the Premises. The loading dock which may be used by Tenant during the Term shall be identified on a ground floor plan to be attached hereto as Exhibit A-1. Landlord shall provide for Tenant’s exclusive use a generator with an output not to exceed 250kW. Landlord shall contribute an amount not to exceed $50,000 towards the generator costs, which shall include but are not limited to the procurement and installation of the generator and transfer switch (collectively, the “Generator Installation Costs”), but shall exclude any costs related to any dunnage installation to the Building necessary to install the generator (the “Generator Dunnage Costs”). The Generator Dunnage Costs shall be the sole responsibility of Landlord. All Generator Installation Costs in excess of Landlord’s $50,000 contribution, exclusive of the Generator Dunnage Costs, shall be borne by Tenant. In addition, Tenant shall have the right, subject to Article 6.2.4, to install HVAC equipment, antennas and satellite dishes on the roof or other part of the BuildingWork.
Appears in 2 contracts
Sources: Office Lease (Archipelago Holdings L L C), Office Lease (Archipelago Holdings L L C)
Landlord’s Work. Landlord shall perform improvements construct the base-building elements of the Building (the “Landlord’s "Base Building Work”) in "), the Premises sitework on the Land, and the parking structure and surface parking areas on the Land, all in accordance with the Design Specifications attached hereto as Schedule I (collectively, "Landlord's Work"). All of Landlord's Work Letter and all such improvements shall be performed in compliance a good and workmanlike manner, in accordance with plans and specifications ("Landlord's Plans") mutually approved by Landlord and Tenant. Tenant's approval of Landlord's Plans shall not be unreasonably withheld, conditioned or delayed, and Tenant shall not be entitled to condition its approval of Landlord's Plans upon the inclusion therein of any design specifications that are inconsistent with the Design Specifications attached hereto as Schedule I (including requiring a higher performance standard than any performance standard expressly set forth in Schedule I). Tenant shall respond to any request for approval of Landlord's Plans, or any portion or progress set thereof, or any modifications thereto, as promptly as reasonably possible and in any event within ten (10) business days in the case of the original complete set of Landlord's Plans and any structural modifications thereto and within two (2) business days in the case of any nonstructural modifications to Landlord's Plans, and Tenant's failure to respond within such time periods shall be referred to herein and in the Lease as a "Tenant Delay." In the event Tenant disapproves Landlord's Plans or any portion thereof or any modifications thereto, Tenant's notice of disapproval shall specify in detail the reasonable basis for such disapproval. Landlord shall promptly make such revisions to Landlord's Plans as may be necessary to address Tenant's reasonable objections, and shall resubmit Landlord's Plans to Tenant for Tenant's approval. Tenant shall review such revised plans as promptly as reasonably possible and notify Landlord whether Tenant approves or reasonably disapproves Landlord's Plans as modified. This process shall be repeated, if necessary, until Tenant's reasonable objections to Landlord's Plans have been addressed and Tenant has approved Landlord's Plans. After approval of Landlord's Plans, Tenant shall have the right to initiate changes to Landlord's Plans or Landlord's Work, subject to (i) Landlord's approval of any such proposed change, which approval shall not be unreasonably withheld, conditioned or delayed, and (ii) Landlord's and Tenant's mutual agreement concerning (and execution of a change order or other written confirmation of) (A) any net increase in design or construction costs resulting from such change, all of which increased costs shall be borne solely by Tenant, and (B) any delay such change will cause in the completion of Landlord's Work or the achievement of any milestone date(s), which delay shall not extend the Lease Commencement Date or the commencement of Tenant's rental obligations under the Lease (but shall appropriately extend any affected milestone date(s)) and shall be deemed a "Tenant Delay" for purposes hereof and of the Lease. Landlord shall be responsible for causing Landlord's Work to comply with all applicable lawslegal requirements, codes including (without limitation) requirements of building codes, environmental laws and regulations. the Americans with Disabilities Act, and Landlord shall engage The Richmond Group as indemnify Tenant and hold it harmless with respect to any loss, cost, damage or liability resulting from Landlord's breach of this obligation (which indemnification shall survive the general contractor for the performance expiration or termination of the tenant improvements in the Work Letter that are identified with an “X” in the column labeled “Tenant” (the ‘‘Tenant Items”Lease). The items on In constructing the Work Letter that are identified with an “X” in the column labeled “Landlord” shall be performed by Landlord at Landlord’s sole cost and expense with contractors chosen at Landlord’s sole and absolute discretion. All costs for the Tenant Items in the Work Letter shall be paid solely with funds from the TI Allowance (defined below). Notwithstanding anything herein to the contraryBase Building Work, Landlord shall not be required perform and install all work and materials designated "Base Building" in Schedule II attached hereto. In performing the Base Building Work, Landlord shall use best efforts to spend more than achieve the TI Allowance (defined below) for milestone dates set forth in Schedule III attached hereto. In the Tenant Items and event Landlord fails to achieve any cost of said milestone dates, except to the portions of Landlord’s Work that are Tenant Items which are in excess of the TI Allowance shall be paid extent such failure is caused by Tenant. For purposes of this Lease, “substantial completion” of Landlord’s Work shall be deemed to occur when the Premises are ready for Tenant’ occupancy except for minor items which do not cause material interference with Tenant’s use and occupancy of the Premises with Landlord having obtained a certificate of occupancy for the Premises. If substantial completion of Landlord’s Work is delayed by a any Tenant Delay, then substantial completion the December 29, 1995 date set forth in Section 3.2 of the Lease shall be deemed to occur on the date on which the Landlord’s Work in the Premises would have been substantially completed but extended by one (1) day for the occurrence of any Tenant Delay. As used herein, a “Tenant Delay” shall mean each day of delay in achieving the performance of milestone date; provided, however, that such extension shall not occur if (and then only to the Landlord’s Work extent) Landlord and Tenant mutually agree and acknowledge in writing that occurs (a) because of Tenant’s failure to timely deliver or approve any required documentation such as any design or space plans (it being agreed that Tenant shall have a reasonable time to review and comment on any such design or space plan, which reasonable time shall be no less than five (5) business days), (b) because of any change by Tenant to any design or space plans after the same have been approved as final by Tenant in writing, or (c) because Tenant or its employees, agents, or contractors otherwise delay completion of the Tenant Work (as defined below) was not delayed by reason of the delay in achieving Landlord’s Work's milestone date. On or before October 15 2018Tenant agrees to use good faith reasonable efforts to counter the effect of any delay by Landlord in achieving any milestone date; however, Tenant’s architect shall deliver all plans, drawings, narratives and other materials required for submission of a TAA to Massport. For avoidance of doubt, Tenant’s failure to cause its architect to delivery such plans by such date shall be a Tenant Delay. In the event Tenant does not spend the entire TI Allowance, all remaining TI Allowance funds shall remain property of Landlord. Tenant shall not be obligated to pay expend any charge for the use of the building services additional amounts in such efforts (includinge.g., but by employing overtime labor) unless Landlord agrees in advance to bear any incremental cost associated with such efforts (whether or not limited to, parking, freight elevators, loading docks, air handling capacity, utilization of the building chases for ducting purposes, and electricity) during construction of Landlord’s Work or during Tenant’s move into the Premises. The loading dock which may be used by Tenant during the Term shall be identified on a ground floor plan to be attached hereto as Exhibit A-1. Landlord shall provide for Tenant’s exclusive use a generator with an output not to exceed 250kW. Landlord shall contribute an amount not to exceed $50,000 towards the generator costs, which shall include but such efforts are not limited to the procurement and installation of the generator and transfer switch (collectively, the “Generator Installation Costs”ultimately successful), but shall exclude any costs related to any dunnage installation to the Building necessary to install the generator (the “Generator Dunnage Costs”). The Generator Dunnage Costs shall be the sole responsibility of Landlord. All Generator Installation Costs in excess of Landlord’s $50,000 contribution, exclusive of the Generator Dunnage Costs, shall be borne by Tenant. In addition, Tenant shall have the right, subject to Article 6.2.4, to install HVAC equipment, antennas and satellite dishes on the roof or other part of the Building.
Appears in 2 contracts
Sources: Lease Agreement (American Management Systems Inc), Lease Agreement (American Management Systems Inc)
Landlord’s Work. (a) For purposes of this lease, "Landlord's Work" means, collectively, the alterations and improvements to the demised premises to be constructed and/or installed by Landlord shall perform improvements (the “Landlord’s Work”) in the Premises in accordance with the terms and conditions of this lease, as more particularly described in Exhibit ________ attached Work Letter to and all such improvements shall be in compliance with all applicable laws, codes and regulationshereby made a part of this lease. Landlord shall engage The Richmond Group as use commercially reasonable efforts to "Substantially Complete" the general contractor for the performance of the tenant improvements in the Landlord's Work Letter that are identified with an “X” in the column labeled “Tenant” not later than ________, 20________ (the ‘‘Tenant Items”"Substantial Completion Target Date"). The items on the Work Letter that are identified with an “X” in the column labeled “Landlord” shall be performed by Landlord at Landlord’s sole cost and expense with contractors chosen at Landlord’s sole and absolute discretion. All costs for the Tenant Items in the Work Letter shall be paid solely with funds from the TI Allowance (defined below). Notwithstanding anything herein to the contrary, Landlord shall not be required to spend more than the TI Allowance (defined below) for the Tenant Items and any cost of the portions of Landlord’s Work that are Tenant Items which are in excess of the TI Allowance shall be paid by Tenant. For purposes of this Leaselease, “substantial completion” of Landlord’s ▇▇▇▇▇▇▇▇'s Work shall be deemed to occur when the Premises are ready for Tenant’ occupancy except for minor items which do not cause material interference with Tenant’s use and occupancy be "Substantially Complete" as of the Premises with Landlord having obtained a certificate of occupancy for the Premises. If substantial completion of Landlord’s Work is delayed by a Tenant Delay, then substantial completion shall be deemed to occur on the date on which the general contractor or the architect employed by Landlord with respect to the construction and/or installation of Landlord’s 's Work shall certify in the Premises would have writing to Landlord that: (i) Landlord's Work has been substantially completed but in all material respects substantially in accordance with the approved plans and specifications therefor, if any; and (ii) a temporary or permanent certificate of occupancy has been issued by the governmental authority having jurisdiction with respect to Landlord's Work or the governmental authority having jurisdiction with respect to Landlord's Work has otherwise evidenced its approval of Landlord's Work. Landlord shall have no liability whatsoever to Tenant in the event that Landlord shall fail for any reason whatsoever to Substantially Complete Landlord's Work on or before the Substantial Completion Target Date (including, without limitation, for any damages that Tenant may suffer as a result thereof or in connection therewith); provided, however, in such event, Landlord shall use commercially reasonable efforts to Substantially Complete Landlord's Work as soon as possible thereafter. Landlord shall use commercially reasonable efforts to complete any portions or aspects of Landlord's Work which shall be incomplete as of the date of Substantial Completion of Landlord's Work as soon as possible thereafter. Notwithstanding anything to the contrary set forth elsewhere in this lease, Tenant hereby acknowledges and agrees that the construction and/or installation of Landlord's Work by Landlord shall not be deemed in any way to constitute a condition precedent to the occurrence of the Commencement Date (as such date is set forth in Paragraph 1.3 of this lease) or to the effectiveness of any Tenant Delay. As used herein, a “Tenant Delay” shall mean each day of delay in the performance of the Landlord’s Work that occurs agreements or obligations of Tenant set forth in this lease with respect to the demised premises (a) because including, without limitation, the commencement of Tenant’s failure the obligation to timely deliver or approve any required documentation such pay Rent by ▇▇▇▇▇▇ as any design or space plans (it being agreed that Tenant shall have a reasonable time to review and comment on any such design or space plan, which reasonable time shall be no less than five (5) business daysof the Commencement Date), .
(b) because Landlord's Work shall be constructed and/or installed by Landlord using contractors (and subcontractors, if deemed necessary by Landlord) selected by Landlord, in Landlord's sole and absolute discretion, as having experience in connection with the construction and/or installation of any change alterations and improvements similar in nature to Landlord's Work. Landlord's Work shall be constructed and/or installed in a good and workerlike manner, in accordance with all applicable federal, state and local laws, ordinances, rules and regulations. All of the costs and expenses incurred by Tenant to any design or space plans after Landlord in connection with the same have been approved as final construction and/or installation of Landlord's Work shall be paid by Tenant in writingLandlord, or at ▇▇▇▇▇▇▇▇'s sole cost and expense.
(c) because Except to the limited extent, if any, set forth elsewhere in this lease, Tenant hereby acknowledges and agrees that: (i) Landlord has made no representations or its employeeswarranties whatsoever to Tenant with respect to the demised premises, agentsthe condition of the demised premises, or contractors otherwise delay completion the suitability for use by Tenant of the Landlord’s Work. On demised premises in connection with the business operations of Tenant; and (ii) Landlord has no obligation to Tenant whatsoever, pursuant to this lease or before October 15 2018otherwise, Tenant’s architect shall deliver all plans, drawings, narratives and other materials required for submission of a TAA with respect to Massport. For avoidance of doubt, Tenant’s failure obtaining or maintaining during or prior to cause its architect to delivery such plans by such date shall be a Tenant Delay. In the event Tenant does not spend the entire TI Allowance, all remaining TI Allowance funds shall remain property of Landlord. Tenant shall not be obligated to pay any charge for the use of the building services (including, but not limited to, parking, freight elevators, loading docks, air handling capacity, utilization of the building chases for ducting purposes, and electricity) during construction of Landlord’s Work or during Tenant’s move into the Premises. The loading dock which may be used by Tenant during the Term shall be identified on a ground floor plan to be attached hereto as Exhibit A-1. Landlord shall provide for Tenant’s exclusive any governmental approvals, consents, licenses, permits or certificates of use a generator with an output not to exceed 250kW. Landlord shall contribute an amount not to exceed $50,000 towards the generator costs, which shall include but are not limited to the procurement and installation of the generator and transfer switch or occupancy (collectively, the “Generator Installation Costs”)"Governmental Authorizations") that shall or may be a condition of, but required or necessary for, or desired by Tenant in connection with, the use or occupancy of the demised premises by Tenant pursuant to this lease and that any and all such Governmental Authorizations that shall exclude or may be such a condition of or so required, necessary or desired in connection with the use or occupancy of the demised premises by Tenant pursuant to this lease shall be obtained and/or maintained by Tenant, at ▇▇▇▇▇▇'s sole cost and expense. The obtaining of any costs related to any dunnage installation such Governmental Authorizations shall not be a condition precedent to the Building necessary commencement of the Term on the Commencement Date or to install the generator effectiveness of any of the covenants or obligations of Tenant that pursuant to the terms and conditions of this lease commence as of the Commencement Date (including, without limitation, the “Generator Dunnage Costs”covenants and obligations of Tenant set forth in this lease with respect to the payment of Rent). The Generator Dunnage Costs shall be the sole responsibility of Landlord. All Generator Installation Costs in excess of Landlord’s $50,000 contribution, exclusive of the Generator Dunnage Costs, shall be borne by Tenant. In addition, Tenant shall have the rightFurthermore, subject to Article 6.2.4the performance of ▇▇▇▇▇▇▇▇'s Work, Tenant hereby acknowledges and agrees that: (A) the demised premises are being leased to Tenant by Landlord in their "as is, where is and with all defects" condition as of the Commencement Date; and (B) Landlord shall have no obligation whatsoever, pursuant to this lease or otherwise, to install HVAC equipment, antennas and satellite dishes on make any alterations or improvements to or with respect to the roof or other part of the Buildingdemised premises.
Appears in 2 contracts
Sources: Warehouse Lease, Warehouse Lease
Landlord’s Work. (a) On the Commencement Date, Landlord shall perform improvements deliver the demised premises to Tenant in its “as- is” condition, subject to the following (the collectively, “Landlord’s Work”): (i) all existing furniture, fixtures and equipment identified on the inventory schedule annexed hereto as Exhibit C shall remain in the Premises in accordance with demised premises (collectively, the attached Work Letter and “Furniture”); (ii) all such improvements building systems shall be in compliance good working order and delivered fully functional; (iii) all data and telecommunication infrastructure shall be in place with all applicable laws, codes termination points un-cut and regulations. in good working order; (iv) any and all damage caused by the existing tenant’s move-out shall be repaired; and (v) Landlord shall engage The Richmond Group as the general contractor provide Tenant with a clean ACP-5 for the performance of the tenant improvements in the demised premises. Landlord’s Work Letter that are identified with an “X” in the column labeled “Tenant” (the ‘‘Tenant Items”). The items on the Work Letter that are identified with an “X” in the column labeled “Landlord” shall be performed by Landlord at Landlord’s its sole cost and expense expense, subject to the limitations set forth in Section 89(b) below, in a first class and good and workmanlike manner and in accordance with contractors chosen applicable laws. Landlord shall endeavor to give Tenant five (5) days’ advance notice of the Commencement Date.
(b) Notwithstanding anything to the contrary contained herein, during the Term, Tenant shall have the right to use the Furniture at Landlord’s sole no additional cost to Tenant. Tenant hereby acknowledges that it is taking the Furniture in its “AS -IS, WHERE IS” condition with any and absolute discretionall faults existing on the date hereof, and that Landlord makes no representations or warranties as to the merchantability or condition of the Furniture. All costs for the Tenant Items in the Work Letter The Furniture shall be paid solely with funds from the TI Allowance (defined below). Notwithstanding anything herein property of Tenant, and to the contraryextent any Furniture is damaged, destroyed, or in need of repair, Landlord shall not be required under no obligation to spend more than repair and/or replace same, all of which repair work and/or replacements shall be the TI Allowance responsibility of Tenant.
(defined belowc) for Notwithstanding anything to the Tenant Items and any cost of contrary contained herein, in the portions of event Landlord is delayed in completing Landlord’s Work that are due to delay caused by Tenant Items which are in excess and Tenant does not cease such delay within two (2) days of receiving written notice of such delay (a “Tenant Delay”), the TI Allowance shall be paid by Tenant. For purposes of this Lease, “substantial completion” of applicable Landlord’s Work shall be deemed to occur when the Premises are ready for Tenant’ occupancy except for minor items which do not cause material interference with Tenant’s use and occupancy of the Premises with Landlord having obtained a certificate of occupancy for the Premises. If substantial completion of Landlord’s Work is delayed by a Tenant Delay, then substantial completion shall be deemed to occur substantially completed on the date on which the Landlord’s Work in the Premises it reasonably would have been substantially completed but for the occurrence of any Tenant Delay, and the Commencement Date shall be the date it would have been but for the Tenant Delay. As used hereinTenant agrees that in the event its contractors and subcontractors are performing any Tenant’s Work simultaneously with the performance Landlord’s Work, a “Tenant Delay” shall mean each day will use commercially reasonable efforts to minimize interference with Landlord’s performance of delay in Landlord’s Work; should Tenant’s Work interfere with the performance of Landlord’s Work, the Commencement Date shall be the date Landlord’s Work that occurs (a) because of Tenant’s failure to timely deliver or approve any required documentation such as any design or space plans (it being agreed that Tenant shall have a reasonable time to review and comment on any such design or space plan, which reasonable time shall be no less than five (5) business days), (b) because of any change by Tenant to any design or space plans after the same would have been approved as final by Tenant in writing, or (c) because Tenant or its employees, agents, or contractors otherwise delay completion of completed but for the Landlord’s Work. On or before October 15 2018, Tenant’s architect shall deliver all plans, drawings, narratives and other materials required for submission of a TAA to Massport. For avoidance of doubt, Tenant’s failure to cause its architect to delivery such plans by such date shall be a Tenant Delay. In the event Tenant does not spend the entire TI Allowance, all remaining TI Allowance funds shall remain property of Landlord. Tenant shall not be obligated to pay any charge for the use of the building services (including, but not limited to, parking, freight elevators, loading docks, air handling capacity, utilization of the building chases for ducting purposes, and electricity) during construction of Landlord’s Work or during Tenant’s move into the Premises. The loading dock which may be used by Tenant during the Term shall be identified on a ground floor plan to be attached hereto as Exhibit A-1. Landlord shall provide for Tenant’s exclusive use a generator with an output not to exceed 250kW. Landlord shall contribute an amount not to exceed $50,000 towards the generator costs, which shall include but are not limited to the procurement and installation of the generator and transfer switch (collectively, the “Generator Installation Costs”), but shall exclude any costs related to any dunnage installation to the Building necessary to install the generator (the “Generator Dunnage Costs”). The Generator Dunnage Costs shall be the sole responsibility of Landlord. All Generator Installation Costs in excess of Landlord’s $50,000 contribution, exclusive of the Generator Dunnage Costs, shall be borne by Tenant. In addition, Tenant shall have the right, subject to Article 6.2.4, to install HVAC equipment, antennas and satellite dishes on the roof or other part of the Building.
Appears in 2 contracts
Sources: Loft Lease (Integral Ad Science Holding LLC), Lease Agreement (Integral Ad Science Holding LLC)
Landlord’s Work. Subject to Tenant’s compliance with the provisions of this Section 4.2, Landlord shall perform improvements (will timely commence and diligently and continuously pursue to completion the “performance of the Landlord’s Work”) Work and will complete Landlord’s Work in a good and workmanlike manner consistent with the Premises standards applicable to the Building. In no event shall Landlord’s completion or Substantial Completion of Landlord’s Post- Commencement Work be deemed to be a condition to the Commencement Date or, except as extended in accordance with Section 2.2(b)(ii), the attached Work Letter and all such improvements shall be in compliance with all applicable laws, codes and regulationsRent Commencement Date hereunder. Landlord and its employees, contractors and agents shall engage The Richmond Group as have access to the general contractor Premises at all reasonable times for the performance of the tenant improvements ▇▇▇▇▇▇▇▇’s Post-Commencement Work and Punch List Items in the respect of ▇▇▇▇▇▇▇▇’s Pre-Commencement Work Letter that are identified with an “X” in the column labeled “Tenant” (the ‘‘Tenant Items”). The items on the Work Letter that are identified with an “X” in the column labeled “Landlord” shall be performed by Landlord at Landlord’s sole cost and expense with contractors chosen at Landlord’s sole and absolute discretion. All costs for the storage of materials reasonably required in connection therewith, and Tenant Items in will use all commercially reasonable efforts to avoid any interference with the Work Letter shall be paid solely with funds from the TI Allowance (defined below). Notwithstanding anything herein to the contrary, Landlord shall not be required to spend more than the TI Allowance (defined below) for the Tenant Items and any cost of the portions performance of Landlord’s Post-Commencement Work that are Tenant and Punch List Items which are in excess of the TI Allowance shall be paid by Tenant. For purposes of this Lease, “substantial completion” respect of Landlord’s Work Pre-Commencement Work. Landlord shall be deemed use reasonable efforts to occur when the Premises are ready for Tenant’ occupancy except for minor items which do not cause material minimize interference with Tenant▇▇▇▇▇▇’s use and occupancy of the Premises with Landlord having obtained a certificate of occupancy for during the Premises. If substantial completion performance of Landlord’s Post-Commencement Work is delayed by a Tenant Delay, then substantial completion and Punch List Items in respect of Landlord’s Pre-Commencement Work. There shall be deemed no Rent abatement or allowance to occur Tenant for a diminution of rental value, no actual or constructive eviction of Tenant, in whole or in part, no relief from any of Tenant’s other obligations under this Lease, and no liability on the date on which the part of Landlord’s Work in the Premises would have been substantially completed but for the occurrence , by reason of any Tenant Delay. As used hereininconvenience, a “Tenant Delay” shall mean each day of delay in annoyance or injury to business arising from the performance of the Landlord’s Post-Commencement Work that occurs (a) because of Tenant’s failure to timely deliver or approve any required documentation such as any design or space plans (it being agreed that Tenant shall have a reasonable time to review and comment on any such design or space plan, which reasonable time shall be no less than five (5) business days), (b) because of any change by Tenant to any design or space plans after the same have been approved as final by Tenant Punch List Items in writing, or (c) because Tenant or its employees, agents, or contractors otherwise delay completion of the Landlord’s Work. On or before October 15 2018, Tenant’s architect shall deliver all plans, drawings, narratives and other materials required for submission of a TAA to Massport. For avoidance of doubt, Tenant’s failure to cause its architect to delivery such plans by such date shall be a Tenant Delay. In the event Tenant does not spend the entire TI Allowance, all remaining TI Allowance funds shall remain property of Landlord. Tenant shall not be obligated to pay any charge for the use of the building services (including, but not limited to, parking, freight elevators, loading docks, air handling capacity, utilization of the building chases for ducting purposes, and electricity) during construction respect of Landlord’s Pre-Commencement Work or during Tenant’s move into the Premises. The loading dock which may be used by Tenant during the Term shall be identified on a ground floor plan to be attached hereto as Exhibit A-1. Landlord shall provide for Tenant’s exclusive use a generator with an output not to exceed 250kW. Landlord shall contribute an amount not to exceed $50,000 towards the generator costs, which shall include but are not limited to the procurement and installation storage of the generator and transfer switch (collectively, the “Generator Installation Costs”), but shall exclude any costs related to any dunnage installation to the Building necessary to install the generator (the “Generator Dunnage Costs”). The Generator Dunnage Costs shall be the sole responsibility of Landlord. All Generator Installation Costs materials in excess of Landlord’s $50,000 contribution, exclusive of the Generator Dunnage Costs, shall be borne by Tenant. In addition, Tenant shall have the right, subject to Article 6.2.4, to install HVAC equipment, antennas and satellite dishes on the roof or other part of the Buildingconnection therewith.
Appears in 1 contract
Sources: Lease Agreement (Redwood Trust Inc)
Landlord’s Work. 3.1 Landlord agrees to undertake at its expense, the renovations and alterations to the Demised Premises more fully described in the Landlord/Tenant Work Letter attached hereto as Exhibit C (the “Landlord’s Work). All “change orders” (as defined below) must be approved by the Department of Administration. The Landlord’s Work to the Leased Premises are to be “substantially completed” (as defined below) by Landlord not later than the Commencement Date. For purposes hereof, (i) the term “change orders” means any alteration, deviation or other change in any manner to the Landlord’s Work described on Exhibit C and (ii) the term “substantially completed” means the date of issuance of a permanent certificate of occupancy by the municipal building official for the Leased Premises. Unless otherwise agreed in writing, the Landlord’s Work will be the property of Landlord.
3.2 The commencement date of the Lease (the “Commencement Date”) shall perform improvements be the earlier to occur of (i) the seventh business day after the Tenant is given notice of the substantial completion of the Landlord’s Work (the “Landlord’s Work”) (as that term is hereinafter defined below) or (ii) the date the Tenant opens for business to the public in the Premises Leased Premises. The commencement date shall be no later than _, 20 . The Landlord shall verify the Commencement Date by informing the Tenant of the same in writing. The Tenant also agrees to confirm in writing such Commencement Date.
3.3 With respect to the Leased Premises, the Landlord’s agrees to use reasonable efforts to complete the Landlord’s Work with respect to such space in accordance with the attached Work Letter and all such improvements shall be schedule set forth in compliance with all applicable laws, codes and regulationsParagragh 3.3 (a) below. Landlord shall engage The Richmond Group as agrees to complete the general contractor for the performance of the tenant improvements in the Landlord’s Work Letter that are identified with an “X” in the column labeled “Tenant” (the ‘‘Tenant Items”). The items on the Work Letter that are identified with an “X” in the column labeled “Landlord” shall be performed by Landlord at Landlord’s sole cost expense. All such work shall be performed in a good and expense with contractors chosen at workmanlike manner employing good quality materials and so as to conform to the project specifications and all applicable governmental laws, ordinances and regulations.
(a) The Landlord has allocated the following times for completion of Landlord’s sole Work:
i. One (1) week for schematic design;
ii. One (1) week for State of Rhode Island approval of schematic design;
iii. Two (2) weeks to complete working drawings;
iv. One (1) week for State of Rhode Island review of working drawings.
v. Ten (10) weeks to obtain the necessary permits and absolute discretionapprovals, and complete Landlord’s Work and any required building improvements.
(b) Landlord shall complete all improvements necessary to make the Leased Premises ADA code compliant.
(c) The Landlord agrees to deliver to Tenant on or before Tenant’s use the Leased Premises together with parking therefore. All costs _, 20 for
3.4 The Landlord’s Work shall be deemed substantially completed for the purpose of this Lease when (i) the Landlord’s Work and construction shall have been completed in accordance with Exhibit C, with the exception, if any, of minor items of work which can be completed while Tenant Items is in possession of the Work Letter Leased Premises for the purpose of installing its personal property and equipment without interfering with such installation by Tenant and (ii) the Landlord shall have obtained a certificate of permanent occupancy from the City/Town of , Rhode Island. The Leased Premises shall be paid solely at all times in strict compliance with funds from all appropriate local, state and federal codes.
3.5 The Tenant, or its representative, may enter upon the TI Allowance Leased Premises not earlier than thirty (defined below). Notwithstanding anything herein 30) calendar days prior to the contrary, Landlord shall not be required to spend more than the TI Allowance (defined below) for the Tenant Items and any cost of the portions completion of Landlord’s Work to install its furniture, personal property and equipment provided such access does not interfere with the Landlord’s Work. During the period of such limited access or use of the Leased Premises by Tenant prior to the Commencement Date, no Rent or additional rent shall accrue or be payable but otherwise all the terms, covenants and provisions contained in this Lease shall apply, including, without limitation, all insurance and indemnity provisions.
3.6 In the event that are the Tenant Items desires to request a change in the Landlord’s Work, the Tenant shall make such a request in writing. The Landlord shall review and either approve in writing (with or without modification by Landlord) or reject such changes within fifteen (15) calendar days of its receipt of Tenant’s written request. The Tenant shall bear the cost of the preparation of any plans and specifications, and any modifications thereof, which are in excess required to be prepared as a result of the TI Allowance Tenant’s request. The Tenant shall be paid responsible for the increase in cost of any such changes requested by Tenantit. For purposes The Landlord shall not perform such work under such change orders requested by the Tenant until both the Landlord and Tenant have executed same and Tenant has agreed to pay for the cost of this Leasesuch change and/or modification of the scope of Landlord’s Work requested by it. All such change orders must be approved in writing by the State of Rhode Island, “Department of Administration, unless Tenant certifies that such approval is not required. The Parties agree that their consent to any change orders will not be unreasonably withheld, conditioned or delayed except that any deadline for the substantial completion” completion of Landlord’s Work shall be extended as a result of any delay resulting from Tenant’s change orders.
3.7 The Tenant shall promptly give to Landlord written notice of any alleged failure by Landlord to comply with the requirements of Sections 3.3 or 3.4 above. Landlord’s Work shall be deemed to occur when approved by Tenant thirty (30) business days after Tenant opens for business in the Leased Premises are ready for Tenant’ occupancy except for minor items which do not cause material interference with Tenant’s use and occupancy of the Premises with Landlord having obtained a certificate of occupancy for the Premises. If substantial completion of Landlord’s Work is delayed by a Tenant Delay, then substantial completion shall be deemed which are incomplete or do not conform to occur on the date on which the requirements of Sections 3.3 or 3.4.
3.8 The cost of all Landlord’s Work in the Premises would have been substantially completed but for the occurrence of any Tenant Delay. As used herein, a “Tenant Delay” shall mean each day of delay in the performance of the Landlord’s Work that occurs (a) because of Tenant’s failure to timely deliver or approve any required documentation such as any design or space plans (it being agreed that Tenant shall have a reasonable time to review and comment on any such design or space plan, which reasonable time shall be no less than five (5) business days), (b) because of any change by Tenant to any design or space plans after the same have been approved as final by Tenant in writing, or (c) because Tenant or its employees, agents, or contractors otherwise delay completion of the Landlord’s Work. On or before October 15 2018, Tenant’s architect shall deliver all plans, drawings, narratives and other materials required for submission of a TAA to Massport. For avoidance of doubt, Tenant’s failure to cause its architect to delivery such plans by such date shall be a Tenant Delay. In the event Tenant does not spend the entire TI Allowance, all remaining TI Allowance funds shall remain property of Landlord. Tenant shall not be obligated to pay any charge for the use of the building services (including, but not limited to, parking, freight elevators, loading docks, air handling capacity, utilization of the building chases for ducting purposes, and electricity) during construction of Landlord’s Work or during Tenant’s move into the Premises. The loading dock which may be used by Tenant during the Term shall be identified on a ground floor plan to be attached hereto as Exhibit A-1. Landlord shall provide for Tenant’s exclusive use a generator with an output not to exceed 250kW. Landlord shall contribute an amount not to exceed $50,000 towards the generator costs, which shall include but are not limited to the procurement and installation of the generator and transfer switch (collectively, the “Generator Installation Costs”), but shall exclude any costs related to any dunnage installation to the Building necessary to install the generator (the “Generator Dunnage Costs”). The Generator Dunnage Costs shall be the sole responsibility of Landlord. All Generator Installation Costs in excess of Landlord’s $50,000 contribution, exclusive of the Generator Dunnage Costs, shall be borne by Tenantthe Landlord.
3.9 Within sixty (60) calendar days of the Commencement Date, the Landlord shall provide a report, certificate or other evidence reasonably satisfactory to the Tenant that the Leased Premises have interior air quality, water quality and lead levels consistent with applicable federal, state and municipal standards. In addition, The Landlord shall take all reasonable steps to address any deficiencies in such reports based upon said standards.
3.10 The Tenant shall have participate with the right, subject to Article 6.2.4, to install HVAC equipment, antennas and satellite dishes on Landlord in preparing a schematic design (the roof or other part “Design”) of the BuildingLeased Premises and shall commit to attending meetings with the Landlord for final review and comment.
3.11 The Design shall be considered complete when Tenant gives its approval in writing.
3.12 Upon receiving the Tenant’s written approval of the Design, Landlord will commence with the production of working drawings, which shall be consistent with the Design. Landlord shall promptly provide Tenant with three (3) copies of the Design and working drawings when complete.
Appears in 1 contract
Sources: Lease Agreement
Landlord’s Work. Landlord shall perform improvements (construct the “Landlord’s Work”) in Core and Shell of the Premises Center in accordance with Exhibit C attached hereto and made a part hereof. ▇▇▇▇▇▇ acknowledges and agrees that the attached Work Letter Core and all Shell may be modified by Landlord during the planning and construction of the Center, it being understood and agreed that Landlord shall have the right to modify the plans and specifications for the Center (including the Core and Shell) without ▇▇▇▇▇▇’s consent provided that such improvements shall be in compliance modifications are consistent with all applicable laws, codes the character of a first-class transit and regulationsretail center. Landlord shall engage The Richmond Group as the general contractor for the performance Notify Tenant of the tenant improvements in the Work Letter that are identified with an “X” in the column labeled “Tenant” (the ‘‘Tenant Items”). The items on the Work Letter that are identified with an “X” in the column labeled “Landlord” shall be performed by Landlord at Landlord’s sole cost and expense with contractors chosen at Landlord’s sole and absolute discretion. All costs for the Tenant Items in the Work Letter shall be paid solely with funds from the TI Allowance (defined below). Notwithstanding anything herein any modification to the contrary, Core and Shell. Landlord shall not be required diligently and in good faith pursue to spend more than the TI Allowance (defined below) for the Tenant Items and any cost of the portions of substantial completion Landlord’s Work that are Tenant Items which are in excess of the TI Allowance shall be paid by Tenant's Work. For purposes of this Leasehereof, “the term "substantial completion” " or "substantially complete" shall mean the completion of Landlord’s 's Work in the condition required by Exhibit C attached hereto and made a part hereof, but for certain minor punch list items, all of which shall be certified as such by ▇▇▇▇▇▇▇▇'s Representative. Landlord shall provide at least thirty (30) days prior Notice to Tenant as to the date of such substantial completion and Tenant shall have ten (10) days after the date of substantial completion to inspect the Premises to confirm the punch list items based on a joint inspection of the Premises. The punch list items shall have no material adverse effect upon Landlord's delivery of the Premises, and, in any event, shall be reasonably promptly completed by, or on behalf of, Landlord. If ▇▇▇▇▇▇ fails to timely inspect and Notify Landlord of any dispute as to the substantial completion of the Landlord's Work or the punch list items with respect to the Premises, then Tenant shall be deemed to occur when have waived same, and substantial completion with respect to the Premises are ready for Tenant’ occupancy except for minor items which do not cause material interference with Tenant’s use shall be on the date so designated by Landlord in Landlord's Notice to Tenant as to same. In the event of any dispute between ▇▇▇▇▇▇▇▇ and occupancy of the Premises with Landlord having obtained a certificate of occupancy for the Premises. If ▇▇▇▇▇▇ as to substantial completion of Landlord’s 's Work is delayed by a Tenant Delayor any punch list items in connection therewith, then substantial completion same shall be deemed resolved by Arbitration. Such Arbitration shall be the parties' sole and absolute remedy with respect to occur resolution of any disputes brought under this Section 3.2. The Arbitration shall be governed by all applicable expedited or fast track procedures, and a decision shall be rendered by the arbitrator within thirty (30) days after the Arbitration is complete. The parties shall be entitled to seek, and the arbitrator shall have the authority to grant or deny, emergency interim relief, including injunctive and other equitable relief. The Arbitration shall be overseen by one arbitrator who shall be jointly agreed upon by the parties. Judgment may be entered on the date on which arbitrator's award in a court having jurisdiction, and the Landlord’s Work parties irrevocably consent to the jurisdiction of any court competent of the subject matter and sitting in the City and County of San Francisco, California (including federal courts) for that purpose. . In order to accommodate certain functions of the Transit Agencies and Rail Operators and to facilitate the safety and security of the Center, Landlord reserves the right from time to time: (a) to install, use, maintain, repair, replace, remove and relocate shafts, pipes, ducts, conduits, wires, risers and other facilities and appurtenant fixtures in the Premises, the ceiling above the Premises, the walls adjacent to the Premises, and in other parts of the Center, and (b) to alter or relocate any facility, whether located in the Premises would have been substantially completed but for the occurrence of any Tenant Delay. As used herein, a “Tenant Delay” shall mean each day of delay or in the performance other parts of the Landlord’s Work Center; provided, that occurs (a) because of Tenant’s failure to timely deliver or approve same does not materially interfere with any required documentation such as any design or space plans (it being agreed that Tenant shall have a reasonable time to review and comment on any such design or space plan, which reasonable time shall be no less than five (5) business days), (b) because of any change by Tenant to any design or space plans after the same have been approved as final by Tenant in writing, or (c) because Tenant or its employees, agents, or contractors otherwise delay completion of the Landlord’s Work. On or before October 15 2018, Tenant’s architect shall deliver all plans, drawings, narratives and other materials required for submission of a TAA to Massport. For avoidance of doubt, Tenant’s failure to cause its architect to delivery such plans by such date shall be a Tenant DelayPermitted Use hereunder. In the event Tenant does not spend the entire TI Allowanceperforming such work, all remaining TI Allowance funds Landlord shall remain property of Landlord. Tenant shall not be obligated exercise reasonable efforts to pay any charge for the minimize interference with ▇▇▇▇▇▇'s use of the building services (including, but not limited to, parking, freight elevators, loading docks, air handling capacity, utilization Premises. Landlord reserves the right from time to time to designate the days and hours during which any areas of the building chases Center shall be open to the public; to close temporarily or permanently all or any portion of such areas for ducting purposesany purpose; to erect any gate, and electricity) during construction chain or other obstruction or to close off any portion of Landlord’s Work the Center to the public at any time to prevent injury to persons or during Tenant’s move into the Premises. The loading dock which property, or as may be used by Tenant during the Term shall be identified on a ground floor plan required in connection with any Center operations, and, in connection therewith, to be attached hereto as Exhibit A-1. Landlord shall provide for Tenant’s exclusive use a generator with an output not to exceed 250kW. Landlord shall contribute an amount not to exceed $50,000 towards the generator costs, which shall include but are not limited seal off all entrances to the procurement and installation of the generator and transfer switch (collectivelyCenter, the “Generator Installation Costs”), but shall exclude or any costs related to any dunnage installation to the Building necessary to install the generator (the “Generator Dunnage Costs”). The Generator Dunnage Costs shall be the sole responsibility of Landlord. All Generator Installation Costs in excess of Landlord’s $50,000 contribution, exclusive of the Generator Dunnage Costs, shall be borne by Tenant. In addition, Tenant shall have the right, subject to Article 6.2.4, to install HVAC equipment, antennas and satellite dishes on the roof or other part of the Buildingportion thereof.
Appears in 1 contract
Sources: Lease Agreement
Landlord’s Work. (a) For purposes of this lease, "Landlord's Work" means, collectively, the alterations and improvements to the demised premises to be constructed and/or installed by Landlord shall perform improvements (the “Landlord’s Work”) in the Premises in accordance with the terms and conditions of this lease, as more particularly described in Exhibit ________ attached Work Letter to and all such improvements shall be in compliance with all applicable laws, codes and regulationshereby made a part of this lease. Landlord shall engage The Richmond Group as use commercially reasonable efforts to "Substantially Complete" the general contractor for the performance of the tenant improvements in the Landlord's Work Letter that are identified with an “X” in the column labeled “Tenant” not later than ________, 20________ (the ‘‘Tenant Items”"Substantial Completion Target Date"). The items on the Work Letter that are identified with an “X” in the column labeled “Landlord” shall be performed by Landlord at Landlord’s sole cost and expense with contractors chosen at Landlord’s sole and absolute discretion. All costs for the Tenant Items in the Work Letter shall be paid solely with funds from the TI Allowance (defined below). Notwithstanding anything herein to the contrary, Landlord shall not be required to spend more than the TI Allowance (defined below) for the Tenant Items and any cost of the portions of Landlord’s Work that are Tenant Items which are in excess of the TI Allowance shall be paid by Tenant. For purposes of this Leaselease, “substantial completion” of Landlord’s 's Work shall be deemed to occur when the Premises are ready for Tenant’ occupancy except for minor items which do not cause material interference with Tenant’s use and occupancy be "Substantially Complete" as of the Premises with Landlord having obtained a certificate of occupancy for the Premises. If substantial completion of Landlord’s Work is delayed by a Tenant Delay, then substantial completion shall be deemed to occur on the date on which the general contractor or the architect employed by Landlord with respect to the construction and/or installation of Landlord’s 's Work shall certify in the Premises would have writing to Landlord that: (i) Landlord's Work has been substantially completed but in all material respects substantially in accordance with the approved plans and specifications therefor, if any; and (ii) a temporary or permanent certificate of occupancy has been issued by the governmental authority having jurisdiction with respect to Landlord's Work or the governmental authority having jurisdiction with respect to Landlord's Work has otherwise evidenced its approval of Landlord's Work. Landlord shall have no liability whatsoever to Tenant in the event that Landlord shall fail for any reason whatsoever to Substantially Complete Landlord's Work on or before the Substantial Completion Target Date (including, without limitation, for any damages that Tenant may suffer as a result thereof or in connection therewith); provided, however, in such event, Landlord shall use commercially reasonable efforts to Substantially Complete Landlord's Work as soon as possible thereafter. Landlord shall use commercially reasonable efforts to complete any portions or aspects of Landlord's Work which shall be incomplete as of the date of Substantial Completion of Landlord's Work as soon as possible thereafter. Notwithstanding anything to the contrary set forth elsewhere in this lease, Tenant hereby acknowledges and agrees that the construction and/or installation of Landlord's Work by Landlord shall not be deemed in any way to constitute a condition precedent to the occurrence of the Commencement Date (as such date is set forth in Paragraph 1.3 of this lease) or to the effectiveness of any Tenant Delay. As used herein, a “Tenant Delay” shall mean each day of delay in the performance of the Landlord’s Work that occurs agreements or obligations of Tenant set forth in this lease with respect to the demised premises (a) because including, without limitation, the commencement of Tenant’s failure the obligation to timely deliver or approve any required documentation such pay Rent by Tenant as any design or space plans (it being agreed that Tenant shall have a reasonable time to review and comment on any such design or space plan, which reasonable time shall be no less than five (5) business daysof the Commencement Date), .
(b) because Landlord's Work shall be constructed and/or installed by Landlord using contractors (and subcontractors, if deemed necessary by Landlord) selected by Landlord, in Landlord's sole and absolute discretion, as having experience in connection with the construction and/or installation of any change alterations and improvements similar in nature to Landlord's Work. Landlord's Work shall be constructed and/or installed in a good and workerlike manner, in accordance with all applicable federal, state and local laws, ordinances, rules and regulations. All of the costs and expenses incurred by Tenant to any design or space plans after Landlord in connection with the same have been approved as final construction and/or installation of Landlord's Work shall be paid by Tenant in writingLandlord, or at Landlord's sole cost and expense.
(c) because Except to the limited extent, if any, set forth elsewhere in this lease, Tenant hereby acknowledges and agrees that: (i) Landlord has made no representations or its employeeswarranties whatsoever to Tenant with respect to the demised premises, agentsthe condition of the demised premises, or contractors otherwise delay completion the suitability for use by Tenant of the Landlord’s Work. On demised premises in connection with the business operations of Tenant; and (ii) Landlord has no obligation to Tenant whatsoever, pursuant to this lease or before October 15 2018otherwise, Tenant’s architect shall deliver all plans, drawings, narratives and other materials required for submission of a TAA with respect to Massport. For avoidance of doubt, Tenant’s failure obtaining or maintaining during or prior to cause its architect to delivery such plans by such date shall be a Tenant Delay. In the event Tenant does not spend the entire TI Allowance, all remaining TI Allowance funds shall remain property of Landlord. Tenant shall not be obligated to pay any charge for the use of the building services (including, but not limited to, parking, freight elevators, loading docks, air handling capacity, utilization of the building chases for ducting purposes, and electricity) during construction of Landlord’s Work or during Tenant’s move into the Premises. The loading dock which may be used by Tenant during the Term shall be identified on a ground floor plan to be attached hereto as Exhibit A-1. Landlord shall provide for Tenant’s exclusive any governmental approvals, consents, licenses, permits or certificates of use a generator with an output not to exceed 250kW. Landlord shall contribute an amount not to exceed $50,000 towards the generator costs, which shall include but are not limited to the procurement and installation of the generator and transfer switch or occupancy (collectively, the “Generator Installation Costs”)"Governmental Authorizations") that shall or may be a condition of, but required or necessary for, or desired by Tenant in connection with, the use or occupancy of the demised premises by Tenant pursuant to this lease and that any and all such Governmental Authorizations that shall exclude or may be such a condition of or so required, necessary or desired in connection with the use or occupancy of the demised premises by Tenant pursuant to this lease shall be obtained and/or maintained by Tenant, at Tenant's sole cost and expense. The obtaining of any costs related to any dunnage installation such Governmental Authorizations shall not be a condition precedent to the Building necessary commencement of the Term on the Commencement Date or to install the generator effectiveness of any of the covenants or obligations of Tenant that pursuant to the terms and conditions of this lease commence as of the Commencement Date (including, without limitation, the “Generator Dunnage Costs”covenants and obligations of Tenant set forth in this lease with respect to the payment of Rent). The Generator Dunnage Costs shall be the sole responsibility of Landlord. All Generator Installation Costs in excess of Landlord’s $50,000 contribution, exclusive of the Generator Dunnage Costs, shall be borne by Tenant. In addition, Tenant shall have the rightFurthermore, subject to Article 6.2.4the performance of Landlord's Work, Tenant hereby acknowledges and agrees that: (A) the demised premises are being leased to Tenant by Landlord in their "as is, where is and with all defects" condition as of the Commencement Date; and (B) Landlord shall have no obligation whatsoever, pursuant to this lease or otherwise, to install HVAC equipment, antennas and satellite dishes on make any alterations or improvements to or with respect to the roof or other part of the Buildingdemised premises.
Appears in 1 contract
Sources: Warehouse Lease
Landlord’s Work. Tenant shall lease the Premises, and Landlord shall deliver the Premises to Tenant, in their “as is” condition as of the date of the Lease and Landlord shall have no obligation to perform any work or to make any improvements to the Premises (including, without limitation, the mechanical equipment and other equipment serving the Premises) or any other part of the Building, except that Landlord shall perform improvements or pay the cost of (as elected by Landlord) the following work (“Landlord’s Work”): (i) construct new building standard restrooms serving the Premises, which shall include any work in such restrooms that is required to comply with the Americans With Disabilities Act; and (ii) any work in the Premises in accordance with the attached Work Letter and all such improvements shall be in compliance with all applicable laws, codes and regulations. Landlord shall engage The Richmond Group as the general contractor for the performance Common Areas of the tenant improvements in Building (and expressly excluding any work on any Floor of the Work Letter Premises) that are identified with an “X” in is required to provide a Title 24 compliant path of travel to the column labeled “Tenant” (the ‘‘Tenant Items”). The items on the Work Letter that are identified with an “X” in the column labeled “Landlord” shall be performed by Landlord at Landlord’s sole cost and expense with contractors chosen at Landlord’s sole and absolute discretion. All costs for the Tenant Items in the Work Letter shall be paid solely with funds from the TI Allowance (defined below)Premises. Notwithstanding anything herein to the contraryforegoing, Landlord shall not be required to spend more than perform or pay the TI Allowance cost of any work (defined belowwhether required by applicable Laws, physical site conditions, engineering requirement or otherwise) required as a result of Tenant’s installing internal stairways or performing work to any existing stairway (if such work is a part of the approved Working Drawings), and Tenant shall be responsible for the Tenant Items and any cost of all such work (subject to the portions Construction Allowance) and shall perform such work with contractors approved by Landlord, which approval shall not be unreasonably withheld. The preceding sentence shall not be construed as Landlord’s consent to the installation of internal stairways or any work to any existing stairway; such work shall be subject to Landlord’s review and approval of the Preliminary Plans and Working Drawings pursuant to Section 5 below and the other applicable terms of the Lease and this Agreement. Landlord may perform Landlord’s Work that are Tenant Items which are in excess concurrently with Tenant’s performance of Tenant’s Work or (where feasible) after the TI Allowance shall be paid by completion of Tenant. For purposes of this Lease’s Work, “substantial completion” of and Landlord is not required to complete Landlord’s Work shall be deemed prior to occur when the Premises are ready for Tenant’ occupancy except for minor items which do not cause material interference with Tenant’s use and occupancy delivery of the Premises with Landlord having obtained a certificate of occupancy for to Tenant; provided, however, that any time after the Premises. If substantial completion of Landlord’s Work is delayed by a Tenant Delay, then substantial completion shall be deemed to occur on the date on which the Landlord’s Work in the Premises would have been substantially completed but for the occurrence of any Tenant Delay. As used herein, a “Tenant Delay” shall mean each day of delay in the performance exercise or lapse of the Landlord’s Work that occurs (a) because of Tenant’s failure to timely deliver or approve any required documentation such as any design or space plans (it being agreed that Tenant shall have a reasonable time to review and comment on any such design or space plan, which reasonable time shall be no less than five (5) business days), (b) because of any change by Tenant to any design or space plans after the same have been approved as final by Tenant Early Contraction Right contained in writing, or (c) because Tenant or its employees, agents, or contractors otherwise delay completion Section 1.5 of the Lease, if Landlord shall not already have commenced Landlord’s Work. On or before October 15 2018, Tenant’s architect shall deliver all plans, drawings, narratives and other materials required for submission of a TAA to Massport. For avoidance of doubt, Tenant’s failure to cause its architect to delivery such plans by such date shall be a Tenant Delay. In the event Tenant does not spend the entire TI Allowance, all remaining TI Allowance funds shall remain property of Landlord. Tenant shall not be obligated to pay any charge for the use of the building services (including, but not limited to, parking, freight elevators, loading docks, air handling capacity, utilization of the building chases for ducting purposes, and electricity) during construction of Landlord’s Work or during Tenant’s move into the Premises. The loading dock which may be used by Tenant during the Term shall be identified on a ground floor plan to be attached hereto as Exhibit A-1. Landlord shall provide for Tenant’s exclusive use a generator with an output not to exceed 250kW. Landlord shall contribute an amount not to exceed $50,000 towards the generator costs, which shall include but are not limited to the procurement and installation of the generator and transfer switch (collectively, the “Generator Installation Costs”), but shall exclude any costs related to any dunnage installation to the Building necessary to install the generator (the “Generator Dunnage Costs”). The Generator Dunnage Costs shall be the sole responsibility of Landlord. All Generator Installation Costs in excess of Landlord’s $50,000 contribution, exclusive of the Generator Dunnage Costs, shall be borne by Tenant. In addition, Tenant shall have the rightright to send Landlord a written notice requiring Landlord to commence Landlord’s Work, subject to Article 6.2.4, to install HVAC equipment, antennas and satellite dishes on the roof or other part in which case Landlord shall commence Landlord’s Work no later than thirty (30) Business Days after Landlord’s receipt of the Buildingsuch notice.
Appears in 1 contract
Sources: Sublease (Gymboree Corp)
Landlord’s Work. Landlord (a) Landlord, at Landlord’s sole cost and expense, shall perform improvements 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”) in the Premises and in accordance with Applicable Laws and in a good and workmanlike manner in accordance with sound architectural practices and procedures, the attached intent being that the Landlord’s Work Letter and all shall restore the Aphton Space to a condition substantially similar to the condition of such improvements shall be in compliance with all applicable laws, codes and regulationsspace prior to the tenant fit-out work which was performed by or on behalf of Aphton Corporation. Landlord shall engage The Richmond Group as give Tenant notice upon the general contractor for completion of Landlord’s Work and Landlord and Tenant promptly thereafter shall jointly inspect the performance Aphton Space and mutually agree upon a list of the tenant improvements items, if any, that remain to be completed in the Work Letter that are identified connection with an “X” in the column labeled “Tenant” (the ‘‘Tenant Items”)Landlord’s Work. The items on the Work Letter that are identified with an “X” in the column labeled “Landlord” Landlord thereafter shall be performed by Landlord promptly complete such items, at Landlord’s sole cost and expense with contractors chosen at Landlord’s sole and absolute discretion. All costs for the Tenant Items in the Work Letter shall be paid solely with funds from the TI Allowance (defined below). Notwithstanding anything herein expense, to the contrary, Landlord shall not be required to spend more than the TI Allowance (defined below) for the Tenant Items and any cost reasonable satisfaction of the portions of Landlord’s Work that are Tenant Items which are in excess of the TI Allowance shall be paid by Tenant. For purposes of this Lease, “substantial completion” of Landlord’s Work shall be deemed to occur when performed by Landlord in compliance with Applicable Laws, and shall be completed on or before the Premises are ready for Tenant’ occupancy except for minor items date which do not cause material interference with Tenant’s use and occupancy of is fourteen (14) days after the Premises with Landlord having obtained a certificate of occupancy for the PremisesCommencement Date. If substantial completion of Landlord has not substantially completed Landlord’s Work is delayed by a Tenant Delay, then substantial completion shall be deemed to occur on or before the date on 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 Premises would have been substantially completed but for the occurrence sums expended on account of any Tenant Delay. As used herein, a “Tenant Delay” shall mean each day of delay in the performance of the Landlord’s Work that occurs (a) because of Tenant’s failure to timely deliver or approve any required documentation such as any design or space plans (it being agreed that Tenant shall have a reasonable time to review and comment on any such design or space plan, which reasonable time shall be no less than five (5) business days), work.
(b) because of any change by Tenant to any design or space plans after Upon the same have been approved as final by Tenant in writing, or (c) because Tenant or its employees, agents, or contractors otherwise delay substantial completion of the Landlord’s Work. On or before October 15 2018, Tenant’s architect shall deliver all plans, drawings, narratives Landlord and other materials required for submission of a TAA to Massport. For avoidance of doubt, Tenant’s failure to cause its architect to delivery such plans by such date shall be a Tenant Delay. In the event Tenant does not spend the entire TI Allowance, all remaining TI Allowance funds shall remain property of Landlord. Tenant shall not in cooperate in good faith to determine if any additional restoration work is required to be obligated performed to pay any charge for the use of the building services (including, but not limited to, parking, freight elevators, loading docks, air handling capacity, utilization of the building chases for ducting purposesAphton Space, and electricity) during construction of if any such additional work is required, Landlord shall complete such work as soon as practicable, at Landlord’s Work or during Tenant’s move into the Premises. The loading dock which may be used by Tenant during the Term shall be identified on a ground floor plan to be attached hereto as Exhibit A-1. Landlord shall provide for Tenant’s exclusive use a generator with an output not to exceed 250kW. Landlord shall contribute an amount not to exceed $50,000 towards the generator costs, which shall include but are not limited to the procurement sole cost and installation of the generator and transfer switch (collectively, the “Generator Installation Costs”), but shall exclude any costs related to any dunnage installation to the Building necessary to install the generator (the “Generator Dunnage Costs”). The Generator Dunnage Costs shall be the sole responsibility of Landlord. All Generator Installation Costs in excess of Landlord’s $50,000 contribution, exclusive of the Generator Dunnage Costs, shall be borne by Tenant. In addition, Tenant shall have the right, subject to Article 6.2.4, to install HVAC equipment, antennas and satellite dishes on the roof or other part of the Buildingexpense.
Appears in 1 contract
Sources: Acquisition and Development Agreement (Urban Outfitters Inc)
Landlord’s Work. Landlord shall agrees to perform improvements the following work either prior to, or within a reasonable period of time following, the commencement of the Extended Term: (i) install new wall covering within the 7th floor men’s and women’s restrooms; (ii) install additional wet wall areas within the 7th floor men’s restroom (as necessary in Landlord’s discretion); (iii) install new light lenses within the 1st, 7th and 11th floor men’s and women’s restrooms; (iv) install additional incandescent lighting within the 7th and 11th floor men’s and women’s restrooms (as necessary in Landlord’s discretion); and (v) install metal partitions within the 7th floor men’s restroom (collectively, “Landlord’s Work”). Tenant acknowledges that Landlord’s Work will be performed (a) using Building standard materials and finishes selected by Landlord, and (b) in or adjacent to the Existing Premises while Tenant is in occupancy thereof and paying Rent pursuant to the Amended Lease. Tenant also acknowledges that the performance of Landlord’s Work may interrupt Tenant’s business, or be inconvenient to Tenant, and Tenant agrees that Landlord shall have no responsibility or liability to Tenant therefor. Landlord agrees to use commercially reasonable efforts to minimize any such interruptions and inconveniences and to use its commercially reasonable efforts to coordinate the performance of any portion of the Landlord Work located upon the 7th and 11th floors of the Building with Tenant’s performance of its Tenant Improvements within the portion of the Premises in accordance with located on the attached Work Letter 7th and all such improvements shall be in compliance with all applicable laws, codes 11th floors of the Building. Tenant agrees to make the Existing Premises reasonably available to Landlord and regulations. Landlord shall engage The Richmond Group as the general contractor its contractors for the performance of the tenant improvements in the Work Letter that are identified with an “X” in the column labeled “Tenant” (the ‘‘Tenant Items”). The items on the Work Letter that are identified with an “X” in the column labeled “Landlord” shall be performed by Landlord at Landlord’s sole cost and expense with contractors chosen at Landlord’s sole and absolute discretionWork. All costs for Tenant agrees that the Tenant Items in the Work Letter shall be paid solely with funds from the TI Allowance (defined below). Notwithstanding anything herein to the contrary, Landlord shall not be required to spend more than the TI Allowance (defined below) for the Tenant Items and any cost of the portions of Landlord’s Work that are Tenant Items which are in excess of the TI Allowance shall be paid by Tenant. For purposes of this Lease, “substantial completion” performance of Landlord’s Work shall not constitute an eviction of Tenant from the Existing Premises, whether constructive or otherwise, and Tenant shall in all events be deemed required to occur when pay Rent pursuant to the Premises are ready for Tenant’ occupancy except for minor items which do not cause material interference with Tenant’s use and occupancy of the Premises with Landlord having obtained a certificate of occupancy for the Premises. If substantial completion of Landlord’s Work is delayed by a Tenant Delay, then substantial completion shall be deemed to occur on the date on which the Landlord’s Work in the Premises would have been substantially completed but for the occurrence of any Tenant Delay. As used herein, a “Tenant Delay” shall mean each day of delay in Amended Lease during the performance of the Landlord’s Work that occurs (a) because of Tenant’s failure to timely deliver or approve any required documentation such as any design or space plans (it being agreed that Tenant shall have a reasonable time to review and comment on any such design or space plan, which reasonable time shall be no less than five (5) business days), (b) because of any change by Tenant to any design or space plans after the same have been approved as final by Tenant in writing, or (c) because Tenant or its employees, agents, or contractors otherwise delay completion of the Landlord’s Work. On or before October 15 2018In connection with the performance of Landlord’s Work, Tenant’s architect shall deliver all plans, drawings, narratives and other materials required for submission of a TAA to Massport. For avoidance of doubt, Tenant’s failure to cause its architect to delivery such plans by such date it shall be a the responsibility of Tenant Delay. In the event Tenant does not spend the entire TI Allowanceat its cost to secure all loose personal property, and disconnect and reconnect, as required, all remaining TI Allowance funds shall remain property of Landlord. Tenant shall not be obligated to pay any charge for the use of the building services electrical equipment (including, but not limited towithout limitation, parking, freight elevators, loading docks, air handling capacity, utilization of the building chases for ducting purposes, and electricity) during construction of Landlord’s Work or during Tenant’s move into the Premises. The loading dock which may be used by Tenant during the Term shall be identified on a ground floor plan to be attached hereto as Exhibit A-1. Landlord shall provide for Tenant’s exclusive use a generator with an output not to exceed 250kW. Landlord shall contribute an amount not to exceed $50,000 towards the generator costs, which shall include but are not limited to the procurement and installation of the generator and transfer switch (collectively, the “Generator Installation Costs”computer equipment), but shall exclude any costs related to any dunnage installation to movable partitions, workstations and the Building necessary to install the generator (the “Generator Dunnage Costs”). The Generator Dunnage Costs shall be the sole responsibility of Landlord. All Generator Installation Costs in excess of Landlord’s $50,000 contribution, exclusive of the Generator Dunnage Costs, shall be borne by Tenant. In addition, Tenant shall have the right, subject to Article 6.2.4, to install HVAC equipment, antennas and satellite dishes on the roof or other part of the Buildinglike.
Appears in 1 contract
Sources: Lease Agreement (Mesa Air Group Inc)
Landlord’s Work. (a) Landlord shall perform improvements construct a new building in which the Premises will be located containing approximately 46,335 rentable square feet. The base building work to be performed by Landlord and the specifications for such work are described on Exhibit E.
(i) Tenant shall, within fifteen (15) days from the date hereof, provide Landlord with schematic plans and specifications (the “Landlord’s Work”"Plans") showing the work which Tenant desires Landlord to perform in the Premises which will include improvements required to make the Premises suitable for use by Tenant in Tenant's business (the "Interior Improvements"). Within fifteen (15) days after Tenant submits plans and specifications to Landlord, Landlord shall advise Tenant that Landlord has either (a) approved the Plans or (b) disapproved the Plans, in which event Landlord shall specify in writing in what respects the Plans are not acceptable to Landlord and what revisions to the Plans will be required in order to make the Plans acceptable to Landlord, in which event Tenant shall promptly revise the Plans in order to accommodate the revisions required by Landlord. If Landlord does not approve or disapprove the Plans submitted to it by Tenant within fifteen (15) days after the Plans have been received by Landlord, the Plans shall be deemed to be approved by Landlord, and the Premises shall be constructed in accordance with the attached Work Letter and all such improvements shall be in compliance with all applicable laws, codes and regulationsPlans submitted by Tenant. Landlord shall engage The Richmond Group as notify Tenant of those initial Tenant improvements of which the general contractor for the performance of the tenant improvements in the Work Letter that are identified with an “X” in the column labeled “Tenant” (the ‘‘Tenant Items”). The items on the Work Letter that are identified with an “X” in the column labeled “Landlord” shall be performed by Landlord at Landlord’s sole cost and expense with contractors chosen at Landlord’s sole and absolute discretion. All costs for will require the Tenant Items in the Work Letter shall be paid solely with funds to remove from the TI Allowance (defined below). Notwithstanding anything herein to Premises at the contrary, Landlord shall not be required to spend more than the TI Allowance (defined below) for the Tenant Items and any cost of the portions of Landlord’s Work that are Tenant Items which are in excess of the TI Allowance shall be paid by Tenant. For purposes expiration or earlier termination of this Lease, “substantial completion” at Tenant's sole cost and expense. Within thirty (30) days after Landlord's approval of the Plans, Landlord shall have prepared construction drawings and specifications, consistent with the approved Plans, and sufficient for Landlord to bid out and construct all improvements desired by Tenant in the Premises (the "Construction Drawings"). The Construction Drawings for Landlord’s Work 's work shall be provided to Tenant for review, but shall not be subject to Tenant's approval unless and to the extent the Construction Drawings are materially inconsistent with the Plans, in which event Tenant's consent, which shall not be unreasonably withheld and which shall be deemed to occur when the Premises are ready for Tenant’ occupancy except for minor items which do given if Tenant does not cause material interference with Tenant’s use and occupancy of the Premises with Landlord having obtained a certificate of occupancy for the Premises. If substantial completion of Landlord’s Work is delayed by a Tenant Delay, then substantial completion shall be deemed to occur on the date on which the Landlord’s Work in the Premises would have been substantially completed but for the occurrence of any Tenant Delay. As used herein, a “Tenant Delay” shall mean each day of delay in the performance of the Landlord’s Work that occurs (a) because of Tenant’s failure to timely deliver or approve any required documentation such as any design or space plans (it being agreed that Tenant shall have a reasonable time to review and comment on any such design or space plan, which reasonable time shall be no less than object within five (5) business days), (b) because of any change by Tenant to any design or space plans days after the same have been approved as final by Tenant in writing, or (c) because Tenant or its employees, agents, or contractors otherwise delay completion receipt of the Landlord’s Work. On or before October 15 2018, Tenant’s architect shall deliver all plans, drawings, narratives and other materials required for submission of a TAA to Massport. For avoidance of doubt, Tenant’s failure to cause its architect to delivery such plans by such date shall be a Tenant Delay. In the event Tenant does not spend the entire TI Allowance, all remaining TI Allowance funds shall remain property of Landlord. Tenant shall not be obligated to pay any charge for the use of the building services (including, but not limited to, parking, freight elevators, loading docks, air handling capacity, utilization of the building chases for ducting purposes, and electricity) during construction of Landlord’s Work or during Tenant’s move into the Premises. The loading dock which may be used by Tenant during the Term shall be identified on a ground floor plan to be attached hereto as Exhibit A-1. Landlord shall provide for Tenant’s exclusive use a generator with an output not to exceed 250kW. Landlord shall contribute an amount not to exceed $50,000 towards the generator costs, which shall include but are not limited to the procurement and installation of the generator and transfer switch (collectively, the “Generator Installation Costs”), but shall exclude any costs related to any dunnage installation to the Building necessary to install the generator (the “Generator Dunnage Costs”). The Generator Dunnage Costs shall be the sole responsibility of Landlord. All Generator Installation Costs in excess of Landlord’s $50,000 contribution, exclusive of the Generator Dunnage CostsConstruction Drawings, shall be borne required. If Tenant objects to the Construction Drawings prepared by Tenant. In additionLandlord, Tenant shall have specify in writing in what respects the right, subject Construction Drawings are not acceptable and what revisions will be required in order to Article 6.2.4, make the Construction Drawings acceptable to install HVAC equipment, antennas and satellite dishes on the roof or other part of the Building.Tenant. AV-BTRL6.LSE MVD-5/6/97
Appears in 1 contract
Sources: Office Lease (Boston Biomedica Inc)
Landlord’s Work. Landlord shall perform improvements (the “Landlord’s Work”) in deliver and Tenant shall accept the Premises in accordance "as-is" condition, except for all representations set forth in Section 7.1 of the Lease and except for Landlord's Work as set forth below. Landlord, at its expense and as Landlord's Work, will complete in or for the Premises, in a good and workmanlike manner and according to all applicable Laws, the following, with the attached Work Letter parties understanding that the both the Landlord's and all such improvements shall Tenant's work is to be done in compliance with all applicable lawstwo (2) phases, codes the 8th Floor Phase and regulations. the 9th Floor Phase and Landlord shall engage The Richmond Group as the general contractor for the performance tender possession of the tenant improvements in the Work Letter that are identified with an “X” in the column labeled “Tenant” (the ‘‘Tenant Items”). The items on the Work Letter that are identified with an “X” in the column labeled “Landlord” shall be performed by Landlord at Landlord’s sole cost and expense with contractors chosen at Landlord’s sole and absolute discretion. All costs for the Tenant Items in the Work Letter shall be paid solely with funds from the TI Allowance (defined below). Notwithstanding anything herein to the contrary, Landlord shall not be required to spend more than the TI Allowance (defined below) for the Tenant Items and any cost of the portions of Landlord’s Work that are Tenant Items which are in excess of the TI Allowance shall be paid by Tenant. For purposes of this Lease, “substantial completion” of Landlord’s Work shall be deemed to occur when the Premises are ready for Tenant’ occupancy except for minor items which do not cause material interference with Tenant’s use and occupancy applicable Phase of the Premises with Landlord having obtained a certificate of occupancy to Tenant when Landlord's Work for the Premises. If substantial completion of Landlord’s Work is delayed by a Tenant Delay, then substantial completion shall be deemed to occur that Phase have been completed: Necessary demolition on the date on which the Landlord’s Work in 8th floor (including removal of any ACM to comply with Section 6.2(d)) to provide the Premises would have been substantially completed but for the occurrence of any Tenant Delay. As used hereinin raw shell condition with a slab floor, a “Tenant Delay” shall mean each day of delay perimeter columns and core and exterior walls in the performance of the Landlord’s Work that occurs (a) because of Tenant’s failure to timely deliver or approve any required documentation such as any design or space plans (it being agreed that Tenant shall have a reasonable time to review and comment on any such design or space plan, which reasonable time shall be no less than five (5) business days), (b) because of any change by Tenant to any design or space plans after the same have been approved as final by Tenant in writing, or (c) because Tenant or its employees, agents, or contractors otherwise delay completion of the Landlord’s Work. On or before October 15 2018, Tenant’s architect shall deliver all plans, drawings, narratives and other materials required for submission of a TAA to Massport. For avoidance of doubt, Tenant’s failure to cause its architect to delivery such plans by such date shall be a Tenant Delay. In the event Tenant does not spend the entire TI Allowance, all remaining TI Allowance funds shall remain property of Landlord. Tenant shall not be obligated to pay any charge for the use of the building services (including, but not limited to, parking, freight elevators, loading docks, air handling capacity, utilization of the building chases for ducting purposes, and electricity) during construction of Landlord’s Work or during Tenant’s move into the Premises. The loading dock which may be used by Tenant during the Term shall be identified on a ground floor plan to be attached hereto as Exhibit A-1. Landlord shall provide for Tenant’s exclusive use a generator with an output not to exceed 250kW. Landlord shall contribute an amount not to exceed $50,000 towards the generator costs, which shall include but are not limited to the procurement and installation of the generator and transfer switch (collectively, the “Generator Installation Costs”), but shall exclude any costs related to any dunnage installation to the Building necessary to install the generator (the “Generator Dunnage Costs”). The Generator Dunnage Costs shall be the sole responsibility of Landlord. All Generator Installation Costs in excess of Landlord’s $50,000 contribution, exclusive of the Generator Dunnage Costs, shall be borne by Tenant"as-is "condition . In addition, Landlord shall provide after the Start Date but prior to the Commencement Date as scheduled in conjunction with Tenant's contractor, Building standard window film on all exterior Premises windows. Landlord shall not unreasonably interfere with Tenant's contractor during the installation of said window film. Landlord will pay for the design costs associated with Landlord's Work; provided that to the extent Landlord's Work requires design information (such as heating or air conditioning load factors) that would be prepared in connection with the preparation of the Preliminary Plans or the Construction Documents, Tenant shall have will be responsible for the rightcost of such design information. The Premises will be delivered to Tenant when Landlord has substantially completed Landlord's Work, subject only to Article 6.2.4completion of minor construction details which would not materially interfere with Tenant's Work, and Tenant will accept the Premises upon from Landlord that Landlord's Work has been substantially completed. Landlord and Tenant agree that all alterations, improvements and additions made to install HVAC equipmentthe Premises according to this Work Letter, antennas whether paid for by Landlord or Tenant, will, without compensation to Tenant, become Landlord's property upon installation and satellite dishes on will remain Landlord's property at the roof expiration or other part earlier termination of the BuildingTerm.
Appears in 1 contract
Landlord’s Work. Landlord Promptly following the execution of this Lease, the Landlord, at the Landlord’s expense, shall perform improvements the work described in Exhibit G attached hereto (the “Landlord’s Work”) ). The Landlord shall obtain all necessary permits and other governmental approvals in the Premises in accordance connection with the attached Landlord’s Work Letter prior to commencement of the Landlord’s Work. Promptly after execution of this Lease, the Landlord shall commence and all complete the Landlord’s Work on or before the Commencement Date, subject to External Causes. Landlord’s Work may vary from the requirements of Exhibit G if the variance is (i) necessary or advisable due to (A) the job conditions or good construction practices, (B) the building permits for such improvements work, or (C) applicable legal requirements, (ii) non-substantial or (iii) of greater utility or value than that which it replaces; All of Landlord’s Work shall be in compliance with all applicable laws, codes and regulations. Landlord shall engage The Richmond Group as performed by the general contractor for selected by the Landlord in its sole discretion. Landlord will provide turnkey construction consistent with Exhibit G, and Landlord will pay the costs of labor and materials incurred in connection with the performance of the tenant improvements construction of the Premises described in Exhibit G, including the costs of permits and insurance as well as architectural and engineering services rendered in the Work Letter that are identified with an “X” in the column labeled “Tenant” (the ‘‘Tenant Items”)preparation and design of construction drawings and specifications. The items on the Work Letter that are identified with an “X” in the column labeled “Landlord” shall space planning design, construction drawings and specifications will be performed provided by Landlord at Landlord’s sole no cost and expense with contractors chosen at Landlord’s sole and absolute discretionto Tenant. All costs for the Tenant Items in the Work Letter shall be paid solely with funds from the TI Allowance (defined below). Notwithstanding anything herein to the contrary, Landlord shall not be required to spend more than the TI Allowance (defined below) for the Tenant Items and any cost of the portions of may inspect Landlord’s Work that are at reasonable times and will promptly give notice of observed defects in materials or workmanship. Landlord will promptly correct such defects. The Premises shall be deemed ready for occupancy on the earlier of:
(i) the date upon which Tenant Items which are in excess takes possession of any portion of the TI Allowance shall be paid by TenantPremises for any purpose other than preparing the Premises for occupancy, or
(ii) the date upon which Landlord’s Work is substantially completed. For purposes of this LeaseThe Landlord will complete Landlord’s Work prior to September 1, “substantial completion” of 2007. Landlord’s Work shall be deemed to occur when be substantially completed if only minor portions of Landlord’s Work, minor adjustments, cosmetic finishing work or minor “punch list” items remain incomplete. By no later than thirty (30) days after completion of Landlord’s Work, the Premises Tenant shall furnish to the Landlord a punch list of such items of construction of Landlord’s Work which are ready for Tenant’ occupancy except for minor then incomplete or defective and which require correction by Landlord’s Contractor. The Landlord agrees to cause such punch list items which do not cause material interference with Tenant’s use and occupancy to be corrected within thirty (30) days of receipt of the Premises with Landlord having obtained a certificate punch list, or such longer period as is reasonably required if the nature of occupancy for the Premisescorrective work cannot be performed within thirty (30) days. If substantial completion of Landlord’s Work is delayed by a Tenant Delayfor any of the reasons set forth in parts (i) through (v) below, then substantial completion Landlord’s Work shall be deemed to occur on the date on which the Landlord’s Work in the Premises would have been substantially completed but at the time it would have been completed if not for such delay: (i) a default by Tenant under the occurrence terms of this Lease; (ii) changes to any of the plans or specifications for Landlord’s Work requested by Tenant Delay. As used hereinand agreed to by Landlord (which delay, shall be identified by Landlord at the time of approval); (iii) a “request by Tenant Delay” shall mean each day of delay for materials, fixtures or installations other than those in Landlord’s building standard or those contained in the plans and specifications set forth in Exhibit G ; (iv) the performance of any work or installations by Tenant or contractors hired by Tenant; or (v) any other act or omission caused by or on behalf of Tenant, its contractors, agents, servants or employees which delay the construction. Landlord’s Work that occurs (a) because of Tenant’s failure to timely deliver or approve any required documentation such as any design or space plans (it being agreed that Tenant shall have a reasonable time to review comply with all applicable laws and comment on any such design or space plan, which reasonable time shall be no less than five (5) business days), (b) because of any change by Tenant to any design or space plans after the same have been approved as final by Tenant in writing, or (c) because Tenant or its employees, agents, or contractors otherwise delay completion regulations including Title III of the Landlord’s Work. On or before October 15 2018, Tenant’s architect shall deliver all plans, drawings, narratives and other materials required for submission Americans with Disabilities Act of a TAA to Massport. For avoidance of doubt, Tenant’s failure to cause its architect to delivery such plans by such date shall be a Tenant Delay. In the event Tenant does not spend the entire TI Allowance, all remaining TI Allowance funds shall remain property of Landlord. Tenant shall not be obligated to pay any charge for the use of the building services (including, but not limited to, parking, freight elevators, loading docks, air handling capacity, utilization of the building chases for ducting purposes, and electricity) during construction of Landlord’s Work or during Tenant’s move into the Premises. The loading dock which may be used by Tenant during the Term shall be identified on a ground floor plan to be attached hereto as Exhibit A-1. Landlord shall provide for Tenant’s exclusive use a generator with an output not to exceed 250kW. Landlord shall contribute an amount not to exceed $50,000 towards the generator costs, which shall include but are not limited to the procurement and installation of the generator and transfer switch (collectively, the “Generator Installation Costs”), but shall exclude any costs related to any dunnage installation to the Building necessary to install the generator (the “Generator Dunnage Costs”). The Generator Dunnage Costs shall be the sole responsibility of Landlord. All Generator Installation Costs in excess of Landlord’s $50,000 contribution, exclusive of the Generator Dunnage Costs, shall be borne by Tenant. In addition, Tenant shall have the right, subject to Article 6.2.4, to install HVAC equipment, antennas and satellite dishes on the roof or other part of the Building1990.
Appears in 1 contract
Sources: Assignment and Assumption of Lease Agreement (Tangoe Inc)
Landlord’s Work. 11.01 Landlord shall perform improvements commence as soon as reasonably practical after the date hereof (but in no event before the current tenants of the Premises have vacated the Premises and decommissioned same) and shall use commercially reasonable efforts to substantially complete the work (collectively, “Landlord’ s Work”) described on Exhibit H and in the space plans and specifications (the “Plans and Specifications”), also attached hereto as Exhibit H at Landlord’s Work”) cost and expense by the Anticipated Delivery Date. Tenant has provided Landlord with all necessary information regarding Tenant’s space planning needs in connection with its use of the Premises, which has been reflected in the Premises Plans and Specifications, and Tenant has approved and agreed to Exhibit H and the Plans and Specifications. Landlord’s Work shall not include Tenant’s furniture, trade fixtures, equipment and personal property and is limited to the fit-up construction, as generally laid out and specified on Exhibit H and the Plans and Specifications. Landlord shall substantially complete Landlord’s Work in accordance with the attached Work Letter a good and all such improvements shall be workmanlike manner and otherwise in compliance with all applicable lawsLegal Requirements, codes including, without limitation, the Americans With Disabilities Act. Tenant acknowledges that Landlord’s Work, except as expressly provided in the Plans and regulationsSpecifications or Exhibit H, will be designed and constructed to the general quality of the design and construction of the Building and in accordance with Landlord’s building standards for the Building. Landlord reserves the right to make changes and substitutions to the Plans and Specifications in connection with the construction of Landlord’s Work, provided same do not materially adversely modify the Plans and Specifications or Exhibit H. Landlord shall engage The Richmond Group make any changes to the Plans and Specifications requested by Tenant, provided, however, that any material change requested by Tenant shall require Landlord’s approval, not to be unreasonably withheld, conditioned or delayed, and Tenant shall be responsible for and promptly (but in no event longer than ten (10) days after request therefor accompanied by a reasonably detailed statement therefor) shall pay directly or pay to Landlord for, as appropriate, and indemnify and reimburse Landlord for, from and against, any such costs resulting from such changes to Landlord’s Work or the general contractor for the performance of the tenant improvements plans and specifications relating thereto, including any upgrades from Building standard construction materials; and Tenant agrees that if any such changes do result in delay in the Work Letter that are identified with an “X” in the column labeled “Tenant” Substantial Completion Date (the ‘‘Tenant Items”as defined below). The items on the Work Letter that are identified with an “X” in the column labeled “Landlord” , same shall be performed by Landlord at Landlord’s sole cost and expense with contractors chosen at Landlord’s sole and absolute discretion. All costs for the deemed a Tenant Items in the Work Letter shall be paid solely with funds from the TI Allowance Delay (as defined below). Notwithstanding anything herein To the extent Tenant is required or has the option to the contrary, Landlord shall not be required to spend more than the TI Allowance (defined below) select colors and finishes for the Tenant Items and any cost of the portions of Landlord’s Work that are Work, Tenant Items which are in excess of shall promptly make such selections from the TI Allowance shall be paid Building standard selections offered by Tenant. For purposes of this Lease, “substantial completion” of Landlord.
11.02 Landlord’s Work shall be deemed to occur when “substantially” completed on the Premises are ready for Tenant’ occupancy except for minor items which do not cause material interference with Tenant’s use and occupancy of date (the Premises with “Substantial Completion Date”) Tenant receives notice from Landlord having obtained that Landlord has received, if required, a certificate of occupancy (temporary or permanent) issued by the Town of Lexington and a certificate of substantial completion issued by Landlord’s architect indicating that such work has been completed in accordance with Exhibit H and the Plans and Specifications except for Punch List items (as hereinafter defined). Notwithstanding the Premisesforegoing, if any delay in the substantial completion of the Landlord’ s Work by Landlord is due to Tenant Delays (defined below), then the Substantial Completion Date shall be deemed to be the date Landlord’s Work would have been substantially completed, if not for such Tenant Delays, as reasonably determined by Landlord. If substantial “Tenant Delays” shall mean any delay(s) caused by: (i) any change to Landlord’s Work requested by Tenant; (ii) any request by Tenant for a delay in the commencement or completion of Landlord’s Work is delayed by a Tenant Delay, then substantial completion shall be deemed to occur on the date on which the Landlord’s Work in the Premises would have been substantially completed but for the occurrence of any Tenant Delay. As used herein, a “Tenant Delay” shall mean each day of delay in the performance of the Landlord’s Work that occurs (a) because of Tenant’s failure to timely deliver or approve any required documentation such as any design or space plans (it being agreed that Tenant shall have a reasonable time to review and comment on any such design or space plan, which reasonable time shall be no less than five (5) business days), (b) because of any change by Tenant to any design or space plans after the same have been approved as final by Tenant in writing, reason; or (ciii) because any other act of Tenant or its employees, agents, agents or contractors otherwise delay completion or any omission of Tenant or its employees, agents or contractors which reasonably inhibits the Landlord, as reasonably determined by Landlord, from timely completing Landlord’s Work. On The Premises shall not be deemed to be unavailable if only minor or before October 15 2018insubstantial details of construction, decoration or mechanical adjustments remain to be done. If as a result of Tenant Delays the Premises are deemed ready for Tenant’s architect occupancy, pursuant to the foregoing (and the term shall deliver all planshave commenced by reason thereof), drawings, narratives and other materials required but the Premises are not in fact actually ready for submission of a TAA to Massport. For avoidance of doubt, Tenant’s failure to cause its architect to delivery such plans by such date shall be a Tenant Delay. In the event Tenant does not spend the entire TI Allowanceoccupancy, all remaining TI Allowance funds shall remain property of Landlord. Tenant shall not (except with Landlord’s consent not to be obligated unreasonably withheld, conditioned or delayed) be entitled to pay any charge take possession of the Premises for the permitted use of until the building services (including, but not limited to, parking, freight elevators, loading docks, air handling capacity, utilization of the building chases premises are in fact actually ready for ducting purposes, and electricity) during construction of Landlord’s Work or during Tenant’s move into the Premises. The loading dock which may be used by Tenant during the Term shall be identified on a ground floor plan to be attached hereto as Exhibit A-1. Landlord shall provide for Tenant’s exclusive use a generator with an output not to exceed 250kW. Landlord shall contribute an amount not to exceed $50,000 towards the generator costs, which shall include but are not limited to the procurement and installation of the generator and transfer switch (collectively, the “Generator Installation Costs”), but shall exclude any costs related to any dunnage installation to the Building necessary to install the generator (the “Generator Dunnage Costs”). The Generator Dunnage Costs shall be the sole responsibility of Landlord. All Generator Installation Costs in excess of Landlord’s $50,000 contribution, exclusive of the Generator Dunnage Costs, shall be borne by Tenant. In addition, Tenant shall have the right, subject to Article 6.2.4, to install HVAC equipment, antennas and satellite dishes on the roof or other part of the Buildingsuch occupancy.
Appears in 1 contract
Landlord’s Work. After having obtained the Permits, Landlord shall perform improvements (the “Landlord’s Work”) in construct the Premises and related improvements on the Premises Site on a turnkey basis at no cost to Tenant, in accordance with the Plans and Specifications attached hereto as Exhibit "C" and in accordance with the zoning, building, environmental, health an safety codes of the governmental units in which the Premises are situated ("Landlord's Work"). Landlord's Work Letter and all such improvements shall be in compliance with all applicable lawssubstantially completed, codes excepting Punchlist Items (as hereinafter defined), and regulations. Landlord possession of the completed Premises shall engage The Richmond Group as the general contractor be delivered to Tenant for the performance commencement of Tenant's Work within the tenant improvements in the Work Letter that are identified with an “X” in the column labeled “Tenant” (the ‘‘Construction Period, delays due to Force Majeure events excepted. Tenant Items”). The items on the Work Letter that are identified with an “X” in the column labeled “Landlord” shall be performed by Landlord at Landlord’s sole cost and expense with contractors chosen at Landlord’s sole and absolute discretion. All costs for the Tenant Items in the Work Letter shall be paid solely with funds from the TI Allowance (defined below). Notwithstanding anything herein to the contrary, Landlord shall not be required to spend more than the TI Allowance (defined below) for the Tenant Items and any cost of the portions of Landlord’s Work that are Tenant Items which are in excess of the TI Allowance shall be paid by Tenant. For purposes of this Lease, “substantial completion” of Landlord’s Work shall be deemed to occur when Sterling Master Form Lease 11/07/00 have accepted the Premises are ready for provided Landlord's Work is substantially complete, excepting Punchlist Items which Landlord shall be obligated to complete as set forth in Section 15.4, and provided further that Tenant is able to perform Tenant’ occupancy except for minor items which do not cause material 's Work without unreasonable interference with by Landlord. Conditioned upon Tenant’s use and occupancy 's providing Landlord reasonable assurance that Tenant's placement of a satellite dish on the roof of the Premises with Landlord having obtained a certificate of occupancy for the Premises. If substantial completion of Landlord’s Work is delayed by a Tenant Delay, then substantial completion shall be deemed to occur on the date on which the Landlord’s Work in the Premises would have been substantially completed but for the occurrence of any Tenant Delay. As used herein, a “Tenant Delay” shall mean each day of delay in the performance of the Landlord’s Work that occurs (a) because of Tenant’s failure to timely deliver or approve any required documentation such as any design or space plans (it being agreed that Tenant shall have a reasonable time to review and comment on any such design or space plan, which reasonable time shall be no less than five (5) business days), (b) because of any change by Tenant to any design or space plans after the same have been approved as final by Tenant in writing, or (c) because Tenant or its employees, agents, or contractors otherwise delay completion of the Landlord’s Work. On or before October 15 2018, Tenant’s architect shall deliver all plans, drawings, narratives and other materials required for submission of a TAA to Massport. For avoidance of doubt, Tenant’s failure to cause its architect to delivery such plans by such date shall be a Tenant Delay. In the event Tenant does will not spend the entire TI Allowance, all remaining TI Allowance funds shall remain property of Landlord. Tenant shall not be obligated to pay any charge for the use of the building services (including, but not limited to, parking, freight elevators, loading docks, air handling capacity, utilization of the building chases for ducting purposes, and electricity) during construction of Landlord’s Work or during Tenant’s move into the Premises. The loading dock which may be used by Tenant during the Term shall be identified on a ground floor plan to be attached hereto as Exhibit A-1. Landlord shall provide for Tenant’s exclusive use a generator with an output not to exceed 250kW. Landlord shall contribute an amount not to exceed $50,000 towards the generator costs, which shall include but are not limited to the procurement and installation of the generator and transfer switch (collectively, the “Generator Installation Costs”), but shall exclude any costs related to any dunnage installation to the Building necessary to install the generator (the “Generator Dunnage Costs”). The Generator Dunnage Costs shall be the sole responsibility of Landlord. All Generator Installation Costs in excess of Landlord’s $50,000 contribution, exclusive of the Generator Dunnage Costs, shall be borne by Tenant. In additionvoid applicable roof warranties, Tenant shall have the right, subject to Article 6.2.4, right to install HVAC equipment, antennas and satellite dishes on the roof or other part the Premises a satellite dish in accordance with plans and specifications set forth on Exhibit "C". Upon expiration or earlier tern1ination of this Lease, Tenant shall remove any satellite dish and related equipment installed on the roof of the BuildingPremises and repair any damage caused in connection therewith. .
Appears in 1 contract
Sources: Assignment and Assumption of Lease (Aei Income & Growth Fund Xxii LTD Partnership)
Landlord’s Work. A) Landlord shall perform improvements (cause the “construction of Landlord’s Work”) in the Premises 's Work in accordance with the attached Work Letter and all such improvements shall be in compliance with all applicable laws, codes and regulationslaws as provided in Exhibit D, attached hereto captioned "Leasehold Improvements". The term of this Lease shall begin (the "Commencement Date") on the date (i) Landlord shall engage The Richmond Group has substantially completed that portion of Landlord's Work required to be completed prior to the Commencement Date, as provided herein in paragraph 1 A) 1) of Exhibit D, other than such "punch list" items which can be completed within thirty (30) days and without material interference with Tenants efforts to ready the general contractor Premises for Tenant's occupancy; and (ii) Landlord has given Tenant written notice that the Premises is ready for Tenant's possession.
B) Landlord covenants to diligently rectify the items contained in the "punch list" while minimizing interference with the performance of Tenant's Work.
C) Promptly after the tenant improvements in the Work Letter that are identified with an “X” in the column labeled “Tenant” (the ‘‘Tenant Items”). The items on the Work Letter that are identified with an “X” in the column labeled “Landlord” shall be performed by Landlord at Landlord’s sole cost and expense with contractors chosen at Landlord’s sole and absolute discretion. All costs for the Tenant Items in the Work Letter shall be paid solely with funds from the TI Allowance (defined below). Notwithstanding anything herein to the contraryLease Date, Landlord shall not be required to spend more than the TI Allowance (defined below) prepare building plans for the Landlord's Work and submit same to the applicable governmental authorities to obtain all necessary permits to construct Landlord's Work (the "Landlord's Permits"). If Landlord does not obtain the Landlord's Permits within sixty (60) days after the Lease Date, then either Landlord (provided Landlord has diligently attempted to obtain Landlord's Permits) or Tenant Items and any cost may terminate this Lease by giving notice of such termination to the other party within ten (10) days after such sixty (60) day period.
D) Landlord's Architect shall determine the Floor Area of the portions of Landlord’s Work that are Tenant Items which are in excess of the TI Allowance shall be paid by Tenant. For purposes of this Lease, “substantial completion” of Landlord’s Work shall be deemed to occur when the Building Premises are ready for Tenant’ occupancy except for minor items which do not cause material interference with Tenant’s use and occupancy of the Premises with Landlord having obtained a certificate of occupancy for the Premises. If substantial completion of Landlord’s Work is delayed by a Tenant Delay, then substantial completion shall be deemed to occur on the date on which the Landlord’s Work in the Premises would have been substantially completed but for the occurrence of any Tenant Delay. As used herein, a “Tenant Delay” shall mean each day of delay in the performance of the Landlord’s Work that occurs (a) because of Tenant’s failure to timely deliver or approve any required documentation such as any design or space plans (it being agreed that Tenant shall have a reasonable time to review and comment on any such design or space plan, which reasonable time shall be no less than five (5) business days), (b) because of any change by Tenant to any design or space plans after the same have been approved as final by Tenant in writing, or (c) because Tenant or its employees, agents, or contractors otherwise delay upon completion of the Landlord’s Work's Work and notify both Landlord and Tenant, in writing, of such measurements prior to the Rent Commencement Date. On or before October 15 2018, Tenant’s architect shall deliver all plans, drawings, narratives and other materials required for submission of a TAA to Massport. For avoidance of doubt, Tenant’s failure to cause its architect to delivery such plans Such determination by such date Landlord's Architect shall be a binding on Tenant, unless Tenant Delay. In the event Tenant does not spend the entire TI Allowancegives Landlord written notification of such disagreement within fifteen (15) days after receiving such determination, all remaining TI Allowance funds shall remain property of Landlord. in which case, Landlord and Tenant shall not agree on an independent architect (to be obligated paid in equal shares by Landlord and Tenant) to pay any charge for the use of the building services (including, but not limited to, parking, freight elevators, loading docks, air handling capacity, utilization of the building chases for ducting purposes, and electricity) during construction of Landlord’s Work or during Tenant’s move into the Premises. The loading dock determine Floor Area which may be used by Tenant during the Term determination shall be identified binding on a ground floor plan to be attached hereto as Exhibit A-1. Landlord shall provide for and Tenant’s exclusive use a generator with an output not to exceed 250kW. Landlord shall contribute an amount not to exceed $50,000 towards the generator costs, which shall include but are not limited to the procurement and installation of the generator and transfer switch (collectively, the “Generator Installation Costs”), but shall exclude any costs related to any dunnage installation to the Building necessary to install the generator (the “Generator Dunnage Costs”). The Generator Dunnage Costs shall be the sole responsibility of Landlord. All Generator Installation Costs in excess of Landlord’s $50,000 contribution, exclusive of the Generator Dunnage Costs, shall be borne by Tenant. In addition, Tenant shall have the right, subject to Article 6.2.4, to install HVAC equipment, antennas and satellite dishes on the roof or other part of the Building.
Appears in 1 contract
Landlord’s Work. (a) Upon Landlord and Tenant’s final approval of the Drawings and Specifications, the same shall perform improvements (constitute the “Approved Plans”, and the work shown on such final Drawings and Specifications shall be deemed “Landlord’s Work”) in ” unless otherwise noted thereon. Following final approval of the Premises Approved Plans, Landlord agrees to apply for a building permit and upon issuance thereof, to cause Landlord’s Work to be completed, installed or performed, as the case may be, in accordance with therewith, subject only to minor variations and/or variations necessitated by the attached Work Letter unavailability of specified materials and all such improvements equipment. Except as above provided, no deviation from the Approved Plans shall be in compliance made by either party except by written change order approved by the other party, which approval shall not be unreasonably withheld or delayed. If Tenant requests or causes the need for any change orders with all applicable lawsrespect to Landlord’s Work, codes and regulations. Landlord shall engage The Richmond Group as the general contractor for the performance net cost of the tenant improvements in the Work Letter that are identified with an “X” in the column labeled “Tenant” (the ‘‘Tenant Items”). The items on the Work Letter that are identified with an “X” in the column labeled “Landlord” such change orders shall be performed by Landlord at LandlordTenant’s sole cost and expense with contractors chosen at Landlord’s sole and absolute discretionany delays resulting therefrom shall constitute “Tenant Delays” hereunder. All costs for If any change orders increase the Tenant Items in the Work Letter shall be paid solely with funds from the TI Allowance (defined below). Notwithstanding anything herein to the contrary, Landlord shall not be required to spend more than the TI Allowance (defined below) for the Tenant Items and any cost of the portions of Landlord’s Work that are Work, Tenant Items which are shall pay Landlord the incremental additional cost associated with any such change orders within fifteen (15) days after Landlord’s demand therefor.
(b) Notwithstanding anything to the contrary in excess of the TI Allowance this Exhibit C, Tenant shall be paid by responsible for all work, construction, installations or improvements in or to the Premises which is not designated as Landlord’s Work (including but not limited to the installation of all fixtures, furniture, equipment and other office installations.) Such work shall hereinafter be referred to as “Tenant’s Work,” and shall be at Tenant’s sole cost and expense. For purposes Prior to commencing Tenant’s Work, Tenant shall submit drawings and specifications describing Tenant’s Work to Landlord, showing all aspects of this Leasesuch work in reasonable detail, “substantial completion” of to Landlord for Landlord’s review and approval, not to be unreasonably withheld. Tenant’s Work shall be deemed treated as an “alteration” or “improvement” under the Lease, and shall be subject to occur when the terms of (and approval procedures described in) the Lease with regard to alterations. Tenant and its contractors will have reasonable access to the Premises are ready prior to the Commencement Date upon prior notice to and specific approval of Landlord in order to install wires and cables and other accessories for Tenant’ occupancy except for minor items which do not cause material interference computer and telecommunication systems; provided that, in no event, shall such work conflict with Tenant’s use and occupancy of the Premises with Landlord having obtained a certificate of occupancy for the Premises. If substantial completion of Landlord’s Work is delayed by a Tenant Delayor result, then substantial completion shall be deemed to occur on the date on which the in Landlord’s Work in judgment, with the Premises would have been substantially completed but cost or completion date for the occurrence of any Tenant Delay. As used herein, a “Tenant Delay” shall mean each day of delay in the performance of the Landlord’s Work that occurs (a) because of Tenant’s failure to timely deliver or approve any required documentation such as any design or space plans (it being agreed that Tenant shall have a reasonable time to review and comment on any such design or space plan, which reasonable time shall be no less than five (5) business days), (b) because of any change by Tenant to any design or space plans after the same have been approved as final by Tenant in writing, or (c) because Tenant or its employees, agents, or contractors otherwise delay completion of the Landlord’s Work. On or before October 15 2018Without any limitation of the foregoing, Tenant’s architect shall deliver all plans, drawings, narratives Landlord may require that any such installation be performed by contractors satisfactory to Landlord and other materials required for submission of a TAA to Massport. For avoidance of doubt, Tenant’s failure to cause its architect to delivery such plans by such date shall be a Tenant Delay. In under the event Tenant does not spend the entire TI Allowance, all remaining TI Allowance funds shall remain property supervision of Landlord’s contractors. Landlord acknowledges that some or all of the installations of the installation of computer and telecommunications equipment may be installed by RNK Telecom in accordance with Section 15.2 of the Lease and, further, that Tenant may move in some of its own office equipment and furnishings itself. Tenant shall not be obligated indemnify and hold harmless Landlord, its agents, employees, officers, directors, partners and shareholders from and against any and all third party liabilities, judgments, demands, causes of action, claims, losses, damages, costs and expenses, including reasonable attorneys’ fees and costs, asserted against Landlord by third parties or sustained in connection with any third party claims for injury or death to pay any charge for the use persons or damage to property against Landlord, by third parties and arising out of the building services (including, but not limited to, parking, freight elevators, loading docks, air handling capacity, utilization of the building chases for ducting purposes, and electricity) during construction of Landlord’s Work or during Tenant’s move into the Premises. The loading dock which may be used by Tenant during the Term shall be identified on a ground floor plan to be attached hereto as Exhibit A-1. Landlord shall provide for Tenant’s exclusive use a generator with an output not to exceed 250kW. Landlord shall contribute an amount not to exceed $50,000 towards the generator costs, which shall include but are not limited to the procurement and installation of the generator wires and transfer switch (collectively, the “Generator Installation Costs”), but shall exclude any costs related to any dunnage installation to the Building necessary to install the generator (the “Generator Dunnage Costs”). The Generator Dunnage Costs shall be the sole responsibility of Landlord. All Generator Installation Costs in excess of Landlord’s $50,000 contribution, exclusive of the Generator Dunnage Costs, shall be borne by Tenant. In addition, Tenant shall have the right, subject to Article 6.2.4, to install HVAC equipment, antennas cables and satellite dishes on the roof or other part of the Buildingaccessories for computer and telecommunication systems.
Appears in 1 contract
Landlord’s Work. (a) Subject to the terms and conditions hereof, Landlord shall perform improvements Substantially Complete (as defined below) the (i) Base Building Shell Work, and (ii) Tenant Improvement Work (as those terms are more fully defined below) (collectively (i) and (ii), are “Landlord’s Work”) in the Premises designed and constructed in accordance with the attached Work Letter Base Building Plans and all such improvements shall be the Plans (as those terms are defined below), including but not limited to construction materials, design and finishes set forth thereon, and otherwise in compliance with all life safety requirements and Legal Requirements of general applicability to the Building (including without limitation the Americans with Disabilities Act (“ADA”), and all governmental permits and approvals if and to the extent applicable lawsto the Base Building Shell Work, codes which shall be obtained by Landlord). As of the Substantial Completion Date (as hereinafter defined), the roof, structural elements and regulationsbuilding systems of the Building shall be in good order and repair. Landlord shall engage The Richmond Group use commercially reasonable speed and diligence to Substantially Complete the Landlord’s Work on or before the Anticipated Term Commencement Date (other than Landlord’s Work with respect to Premises B (the “Premises B Work”), for which Landlord shall use commercially reasonable speed and diligence to Substantially Complete on or before the Anticipated Premises B Commencement Date), all subject to delays caused by Tenant Delays (as defined below) or event(s) of Force Majeure (as defined below), but, except as set forth in this Subsection (a), in no event shall Landlord be liable to Tenant for any failure to Substantially Complete the Landlord’s Work (or the Premises B Work) on any specified date, nor shall such failure give rise to any default or other remedies under this Lease or at law or equity, or otherwise affect the validity of this Lease or the obligations of Tenant hereunder. Notwithstanding the foregoing:
(I) with respect to Premises A: (x) in the event that the Term Commencement Date does not occur by the date that is sixty (60) days following the Anticipated Term Commencement Date (the “First Outside Commencement Date”), then, except to the extent such delay is caused by Tenant Delay or Force Majeure, Tenant shall be entitled to a rent credit equal to one day’s rent at the Yearly Rent per diem (at the rate in effect immediately following the Term Commencement Date) for each day following the First Outside Commencement Date until the earlier of (1) the day prior to the Term Commencement Date or (2) the date that is one hundred twenty (120) days following the Anticipated Commencement Date (the “Second Outside Commencement Date”); (y) in the event that the Term Commencement Date does not occur by the Second Outside Commencement Date, then, except to the extent such delay is caused by Tenant Delay or Force Majeure, Tenant shall be entitled to a rent credit equal to two day’s rent at the Yearly Rent per diem (at the rate in effect immediately following the Term Commencement Date) for each day following the Second Outside Commencement Date until the day prior to the Term Commencement Date; and (z) in the event that the Term Commencement Date does not occur by the date that is twenty-four (24) months following the Anticipated Term Commencement Date (the “Third Outside Commencement Date”), then, except to the extent such delay is caused by Tenant Delay or Force Majeure, Tenant shall have the right to terminate the Lease by giving written notice to Landlord of Tenant’s desire to do so within ten (10) business days after the Third Outside Commencement Date; and, upon the giving of such notice, the term of the Lease shall cease and come to an end as of the date that is thirty (30) days after Landlord’s receipt of such written termination notice from Tenant, without further liability or obligation on the part of either party unless, on or before such date, the Term Commencement Date occurs (in which event, Tenant’s termination notice shall be void and this Lease shall continue in full force and effect); and
(II) with respect to Premises B: (x) in the event that the Premises B Commencement Date does not occur by the date that is sixty (60) days following the Anticipated Premises B Commencement Date (the “First Premises B Outside Commencement Date”), then, except to the extent such delay is caused by Tenant Delay or Force Majeure, Tenant shall be entitled to a rent credit equal to one day’s rent at the Yearly Rent per diem with respect to Premises B only (at the rate in effect immediately following the Premises B Commencement Date) for each day following the First Premises B Outside Commencement Date until the earlier of (1) the day prior to the Premises B Commencement Date or (2) the date that is one hundred twenty (120) days following the Anticipated Premises B Commencement Date (the “Second Premises B Outside Commencement Date”); (y) in the event that the Premises B Commencement Date does not occur by the Second Premises B Outside Commencement Date, then, except to the extent such delay is caused by Tenant Delay or Force Majeure, Tenant shall be entitled to a rent credit equal to two day’s rent at the Yearly Rent per diem with respect to Premises B only, (at the rate in effect immediately following the Premises B Commencement Date) for each day following the Second Premises B Outside Commencement Date until the day prior to the Premises B Commencement Date; and (z) in the event that the Premises B Commencement Date does not occur by the date that is twenty-four (24) months following the Anticipated Premises B Term Commencement Date (the “Third Premises B Outside Commencement Date”), then, except to the extent such delay is caused by Tenant Delay or Force Majeure, Tenant shall have the right to terminate the Lease with respect to Premises B only by giving written notice to Landlord of Tenant’s desire to do so within ten (10) business days after the Third Premises B Outside Commencement Date; in which case:
a. all obligations of the parties with respect to Premises B shall cease and be of no further force or effect (except for any obligations which expressly survive the early termination thereof);
b. Tenant shall receive a credit against Yearly Rent payable under the Lease (the “Premises B Termination Credit”) in an amount equal to four (4) monthly installments of Yearly Rent then payable under the Lease that would otherwise have been payable with respect to Premises B (by way of example and not of limitation, if the Lease with respect to Premises B is so terminated in the second (2nd) Lease Year, the Premises B Termination Credit would equal $621,691.52 ($98.88 x 18,862 rsf / 12 months * 4 months)); and
c. the Lease shall otherwise continue in full force and effect except that the Premises shall be deemed to consist only of Premises A (and Yearly Rent, the number of Parking Spaces, and Tenant’s share of Common Laboratory Facilities, and such other calculations based on rentable square footage shall be adjusted accordingly and the approved list of Tenant’s Hazardous Materials (as the general contractor same may be modified in accordance with Section 29.11) shall be adjusted as appropriate), all as of the date that is thirty (30) days after Landlord’s receipt of such written partial termination notice from Tenant, without further liability or obligation on the part of either party unless, on or before such date, the Premises B Commencement Date occurs (in which event, Tenant’s partial termination notice shall be void and this Lease shall continue in full force and effect). Without limiting the foregoing, Landlord shall have the option, exercised by written notice to Tenant at any time prior to the date that is fifteen (15) calendar months following the Anticipated Premises B Commencement Date, to substitute alternate space for Premises B provided that such space (the “Alternate Premises B”) is substantially the same size and located somewhere on the second (2nd) through fourth (4th) floors of the 6▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ building. Tenant shall have ten (10) days following Landlord’s notice to approve or reject the Alternate Premises B (and failure to so timely respond shall be deemed approval). If Tenant approves the Alternate Premises B, the Alternate Premises B shall replace Premises B for all purposes under this Lease (including, without limitation, Landlord’s performance of the Premises B Work which shall remain subject to the Premises B Commencement Date delay remedies set forth above); if Tenant rejects the Alternate Premises B, the Lease shall continue in full force and effect excepting only that in the event that Tenant terminates the Lease with respect to Premises B in accordance with this Subsection (a), Tenant shall not be entitled to receive any portion of the Premises B Termination Credit. The foregoing are intended to be a liquidated reimbursement provision, and Tenant’s sole remedy in such case (except as set forth in the following sentence), and not a penalty, and represents the parties’ good faith agreement as to an amount which shall have been incurred by Tenant and which shall otherwise not be susceptible of exact ascertainment. Notwithstanding anything to the contrary contained herein, the Anticipated Term Commencement Date and the Expiration Date shall be extended by any period of time that Landlord is delayed in the performance of Landlord’s Work caused by Tenant Delays or an event of Force Majeure.
(b) As used herein, the tenant improvements in term “Base Building Shell Work” shall refer to the Work Letter that are identified with an base building core and shell work shown as “XLandlord Base” in on the column labeled “TenantOne Kenmore Square Life Science Center (Beacon) – Base Building and T.I. Matrix” (“Landlord/Tenant Matrix”) attached hereto as Exhibit 4-1 hereto in accordance with the ‘‘Tenant Itemsplans and specifications prepared by, among others, Stantec Architecture and Engineering P.C. (“Landlord’s Architect”) as currently referenced on Exhibit 4-2 hereto (the “Base Building Plans”). The items on the Work Letter that are identified with an “X” in the column labeled “Landlord” shall be , as performed by Landlord Landlord, at Landlord’s sole cost and expense expense, in a good and workerlike manner, in compliance with contractors chosen at Landlord’s sole and absolute discretion. All costs for the Tenant Items in the Work Letter shall be paid solely with funds from the TI Allowance (defined below). Notwithstanding anything herein all Legal Requirements of general applicability to the contrary, Landlord shall not be required Building (as opposed to spend more than the TI Allowance (defined below) for the Tenant Items and any cost Tenant’s specific use or manner of the portions of Landlord’s Work that are Tenant Items which are use therein or in excess of the TI Allowance shall be paid by Tenant. For purposes of this Lease, “substantial completion” of Landlord’s Work shall be deemed to occur when the Premises are ready for Tenant’ occupancy except for minor items which do not cause material interference connection with Tenant’s use Improvement Work), and occupancy all governmental permits and approvals if and to the extent applicable thereto, which shall be obtained by Landlord, which includes the delivery of certain systems and conditions to the general quality of the Premises with Landlord having obtained a certificate design of occupancy for the Premises. If substantial completion of Landlord’s Work is delayed by a Tenant Delay, then substantial completion shall be deemed to occur Building as shown on the date on which Base Building Plans. Landlord has submitted the Landlord’s Work in Base Building Plans to Tenant and Tenant has approved the Premises would have been substantially completed but for the occurrence of any Tenant DelayBase Building Plans. As used herein, a the term “Tenant DelayImprovement Work” shall mean each day of delay the leasehold improvements to the Premises to be constructed within the Premises by Landlord in accordance with the performance of Space Plans (as defined below) and the Plans (as defined below) to be prepared in accordance with this Section 4.2 and as detailed and further allocated and shown as “Tenant Improvements” on the Landlord’s Work that occurs (a) because of Tenant’s failure to timely deliver or approve any required documentation such as any design or space plans (it being agreed that /Tenant shall have a reasonable time to review and comment on any such design or space plan, which reasonable time shall be no less than five (5) business days), (b) because of any change by Tenant to any design or space plans after the same have been approved as final by Tenant in writing, or (c) because Tenant or its employees, agents, or contractors otherwise delay completion of the Landlord’s Work. On or before October 15 2018, Tenant’s architect shall deliver all plans, drawings, narratives and other materials required for submission of a TAA to Massport. For avoidance of doubt, Tenant’s failure to cause its architect to delivery such plans by such date shall be a Tenant Delay. In the event Tenant does not spend the entire TI Allowance, all remaining TI Allowance funds shall remain property of Landlord. Tenant shall not be obligated to pay any charge for the use of the building services (including, but not limited to, parking, freight elevators, loading docks, air handling capacity, utilization of the building chases for ducting purposes, and electricity) during construction of Landlord’s Work or during Tenant’s move into the Premises. The loading dock which may be used by Tenant during the Term shall be identified on a ground floor plan to be Matrix attached hereto as Exhibit A-14-1, and as further set forth and detailed in the Base Building Plans. Landlord’s Work shall not include, without limitation, Tenant’s furniture, trade fixtures, equipment, personal property, data and communications equipment and cabling, and shall be limited to construction as generally laid out and specified on the Base Building Plans and/or the Plans. Landlord reserves the right to make changes and like-kind substitutions to the Base Building Plans or Landlord’s Work to the extent reasonably required, for instance, to accommodate field conditions, permitting requirements, unavailability of materials, required to respond to emergency circumstances, and other changes or conditions which first become apparent following the execution of this Lease, provided that the same do not materially modify the final aesthetics of the Tenant Improvement Work) and provided further that the same do not materially adversely modify the Base Building Plans (as to the Premises), the Base Building Shell Work (as to the Premises) or Tenant’s Improvement Work or Tenant’s ability to use of the Premises for the Permitted Use. Landlord shall provide for Tenant’s exclusive use a generator Representative with an output not reasonable prior notice of and Tenant’s Representative (and Tenant’s Design Team) shall be invited to exceed 250kW. attend regular job meetings relating to the Tenant Improvement Work or related Base Building Shell Work with Landlord and Landlord’s general contractor (and if. Tenant acknowledges that it has engaged (or shall contribute an amount not engage) its architects, designers, engineers, construction managers and consultants (“Tenant’s Design Team”) in connection with its design and planning of the Tenant Improvement Work and Tenant shall be solely responsible for the actions and/or omissions of Tenant’s Design Team or for any delays caused by Tenant’s Design Team (or plans and specifications prepared thereby, including the Space Plans, the Permit Set or the Plans (all as defined below)) other than as directly results from material inaccuracies in the Base Building Shell Work or from the failure of Landlord to exceed $50,000 towards construct Landlord’s Work in accordance with the generator costsPlans in all material respects. Landlord’s approval of any of Tenant’s Design Team and/or of any documents prepared by any of them, which shall include including but are not limited to the procurement and installation Space Plans, the Permit Set or the Plans, or of the generator Tenant’s Improvement Work shown thereon is solely given for the benefit of Landlord and transfer switch shall not be for the benefit of Tenant or any third party or be construed as a representation or warranty as to the suitability or legal compliance of same (collectivelyincluding without limitation the ADA) and other accessibility requirements, and all governmental permits and approvals if and to the extent applicable to Landlord’s Work, which shall be obtained by Landlord), and Landlord shall have no duty to Tenant or to any third parties for the actions or omissions of Tenant’s Design Team, the “Generator Installation Costs”Space Plans, the Permit Set or the Plans or Tenant’s Improvement Work shown thereon. Without limiting, but subject to the foregoing, Tenant shall be responsible for all elements of the design of the Tenant Improvement Work (including, without limitation, compliance with Legal Requirements (including without limitation the ADA and other accessibility requirements as aforesaid), functionality of design, the structural integrity of the design, the configuration of the Premises and the placement of Tenant’s furniture, appliances and equipment), and Landlord’s approval of Tenant’s Plans shall in no event relieve Tenant of the responsibility therefor. To the maximum extent the following agreement may be made effective according to law (including the limitations set forth in M.G.L. c. 186, §15), but shall exclude any costs related subject to any dunnage installation Tenant’s insurance requirements pursuant to the Building necessary to install the generator (the “Generator Dunnage Costs”). The Generator Dunnage Costs shall be the sole responsibility of Landlord. All Generator Installation Costs in excess of Landlord’s $50,000 contribution, exclusive Article 15 and Article 19 of the Generator Dunnage Costs, shall be borne by Tenant. In additionLease, Tenant shall have indemnify and hold harmless Landlord against any and all losses, costs, damages, claims and liabilities arising from the rightactions or omissions of Tenant’s Design Team, subject including any delays as a result thereof, except as directly results from material inaccuracies in the Base Building Shell Work or from the failure of Landlord to Article 6.2.4, to install HVAC equipment, antennas and satellite dishes on construct Landlord’s Work in accordance with the roof or other part of the BuildingPlans in all material respects.
Appears in 1 contract
Sources: Lease (Gritstone Bio, Inc.)
Landlord’s Work. Promptly following full execution of this Lease, Landlord, in a good and workmanlike manner and at Landlord's expense, (a) shall undertake demolition of those portions of the Premises identified on and in accordance with Tenant's demolition plans and specifications, prepared by ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ Architects, dated 2/1/94, consisting of five (5) sheets numbered D1 through D5 and labelled "PMARE @ MELLON BANK CENTER", a true and correct copy of which has been delivered to and approved by Landlord shall perform improvements (excluding any demolition of areas on the “Landlord’s Work”) 30th floor of the Building shown on such plans and specifications but not contained in the Premises in accordance with on the attached Work Letter 30th floor of the Building), and all (b) shall remove and dispose of the debris resulting from such improvements shall be in compliance with all applicable laws, codes and regulationsdemolition ("Landlord's Work"). Landlord shall engage The Richmond Group as complete the general contractor Landlord's Work within twenty-one (21) days from the date of full execution of this Lease except with respect to the removal of the stairs between the floors of the Premises and redecking of the floors, which Landlord shall complete within forty-two (42) days from the date of full execution of this Lease; provided, however, that the aforesaid periods for completion of Landlord's Work shall be extended one day for each day that Landlord is delayed in the performance of the tenant improvements such work by reason of interference by Tenant's contractors or subcontractors performing work in the Work Letter that are identified with an “X” in Premises. During the column labeled “period of Landlord's performance of Landlord's Work, Landlord shall control the hours and locations at which Tenant” ('s contractors and subcontractors may perform work within the ‘‘Tenant Items”). The items on the Work Letter that are identified with an “X” in the column labeled “Landlord” shall be performed by Landlord at Landlord’s sole cost and expense with contractors chosen at Landlord’s sole and absolute discretion. All costs for the Tenant Items in the Work Letter shall be paid solely with funds from the TI Allowance (defined below). Notwithstanding anything herein to the contraryPremises, but Landlord shall not be required to spend more than the TI Allowance (defined below) responsible for the Tenant Items and any cost aspect of the portions of Landlord’s Work that are Tenant Items which are in excess of the TI Allowance shall be paid work performed by Tenant's contractors and subcontractors by reason of such control. For purposes of this Lease, “substantial completion” of Landlord’s Work Landlord shall be deemed to occur when the Premises are ready for Tenant’ occupancy except for minor items which do not cause material interference with Tenant’s use and occupancy of the Premises with Landlord having obtained a certificate of occupancy for the Premises. If substantial completion of Landlord’s Work is delayed by a Tenant Delay, then substantial completion shall be deemed to occur on the date on which the Landlord’s Work leave in the Premises would have been substantially completed but those salvageable materials listed on Exhibit "J" attached hereto, in reasonably good and serviceable condition, for the occurrence of any use by Tenant Delay. As used herein, a “Tenant Delay” shall mean each day of delay in the performance of the Landlord’s Work that occurs (a) because of Tenant’s failure to timely deliver or approve any required documentation such as any design or space plans (it being agreed that Tenant shall have a reasonable time to review and comment on any such design or space plan, which reasonable time shall be no less than five (5) business days), (b) because of any change by Tenant to any design or space plans after the same have been approved as final by Tenant in writing, or (c) because Tenant or its employees, agents, or contractors otherwise delay completion of the Landlord’s Work. On or before October 15 2018, Tenant’s architect shall deliver all plans, drawings, narratives and other materials required for submission of a TAA to Massport. For avoidance of doubt, Tenant’s failure to cause its architect to delivery such plans by such date shall be a Tenant Delay. In the event Tenant does not spend the entire TI Allowance, all remaining TI Allowance funds shall remain property of Landlord. Tenant shall not be obligated to pay any charge for the use of the building services (including, but not limited to, parking, freight elevators, loading docks, air handling capacity, utilization of the building chases for ducting purposes, and electricity) during construction of Landlord’s Work or during Tenant’s move into the Premises. The loading dock which may be used by Tenant during the Term shall be identified on a ground floor plan to be attached hereto as Exhibit A-1. Landlord shall provide for Tenant’s exclusive use a generator with an output not to exceed 250kW. Landlord shall contribute an amount not to exceed $50,000 towards the generator costs, which shall include but are not limited to the procurement and installation of the generator and transfer switch (collectively, the “Generator Installation Costs”), but shall exclude any costs related to any dunnage installation to the Building necessary to install the generator (the “Generator Dunnage Costs”). The Generator Dunnage Costs shall be the sole responsibility of Landlord. All Generator Installation Costs in excess of Landlord’s $50,000 contribution, exclusive of the Generator Dunnage Costs, shall be borne by Tenant. In addition, Tenant shall have the right, subject to Article 6.2.4, to install HVAC equipment, antennas and satellite dishes on the roof or other part of the Building.
Appears in 1 contract
Landlord’s Work. Landlord shall perform improvements (Prior to the “Commencement Date, Landlord, at Landlord’s Work”) cost and expense, shall demolish the existing improvements in the Premises. Further, notwithstanding anything to the contrary in this Lease, Landlord, at Landlord’s expense, shall renovate the restrooms located in the Premises to building standard specifications reasonably acceptable to Tenant and Landlord. Date: Supplement to Lease dated the day of , 2000, between Crown Pointe, LLC, Crown Pointe, LLC, (hereinafter referred to as “Landlord”), and Learning Tree International USA, Inc. (hereinafter referred to as “Tenant”) for 16,903 Rentable Square Feet of Office Space, Suite 1100 in the building known as ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇. Pursuant to the provisions of Paragraph 2 of the Lease, Landlord and Tenant agree as follows: the Commencement Date for the Premises is , 2000. Tenant hereby acknowledges and confirms to Landlord that Tenant is in possession of, and has accepted, the Premises demised by the Lease, and acknowledges that to the best of Tenant’s knowledge all the work to be performed by the Landlord in the Premises and as required by the terms of the Lease has been satisfactorily completed except as noted immediately below (latent structural defects excepted). Tenant further certifies that to the best of Tenant’s knowledge all conditions of the Lease required of Landlord as of this date have been fulfilled and there are no defenses or off-sets against the enforcement of the Lease by Landlord. LANDLORD: CROWN POINTE, LLC, a Georgia Limited Liability Company By OTR, an Ohio General Partnership, as Managing Member By: Title: TENANT: LEARNING TREE INTERNATIONAL USA, INC., a Delaware corporation By: /s/ ▇▇▇▇ STREAM Its: ▇▇▇▇ Stream, President Attest: /s/ ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇, III Its: ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇, III, VP/Controller [CORPORATE SEAL] ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND ▇▇▇ ▇▇▇ ▇▇ ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇ BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF THE WESTERN LAND LOT LINE OF LAND LOT 349 AND THE NORTHERN RIGHT OF WAY OF PERIMETER CENTER WEST (101.0 FOOT RIGHT OF WAY); RUNNING THENCE SOUTH 68 DEGREES 38 MINUTES 30 SECONDS EAST A DISTANCE OF 136.52 FEET TO A POINT; RUNNING THENCE ALONG THE ARC OF A CURVE AN ARC DISTANCE OF 141.50 FEET (SAID ARC HAVING A RADIUS OF 879.49 FEET AND BEING SUBTENDED BY A CHORD BEARING SOUTH 61 DEGREES 45 MINUTES 04 SECONDS EAST AND HAVING A LENGTH OF 141.35 FEET) TO A POINT; RUNNING THENCE ALONG THE ARC OF A CURVE A DISTANCE OF 85.67 FEET (SAID ARC HAVING A RADIUS OF 55.00 FEET AND BEING SUBTENDED BY A CHORD BEARING NORTH 78 DEGREES 13 MINUTES 51 SECONDS EAST AND HAVING A LENGTH OF 77.27 FEET) TO A POINT; RUNNING THENCE ALONG THE ARC OF A CURVE AN ARC DISTANCE OF 57.87 FEET (SAID ARC HAVING A RADIUS OF 362.20 FEET AND BEING SUBTENDED BY A CHORD BEARING NORTH 29 DEGREES 01 MINUTE 34 SECONDS EAST AND HAVING A LENGTH OF 57.81 FEET) TO A POINT; RUNNING THENCE NORTH 37 DEGREES 57 MINUTES 36 SECONDS EAST A DISTANCE OF 50.00 FEET TO A POINT; RUNNING THENCE NORTH 20 DEGREES 50 MINUTES 30 SECONDS EAST A DISTANCE OF 175.00 FEET TO A POINT; RUN THENCE ALONG THE ARC OF A CURVE AN ARC DISTANCE OF 131.68 FEET (SAID ARC HAVING A RADIUS OF 271.24 FEET AND BEING SUBTENDED BY A CHORD BEARING NORTH 34 DEGREES 44 MINUTES 59 SECONDS EAST AND HAVING A LENGTH OF 130.39 FEET) TO A POINT; RUNNING THENCE ALONG THE ARC OF A CURVE AN ARC DISTANCE OF 213.91 FEET (SAID ARC HAVING A RADIUS OF 271.24 FEET AND BEING SUBTENDED BY A CHORD BEARING NORTH 71 DEGREES 15 MINUTES 01 SECOND EAST AND HAVING A LENGTH OF 208.40 FEET) TO A POINT; RUNNING THENCE SOUTH 86 DEGREES 09 MINUTES 30 SECONDS EAST A DISTANCE OF 109.66 FEET TO A POINT; RUNNING THENCE ALONG THE ARC OF A CURVE AN ARC DISTANCE OF 136.80 FEET (SAID ARC HAVING A RADIUS OF 903.21 FEET AND BEING SUBTENDED BY A CHORD BEARING NORTH 89 DEGREES 30 MINUTES 09 SECONDS EAST AND HAVING A LENGTH OF 136.67 FEET) TO A POINT; RUNNING THENCE NORTH 85 DEGREES 09 MINUTES 49 SECONDS EAST A DISTANCE OF 38.75 FEET TO AN IRON PIN; RUNNING THENCE NORTH 09 DEGREES 35 MINUTES 52 SECONDS WEST A DISTANCE OF 429.05 FEET TO AN IRON PIN; RUN THENCE SOUTH 87 DEGREES 41 MINUTES 02 SECONDS WEST A DISTANCE OF 222.63 FEET TO AN IRON PIN; RUNNING THENCE SOUTH 83 DEGREES 45 MINUTES 23 SECONDS WEST A DISTANCE OF 254.00 FEET TO AN IRON PIN; RUNNING THENCE NORTH 00 DEGREES 45 MINUTES 33 SECONDS EAST A DISTANCE OF 529.89 FEET TO AN IRON PIN; RUNNING THENCE SOUTH 86 DEGREES 50 MINUTES 04 SECONDS WEST A DISTANCE OF 158.25 FEET TO A POINT; RUNNING THENCE SOUTH 85 DEGREES 27 MINUTES 28 SECONDS WEST A DISTANCE OF 294.31 FEET TO A CONCRETE MONUMENT ON ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇ ▇▇▇▇ ▇▇ ▇▇▇▇ ▇▇▇ ▇▇▇; RUNNING THENCE SOUTH 00 DEGREES 34 MINUTES 03 SECONDS WEST A DISTANCE OF 315.78 FEET TO AN IRON PIN; RUN THENCE SOUTH 00 DEGREES 42 MINUTES 26 SECONDS WEST A DISTANCE OF 641.03 FEET TO AN IRON PIN; RUNNING THENCE SOUTH 00 DEGREES 38 MINUTES 58 SECONDS WEST A DISTANCE OF 251.38 FEET TO AN IRON PIN AT THE POINT OF BEGINNING. ALL THE TRACT OF PARCEL OF LAND LYING AND BEING IN LAND ▇▇▇ ▇▇▇ ▇▇ ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: TO FIND THE POINT OF BEGINNING OF THE TRACT OF LAND HEREIN DESCRIBED, COMMENCE AT AN IRON PIN LOCATED AT THE INTERSECTION OF THE NORTHEASTERN RIGHT OF WAY LINE OF PERIMETER CENTER WEST (80 FOOT RIGHT OF WAY AT THIS POINT) AND THE WEST LINE OF LAND ▇▇▇ ▇▇▇ ▇▇ ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇ (SAID LINE ALSO BEING THE LINE DIVIDING ▇▇▇▇▇▇ COUNTY AND DEKALB COUNTY); RUNNING THENCE NORTH 00 DEGREES 43 MINUTES 15 SECONDS EAST ALONG AN OFFSET IN THE RIGHT OF WAY OF PERIMETER CENTER WEST, A DISTANCE OF 17.00 FEET TO A POINT LOCATED ON THE NORTHEASTERN RIGHT OF WAY LINE OF PERIMETER CENTER WEST (101.00 FOOT RIGHT OF WAY AT THIS POINT); RUNNING THENCE SOUTH 68 DEGREES 38 MINUTES 30 SECONDS EAST ALONG SAID RIGHT OF WAY LINE, A DISTANCE OF 80.11 FEET TO A POINT; RUNNING THENCE NORTH ALL THE TRACT OF PARCEL OF LAND LYING AND BEING IN LAND ▇▇▇ ▇▇▇ ▇▇ ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: TO FIND THE POINT OF BEGINNING, COMMENCE AT A POINT LOCATED ON THE NORTHERLY RIGHT OF WAY OF PERIMETER CENTER WEST (101 FOOT RIGHT OF WAY) AT ITS POINT OF INTERSECTION WITH THE LINE WHICH DIVIDES ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ AND ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇ (SAID POINT ALSO BEING NORTH 00 DEGREES 43 MINUTES 15 SECONDS EAST A DISTANCE OF 17.0 FEET FROM AN IRON PIN FOUND ON THE NORTHERLY RIGHT OF WAY OF PERIMETER CENTER WEST AT THE POINT WHERE THE RIGHT OF WAY CHANGES FROM AN 80 FOOT RIGHT OF WAY IN ▇▇▇▇▇▇ COUNTY TO THE ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇ ▇▇▇ ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇); RUNNING THENCE SOUTH 68 DEGREES 38 MINUTES 30 SECONDS EAST ALONG THE NORTHERLY RIGHT OF WAY OF PERIMETER CENTER WEST A DISTANCE OF 75.10 FEET TO A POINT; RUNNING THENCE NORTH 24 DEGREES 54 MINUTES 12 SECONDS EAST A DISTANCE OF 121.48 FEET TO AN IRON PIN PLACED AND THE TRUE POINT OF BEGINNING; FROM THE POINT OF BEGINNING AS THUS ESTABLISHED RUN THENCE NORTH 00 DEGREES 42 MINUTES 46 SECONDS EAST A DISTANCE OF 341.60 FEET TO A POINT; RUNNING THENCE SOUTH 89 DEGREES 17 MINUTES 54 SECONDS EAST A DISTANCE OF 3.73 FEET TO A POINT; THENCE NORTH 65 DEGREES 41 MINUTES 26 SECONDS EAST A DISTANCE OF 84.92 FEET TO A POINT; RUNNING THENCE NORTH 00 DEGREES 42 MINUTES 46 SECONDS EAST A DISTANCE OF 25.0 TO A POINT; RUNNING THENCE SOUTH 89 DEGREES 17 MINUTES 14 SECONDS EAST A DISTANCE OF 48.61 FEET TO A POINT; RUNNING THENCE SOUTH 23 DEGREES 39 MINUTES 33 SECONDS EAST A DISTANCE OF 79.35 FEET TO A POINT; RUNNING THENCE SOUTH 63 DEGREES 27 MINUTES 53 SECONDS EAST A DISTANCE OF 15.62 FEET TO A POINT; RUNNING THENCE SOUTH 23 DEGREES 39 MINUTES 33 SECONDS EAST A DISTANCE OF 219.0 FEET TO A POINT; RUNNING THENCE SOUTH 66 DEGREES 20 MINUTES 27 SECONDS WEST A DISTANCE OF 133.0 FEET TO A POINT; RUNNING THENCE SOUTH 18 DEGREES 43 MINUTES 34 SECONDS WEST A DISTANCE OF 45.0 FEET TO A POINT; RUNNING THENCE NORTH 83 DEGREES 08 MINUTES 13 SECONDS WEST A DISTANCE OF 37.0 FEET TO A POINT; RUNNING THENCE SOUTH 72 DEGREES 59 MINUTES 17 SECONDS WEST A DISTANCE OF 99.33 FEET TO THE TRUE POINT OF BEGINNING.
1. The sidewalks, halls, passages, exits, entrances, retail areas, malls, common areas, parking areas, roadings, elevators, escalators and stairways of the Building and Project shall not be obstructed by any of the tenants or used by them for any purpose other than for ingress to and egress from their respective premises. The halls, passages, exits, entrances, malls, common areas, parking areas, roadways, elevators, escalators and stairways are not for the general public and Landlord shall in all cases retain the right to control and prevent access thereto of all persons whose presence in the judgment of Landlord would be prejudicial to the safety, character, reputation and interests of the Building and its tenants, provided that nothing herein contained shall be construed to prevent such access to persons with whom any tenant normally deals in the ordinary course of its business, unless such persons are engaged in illegal activities. No tenant and no employee or invitee of any tenant shall go upon the roof of the Building. Subject to Section 11 of the Lease, Landlord shall have the right at any time without the same constituting an actual or constructive eviction and without incurring any liability to Tenant therefor to change the arrangement and/or location of entrances or passageways, doors or doorways, corridors, elevators, stairs or toilets and to change, alter, increase, decrease or modify the other common areas of the Building and Project.
2. The Premises shall not be used for the storage of merchandise held for sale to the general public or for lodging. No cooking shall be done or permitted on the Premises except private use by Tenant of Underwriters’ Laboratory approved equipment for brewing coffee, tea, hot chocolate and similar beverages and microwave ovens shall be permitted, provided that such use is in accordance with all applicable Federal, state and municipal laws, codes, ordinances, rules and regulations.
3. No tenant shall employ any person or persons other than the attached Work Letter and all such improvements janitor of Landlord for the purpose of cleaning its premises unless otherwise agreed to by Landlord in writing. Except with the written consent of Landlord, no person or persons other than those approved by Landlord shall be in compliance with all applicable laws, codes and regulations. Landlord shall engage The Richmond Group as permitted to enter the general contractor Building for the performance purpose of cleaning the tenant improvements same. No Tenant shall cause any unnecessary labor by reason of such Tenant’s carelessness or indifference in the Work Letter that are identified with an “X” in the column labeled “Tenant” (the ‘‘Tenant Items”)preservation of good order and cleanliness. The items on the Work Letter that are identified with an “X” in the column labeled “Landlord” shall be performed by Landlord at Landlord’s sole cost and expense with contractors chosen at Landlord’s sole and absolute discretion. All costs for the Tenant Items in the Work Letter shall be paid solely with funds from the TI Allowance (defined below). Notwithstanding anything herein to the contrary, Landlord shall not be required responsible to spend more than any tenant, or any other person, for any loss of property on the TI Allowance (defined below) premises, however occurring. Janitor service will not be furnished on nights when Premises are occupied after 6:00 P.M. unless by additional agreement in writing.
4. The Landlord shall designate appropriate entrances and a “Freight” elevator for deliveries or other movement to or from the premises of equipment, materials, supplies, furniture or other property, and Tenant Items shall not use any other entrances or elevators for such purposes. The freight elevator shall be available for use by all tenants in the Building, subject to such reasonable scheduling as Landlord in it discretion shall deem appropriate. All persons employed and any cost means or methods used to move equipment, materials, supplies, furniture or other property in or out of the portions Building must be approved by Landlord prior to any such movement. Landlord shall have the right to prescribe the maximum weight, size and position of Landlord’s Work that are Tenant Items which are in excess of all equipment, materials, furniture or other property brought into the TI Allowance Building and the right to approve all items placed on the balconies; balconies shall be paid by Tenant. For purposes of this Lease, “substantial completion” of Landlord’s Work shall be deemed to occur when the Premises are ready for Tenant’ occupancy except for minor items which do not cause material interference with Tenant’s use kept clean and occupancy of the Premises with Landlord having obtained a certificate of occupancy for the Premises. If substantial completion of Landlord’s Work is delayed by a Tenant Delay, then substantial completion shall be deemed to occur on the date on which the Landlord’s Work in the Premises would have been substantially completed but for the occurrence of any Tenant Delay. As used herein, a “Tenant Delay” shall mean each day of delay in the performance of the Landlord’s Work that occurs (a) because of Tenant’s failure to timely deliver or approve any required documentation such as any design or space plans (it being agreed that Tenant shall have a reasonable time to review and comment on any such design or space plan, which reasonable time shall be no less than five (5) business days), (b) because of any change by Tenant to any design or space plans after the same have been approved as final by Tenant in writing, or (c) because Tenant or its employees, agents, or contractors otherwise delay completion of the Landlord’s Work. On or before October 15 2018, Tenant’s architect shall deliver good order at all plans, drawings, narratives and other materials required for submission of a TAA to Massport. For avoidance of doubt, Tenant’s failure to cause its architect to delivery such plans by such date shall be a Tenant Delay. In the event Tenant does not spend the entire TI Allowance, all remaining TI Allowance funds shall remain property of Landlordtimes. Tenant shall not allow any objects or articles to be obligated to pay dropped or thrown from any charge for the use of the building services (includingwindow or balcony. Heavy objects shall, but not limited toif considered necessary by Landlord, parking, freight elevators, loading docks, air handling capacity, utilization of the building chases for ducting purposes, and electricity) during construction of Landlord’s Work or during Tenant’s move into the Premises. The loading dock which may be used by Tenant during the Term shall be identified stand on a ground floor plan platform of such thickness as is necessary to be attached hereto as Exhibit A-1properly distribute the weight. Landlord shall provide will not be responsible for Tenant’s exclusive use a generator with an output not loss of or damage to exceed 250kW. Landlord shall contribute an amount not to exceed $50,000 towards any such property from any cause, except as otherwise set forth in the generator costs, which shall include but are not limited Lease; and subject to the procurement and installation of the generator and transfer switch (collectively, the “Generator Installation Costs”), but shall exclude any costs related to any dunnage installation foregoing; all damage done to the Building necessary to install the generator (the “Generator Dunnage Costs”). The Generator Dunnage Costs by moving or maintaining such property shall be repaired at the sole responsibility expense of Tenant.
5. No tenant shall use or keep in the Premises, Building or the Project any kerosene, gasoline or inflammable or combustible fluid or material other than limited quantities thereof reasonably necessary for the operation or maintenance of office equipment. No tenant shall use any method of heating or air-conditioning other than that supplied by Landlord. No tenant shall use or keep or permit to be used or kept any foul or noxious gas or substance in the Premises, or permit or suffer the Premises to be occupied or used in a manner offensive or objectionable to Landlord or other occupants of the Building by reason of noise, odors or vibrations, or interfere in any way with other tenants or those having business in the Building, nor shall any animals or birds be brought or kept in the Premises or the Building.
6. Tenant acknowledges and agrees to the desirability or the necessity of Landlord. All Generator Installation Costs , under law or in excess of Landlord’s $50,000 contribution, exclusive of the Generator Dunnage Costs, shall be borne by Tenant. In addition, Tenant shall have the right, subject to Article 6.2.4, to install HVAC equipment, antennas and satellite dishes on the roof or other part prudent management of the Building, organizing and coordinating within the Building and among all tenants, arrangements and exercises appropriate to maximize the safety of all tenants in the event of fire or any other such disaster which may require the partial or total evacuation of the Building. Tenant undertakes and hereby agrees to fully cooperate with and participate in any simulated exercises with respect to the foregoing arrangements and exercises arranged from time to time by Landlord. Tenant hereby indemnifies Landlord, and agrees to hold Landlord harmless, from and against any loss, costs, damages, injuries, or expenses incurred by Tenant as a result of, through, or in conjunction with the arrangement, coordination or performance of the arrangements and exercises as herein described.
Appears in 1 contract
Landlord’s Work. Landlord shall perform improvements will, at its sole cost and expense, complete the following work in a good and workmanlike manner, in conformance with Landlord’s standard specifications for the Building, and in compliance with applicable laws to the extent necessary to receive a signed off permit or similar work sign off from the City of Sunnyvale (the “Landlord’s Work”) in the Premises in accordance with the attached Work Letter ): ● New glass exterior on front and all such improvements shall be in compliance with all applicable laws, codes and regulations. Landlord shall engage The Richmond Group as the general contractor for the performance sides of the tenant improvements in Building with expanded glass line and new entry ● New lobby ● New restroom cores with 5 fixtures and showers ● New interior breakroom with roll up door to an adjacent patio with furniture New HVAC equipment serving the Work Letter that are identified with an “X” in the column labeled “Tenant” (the ‘‘Tenant Items”). Building totaling 75 tons The items on the Work Letter that are identified with an “X” in the column labeled “Landlord” shall be performed by Landlord at Landlord’s sole cost and expense with contractors chosen at Landlord’s sole and absolute discretion. All costs for the Tenant Items in the Work Letter shall be paid solely with funds from the TI Allowance (defined below). Notwithstanding anything herein to the contrary, Landlord shall not be required to spend more than the TI Allowance (defined below) for the Tenant Items and any cost of the portions of Landlord’s Work that are Tenant Items which are in excess of the TI Allowance shall be paid by Tenantis more particularly described on Schedule 1 hereto. For purposes of this Lease, “substantial completion” of The Landlord’s Work shall be deemed to occur when be “substantially complete(d)”, on the Premises are ready for Tenant’ occupancy except for minor items which do not cause material interference with Tenantdate that (i) all the Landlord’s use and occupancy Work (other than Punch List Items as defined below) have been performed, (ii) if applicable, Landlord shall have received a signed off permit or similar work sign off from the City of Sunnyvale, (iii) Landlord’s architect or engineer certifies that the Premises with Landlord having obtained a certificate of occupancy for the Premises. If substantial completion of Landlord’s Work is delayed by a substantially complete in accordance with the final approved plans, and (v) Landlord has delivered the Building to Tenant Delay, then substantial completion shall be deemed to occur on in accordance with the date on which Lease. Within five (5) business days after the Landlord’s architect or engineer certifies that the Landlord’s Work in is substantially complete, Tenant and Landlord, shall jointly conduct a walk-through of the Premises would have been substantially completed but for the occurrence and shall jointly prepare a punch list of any Tenant Delayitems needing additional work (“Punch List Items”). As used herein, Punch List Items shall be those items which are a “Tenant Delay” shall mean each day of delay in the performance part of the Landlord’s Work that occurs which are details of construction, decoration and mechanical and electrical adjustments which (ai) because of in the aggregate, are minor in character and do not adversely affect Tenant’s failure to timely deliver use or approve any required documentation such as any design or space plans (it being agreed that Tenant shall have a reasonable time to review and comment on any such design or space plan, which reasonable time shall be no less than five (5) business days), (b) because of any change by Tenant to any design or space plans after the same have been approved as final by Tenant in writing, or (c) because Tenant or its employees, agents, or contractors otherwise delay completion enjoyment of the Landlord’s Work. On Premises or before October 15 2018, Tenant’s architect shall deliver all plansability to perform its work on the Tenant Improvements, drawingsand (ii) the completion or correction of which, narratives and other materials required for submission of a TAA to Massport. For avoidance of doubt, will not materially interfere with Tenant’s failure to cause its architect to delivery such plans by such date shall be a Tenant Delay. In the event Tenant does not spend the entire TI Allowance, all remaining TI Allowance funds shall remain property of Landlord. Tenant shall not be obligated to pay any charge for the use or occupation of the building services (including, but not limited to, parking, freight elevators, loading docks, air handling capacity, utilization of the building chases for ducting purposes, and electricity) during construction of Landlord’s Work Premises or during Tenant’s move into ability to perform its work on the Premises. The loading dock which may be used by Tenant during the Term shall be identified on a ground floor plan to be attached hereto as Exhibit A-1Improvements. Landlord shall provide for Tenant’s exclusive use a generator with an output not to exceed 250kW. Landlord shall contribute an amount not to exceed $50,000 towards promptly begin and diligently pursue until completion the generator costs, which shall include but are not limited to the procurement and installation correction of Punch List items after delivery of the generator punch list. Drawings prepared by Studios, Inc., entitled “305 Mathilda Improvements” for ▇▇▇ ▇. ▇▇▇▇▇▇▇▇ ▇▇▇., Sunnyvale, California, Project Number 19531.00, dated October 8, 2021, and transfer switch consisting of 122 pages as amended on May 9, 2022 in response to ASI 1. Real property in the City of Sunnyvale, County of Santa ▇▇▇▇▇, State of California, described as follows: PARCEL ONE: PARCEL 1, AS DESIGNATED ON THAT CERTAIN MAP ENTITLED, “PARCEL MAP BEING AN AMENDED MAP OF THE LANDS OF GULF OIL CORPORATION, AS SHOWN ON THAT CERTAIN PARCEL MAP RECORDED IN BOOK 286 OF MAPS, AT PAGE 4, SANTA CLARA COUNTY RECORDS, CITY OF SUNNYVALE, CALIFORNIA”, SAID PARCEL MAP BEING RECORDED IN BOOK 328 OF MAPS, AT PA E 11. PARCEL TWO: A PERPETUAL NON-EXCLUSIVE EASEMENT AND RIGHT-OF-WAY FOR PEDESTRIAN AND VEHICULAR INGRESS AND EGRESS, IN, ON, OVER AND ACROSS THAT PORTION OF PARCEL 2, AS DESIGNATED ON THE ABOVE DESCRIBED PARCEL MAP LYING WITHIN 12.5 FEET MEASURED AT RIGHT ANGLES OF THE COMMON BOUNDARY LINE OF PARCELS 1 AND 2 AS DESIGNATED ON SAID PARCEL MAP. THIS COMMENCEMENT MEMORANDUM (collectively, the “Generator Installation CostsAgreement”) is dated as of , 2025, by and between SIEMENS MEDICAL SOLUTIONS USA, INC. (the “Sublandlord”), but shall exclude any costs related to any dunnage installation to the Building necessary to install the generator and KNIGHTSCOPE, INC. (the “Generator Dunnage CostsSubtenant”). The Generator Dunnage Costs shall be the sole responsibility of Landlord. All Generator Installation Costs in excess of Landlord’s $50,000 contribution, exclusive of the Generator Dunnage Costs, shall be borne by Tenant. In addition, Tenant shall have the right, subject to Article 6.2.4, to install HVAC equipment, antennas and satellite dishes on the roof or other part of the Building.
Appears in 1 contract
Sources: Sublease (Knightscope, Inc.)
Landlord’s Work. A site plan of Premises, showing the Improvements to be constructed in their respective approximate locations when constructed is attached as Exhibit B: however the actual locations of the Improvements when constructed are subject to change according to the provisions of this Lease. Landlord shall perform improvements (shall, at its sole cost and expense, cause the “Landlord’s Work”) in construction and completion of the Premises Improvements substantially in accordance with the attached Work Letter and all such improvements shall be Plans, in strict compliance with all applicable lawsLegal Requirements, codes and regulationsotherwise in a good and workmanlike manner and according to construction standards, methods and techniques used in construction of similar first-class multi-use facilities in the Minneapolis-St. Paul metropolitan area (the "LANDLORD'S WORK"). Landlord's Work will ▇▇▇lude obtaining any approvals, permits, inspe▇▇▇▇▇▇, certificates and authorizations (the "PERMITS") from applicable Governmental Authorities governmental authorizations for the construction of the Improvements. Landlord shall engage The Richmond Group retain, at its sole cost and expense, Landlord's Contractor to oversee (from an architectural perspective) and perform Landlord's Work. "SUBSTANTIALLY IN ACCORDANCE WITH THE PLANS" means that the Improvements are constructed in strict accordance with the Plans with respect to all of the major aspects and specifications set forth in the Plans including all work and materials reasonably inferable from the Plans, but that reasonable deviations and substitutions are permitted from the details set forth in the Plans if necessary due to engineering or construction constraints, unavailability of materials or if otherwise required or occurring due to practical concerns or nature of the construction process, but only if the deviations and substitutions, when taken as a whole, do not substantially change the nature of the Improvements. If the mezzanine level and the elevators in the Building are not substantially completed in accordance with the Plans and the requirements of this Lease on the date of Tender of Possession (defined in Section 23.3(b)), then Landlord shall diligently continue construction of the mezzanine level and the elevators after Tender of Possession without interruption and must substantially complete the mezzanine level and elevators within twelve weeks after the later of (a) the date that a building permit has been issued for the Tenant Improvements, or (b) December 1, 2003. Landlord shall promptly commence and diligently pursue to completion any seasonal improvements such as the general contractor last layer of asphalt in the driveways and parking areas, painting and landscaping and sprinkler systems when weather and availability of materials permit. Tenant shall give Landlord access to the Premises for this purpose, and Landlord and Tenant shall cooperate in good faith to ensure that Landlord's work related to this purpose will not materially interfere with the performance of the tenant improvements in the Work Letter that are identified with an “X” in the column labeled “Tenant Improvements, Tenant” (the ‘‘Tenant Items”). The items on the Work Letter that are identified with an “X” in the column labeled “Landlord” shall be performed by Landlord at Landlord’s sole cost and expense with contractors chosen at Landlord’s sole and absolute discretion. All costs for the Tenant Items in the Work Letter shall be paid solely with funds from the TI Allowance (defined below). Notwithstanding anything herein to the contrary, Landlord shall not be required to spend more than the TI Allowance (defined below) for the Tenant Items and any cost of the portions of Landlord’s Work that are Tenant Items which are in excess of the TI Allowance shall be paid by Tenant. For purposes of this Lease, “substantial completion” of Landlord’s Work shall be deemed to occur when 's moving into the Premises are ready for or Tenant’ occupancy except for minor items which do not cause material interference with Tenant’s use 's business and occupancy of the Premises with Landlord having obtained a certificate of occupancy for the operation▇ ▇▇ ▇he Premises. If substantial completion of Landlord’s Work is delayed by a Tenant Delay, then substantial completion shall be deemed to occur on the date on which the Landlord’s Work in the Premises would have been substantially completed but for the occurrence of any Tenant Delay. As used herein, a “Tenant Delay” shall mean each day of delay in the performance of the Landlord’s Work that occurs (a) because of Tenant’s failure to timely deliver or approve any required documentation such as any design or space plans (it being agreed that Tenant shall have a reasonable time to review and comment on any such design or space plan, which reasonable time shall be no less than five (5) business days), (b) because of any change by Tenant to any design or space plans after the same have been approved as final by Tenant in writing, or (c) because Tenant or its employees, agents, or contractors otherwise delay completion of the Landlord’s Work. On or before October 15 2018, Tenant’s architect shall deliver all plans, drawings, narratives and other materials required for submission of a TAA to Massport. For avoidance of doubt, Tenant’s failure to cause its architect to delivery such plans by such date shall be a Tenant Delay. In the event Tenant does not spend the entire TI Allowance, all remaining TI Allowance funds shall remain property of Landlord. Tenant shall not be obligated to pay any charge for the use of the building services (including, but not limited to, parking, freight elevators, loading docks, air handling capacity, utilization of the building chases for ducting purposes, and electricity) during construction of Landlord’s Work or during Tenant’s move into the Premises. The loading dock which may be used by Tenant during the Term shall be identified on a ground floor plan to be attached hereto as Exhibit A-1. Landlord shall provide for Tenant’s exclusive use a generator with an output not to exceed 250kW. Landlord shall contribute an amount not to exceed $50,000 towards the generator costs, which shall include but are not limited to the procurement and installation of the generator and transfer switch (collectively, the “Generator Installation Costs”), but shall exclude any costs related to any dunnage installation to the Building necessary to install the generator (the “Generator Dunnage Costs”). The Generator Dunnage Costs shall be the sole responsibility of Landlord. All Generator Installation Costs in excess of Landlord’s $50,000 contribution, exclusive of the Generator Dunnage Costs, shall be borne by Tenant. In addition, Tenant shall have the right, subject to Article 6.2.4, to install HVAC equipment, antennas and satellite dishes on the roof or other part of the Buildingdisrupt labor harmony.
Appears in 1 contract
Landlord’s Work. Subject to the provisions of the Lease, including, without limitation this Exhibit C, Landlord shall, at Landlord’s cost and expense (provided that if the actual cost of any portion of Landlord’s Work exceeds the amount set forth for such portion in the Scope of Work, as defined herein, due to any change requested by Tenant after the Effective Date, Tenant shall perform improvements reimburse Landlord for such excess within ten (10) days of demand therefor), (i) construct the Building, (ii) prepare the Premises for delivery to Tenant in “warm, lit shell” condition (which shall include heat provided by one Cambridge Air Solutions model S950 heating unit, four (4) bathroom stalls, LED lighting, and all base building systems in good working order), and (iii) prepare up to 3,000 square feet of office space in “turn-key” condition for Tenant’s Permitted Use (collectively “Landlord’s Work”) in the Premises ), substantially in accordance with the attached Work Letter and all such improvements shall be in compliance with all applicable laws, codes and regulations. Landlord shall engage The Richmond Group as the general contractor for the performance scope of the tenant improvements in the Work Letter that are identified with an “X” in the column labeled “Tenant” (the ‘‘Tenant Items”). The items on the Work Letter that are identified with an “X” in the column labeled “Landlord” shall be performed by Landlord at Landlord’s sole cost and expense with contractors chosen at Landlord’s sole and absolute discretion. All costs for the Tenant Items in the Work Letter shall be paid solely with funds from the TI Allowance (defined below). Notwithstanding anything herein to the contrary, Landlord shall not be required to spend more than the TI Allowance (defined below) for the Tenant Items and any cost of the portions of Landlord’s Work that are Tenant Items which are in excess of the TI Allowance shall be paid by Tenant. For purposes of this Lease, “substantial completion” of Landlord’s Work shall be deemed to occur when the Premises are ready for Tenant’ occupancy except for minor items which do not cause material interference with Tenant’s use and occupancy of the Premises with Landlord having obtained a certificate of occupancy for the Premises. If substantial completion of Landlord’s Work is delayed by a Tenant Delay, then substantial completion shall be deemed to occur on the date on which the Landlord’s Work in the Premises would have been substantially completed but for the occurrence of any Tenant Delay. As used herein, a “Tenant Delay” shall mean each day of delay in the performance of the Landlord’s Work that occurs (a) because of Tenant’s failure to timely deliver or approve any required documentation such as any design or space plans (it being agreed that Tenant shall have a reasonable time to review and comment on any such design or space plan, which reasonable time shall be no less than five (5) business days), (b) because of any change by Tenant to any design or space plans after the same have been approved as final by Tenant in writing, or (c) because Tenant or its employees, agents, or contractors otherwise delay completion of the Landlord’s Work. On or before October 15 2018, Tenant’s architect shall deliver all plans, drawings, narratives and other materials required for submission of a TAA to Massport. For avoidance of doubt, Tenant’s failure to cause its architect to delivery such plans by such date shall be a Tenant Delay. In the event Tenant does not spend the entire TI Allowance, all remaining TI Allowance funds shall remain property of Landlord. Tenant shall not be obligated to pay any charge for the use of the building services (including, but not limited to, parking, freight elevators, loading docks, air handling capacity, utilization of the building chases for ducting purposes, and electricity) during construction of Landlord’s Work or during Tenant’s move into the Premises. The loading dock which may be used by Tenant during the Term shall be identified on a ground floor plan to be work attached hereto as Exhibit A-1. Landlord shall provide for Tenant’s exclusive use a generator with an output not to exceed 250kW. Landlord shall contribute an amount not to exceed $50,000 towards the generator costs, which shall include but are not limited to the procurement and installation of the generator and transfer switch C-1 (collectively, the “Generator Installation CostsScope of Work”), but shall exclude any costs related ) and the office finish schedule attached hereto as Exhibit C-2. Landlord and Tenant will work together in good faith to any dunnage installation to the Building necessary to install the generator finalize plans and specifications for Landlord’s Work (the “Generator Dunnage CostsPlans and Specifications”)) within forty-five (45) days after the Effective Date, provided that in no event shall Landlord be liable for any failure of the parties to finalize such Plans and Specifications within such forty-five (45) day period. The Generator Dunnage Costs Notwithstanding the foregoing, Landlord may, following such finalization, update, modify and refine such Plans and Specifications from time to time, including in connection with the completion of the construction documents phase of the Building’s design process; provided, however, that any such modifications, unless required by Legal Requirements or by permits or approvals issued by governmental authorities having jurisdiction over the Project, (a) shall be not materially and adversely affect Tenant’s use of or access to the sole responsibility Premises and (b) shall otherwise comply with the terms and conditions of Landlordthis Lease. All Generator Installation Costs in excess Upon Tenant’s request from time to time, Landlord shall update Tenant and its representatives about the status of Landlord’s $50,000 contribution, exclusive Work and the then estimated date of the Generator Dunnage Costs, shall be borne by Tenant. In addition, Tenant shall have the right, subject to Article 6.2.4, to install HVAC equipment, antennas and satellite dishes on the roof or other part of the BuildingSubstantial Completion.
Appears in 1 contract
Landlord’s Work. Landlord, at its sole cost and expense, shall one-time reslurry and restripe the parking lot to provide 206 parking spaces as set forth on Exhibit A --------- attached hereto and incorporated herein ("LANDLORD'S WORK"). Since Tenant may be occupying the Property pursuant to this Lease while ▇▇▇▇▇▇▇▇ is performing Landlord's Work, Landlord agrees that it shall use commercially reasonable efforts to perform improvements (Landlord's Work in a manner so as to minimize interference with ▇▇▇▇▇▇'s business. Tenant hereby acknowledges that, notwithstanding Tenant's occupancy of the “Landlord’s Work”) in the Premises in accordance with the attached Work Letter and all such improvements shall be in compliance with all applicable laws, codes and regulations. Landlord shall engage The Richmond Group as the general contractor for Property during the performance of the tenant improvements in the Work Letter that are identified with an “X” in the column labeled “Tenant” (the ‘‘Tenant Items”). The items on the Work Letter that are identified with an “X” in the column labeled “Landlord” shall be performed by Landlord at Landlord’s sole cost and expense with contractors chosen at Landlord’s sole and absolute discretion. All costs for the Tenant Items in the Work Letter shall be paid solely with funds from the TI Allowance (defined below). Notwithstanding anything herein to the contrary's Work, Landlord shall not be required permitted to spend more than the TI Allowance (defined below) for the Tenant Items perform Landlord's Work during normal business hours, and any cost of the portions of Landlord’s Work that are Tenant Items which are in excess of the TI Allowance shall be paid by Tenant. For purposes of this Lease, “substantial completion” of Landlord’s Work shall be deemed to occur when the Premises are ready for Tenant’ occupancy except for minor items which do not cause material interference with Tenant’s use and occupancy of the Premises with Landlord having obtained a certificate of occupancy for the Premises. If substantial completion of Landlord’s Work is delayed by a Tenant Delay, then substantial completion shall be deemed to occur on the date on which the Landlord’s Work in the Premises would have been substantially completed but for the occurrence of any Tenant Delay. As used herein, a “Tenant Delay” shall mean each day of delay in the performance of the Landlord’s Work that occurs (a) because of Tenant’s failure to timely deliver or approve any required documentation such as any design or space plans (it being agreed that Tenant shall have provide a reasonable time to review and comment on any such design or space plan, which reasonable time shall be no less than five (5) business days), (b) because of any change by Tenant to any design or space plans after the same have been approved as final by Tenant in writing, or (c) because Tenant or its employees, agents, or contractors otherwise delay completion of the clear working area for Landlord’s Work. On or before October 15 2018, Tenant’s architect shall deliver all plans, drawings, narratives and other materials required for submission of a TAA to Massport. For avoidance of doubt, Tenant’s failure to cause its architect to delivery such plans by such date shall be a Tenant Delay. In the event Tenant does not spend the entire TI Allowance, all remaining TI Allowance funds shall remain property of Landlord. Tenant shall not be obligated to pay any charge for the use of the building services 's Work (including, but not limited to, parkingthe moving of furniture, freight elevatorsfixtures, loading docks, air handling capacity, utilization automobiles and Tenant's property away from the area Landlord is conducting Landlord's Work). Tenant hereby agrees that the performance of the building chases for ducting purposes, and electricity) during construction ▇▇▇▇▇▇▇▇'s Work shall in no way constitute a constructive eviction of Landlord’s Work or during Tenant’s move into the Premises. The loading dock which may be used by Tenant during the Term shall be identified on a ground floor plan nor entitle Tenant to be attached hereto as Exhibit A-1any abatement of rent payable pursuant to this Lease. Landlord shall provide have no responsibility or for Tenant’s exclusive use a generator any reason be liable to Tenant for any direct or indirect injury to or interference with an output not ▇▇▇▇▇▇'s business arising from Landlord's Work, nor shall Tenant be entitled to exceed 250kW. any compensation or damages from Landlord shall contribute an amount not to exceed $50,000 towards the generator costs, which shall include but are not limited to the procurement and installation (i) for loss of the generator and transfer switch (collectively, the “Generator Installation Costs”), but shall exclude use of whole or any costs related to any dunnage installation to the Building necessary to install the generator (the “Generator Dunnage Costs”). The Generator Dunnage Costs shall be the sole responsibility of Landlord. All Generator Installation Costs in excess of Landlord’s $50,000 contribution, exclusive of the Generator Dunnage Costs, shall be borne by Tenant. In addition, Tenant shall have the right, subject to Article 6.2.4, to install HVAC equipment, antennas and satellite dishes on the roof or other part of the BuildingProperty or of Tenant's personal property or improvements resulting from ▇▇▇▇▇▇▇▇'s Work or Landlord's actions in connection with Landlord's Work, or (ii) for any inconvenience or annoyance occasioned by Landlord's Work or Landlord's actions in connection with ▇▇▇▇▇▇▇▇'s Work.
Appears in 1 contract
Landlord’s Work. The parties hereby acknowledge and agree that (i) Landlord’s Work (including, without limitation, the Additional Landlord’s Work Obligations, but excluding the components of the originally contemplated Landlord’s Work which now constitute the New Tenant’s Work Obligations) has previously been completed by Landlord, and (ii) notwithstanding any contrary provision of the Lease or the Work Letter, Landlord shall perform improvements have no obligation to construct the work comprising the New Tenant’s Work Obligations or the corresponding work that would have otherwise been part of Landlord’s Work. Further notwithstanding any contrary provision of the Lease, as amended hereby, or the Work Letter, Landlord shall, at Landlord’s sole cost, following Landlord’s receipt of notice from Tenant on or prior to ▇▇▇▇▇ ▇▇, ▇▇▇▇, (▇) repair any structural defects in the concrete retaining wall located at the Project or cosmetic defects which are unsightly to an unreasonable extent in the event that a structural engineer selected by Landlord and reasonably approved by Tenant determines that such wall has structurally failed or has cosmetic defects which are unsightly to an unreasonable extent, and (ii) repair the decorative scored asphalt at the Project in the event that the deteriorating condition of such asphalt becomes unsightly to an unreasonable extent or there is a reasonable likelihood that such deteriorating condition will cause personal injury (collectively, “Landlord’s Work”) in the Premises in accordance with the attached Work Letter and all such improvements shall be in compliance with all applicable laws, codes and regulations. Landlord shall engage The Richmond Group as the general contractor for the performance of the tenant improvements in the Work Letter that are identified with an “X” in the column labeled “Tenant” (the ‘‘Tenant ItemsExtra Repair Obligations Through 3/20/20”). The items on the Work Letter parties agree that are identified with an “X” in the column labeled “Landlord” shall be performed by Landlord at Landlord’s sole cost and expense with contractors chosen at Landlord’s sole and absolute discretion. All costs for the Tenant Items in the Work Letter shall be paid solely with funds from the TI Allowance (defined below). Notwithstanding anything herein to the contrary, Landlord Extra Repair Obligations Through 3/20/20 shall not be required apply with respect to spend more than the TI Allowance (defined below) any matters for the which Tenant Items and any cost of the portions of Landlord’s Work that are Tenant Items which are fails to notify Landlord in excess of the TI Allowance shall be paid by Tenantwriting on or prior to March 20, 2020. For purposes of this LeaseSection 1938 of the California Civil Code, “substantial completion” of Landlord’s Work shall be deemed Landlord hereby discloses to occur when Tenant, and Tenant hereby acknowledges, that the Premises are ready for Tenant’ occupancy except for minor items which do have not cause material interference with Tenant’s use and occupancy of the Premises with Landlord having obtained a certificate of occupancy for the Premises. If substantial completion of Landlord’s Work is delayed undergone inspection by a Tenant Delay, then substantial completion shall be deemed to occur on the date on which the Landlord’s Work in the Premises would have been substantially completed but for the occurrence of any Tenant Delay. As used herein, a “Tenant Delay” shall mean each day of delay in the performance of the Landlord’s Work that occurs Certified Access Specialist (a) because of Tenant’s failure to timely deliver or approve any required documentation such as any design or space plans (it being agreed that Tenant shall have a reasonable time to review and comment on any such design or space plan, which reasonable time shall be no less than five (5) business daysCASp), (b) because of any change by Tenant to any design or space plans after the same have been approved as final by Tenant in writing, or (c) because Tenant or its employees, agents, or contractors otherwise delay completion of the Landlord’s Work. On or before October 15 2018, Tenant’s architect shall deliver all plans, drawings, narratives and other materials required for submission of a TAA to Massport. For avoidance of doubt, Tenant’s failure to cause its architect to delivery such plans by such date shall be a Tenant Delay. In the event Tenant does not spend the entire TI Allowance, all remaining TI Allowance funds shall remain property of Landlord. Tenant shall not be obligated to pay any charge for the use of the building services (including, but not limited to, parking, freight elevators, loading docks, air handling capacity, utilization of the building chases for ducting purposes, and electricity) during construction of Landlord’s Work or during Tenant’s move into the Premises. The loading dock which may be used by Tenant during the Term shall be identified on a ground floor plan to be attached hereto as Exhibit A-1. Landlord shall provide for Tenant’s exclusive use a generator with an output not to exceed 250kW. Landlord shall contribute an amount not to exceed $50,000 towards the generator costs, which shall include but are not limited to the procurement and installation of the generator and transfer switch (collectively, the “Generator Installation Costs”), but shall exclude any costs related to any dunnage installation to the Building necessary to install the generator (the “Generator Dunnage Costs”). The Generator Dunnage Costs shall be the sole responsibility of Landlord. All Generator Installation Costs in excess of Landlord’s $50,000 contribution, exclusive of the Generator Dunnage Costs, shall be borne by Tenant. In addition, Tenant shall have the right, subject to Article 6.2.4, to install HVAC equipment, antennas and satellite dishes on the roof or other part of the Building.
Appears in 1 contract
Sources: Lease Agreement (Synopsys Inc)
Landlord’s Work. Landlord (a) Subject to the Tenant Allowance as defined in subsection (b) below, Landlord, in a good and workmanlike manner and using Building standard materials and finishes, shall perform improvements construct and do such work in the Premises (the collectively, “Landlord’s Work”) in substantial conformity with the plans and outline specifications of the plan, TF1 prepared by D2 Solutions dated 5/29/13, attached hereto as Exhibit “B”. If any material revision or supplement to Landlord’s Work is deemed necessary by Landlord, those revisions and supplements shall be submitted to Tenant for approval, which approval shall not be unreasonably withheld or delayed. To the extent that Landlord’s Work is delayed in being Substantially Completed (as hereinafter defined) as a result of: (i) Tenant’s failure to furnish plans and specifications or provide any other reasonably requested information or approvals related to the furtherance of Landlord’s Work within five (5) business days following Landlord’s written request to Tenant for the same; (ii) Tenant’s request for materials, finishes or installations other than Building standard materials and finishes or as otherwise originally agreed to by Landlord and Tenant; (iii) Tenant’s changes in said plans, including but not limited to any Change Order (as hereinafter defined) which changes have an associated charge; (iv) the performance or completion of any work, labor or services by Tenant or any party employed or engaged by or on behalf of Tenant; or (v) Tenant’s failure to approve or provide comments to final plans, working drawings or reflective ceiling plans within five (5) business days following Landlord’s written request to Tenant for the same (each, a “Tenant’s Delay”); then the commencement of the Term of the Lease and the payment of Fixed Rent hereunder shall be accelerated by the number of days of such Tenant Delay. If any change, revision or supplement to the scope of the Landlord’s Work is requested by Tenant following the date that Landlord and Tenant agreed on the final plans therefor (“Change Order”) then all such increased costs associated with such Change Order shall be paid by Tenant upfront and the occurrence of the Change Order shall not change the Fourth Amendment Additional Premises Commencement Date and shall not alter Tenant’s obligations under the Lease. Notwithstanding anything to the contrary stated in this Section 5, the Fourth Amendment Additional Premises Term shall commence on the date the Premises would have been delivered to Tenant but for Tenant’s Delay or the Change Order. After receipt of notification from Landlord, Landlord and Tenant shall schedule a pre-occupancy inspection of the Premises at which time a punch list of outstanding items, if any, shall be generated. Neither Landlord nor Tenant shall unreasonably withhold agreement on punch list items. Within a reasonable time (not to exceed thirty (30) days thereafter, Landlord shall complete the punch list items to Tenant’s reasonable satisfaction. Except for Landlord’s obligation to complete the Landlord’s Work, Tenant shall lease the Premises in accordance with the attached Work Letter and all such improvements “AS IS” condition, without representation or warranty.
(b) Landlord shall be responsible for payment of a maximum cost of $43.40 per rentable square foot of the Fourth Amendment Additional Premises) for all costs and expenses of and related to the Landlord’s Work (“Tenant Allowance”). All costs in excess thereof incurred by Landlord for Landlord’s Work shall be paid by Tenant to Landlord within thirty (30) days of Tenant’s receipt of an invoice therefor. If the cost of Landlord’s Work is less than the Tenant Allowance, the unused portion of the Tenant Allowance may be used by Tenant to reimburse Tenant for actual costs incurred to occupy the Premises and for alterations to be made to the Existing Premises.
(c) All of Landlord’s Work shall be constructed in a good and workmanlike manner, in compliance with all applicable laws, codes ordinances and regulations. Landlord shall engage The Richmond Group as the general contractor for the performance of the tenant improvements in the Work Letter that are identified with an “X” in the column labeled “Tenant” (the ‘‘Tenant Items”). The items on the Work Letter that are identified with an “X” in the column labeled “Landlord” shall be performed by Landlord at Landlord’s sole cost and expense with contractors chosen at Landlord’s sole and absolute discretion. All costs for the Tenant Items in the Work Letter shall be paid solely with funds from the TI Allowance (defined below). Notwithstanding anything herein to the contrary, Landlord shall not be required to spend more than the TI Allowance (defined below) for the Tenant Items and any cost of the portions of Landlord’s Work that are Tenant Items which are in excess of the TI Allowance shall be paid by Tenant. For purposes of this Lease, “substantial completion” of Landlord’s Work shall be deemed to occur when the Premises are ready for Tenant’ occupancy except for minor items which do not cause material interference with Tenant’s use and occupancy of the Premises with Landlord having obtained a certificate of occupancy for the Premises. If substantial completion of Landlord’s Work is delayed by a Tenant Delay, then substantial completion shall be deemed to occur on the date on which the Landlord’s Work in the Premises would have been substantially completed but for the occurrence of any Tenant Delay. As used herein, a “Tenant Delay” shall mean each day of delay in the performance of the Landlord’s Work that occurs (a) because of Tenant’s failure to timely deliver or approve any required documentation such as any design or space plans (it being agreed that Tenant shall have a reasonable time to review and comment on any such design or space plan, which reasonable time shall be no less than five (5) business days), (b) because of any change by Tenant to any design or space plans after the same have been approved as final by Tenant in writing, or (c) because Tenant or its employees, agents, or contractors otherwise delay completion of the Landlord’s Work. On or before October 15 2018, Tenant’s architect shall deliver all plans, drawings, narratives and other materials required for submission of a TAA to Massport. For avoidance of doubt, Tenant’s failure to cause its architect to delivery such plans by such date shall be a Tenant Delay. In the event Tenant does not spend the entire TI Allowance, all remaining TI Allowance funds shall remain property of Landlord. Tenant shall not be obligated to pay any charge for the use of the building services (including, but not limited to, parking, freight elevators, loading docks, air handling capacity, utilization of the building chases for ducting purposes, and electricity) during construction of Landlord’s Work or during Tenant’s move into the Premises. The loading dock which may be used by Tenant during the Term shall be identified on a ground floor plan to be attached hereto as Exhibit A-1. Landlord shall provide for Tenant’s exclusive use a generator with an output not to exceed 250kW. Landlord shall contribute an amount not to exceed $50,000 towards the generator costs, which shall include but are not limited to the procurement and installation of the generator and transfer switch (collectively, the “Generator Installation Costs”), but shall exclude any costs related to any dunnage installation to the Building necessary to install the generator (the “Generator Dunnage Costs”). The Generator Dunnage Costs shall be the sole responsibility of Landlord. All Generator Installation Costs in excess of Landlord’s $50,000 contribution, exclusive of the Generator Dunnage Costs, shall be borne by Tenant. In addition, Tenant shall have the right, subject to Article 6.2.4, to install HVAC equipment, antennas and satellite dishes on the roof or other part of the Building.
Appears in 1 contract
Sources: Lease (Qlik Technologies Inc)
Landlord’s Work. Landlord shall, at Landlord’s expense, perform the work described in Exhibit B attached hereto and made a part hereof in order to make certain improvements to the so-called shell and core of the Building (hereinafter referred to as the “Base Building Work”). In addition, Landlord shall perform improvements such further work as may be necessary to lay out the Demised Premises for Tenant’s occupancy (hereinafter referred to as the “Premises Work”). Tenant shall furnish final architectural, electrical and mechanical construction drawings and specifications describing the Premises Work (hereinafter referred to as the “Plans”). The Plans shall be subject to approval by Landlord and Landlord’s Work”) Architect (which approval shall not be unreasonably withheld or delayed in the case of any proposed Premises Work of an interior, non-structural nature) and shall be prepared so as to comply with their requirements in accordance order to avoid conflict with the attached Work Letter design and all such improvements function of the Building. It shall be Tenant’s responsibility to assure that the Plans have been delivered to Landlord and approved as aforesaid on or before the Final Plans Date. Tenant has assured itself by direct communication with architects and engineers that the final, approved Plans can be delivered to Landlord on or before the Final Plans Date, provided that Tenant promptly furnishes complete information concerning its requirements to said architects and engineers as and when requested by them; and Tenant covenants and agrees to cause said final, approved Plans to be delivered to Landlord on or before said Final Plans Date and to devote such time as may be necessary in compliance consultation with said architects and engineers to enable them to complete and submit all applicable lawsPlans within the required time limit. Following the presentation to Landlord of invoices and receipts evidencing to Landlord’s reasonable satisfaction the architectural and engineering costs incurred by Tenant with respect to the Plans, codes and regulationsLandlord shall pay to Tenant an amount equal to such costs (hereafter referred to as the “Design Allowance”). Landlord shall engage The Richmond Group as solicit bids from the general contractor contractors identified on Exhibit B-1 attached hereto and made a part hereof for the performance of the tenant improvements in the Premises Work Letter that are identified with an “X” in the column labeled “Tenant” (the ‘‘Tenant Items”). The items on the Work Letter that are identified with an “X” in the column labeled “Landlord” shall be performed by subject to such terms and conditions as Landlord at Landlord’s sole cost and expense with contractors chosen at Landlord’s sole and absolute discretion. All costs may customarily prescribe for the Tenant Items in the Work Letter shall be paid solely with funds from the TI Allowance (defined below). Notwithstanding anything herein to the contrary, Landlord shall not be required to spend more than the TI Allowance (defined below) for the Tenant Items and any cost projects of the portions of Landlord’s Work that are Tenant Items which are in excess of the TI Allowance shall be paid by Tenant. For purposes of this Lease, “substantial completion” of Landlord’s Work shall be deemed to occur when the Premises are ready for Tenant’ occupancy except for minor items which do not cause material interference with Tenant’s use and occupancy of the Premises with Landlord having obtained a certificate of occupancy for the Premises. If substantial completion of Landlord’s Work is delayed by a Tenant Delay, then substantial completion shall be deemed to occur on the date on which the Landlord’s Work in the Premises would have been substantially completed but for the occurrence of any Tenant Delay. As used herein, a “Tenant Delay” shall mean each day of delay in the performance of the Landlord’s Work that occurs (a) because of Tenant’s failure to timely deliver or approve any required documentation such as any design or space plans (it being agreed that Tenant shall have a reasonable time to review and comment on any such design or space plan, which reasonable time shall be no less than five (5) business days), (b) because of any change by Tenant to any design or space plans after the same have been approved as final by Tenant in writing, or (c) because Tenant or its employees, agents, or contractors otherwise delay completion of the Landlord’s Work. On or before October 15 2018, Tenant’s architect shall deliver all plans, drawings, narratives and other materials required for submission of a TAA to Massport. For avoidance of doubt, Tenant’s failure to cause its architect to delivery such plans by such date shall be a Tenant Delay. In the event Tenant does not spend the entire TI Allowance, all remaining TI Allowance funds shall remain property of Landlord. Tenant shall not be obligated to pay any charge for the use of the building services (including, but not limited to, parking, freight elevators, loading docks, air handling capacity, utilization of the building chases for ducting purposes, and electricity) during construction of Landlord’s Work or during Tenant’s move into the Premises. The loading dock which may be used by Tenant during the Term shall be identified on a ground floor plan to be attached hereto as Exhibit A-1type. Landlord shall provide for Tenant’s exclusive use copies of such bids to Tenant and Tenant shall, within seven (7) days thereafter, select a generator with an output not contractor from among the bidders to exceed 250kW. Landlord shall contribute an amount not to exceed $50,000 towards perform the generator costs, which shall include but are not limited to the procurement and installation of the generator and transfer switch (collectively, the “Generator Installation Costs”), but shall exclude any costs related to any dunnage installation to the Building necessary to install the generator (the “Generator Dunnage Costs”). The Generator Dunnage Costs shall be the sole responsibility of Landlord. All Generator Installation Costs in excess of Landlord’s $50,000 contribution, exclusive of the Generator Dunnage Costs, shall be borne by Tenant. In addition, Tenant shall have the right, subject to Article 6.2.4, to install HVAC equipment, antennas and satellite dishes on the roof or other part of the BuildingPremises Work.
Appears in 1 contract
Landlord’s Work. Landlord Landlord, or its designated contractor(s), at Landlord’s expense, shall perform improvements or cause to be performed the work described on Exhibit C annexed hereto (“Landlord’s Initial Work”) in accordance with the provisions thereof. During Tenant’s performance of Tenant’s Initial Alterations, Landlord or its designated contractor(s), at Landlord’s expense, shall perform or caused to be performed the additional work described on Exhibit C annexed hereto (“Landlord’s Additional Work”) in accordance with the terms thereof. Landlord’s Initial Work and Landlord’s Additional Work is sometimes collectively referred to herein as “Landlord’s Work”) . In connection with Landlord’s performance of Landlord’s Additional Work and Tenant’s performance of Tenant’s Initial Alterations, both Landlord and Tenant hereby agree to reasonably cooperate with each other in the Premises coordination of each party’s performance of their respective work in accordance order to minimize interference with each of the attached Work Letter and all such improvements same, but nothing contained in this Section 8.01 shall be in compliance with all applicable laws, codes deemed to require Landlord or Tenant to perform their respective work on an overtime or premium pay basis. All initial improvements which do not constitute Landlord’s Work shall constitute Alterations and regulations. Landlord shall engage The Richmond Group as the general contractor for the performance of the tenant improvements in the Work Letter that are identified with an “X” in the column labeled “Tenant” (the ‘‘Tenant Items”). The items on the Work Letter that are identified with an “X” in the column labeled “Landlord” shall be performed by Landlord Tenant at LandlordTenant’s sole cost and expense in accordance with contractors chosen at Landlord’s sole and absolute discretionSection 4.01. All costs for the Tenant Items in the Work Letter shall be paid solely with funds from the TI Allowance (defined below). Notwithstanding anything herein to the contrary, Landlord shall not be required to spend more than the TI Allowance (defined below) for the Tenant Items and any cost of the portions of Landlord’s Work that are Tenant Items which are in excess of the TI Allowance shall be paid by Tenant. For purposes of this Lease, “substantial completion” of Landlord’s Work shall be deemed to occur when have been substantially completed on the Premises are ready for Tenant’ occupancy except for date on which Landlord’s Work has been completed, other than (a) minor details or adjustments, (b) items which do not cause material interference which, in accordance with good construction practice, should be performed after completion of Tenant’s use Initial Alterations (such items in clauses (a) and occupancy (b) hereinafter collectively, the “Punch-List Items”) and (c) any part of Landlord’s Work that is not completed due solely to Tenant Delay; provided that Landlord shall complete the Premises with Landlord having obtained a certificate Punch-List Items within forty-five (45) days of occupancy for the Premises. If substantial completion of Landlord’s Work is delayed Work, subject to extension due to delays caused by a Force Majeure or Tenant Delay, then substantial completion shall be deemed to occur on the date on which the . Any dispute between Landlord and Tenant under this Section 8.01 in determining whether Landlord’s Work in the Premises would have been is substantially completed but for the occurrence of any Tenant Delay. As used herein, a “Tenant Delay” shall mean each day of delay in the performance of the Landlord’s Work that occurs (a) because of Tenant’s failure to timely deliver or approve any required documentation such as any design or space plans (it being agreed that Tenant shall have a reasonable time to review and comment on any such design or space plan, which reasonable time shall be no less than five (5) business dayssubmitted to expedited arbitration in accordance with the provisions of Section 9.09(b), (b) because of any change by Tenant to any design or space plans after the same have been approved as final by Tenant in writing, or (c) because Tenant or its employees, agents, or contractors otherwise delay completion of the Landlord’s Work. On or before October 15 2018, Tenant’s architect shall deliver all plans, drawings, narratives and other materials required for submission of a TAA to Massport. For avoidance of doubt, Tenant’s failure to cause its architect to delivery such plans by such date shall be a Tenant Delay. In the event Tenant does not spend the entire TI Allowance, all remaining TI Allowance funds shall remain property of Landlord. Tenant shall not be obligated to pay any charge for the use of the building services (including, but not limited to, parking, freight elevators, loading docks, air handling capacity, utilization of the building chases for ducting purposes, and electricity) during construction of Landlord’s Work or during Tenant’s move into the Premises. The loading dock which may be used by Tenant during the Term shall be identified on a ground floor plan to be attached hereto as Exhibit A-1. Landlord shall provide for Tenant’s exclusive use a generator with an output not to exceed 250kW. Landlord shall contribute an amount not to exceed $50,000 towards the generator costs, which shall include but are not limited to the procurement and installation of the generator and transfer switch (collectively, the “Generator Installation Costs”), but shall exclude any costs related to any dunnage installation to the Building necessary to install the generator (the “Generator Dunnage Costs”). The Generator Dunnage Costs shall be the sole responsibility of Landlord. All Generator Installation Costs in excess of Landlord’s $50,000 contribution, exclusive of the Generator Dunnage Costs, shall be borne by Tenant. In addition, Tenant shall have the right, subject to Article 6.2.4, to install HVAC equipment, antennas and satellite dishes on the roof or other part of the Building.
Appears in 1 contract
Landlord’s Work. Tenant acknowledges and agrees that Landlord shall perform improvements have no obligation to prepare the Demised Premises for Tenant's occupancy except for those items set forth below ("Landlord's Work").
1. Provide means to tie into the “Landlord’s Work”) in Building Class E system;
2. Deliver the Demised Premises demolished and broom clean;
3. Provide demising walls for the Demised Premises;
4. Deliver the Demised Premises in accordance with NYC ACP-5 requirements;
5. Seal any holes in the attached walls within the Demised Premises;
6. Upgrade the common area bathrooms to Building standard, and
7. Provide an ADA bathroom for Tenant's use throughout the term of this Lease in the elevator bank. The Commencement Date shall commence on a date fixed by Landlord in a written notice to Tenant which notice shall not be sent prior to the substantial completion date of Landlord's Work Letter and all such improvements shall be in compliance with all applicable lawsstate that on or prior to said date, codes Landlord's Work shall have been substantially completed, and regulations. Landlord the term of this Lease shall engage The Richmond Group as expire on the general contractor for the performance last day of the tenant improvements in calendar month 126th months following the Work Letter that are identified with an “X” in the column labeled “Tenant” (the ‘‘Tenant Items”). The items on the Work Letter that are identified with an “X” in the column labeled “Landlord” shall be performed by Landlord at Landlord’s sole cost and expense with contractors chosen at Landlord’s sole and absolute discretion. All costs for the Tenant Items in the Work Letter shall be paid solely with funds from the TI Allowance (defined below)Commencement Date. Notwithstanding anything herein contained hereinabove to the contrary, Landlord shall not be required to spend more than the TI Allowance (defined below) for the Tenant Items and any cost of the portions of Landlord’s Work that are Tenant Items which are in excess of the TI Allowance shall be paid by Tenant. For purposes of this Lease, “substantial completion” of Landlord’s 's Work shall be deemed to occur when a substantially completed within thirty (30) days from the Premises are ready for Tenant’ occupancy except for minor items which do not cause material interference with Tenant’s use date of full execution of this Lease and occupancy delivery by Tenant of the Premises with Landlord having obtained a certificate of occupancy for the Premises. If substantial completion of Landlord’s Work is delayed by a Tenant Delay, then substantial completion shall be deemed to occur on the date on which the Landlord’s Work in the Premises would have been substantially completed but for the occurrence of any Tenant Delay. As used first month's rent check and security as specified herein, a “Tenant Delay” shall mean each day of delay in the performance of the Landlord’s Work that occurs (a) because of Tenant’s failure to timely deliver or approve any required documentation such as any design or space plans (it being agreed that Tenant shall have a reasonable time to review and comment on any such design or space plan, which reasonable time shall be no less than five (5) business days), (b) because of any change by Tenant to any design or space plans after the same have been approved as final by Tenant in writing, or (c) because Tenant or its employees, agents, or contractors otherwise delay completion of the Landlord’s Work. On or before October 15 2018, Tenant’s architect shall deliver all plans, drawings, narratives and other materials required for submission of a TAA to Massport. For avoidance of doubt, Tenant’s failure to cause its architect to delivery such plans by such date shall be a Tenant Delay. In the event Tenant does Landlord's Work is not spend the entire TI Allowance, all remaining TI Allowance funds shall remain property of Landlord. Tenant shall not be obligated to pay any charge for the use of the building services (including, but not limited to, parking, freight elevators, loading docks, air handling capacity, utilization of the building chases for ducting purposes, and electricity) during construction of Landlord’s Work or during Tenant’s move into the Premises. The loading dock which may be used substantially complete by Tenant during the Term shall be identified on a ground floor plan to be attached hereto as Exhibit A-1. Landlord shall provide for Tenant’s exclusive use a generator with an output not to exceed 250kW. Landlord shall contribute an amount not to exceed $50,000 towards the generator costs, which shall include but are not limited to the procurement and installation of the generator and transfer switch (collectively, the “Generator Installation Costs”), but shall exclude any costs related to any dunnage installation to the Building necessary to install the generator (the “Generator Dunnage Costs”). The Generator Dunnage Costs shall be the sole responsibility of Landlord. All Generator Installation Costs in excess of Landlord’s $50,000 contribution, exclusive of the Generator Dunnage Costs, shall be borne by Tenant. In additionsaid date, Tenant shall have be entitled to a day for day Fixed Rent abatement from the right, subject date said thirty (30) day period expires to Article 6.2.4, to install HVAC equipment, antennas and satellite dishes on the roof or other part of the Buildingdate Landlord's Work is substantially complete.
Appears in 1 contract
Sources: Office Lease (Fusion Telecommunications International Inc)
Landlord’s Work. Landlord shall perform will make certain improvements to the Premises (the “Landlord’s Work”) in as will be set forth on a space plan and scope of work (collectively, the Premises in accordance with the attached Work Letter and all such improvements “Plan”) which shall be in compliance with all applicable laws, codes and regulations. Landlord shall engage The Richmond Group as the general contractor for the performance of the tenant improvements in the Work Letter that are identified with an “X” in the column labeled “Tenant” (the ‘‘Tenant Items”). The items on the Work Letter that are identified with an “X” in the column labeled “Landlord” shall be performed mutually agreed upon by Landlord at Landlord’s sole cost and expense with contractors chosen at Landlord’s sole and absolute discretionTenant. All costs for the Tenant Items in the Work Letter shall be paid solely with funds from the TI Allowance (defined below). Notwithstanding anything herein to the contrary, Landlord shall not be required to spend more than the TI Allowance (defined below) for the Tenant Items and Should said Plan or any cost of the portions part of Landlord’s Work that are require the preparation or development of additional plans or specifications, then Tenant Items which are in excess of the TI Allowance shall be paid by Tenant. For purposes of this Lease, “substantial completion” of have three (3) business days from Landlord’s Work shall be deemed submission of such additional plans or specifications to occur when Tenant to approve or disapprove the Premises are ready for Tenant’ occupancy except for minor items which do not cause material interference with Tenant’s use and occupancy of the Premises with Landlord having obtained a certificate of occupancy for the Premisessame. If substantial completion of Landlord’s Work is delayed by a Tenant Delay, then substantial completion shall be deemed to occur on the date on which the Landlord’s Work in the Premises would have been substantially completed but for the occurrence of any Tenant Delay. As used herein, a “Tenant Delay” shall mean each day of delay in the performance of the Landlord’s Work that occurs (a) because of Tenant’s failure to timely deliver so approve or approve any required documentation disapprove within such three (3) business day period shall constitute a Tenant Delay (as any design defined herein) and, at Landlord’s election, be deemed Tenant’s approval thereof. Tenant’s disapproval of such plans and specifications shall specifically identify the nature of such disapproval. Landlord shall then have such plans and specifications amended to incorporate those items specified in Tenant’s disapproval to which Landlord agrees. Tenant’s approval of such plans and specifications shall not be unreasonably withheld, conditioned or space delayed. Landlord and Tenant shall diligently work together in good faith to agree upon such plans (and specifications, it being agreed that Tenant shall have a reasonable time no right to review request that such plans and comment on specifications be revised to reflect any work which is not contemplated by the Plan, except pursuant to Section 5 below. Upon approval, or deemed approval, of such design or space plan, which reasonable time additional plans and specifications the same shall be no less than five (5) business days)deemed the “Plan” for the purposes of this Work Letter. Except as may be otherwise shown on the Plan, (b) because Landlord shall perform Landlord’s Work using building standard materials, quantities and procedures then in use by Landlord. To the extent that Landlord’s Work is to be performed in the Premises during Tenant’s occupancy, Landlord agrees to use commercially reasonable efforts to perform Landlord’s Work in a manner that minimizes disruption to the operation of Tenant’s business. Notwithstanding the foregoing, Tenant acknowledges and agrees that Landlord’s Work may interfere with the operation of Tenant’s business. Tenant agrees to cooperate with Landlord and Landlord’s contractor and to follow all reasonable directions given by Landlord in connection with the performance of Landlord’s Work. Tenant agrees to remove Tenant’s equipment and other personal property from any work area promptly upon receiving a request to do so from Landlord or Landlord’s agents. Tenant shall determine what measures are necessary to protect Tenant’s computers, equipment, furnishings and other personal property from dirt, dust or paint resulting from Landlord’s Work, and Tenant shall be fully responsible for taking such measures. Except to the extent directly arising from the gross negligence or willful misconduct of Landlord, Tenant shall indemnify and hold Landlord harmless from and against any and all liability and claims of any change by Tenant kind for loss or damage to any design person or space plans after property arising out of or occurring during the same have been approved as final performance of Landlord’s Work in the Premises while Tenant is in occupancy and, to the fullest extent permitted by law, Landlord shall not be liable to Tenant in writingfor injury or damage which may be sustained by the person or property of Tenant, or (c) because Tenant or its employees, agents, invitees or contractors otherwise delay completion customers, or any other person arising out of the Landlord’s Work. On or before October 15 2018, Tenant’s architect shall deliver all plans, drawings, narratives and other materials required for submission of a TAA to Massport. For avoidance of doubt, Tenant’s failure to cause its architect to delivery such plans by such date shall be a Tenant Delay. In the event Tenant does not spend the entire TI Allowance, all remaining TI Allowance funds shall remain property of Landlord. Tenant shall not be obligated to pay any charge for the use of the building services (including, but not limited to, parking, freight elevators, loading docks, air handling capacity, utilization of the building chases for ducting purposes, and electricity) during construction of Landlord’s Work or during Tenant’s move into in the Premises. The loading dock which may be used by Premises while Tenant during the Term shall be identified on a ground floor plan to be attached hereto as Exhibit A-1. Landlord shall provide for Tenant’s exclusive use a generator with an output not to exceed 250kW. Landlord shall contribute an amount not to exceed $50,000 towards the generator costs, which shall include but are not limited to the procurement and installation of the generator and transfer switch (collectively, the “Generator Installation Costs”), but shall exclude any costs related to any dunnage installation to the Building necessary to install the generator (the “Generator Dunnage Costs”). The Generator Dunnage Costs shall be the sole responsibility of Landlord. All Generator Installation Costs is in excess of Landlord’s $50,000 contribution, exclusive of the Generator Dunnage Costs, shall be borne by Tenant. In addition, Tenant shall have the right, subject to Article 6.2.4, to install HVAC equipment, antennas and satellite dishes on the roof or other part of the Building.occupancy
Appears in 1 contract
Sources: Lease (GenMark Diagnostics, Inc.)
Landlord’s Work. (a) Landlord shall perform improvements no work in order to prepare the Leased Premises for Tenant’s occupancy. Landlord shall contribute a sum that does not exceed the cost of $1,516,907.62 (the “LandlordWork Allowance”) on account of costs of labor, materials, architectural, design, engineering and space planning fees, licenses, permits, approvals, sign-offs, moving expenses and other “soft costs” to be incurred by Tenant in connection with Tenant’s initial alterations of the Leased Premises to prepare the Leased Premises for Tenant’s occupancy thereof (the “Initial Work”) in ). Other than the Work Allowance, Landlord shall have no obligation to expend any sums or take any actions to prepare the Leased Premises for Tenant’s occupancy, and all such actions deemed necessary or desirable by Tenant shall be performed by Tenant at Tenant’s sole cost and expense, and otherwise in accordance with the attached terms of this Lease. In the event the actual cost of completing the Initial Work Letter and all such improvements shall be in compliance with all applicable laws, codes and regulations. Landlord shall engage The Richmond Group as is less than the general contractor for the performance full amount of the tenant improvements in Work Allowance, and except as expressly otherwise provided herein, Tenant may, at Tenant’s election, credit the difference between the Work Letter that are identified Allowance and the actual cost of completing the Initial Work against future payments of Base Rent and/or “soft” costs associated with an “X” in the column labeled “Tenant” (the ‘‘Tenant Items”). The items on the Work Letter that are identified with an “X” in the column labeled “Landlord” shall be performed by Landlord at Landlord’s sole cost and expense with contractors chosen at Landlord’s sole and absolute discretion. All costs for the Tenant Items in the Work Letter shall be paid solely with funds from the TI Allowance (defined below). Notwithstanding anything herein relocation to the contraryLeased Premises, Landlord but in no event shall not be required to spend more than the TI Allowance amount of such credit exceed the sum of $149,448.00.
(defined belowb) for the Tenant Items and any cost of the portions of Landlord’s The Work that are Tenant Items which are in excess of the TI Allowance shall be paid by Tenant. For purposes of this Leasepayable to Tenant upon requisition, “substantial completion” of Landlord’s Work which shall be deemed made by presentation of a completed American Institute of Architects (“AIA”) form G702-1992 (or, if such form is discontinued, any form issued by the AIA replacing it) to occur when the Premises are ready for Tenant’ occupancy except for minor items Landlord, which do not cause material interference with shall be accompanied by: (i) a certification from Tenant’s use architect that the work described in the requisition has been completed in accordance with the plans and occupancy specifications approved by Landlord in connection with the Initial Work; and (b) partial lien waivers in the form annexed hereto as Exhibit “B-1” from Tenant’s general contractor, and any subcontractors, laborers and/or materialmen with respect to the work performed to the date of the Premises with requisition. Provided the foregoing items are delivered, Landlord having obtained a certificate will disburse the amount requested by Tenant within thirty (30) days of occupancy for receipt of those items, or the Premises. If substantial completion last of Landlord’s Work is delayed by a Tenant Delaythem, then substantial completion less ten (10%) retainage.
(c) The final requisition shall be deemed accompanied by: (i) a certification from Tenant’s architect that all work has been completed in accordance with the plans and specifications approved by Landlord in connection with the Initial Work; (b) final lien waivers in the form annexed hereto as Exhibit “B-2” from Tenant’s general contractor, and any subcontractors, laborers and/or materialmen with respect to occur on the work performed to the date on which the Landlord’s Work in the Premises would have been substantially completed but for the occurrence of any Tenant Delay. As used herein, a “Tenant Delay” shall mean each day of delay in the performance of the Landlordrequisition; (c) inspection approvals and/or permit sign-offs from any appropriate Federal, state and/or local agencies and/or authorities, and/or any applicable master association having jurisdiction over Tenant’s Work that occurs Initial Work; and (ad) because complete as-built sepia and CAD drawings of Tenant’s failure to timely deliver or approve Initial Work. The final disbursement of the Work Allowance (including any required documentation such as any design or space plans (it being agreed that Tenant shall have a reasonable time to review and comment on any such design or space plan, which reasonable time prior retainage) shall be no less than five made within thirty (530) business days), (b) because days of any change by Tenant to any design or space plans after the same have been approved as final by Tenant in writing, or (c) because Tenant or its employees, agents, or contractors otherwise delay completion receipt of the Landlord’s Work. On or before October 15 2018, Tenant’s architect shall deliver all plans, drawings, narratives and other materials required for submission last of a TAA to Massport. For avoidance of doubt, Tenant’s failure to cause its architect to delivery such plans by such date shall be a Tenant Delaythe foregoing items. In the event Tenant does has fully complied with the terms of this Section 6.1, and is not spend otherwise in default under the entire TI Allowanceterms of this Lease beyond the expiration of any applicable notice and cure periods, all remaining TI and Landlord fails to disburse any part of the Work Allowance funds pursuant to the provisions of this Section 6.1, then Tenant, after providing Landlord with ten (10) days’ written notice of such nondisbursement, shall remain property be entitled to offset any part of the Work Allowance not then disbursed against future payments of Rent, until the amount of Rent offset equals the amount of the Work Allowance not paid by Landlord. In the further event that, after Tenant offsets rent payments pursuant to this Section, Landlord disburses any undisbursed part of the Work Allowance to Tenant, Tenant shall promptly refund such disbursement to Landlord.
(d) Landlord, at its sole cost and expense, shall renovate the second (2nd) floor restrooms in a manner consistent with the sixth (6th) floor restrooms, which renovations, unless delayed by Tenant Delay shall be completed not later than six (6) months after completion of Tenant’s Initial Work. Tenant, at its option, may elect to select its own finishes for the second (2nd) floor restrooms, subject to Landlord’s approval, which shall not be obligated unreasonably withheld or delayed, and shall bear the costs of such finishes to pay any charge the extent such costs exceed the cost of the finishes for the use of the building services fifth (including5th) floor restrooms.
(e) On or before May 1, but not limited to2013, parking, freight elevators, loading docks, air handling capacity, utilization of the building chases for ducting purposes, and electricity) during construction of Landlord’s Work or during Tenant’s move into the Premises. The loading dock which may be used by Tenant during the Term shall be identified on a ground floor plan to be attached hereto as Exhibit A-1. Landlord shall provide for Tenantrelocate the Building’s exclusive use a generator with an output not to exceed 250kW. Landlord shall contribute an amount not to exceed $50,000 towards the generator costs, which shall include but are not limited designated smoking area to the procurement and installation of the generator and transfer switch (collectively, the “Generator Installation Costs”), but shall exclude any costs related to any dunnage installation to the Building necessary to install the generator (the “Generator Dunnage Costs”). The Generator Dunnage Costs shall be the sole responsibility of Landlord. All Generator Installation Costs in excess of Landlord’s $50,000 contribution, exclusive of the Generator Dunnage Costs, shall be borne by Tenant. In addition, Tenant shall have the right, subject to Article 6.2.4, to install HVAC equipment, antennas and satellite dishes on the roof or other part rear of the Building.
Appears in 1 contract
Landlord’s Work. Landlord shall, at its sole cost and expense, have a licensed architect and mechanical engineer (if necessary) prepare mechanical engineering plans (“MEPs”) and construction drawings for the Premises for permitting by Plainsboro Township (“Construction Drawings”) based on the design plans and specifications developed by Tenant and Tenant’s architect which design plans and specifications are attached as Exhibit D to the Lease (“Tenant Designs and Specifications”). Tenant previously delivered to Landlord the Tenant Designs and Specifications in AutoCAD and shall within two (2) days of execution of this Work Letter, deliver to Landlord the Tenant Designs and Specifications in such other reasonably requested format. Landlord shall perform improvements (the “Landlord’s Work”) cause its contractors to undertake to complete in a workmanlike manner, construction of the Premises in accordance with the attached Work Letter MEPs and all such improvements shall be in compliance Construction Drawings, subject to the terms and conditions of the Lease, and with all the applicable laws, building codes and regulations, and all other laws applicable thereto. Landlord shall engage The Richmond Group as the general contractor for the performance of the tenant improvements in the Work Letter that are identified with an provide a “Xturnkey” in the column labeled “Tenant” (the ‘‘Tenant Items”). The items on the Work Letter that are identified with an “X” in the column labeled “Landlord” shall be performed by Landlord at Landlord’s sole cost and expense with contractors chosen at Landlord’s sole and absolute discretion. All costs for the Tenant Items in the Work Letter shall be paid solely with funds from the TI Allowance (defined below). Notwithstanding anything herein to the contrary, Landlord shall not be required to spend more than the TI Allowance (defined below) for the Tenant Items and any cost of the portions installation of Landlord’s Work using Landlord’s contractors. Landlord and Tenant acknowledge that are such construction schedule is subject to change from time to time. The Construction Drawings shall control for all purposes related to construction of the Premises, however, Landlord and Tenant Items acknowledge that the Construction Drawings, while complete for purposes of obtaining permits and approvals and for purposes of construction, may not reflect certain work to be undertaken by Landlord as “Extras” as defined and more fully described in Section 3 of this Exhibit C. Landlord and Tenant acknowledge that the Extras shall include: (1) Tenant’s requested upgrades in materials and finishes from Landlord’s Building Standard Work described in Sub-section A of this Section 1 below; (2) additional work set forth in Tenant’s Designs and Specifications highlighted therein in yellow and referenced “HIGHLIGHT INDICATES ALTERNATE SCOPE ABOVE THE LANDLORD TURNKEY”; (3) Tenant’s telephone and data cabling and related work, (4) otherwise as set forth in this Exhibit C, and (5) additional work requested by Tenant pursuant to the procedures set forth in Section 3, Extras below. Prior to submission of the Construction Drawings to the Municipality, Landlord shall provide Tenant with a set of “progress prints” of the Construction Drawings with a one (1) time opportunity to review and approve the Construction Drawings, such approval to be given within two (2) business days of the date that Landlord delivers the final prints, and if not so approved or commented upon then Tenant’s approval right shall be waived without further notice. Tenant acknowledges and agrees that anything to the contrary contained herein notwithstanding, Landlord shall have the right to make field changes to the space layout plan represented in the Construction Drawings which are in excess of the TI Allowance shall be paid by Tenant. For purposes of this Lease, “substantial completion” of Landlord’s Work shall be deemed reasonably required to occur when optimize the Premises are ready for Tenant’ occupancy except for minor items which do layout, flexibility, or usability, or otherwise to comply with rules, regulations, and laws. Notwithstanding the foregoing, provided that it will not cause material interference with Tenant’s use and occupancy of the Premises with Landlord having obtained a certificate of occupancy for the Premises. If substantial completion of Landlord’s Work is delayed by a Tenant Delay, then substantial completion shall be deemed to occur on the date on which the Landlord’s Work in the Premises would have been substantially completed but for the occurrence of any Tenant Delay. As used herein, a “Tenant Delay” shall mean each day of delay in the performance of the Landlord’s Work that occurs (a) because of Tenant’s failure to timely deliver or approve any required documentation such as any design or space plans (it being agreed that construction process, Landlord shall provide Tenant shall have with a reasonable time opportunity to review and comment on approve any such design or space plan, which reasonable time shall be no less than five (5) business days), (b) because of any change by Tenant to any design or space plans after the same have been approved as final by Tenant in writing, or (c) because Tenant or its employees, agents, or contractors otherwise delay completion of the Landlord’s Work. On or before October 15 2018, Tenant’s architect shall deliver all plans, drawings, narratives and other materials required for submission of a TAA to Massport. For avoidance of doubt, Tenant’s failure to cause its architect to delivery such plans by such date shall be a Tenant Delay. In the event Tenant does not spend the entire TI Allowance, all remaining TI Allowance funds shall remain property of Landlord. Tenant shall not be obligated to pay any charge for the use of the building services (including, but not limited to, parking, freight elevators, loading docks, air handling capacity, utilization of the building chases for ducting purposes, and electricity) during construction of Landlord’s Work or during Tenant’s move into the Premises. The loading dock which may be used by Tenant during the Term shall be identified on a ground floor plan to be attached hereto as Exhibit A-1. Landlord shall provide for Tenant’s exclusive use a generator with an output not to exceed 250kW. Landlord shall contribute an amount not to exceed $50,000 towards the generator costs, which shall include but are not limited to the procurement and installation of the generator and transfer switch (collectively, the “Generator Installation Costs”), but shall exclude any costs related to any dunnage installation to the Building necessary to install the generator (the “Generator Dunnage Costs”). The Generator Dunnage Costs shall be the sole responsibility of Landlord. All Generator Installation Costs in excess of Landlord’s $50,000 contribution, exclusive of the Generator Dunnage Costs, shall be borne by Tenant. In addition, Tenant shall have the right, subject to Article 6.2.4, to install HVAC equipment, antennas and satellite dishes on the roof or other part of the Buildingmaterial field changes.
Appears in 1 contract
Landlord’s Work. Landlord shall perform improvements or cause to be performed the work (the"Landlord's Work") necessary to alter and improve the “Premises substantially in accordance with the Drawings. Tenant shall be solely responsible for all costs and expenses of performing all of Landlord’s Work”) 's Work in and to the Premises in accordance with the attached Work Letter Drawings, including without limitation: (i) the costs of all architectural and all such improvements shall be in compliance with all applicable lawsengineering fees and expenses; (ii) permits and taxes; and (iii) construction manager costs and fees, codes and regulations. Landlord shall engage The Richmond Group as the general contractor for the performance of the tenant improvements in the Work Letter that are identified with an “X” in the column labeled “Tenant” (the ‘‘Tenant Items”). The items on the Work Letter that are identified with an “X” in the column labeled “Landlord” shall be performed by Landlord at Landlord’s sole cost and expense with contractors chosen at Landlord’s sole and absolute discretion. All costs for the Tenant Items in the Work Letter shall be paid solely with funds from the TI Allowance (defined below). Notwithstanding anything herein to the contrary, Landlord shall not be required to spend more than the TI Allowance (defined below) for the Tenant Items extent such costs and any cost of the portions of Landlord’s Work that are Tenant Items which expenses are in excess of $47,520.00 (the TI Allowance "Tenant Improvement Allowance"). Tenaqt will not be entitled to any credit of any unused portion of the Tenant Improvement Allowance. In any event, except for Landlord's performance of Landlord's Work, Tenant acknowledges and agrees that the Premises otherwise are in all respects being leased by Landlord to Tenant, and shall be paid accepted by Tenant. For purposes , in their current condition and that Landlord shall have no other obligation or duty whatsoever to make any other alterations, repairs or improvements of this Lease, “substantial completion” of Landlord’s Work shall be deemed any kind or nature in or to occur when the Premises are ready in order to prepare same for Tenant’ occupancy except for minor items which do not cause material interference with Tenant’s use and occupancy of the Premises with Landlord having obtained a certificate of occupancy for the Premises. If substantial completion of Landlord’s Work is delayed by a Tenant Delay, then substantial completion shall be deemed to occur on the date on which the Landlord’s Work in the Premises would have been substantially completed but for the occurrence of any Tenant Delay. As used herein, a “Tenant Delay” shall mean each day of delay in the performance of the Landlord’s Work that occurs (a) because of Tenant’s failure to timely deliver or approve any required documentation such as any design or space plans (it being agreed that Tenant shall have a reasonable time to review and comment on any such design or space plan, which reasonable time shall be no less than five (5) business days), (b) because of any change by Tenant to any design or space plans after the same have been approved as final by Tenant in writing, or (c) because Tenant or its employees, agents, or contractors otherwise delay completion of the Landlord’s Work. On or before October 15 2018, Tenant’s architect shall deliver all plans, drawings, narratives and other materials required for submission of a TAA to Massport. For avoidance of doubt, Tenant’s failure to cause its architect to delivery such plans by such date shall be a Tenant Delay. In the event Tenant does not spend the entire TI Allowance, all remaining TI Allowance funds shall remain property of Landlord's occupancy. Tenant shall not be obligated solely responsible to pay Landlord for all costs over and above the Tenant Improvement Allowance incurred or to be incurred in connection with completing Landlord's Work. If at any charge for time Landlord reasonably estimates that the use cost of Landlord's Work will exceed the building services Tenant Improvement Allowance (includingsuch excess costs are referred to hereinafter as the "Excess Costs"), but then Tenant shall immediately pay Landlord, upon request therefore, the Excess Costs, as additional rent due hereunder. Tenant acknowledges and agrees that the Drawings have not limited to, parking, freight elevators, loading docks, air handling capacity, utilization been completed and that it is therefore impossible to accurately estimate the costs of the building chases for ducting purposesLandlord's Work, and electricitythat Landlord intends to use its designated and affiliated contractor (Keystone) during construction of or other contractor designated by Landlord to perform Landlord’s Work or during 's Work. Tenant acknowledges and agrees that the Premises otherwise are in all respects being leased by Landlord to Tenant’s move into the Premises. The loading dock which may be used by Tenant during the Term , and shall be identified on a ground floor plan to be attached hereto as Exhibit A-1. accepted by Tenant, in their current condition and that Landlord shall provide have no other obligation or duty whatsoever to make any other alterations, repairs or improvements of any kind or nature in or to the Premises in order to prepare same for Tenant’s exclusive use a generator with an output not to exceed 250kW. Landlord shall contribute an amount not to exceed $50,000 towards the generator costs, which shall include but are not limited to the procurement and installation of the generator and transfer switch (collectively, the “Generator Installation Costs”), but shall exclude any costs related to any dunnage installation to the Building necessary to install the generator (the “Generator Dunnage Costs”). The Generator Dunnage Costs shall be the sole responsibility of Landlord. All Generator Installation Costs in excess of Landlord’s $50,000 contribution, exclusive of the Generator Dunnage Costs, shall be borne by Tenant. In addition, Tenant shall have the right, subject to Article 6.2.4, to install HVAC equipment, antennas and satellite dishes on the roof or other part of the Building's occupancy.
Appears in 1 contract
Sources: Commencement Date Agreement (Brainy Brands Company, Inc.)
Landlord’s Work. None - Tenant accepts the Premises in its "as-is" condition with Landlord to professionally clean all carpets, touch-up wall paint as necessary and deliver all mechanical, electrical and plumbing systems in a good working condition.
(A) Landlord shall perform undertake and complete the improvements shown in the construction documents annexed hereto as EXHIBIT B (the “Landlord’s Work”"Drawings") in the Premises in accordance with the attached Work Letter standards for the Building set forth in EXHIBIT D annexed hereto ("Landlord's Building Standards"), excepting only minor variations as Landlord may deem advisable ("Landlord's Work").
(B) If the Drawings and/or Landlord's Building Standards are not annexed hereto, Tenant shall submit to Landlord within ten (10) days after the date hereof all information necessary to prepare and all such improvements complete the Drawings. The Drawings and Landlord's Building Standards shall be in compliance with prepared by Landlord as soon as reasonably practicable after submission by Tenant of all applicable laws, codes information necessary to prepare the same and regulationsshall be approved and signed by Tenant within five (5) business days after submission by Landlord. If Tenant fails to deliver to Landlord shall engage The Richmond Group as the general contractor for the performance its signed approval of the tenant improvements in Drawings and Landlord's Building Standards within five (5) business days after the Work Letter that same are identified with an “X” in submitted to Tenant, the column labeled “Tenant” (the ‘‘Tenant Items”). The items on the Work Letter that are identified with an “X” in the column labeled “date upon which Landlord” shall be performed by Landlord at Landlord’s sole cost and expense with contractors chosen at Landlord’s sole and absolute discretion. All costs for the Tenant Items in the Work Letter shall be paid solely with funds from the TI Allowance (defined below). Notwithstanding anything herein to the contrary, Landlord shall not be required to spend more than the TI Allowance (defined below) for the Tenant Items and any cost of the portions of Landlord’s Work that are Tenant Items which are in excess of the TI Allowance shall be paid by Tenant. For purposes of this Lease, “substantial completion” of Landlord’s 's Work shall be deemed substantially completed for purposes of determining the Commencement Date shall be accelerated by one day for each day beyond such five (5) day period by which Tenant so delays. If Tenant fails to occur when (i) deliver to Landlord the Premises information necessary to prepare and complete the Drawings within thirty (30) days after the date hereof or (ii) sign and approve the Drawings and Landlord's Building Standards within thirty (30) days after Landlord has delivered the same to Tenant, then Landlord, at its sole option, may terminate this Lease. In such event, Tenant shall be liable for damages to the extent set forth in Section 7.02(C)(1) hereof (with, for the purposes of computing such damages, the Commencement Date to be deemed to have occurred on the anticipated commencement date referred to in Section 1.01(E)) and Landlord may apply the Security Deposit and any prepaid rent in satisfaction of such damages. No material changes or modifications to the approved Drawings and Landlord's Building Standards shall be made unless by written change order signed by Landlord and Tenant. All costs attributable to change orders requested or approved by Tenant shall be borne by Tenant with no credit to Tenant for items contained in Landlord's Building Standards which are ready omitted or not installed.
(C) Landlord shall pay for the work depicted on the Drawings to the extent of the actual cost for the carpet cleaning, touch-up painting as required and delivery of mechanical and electrical systems in good working condition ("Landlord's Contribution"). Tenant shall pay all costs in excess of Landlord's Contribution ("Tenant’ occupancy except 's Contribution") within ten (10) days after submission by Landlord to Tenant of an invoice for minor the amount(s) then due and payable.
(D) If Landlord shall be delayed in substantially completing Landlord's Work as a result of any act, neglect, failure or omission of Tenant, its agents, servants, employees,
(E) Tenant shall pay to Landlord a sum equal to any additional cost to Landlord in completing Landlord's Work resulting from any Tenant Delay if, as a result thereof, the aggregate cost to complete Landlord's Work would exceed Landlord's Contribution. Any such sums shall be in addition to any sums payable pursuant to any other Subsection of this Section 2.01 and shall be paid to Landlord within ten (10) days after Landlord submits an invoice to Tenant therefor, whether or not the Term of this Lease shall have commenced. If Tenant defaults in the payment thereof, Landlord shall (in addition to all other remedies) have the same rights as in the event of default by Tenant in the payment of Base Rent and Landlord shall have no obligation to continue the performance of Landlord's Work until Tenant shall have cured such default.
(F) Landlord shall notify Tenant of the anticipated date of substantial completion of Landlord's Work (the "Substantial Completion Date") in a notice given at least five (5) days prior to the Substantial Completion Date stated therein. The phrase "substantial completion" shall mean that, with the exception of punch-list items which do would not cause material interference with Tenant’s prevent the use and or occupancy of the Premises with Landlord having obtained a certificate of occupancy for the PremisesPermitted Uses, Landlord's Work shall have been completed in accordance with the Drawings and all mechanical systems serving or affecting the Premises shall then be in working order. If Landlord and Tenant shall thereupon set a mutually convenient time for Tenant's architect and engineer, and Landlord and Landlord's contractor to inspect the Premises and Landlord's Work, at which time Tenant's architects and engineers shall prepare and submit to Landlord a punch-list of items to be completed. Upon completion of the inspection, Tenant shall acknowledge in writing that substantial completion of Landlord’s 's Work is delayed by a has occurred, subject to any punch-list items to be completed. Landlord shall endeavor to complete the punch list items within thirty (30) days thereafter. In the event Tenant Delay, then shall fail to confer with Landlord with respect to the substantial completion of Landlord's Work within five (5) days after Landlord's notice setting forth the Substantial Completion Date, Landlord's Work shall be deemed completed and satisfactory in all respects and the Commencement Date shall be deemed to occur have occurred on the date on which set forth in Landlord's notice as the Substantial Completion Date. In the event of any dispute, a certificate of Landlord’s Work 's architect or engineer to the effect that the Premises are substantially complete and in the condition required by this Lease shall be conclusive.
(G) By execution of the Acceptance Letter, Tenant shall be deemed conclusively to have accepted the Premises would and to have been substantially completed but for acknowledged that the occurrence Premises are in the condition required by the Drawings and Landlord's Building Standards, except as to incomplete items of any Tenant DelayLandlord's Work then specified in the Acceptance Letter. As used hereinto any such items, a “Tenant Delay” shall mean each day of delay in the performance of the Landlord’s Work that occurs (a) because of Tenant’s failure to timely deliver or approve any required documentation such as any design or space plans (it being agreed that Tenant Landlord shall have a reasonable time to review and comment on any such design or space plan, which reasonable time shall be no less than five (5) business days), (b) because of any change by Tenant to any design or space plans after the same have been approved as final by Tenant in writing, or (c) because Tenant or its employees, agents, or contractors otherwise delay completion following receipt of the Landlord’s Work. On or before October 15 2018Acceptance Letter within which to correct same, Tenant’s architect but in no event shall deliver all plans, drawings, narratives and other materials required for submission of a TAA to Massport. For avoidance of doubt, Tenant’s failure to cause its architect to delivery such plans by such date shall be a Tenant Delay. In the event Tenant does not spend the entire TI Allowance, all remaining TI Allowance funds shall remain property of Landlord. Tenant shall not Landlord be obligated to pay any charge for repair latent defects beyond a period of six (6) months after the use of the building services (including, but not limited to, parking, freight elevators, loading docks, air handling capacity, utilization of the building chases for ducting purposes, and electricity) during construction of Landlord’s Work or during Tenant’s move into the Premises. The loading dock which may be used by Tenant during the Term shall be identified on a ground floor plan to be attached hereto as Exhibit A-1. Landlord shall provide for Tenant’s exclusive use a generator with an output not to exceed 250kW. Landlord shall contribute an amount not to exceed $50,000 towards the generator costs, which shall include but are not limited to the procurement and installation of the generator and transfer switch (collectively, the “Generator Installation Costs”), but shall exclude any costs related to any dunnage installation to the Building necessary to install the generator (the “Generator Dunnage Costs”). The Generator Dunnage Costs shall be the sole responsibility of Landlord. All Generator Installation Costs in excess of Landlord’s $50,000 contribution, exclusive of the Generator Dunnage Costs, shall be borne by Tenant. In addition, Tenant shall have the right, subject to Article 6.2.4, to install HVAC equipment, antennas and satellite dishes on the roof or other part of the BuildingCommencement Date.
Appears in 1 contract
Landlord’s Work. Landlord shall perform improvements (the “Landlord’s Work”If applicable)
(a) in the Premises in accordance with the attached Work Letter and all such improvements shall be in compliance with all applicable laws, codes and regulations. Landlord shall engage The Richmond Group as the general contractor for the performance of the tenant improvements in the Work Letter that are identified with an “X” in the column labeled “Tenant” (the ‘‘Tenant Items”). The items on the Work Letter that are identified with an “X” in the column labeled “Landlord” shall be performed by Landlord at Landlord’s sole cost and expense with contractors chosen at Landlord’s sole and absolute discretion. All costs for the Tenant Items in the Work Letter shall be paid solely with funds from the TI Allowance (defined below). Notwithstanding anything herein Prior to the contraryCommencement Date, the Landlord shall not be required to spend more than shall, at its expense, perform the TI Allowance (defined below) for the Tenant Items and any cost of the portions of Landlord’s Work that are in a good and workmanlike manner. All plans to be approved by Tenant Items which are in excess of prior to Landlord completing its work. Subject to delays caused by Force Majeure and delays caused by the TI Allowance Tenant or the Tenant’s Employees, the Landlord shall be paid by Tenant. For purposes use reasonable commercial efforts to complete the Landlord’s Work as soon as reasonable possible following the execution of this Lease, “substantial completion” of Landlord’s Work shall be deemed to occur when the Premises are ready for Tenant’ occupancy except for minor items which do not cause material interference with Tenant’s use and occupancy of the Premises with Landlord having obtained a certificate of occupancy for the Premises. If substantial completion of Landlord’s Work is delayed by a Tenant Delay, then substantial completion shall be deemed to occur on dispute arises over:
(i) the date on which the Landlord’s Work was substantially completed or completed;
(ii) whether or not the Landlord was delayed in completing the Landlord’s Work due to Force Majeure, the Tenant or the Tenant’s Employees and/or the length of any such delay, the reasonable decision of the Landlord’s Expert will be determinative of the issue. The Tenant is responsible for any additional costs incurred by the Landlord as a result of any delays in completing the Landlord’s Work caused by the Tenant or the Tenant’s Employees and the Tenant shall pay such additional costs to the Landlord within [*****] days following receipt of an invoice from the Landlord. The Landlord may have such access to the Premises as it requires in order to complete the Landlord’s Work. If the Tenant is given possession of the Premises prior to the date that the Landlord’s Work is complete, then:
(iii) if both the Tenant and the Landlord require access to the same area of the Premises, the Landlord shall have the first right to such area for the purpose of carrying out the Landlord’s Work;
(iv) the Tenant shall not interfere with or delay the Landlord or its contractors from completing the Landlord’s Work; and
(v) the Tenant shall be under the direction and supervision of the Landlord and its contractors and shall comply with all requirements and directions of the Landlord and its contractors. The Landlord shall not be responsible for the costs of any work to the Premises except for the cost of the Landlord’s Work.
(b) If:
(i) the Tenant’s use, or intended use, of the Premises requires changes to the Landlord’s Work in order for the Landlord’s Work to comply with applicable Laws or the requirements of any insurer of the Development; or
(ii) the Tenant requires any changes to the Landlord’s Work (and the Tenant’s signature on the change order, or other documentation evidencing the changes, shall be conclusive evidence of the Tenant’s agreement to the making of such changes), then the Tenant will be responsible for the cost of such changes to the extent that such changes result in an increase in the Premises would have been substantially completed but for the occurrence of any Tenant Delay. As used herein, a “Tenant Delay” shall mean each day of delay in the performance cost of the Landlord’s Work that occurs (a) because of Tenant’s failure to timely deliver or approve any required documentation such as any design or space plans (it being agreed that Tenant shall have a reasonable time to review and comment on any such design or space plan, which reasonable time shall be no less than five (5) business days), (b) because of any change by Tenant to any design or space plans after the same have been approved as final by Tenant in writing, or (c) because Tenant or its employees, agents, or contractors otherwise delay completion of the Landlord’s Work. On or before October 15 2018, Tenant’s architect shall deliver all plans, drawings, narratives and other materials required for submission of a TAA to Massport. For avoidance of doubt, Tenant’s failure to cause its architect to delivery such plans by such date shall be a Tenant Delay. In the event Tenant does not spend the entire TI Allowance, all remaining TI Allowance funds shall remain property of Landlord. Tenant shall not be obligated to pay any charge for the use of the building services (including, but not limited to, parking, freight elevators, loading docks, air handling capacity, utilization of the building chases for ducting purposes, and electricity) during construction of Landlord’s Work or during Tenant’s move into the Premises. The loading dock which may be used by Tenant during the Term shall be identified on a ground floor plan to be attached hereto as Exhibit A-1. Landlord shall provide for Tenant’s exclusive use a generator with an output not to exceed 250kW. Landlord shall contribute an amount not to exceed $50,000 towards the generator costs, which shall include but are not limited to the procurement and installation of the generator and transfer switch (collectively, the “Generator Installation Costs”), but shall exclude any costs related to any dunnage installation to the Building necessary to install the generator (the “Generator Dunnage Additional Costs”). The Generator Dunnage Tenant shall pay the Additional Costs shall be within [*****] days following the sole responsibility of Landlord. All Generator Installation Costs date that the Landlord provides the Tenant with an invoice for the Additional Costs.
(c) If the Tenant requires the Landlord to carry out any work in excess of or to the Premises in addition to the Landlord’s $50,000 contributionWork (the “Additional Work”), exclusive and the Landlord agrees to carry out the Additional Work, then the Tenant’s signature on the documentation evidencing the nature of the Generator Dunnage Additional Work will be conclusive evidence of the Tenant’s agreement to: (i) the Landlord performing the Additional Work; and (ii) pay for the cost of the Additional Work (the “Additional Work Costs”). The Tenant shall pay the Additional Work Costs shall within [*****] days following the date that the Landlord provides the Tenant with an invoice for the Additional Work Costs, but in any case after completion of the Additional Work.
(d) If any changes are made to the Additional Work, then the Tenant’s signature on the change order, or other documentation evidencing the changes, shall be borne by conclusive evidence of the Tenant. In addition’s agreement to: (i) the making such changes, Tenant which shall have the right, subject be deemed to Article 6.2.4, to install HVAC equipment, antennas and satellite dishes on the roof or other form part of the BuildingAdditional Work; and (ii) pay for the cost of such changes, all of which shall be deemed to form part of the Additional Work. The Tenant shall pay such additional costs within [*****] days following the date that the Landlord provides the Tenant with an invoice for such costs, but in any case after completion of the Additional Work.
Appears in 1 contract
Landlord’s Work. (A) Landlord shall perform improvements the work necessary to construct the Premises in accordance with Tenant’s Final Plans (the such work being collectively referred to herein as “Landlord’s Work”). Tenant shall prepare, at Landlord’s expense, detailed plans fully complete, ready for construction and suitable for bidding of a standard office build out based on the preliminary lay out plan attached hereto as Exhibit “6.2”-1 and made a part hereof and the work letter (the “Work Letter”) attached hereto as Exhibit “6.2”-2 and made a part hereof (such detailed plans to the extent finally approved by Landlord subject to the terms of Section 7.3 hereof, “Tenant’s Final Plans”); it being understood, however, that Landlord shall perform all applicable portions of Landlord’s Work, including without limitation, those specific items of Landlord’s Work set forth in the Work Letter, using Building Standard Materials. It being agreed that Landlord shall pay the cost of engineering of a supplemental air conditioning unit to be installed in the Premises (the “Supplemental Unit”). Notwithstanding the foregoing to the contrary, Landlord’s Work shall not include the installation of any supplemental air conditioning system, furniture or built-ins or telecommunication wiring or equipment even if same are shown on Tenant’s Final Plans; provided, however, Landlord shall install the Supplemental Unit.
(B) Tenant shall deliver Tenant’s Final Plans to Landlord by the thirtieth (30th) day following the date hereof. In the event that Landlord requires any modifications to such plans Tenant shall make such modifications within two (2) Business Days of Landlord’s request therefor.
(C) Landlord shall perform Landlord’s Work in accordance with the attached Work Letter and all such improvements shall be in compliance with all applicable laws, codes and regulationsRequirements. Landlord shall engage The Richmond Group perform Landlord’s Work in a good and workmanlike manner. Landlord shall Substantially Complete Landlord’s Work on or prior to the Commencement Date. Landlord shall provide notice to Tenant at least ten (10) days prior to the anticipated date of Substantial Completion of Landlord’s Work. Landlord, at Landlord’s expense, prior to the performance of Landlord’s Work, shall obtain all permits, approvals and certificates required by any Governmental Authorities in connection therewith.
(D) On or prior to thirty (30) days after Landlord’s rendition of a statement therefor, Tenant shall pay Landlord for Landlord’s actual, out-of-pocket costs to perform (i) any portion of Landlord’s Work using any above Building Standard Materials (to the extent the hard and soft costs incurred in connection therewith exceed the hard and soft costs which Landlord would have incurred in performing such portion of Landlord’s Work using Building Standard Materials), and (ii) any portion of Landlord’s Work that is denoted on Tenant’s Final Plans (including, without limitation, the “Note” and “Legends” sections of Tenant’s Final Plans) as “Alternate Pricing”, “Alt. Pricing” or similar language denoting any alternatives from the Preliminary Plan (any above Building Standard Materials (to the extent the hard and soft costs incurred in connection therewith exceed the hard and soft costs which Landlord would have incurred in performing the applicable portion of Landlord’s Work using Building Standard Materials) and any portion of Landlord’s Work so denoted as “Alternate Pricing”, “Alt. Pricing” or similar language denoting any such alternative being collectively referred to herein as “Tenant Extra Work”), which statement shall have annexed thereto documentation that reasonably substantiates the charges set forth thereon. Landlord shall submit to at least three (3) reputable general contractors (collectively, the “General Contractors”) as reasonably designated by Landlord, with reasonable promptness after receipt of Tenant’s Final Plans, a bid package that describes Landlord’s Work and Tenant’s Extra Work. Landlord shall use Landlord’s diligent efforts to obtain from each of the General Contractors a bona fide bid to perform Landlord’s Work and Tenant’s Extra Work. Landlord shall have the right to request that the construction companies submit alternative bids, assuming, for example, that (a) the General Contractor acts as a general contractor for a fixed price, and (b) the performance General Contractor acts as a construction manager for a construction management fee and provides a guaranteed maximum price. Landlord shall advise Tenant of that date on and time at which Landlord shall open the tenant improvements in the Work Letter that are identified with an “X” in the column labeled “Tenant” (the ‘‘Tenant Items”). The items on the Work Letter that are identified with an “X” in the column labeled “Landlord” shall be performed by Landlord at Landlord’s sole cost and expense with contractors chosen at Landlord’s sole and absolute discretion. All costs for the Tenant Items in the Work Letter shall be paid solely with funds bids from the TI Allowance (defined below). Notwithstanding anything herein aforesaid construction companies and Tenant shall have the right to be present when the contrarybids are opened provided, however, Landlord shall not be required obligated to spend more reschedule such opening for Tenant and in such event Landlord shall furnish Tenant with a copy of all bids. On or prior to five (5) Business Days after Landlord gives Tenant a copy of such bids, Tenant shall notify Landlord if Tenant (x) elects for Landlord not to perform a particular item of Tenant Extra Work and instead elect to have Landlord perform the particular item of work at Landlord’s cost using Building Standard Materials, (y) elects to choose a finish or specification that costs less than the TI Allowance original estimated price given by Landlord to Tenant but for which Tenant would pay Landlord pursuant to the terms of this Section 6.2(C), or (defined belowz) elects, at Tenant’s cost and expense, to perform such item of Tenant Extra Work itself, in which event Tenant shall perform such item as an Alteration. If Tenant elects the immediately preceding clause (z), then such item of work shall be performed by Tenant as an Alteration, in accordance with the applicable terms and provisions of this Lease governing Alterations except that such item of Tenant Extra Work shall be deemed to be approved by Landlord to the extent Tenant performs such item or work in accordance with Tenant’s Final Plans. In the event that any item of Tenant Extra Work creates a field condition that requires a change to Landlord’s Work resulting in an increase of the cost of Landlord’s Work, Landlord shall have the right before proceeding with such change to require Tenant (x) to agree in writing to such increase in cost within two (2) Business Days from the date of Landlord’s request (which request may be provided by email to ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ at ▇▇▇▇▇▇▇▇▇@▇▇▇▇.▇▇▇, ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ at ▇▇▇▇▇▇▇▇@▇▇▇▇.▇▇▇, ▇▇▇▇ ▇▇▇▇▇ at ▇▇▇▇▇▇@▇▇▇▇▇▇▇▇.▇▇▇, and ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ at ▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇.▇▇▇) and (y) to pay such increase within thirty (30) days of Landlords invoice therefor; it being understood, however, that Landlord shall not have the aforesaid right unless such field condition arises as a result of any item of Tenant Extra Work. If Tenant shall fail or refuse to so agree to and/or pay for such increase then Landlord shall have the right (but not the obligation) to either refuse to perform such Tenant Extra Work, and continue the performance of Landlord’s Work without making the changes thereto contemplated by such Tenant Extra Work or to revise the scope of Landlord’s Work so as not to require a change resulting from a field condition.
(E) Landlord shall have the right to delegate Landlord’s obligations to perform all or any portion of the Landlord’s Work to an Affiliate of Landlord (it being understood, however, that Landlord’s delegating such obligations to an Affiliate of Landlord shall not diminish Landlord’s liability for the performance of Landlord’s Work in accordance with the terms of this Section 6.2). Landlord shall also have the right to assign to such Affiliate of Landlord the rights of Landlord hereunder to receive from Tenant Items and any cost the payments for the performance of the portions of Landlord’s Work that are Tenant Items which are in excess of the TI Allowance shall be paid by Tenant. For purposes of this Leasedenoted as “Alternate Pricing”, “substantial completionAlt. Pricing” or similar language denoting alternates as aforesaid (it being understood that if (i) Landlord so assigns such rights to such Affiliate of Landlord, and (ii) Landlord gives Tenant notice thereof, then Tenant shall pay directly to such Affiliate any such amounts otherwise due and payable to Landlord hereunder). Landlord shall not be required to maintain or repair during the Term any items of Landlord’s Work except as otherwise expressly provided in this Lease, it being agreed that Landlord shall make available to Tenant all guaranties or warranties received by Landlord in connection with Landlord’s Work to the extent such guaranties and warranties shall not be deemed rendered invalid thereby. Tenant shall have the right to occur when provide notice to Landlord within one (1) year after the Premises are ready for Tenant’ occupancy except for minor Commencement Date of any items which do not cause material interference with Tenant’s use and occupancy of the Premises with Landlord having obtained a certificate of occupancy for the Premises. If substantial completion of Landlord’s Work is delayed by a Tenant Delay, then substantial completion which were not satisfactorily completed or which contained latent defects. Landlord shall be deemed use commercially reasonable efforts to occur on the date on which the Landlord’s Work in the Premises would have been substantially completed but for the occurrence of any Tenant Delay. As used herein, a “Tenant Delay” shall mean each day of delay in the performance of the Landlord’s Work that occurs (a) because of Tenant’s failure to timely deliver or approve any required documentation repair such as any design or space plans (it being agreed that Tenant shall have a reasonable time to review and comment on any such design or space plan, which reasonable time shall be no less than five (5) business days), (b) because of any change by Tenant to any design or space plans after the same have been approved as final by Tenant in writing, or (c) because Tenant or its employees, agents, or contractors otherwise delay completion of the Landlord’s Work. On or before October 15 2018, Tenant’s architect shall deliver all plans, drawings, narratives and other materials required for submission of a TAA to Massport. For avoidance of doubt, Tenant’s failure to cause its architect to delivery such plans by such date shall be a Tenant Delay. In the event Tenant does not spend the entire TI Allowance, all remaining TI Allowance funds shall remain property of Landlord. Tenant shall not be obligated to pay any charge for the use of the building services (including, but not limited to, parking, freight elevators, loading docks, air handling capacity, utilization of the building chases for ducting purposes, and electricity) during construction items of Landlord’s Work or during within thirty (30) days after Tenant’s move into notice of the Premises. The loading dock which may be used by Tenant during the Term shall be identified on a ground floor plan same to be attached hereto as Exhibit A-1Landlord. Landlord shall provide for Tenant’s exclusive use a generator with an output not have the right to exceed 250kW. Landlord shall contribute an amount not to exceed $50,000 towards enter the generator costs, which shall include but are not limited Premises subsequent to the procurement Commencement Date to repair such items, and installation the payment of the generator and transfer switch Rental shall not be affected thereby.
(collectively, the “Generator Installation Costs”), but shall exclude any costs related to any dunnage installation to the Building necessary to install the generator (the “Generator Dunnage Costs”). F) The Generator Dunnage Costs shall be the sole responsibility of Landlord. All Generator Installation Costs in excess of Landlord’s $50,000 contribution, exclusive of the Generator Dunnage Costs, shall be borne by Tenant. In addition, Tenant following terms shall have the right, subject to Article 6.2.4, to install HVAC equipment, antennas and satellite dishes on the roof or other part of the Building.following meanings as used herein:
Appears in 1 contract
Landlord’s Work. Tenant hereby acknowledges that (a) Landlord shall have no obligation whatsoever to perform any work to the Premises in connection with this Amendment or the Extension Term except as specifically set forth in this Amendment, including, without limitation, Exhibit A, (b) Tenant is familiar with and has inspected the Premises, and (c) except as otherwise set forth in this Amendment, Tenant shall accept the Premises on an "AS-IS," "WHERE-IS" basis. Landlord shall, at Landlord's sole cost and expense and without charging the same to Tenant in any manner, including, without limitation as a Shared Expense (except with respect to a Tenant Delay and as set forth in Exhibit A with respect to the Dock Work), using building-standard materials, furnish or perform the improvements to the Premises set forth on Exhibit A attached hereto and made a part hereof (collectively, the "Landlord's Work"). Landlord shall commence the Landlord's Work promptly after the date hereof and shall use commercially reasonable efforts to complete the Landlord's Work within ninety (90) days after the date hereof. Landlord and Tenant acknowledge and agree that (i) Landlord shall not be liable to Tenant for any inconveniences Tenant may experience during the performance, construction or installation of the Landlord's Work which are beyond Landlord's control or, except as expressly set forth in this Section 5, for any delays in Landlord's completion of the Landlord's Work (regardless of the length of any such delays); (ii) Landlord shall not be obligated to perform, construct or install (or cause to be performed, constructed or installed) the Landlord's Work at any time other than during normal business hours on regular business days; (iii) Tenant shall ensure that neither Tenant, nor any of Tenant's agents, sublessees, employees, representatives, contractors, subcontractors, suppliers, customers and invitees (collectively, the "Tenant Parties"), interfere with or impede the performance and completion of the Landlord's Work (regardless of whether such Landlord's Work is performed by Landlord or any of Landlord's agents, employees, contractors, or subcontractors); (iv) Landlord shall ensure that Landlord, and all of Landlord's agents, employees, representatives, contractors, subcontractors, and suppliers shall use commercially reasonable efforts to minimize disruptions to Tenant's business that may be caused by the performance of Landlord's Work; (v) Landlord shall have access to the Premises at reasonable times and upon reasonable notice for the purpose of performing, installing and completing the Landlord's Work; and (vi) Tenant and Landlord shall use good faith efforts to cooperate with each other during the performance, construction and installation of the Landlord's Work, and Tenant shall be responsible, at no cost to Landlord, for the moving of any and all furniture, trade fixtures, equipment and/or personal property that is reasonably necessary for Landlord to complete (or cause the completion of) the Landlord's Work. Notwithstanding anything to the contrary contained herein, in the event the Landlord's Work is not Substantially Completed on or before the date that is one hundred twenty (120) days after the date hereof (the "Outside Completion Date"), Tenant shall be entitled to a $500 credit against Annual Rent for each day the Substantial Completion of the Landlord's Work is delayed beyond such Outside Completion Date (such credit to be in addition to the abatement of Monthly Installments of Annual Rent set forth in Section 3 above). Notwithstanding the foregoing, if Substantial Completion of the Landlord's Work is delayed beyond such Outside Completion Date as a result of (x) matters beyond the reasonable control of Landlord (such as delays in receiving permits), and/or (y) Tenant Delays (as hereinafter defined), such delays shall be excused for all relevant purposes and the Outside Completion Date shall be extended by one (1) day for every one (1) day of such delays. Landlord shall perform improvements (the “Landlord’s Work”) 's Work in the Premises in accordance with the attached Work Letter a good and all such improvements shall be workmanlike manner and in compliance with all applicable laws, codes and regulations. Landlord shall engage The Richmond Group as rules, ordinances or requirements of any governing authority having jurisdiction over the general contractor for the performance Premises (but not matters arising due to Tenant's specific use of the tenant improvements Premises). Nothing contained in this amendment shall eliminate, limit or modify Landlord's or Tenant's repair and maintenance obligations set forth in the Work Letter that are identified Lease. In the event any accrued Tenant Delays cause Landlord to pay or incur costs or expenses in connection with an “X” in the column labeled “Tenant” (the ‘‘Tenant Items”). The items on the Work Letter that are identified with an “X” in the column labeled “Landlord” shall be performed by Landlord at Landlord’s sole cost design, construction and expense with contractors chosen at Landlord’s sole and absolute discretion. All costs for the Tenant Items in the Work Letter shall be paid solely with funds from the TI Allowance (defined below). Notwithstanding anything herein to the contrary, Landlord shall not be required to spend more than the TI Allowance (defined below) for the Tenant Items and any cost substantial completion of the portions of Landlord’s 's Work that are Tenant Items which are in excess of the TI Allowance costs or expenses that would otherwise have been paid or incurred by Landlord, Tenant shall be paid by Tenantpay any such reasonable out-of-pocket excess costs and expenses to Landlord, as Additional Rent, within ten (10) days after Landlord submits invoices for any such excess costs or expenses. For purposes of this Leaseherein, “substantial completion” of Landlord’s Work "Tenant Delays" shall be deemed to occur when the Premises are ready for Tenant’ occupancy except for minor items which do not cause material interference with Tenant’s use and occupancy of the Premises with Landlord having obtained a certificate of occupancy for the Premises. If substantial completion of Landlord’s Work is delayed by a Tenant Delay, then substantial completion shall be deemed to occur on the date on which the Landlord’s Work mean delays in the Premises would have been substantially completed but for the occurrence of any Tenant Delay. As used hereindesign, a “Tenant Delay” shall mean each day of delay in the performance of the Landlord’s Work that occurs (a) because of Tenant’s failure to timely deliver construction or approve any required documentation such as any design or space plans (it being agreed that Tenant shall have a reasonable time to review and comment on any such design or space plan, which reasonable time shall be no less than five (5) business days), (b) because of any change by Tenant to any design or space plans after the same have been approved as final by Tenant in writing, or (c) because Tenant or its employees, agents, or contractors otherwise delay substantial completion of the Landlord’s Work. On 's Work by or before October 15 2018, Tenant’s architect shall deliver all plans, drawings, narratives and other materials required for submission on behalf of a TAA Landlord caused or contributed to Massportby Tenant or any of the Tenant Parties. For avoidance purposes herein, "Substantially Completed" or "Substantial Completion" means the Landlord's Work has been completed except for minor or insubstantial details of doubtconstruction, Tenant’s failure to cause its architect to delivery such plans by such date shall be a Tenant Delay. In the event Tenant does not spend the entire TI Allowancerepair, all remaining TI Allowance funds shall remain property of Landlord. Tenant mechanical adjustment, or finishing touches, which items shall not be obligated to pay any charge for the use adversely affect Tenant's conduct of the building services (including, but not limited to, parking, freight elevators, loading docks, air handling capacity, utilization of the building chases for ducting purposes, and electricity) during construction of Landlord’s Work or during Tenant’s move into its ordinary business activities in the Premises. The loading dock which may be used , as reasonably determined by Tenant during the Term shall be identified on a ground floor plan to be attached hereto as Exhibit A-1. Landlord shall provide for Tenant’s exclusive use a generator with an output not to exceed 250kW. Landlord shall contribute an amount not to exceed $50,000 towards the generator costs, which shall include but are not limited to the procurement and installation of the generator and transfer switch (collectively, the “Generator Installation Costs”), but shall exclude any costs related to any dunnage installation to the Building necessary to install the generator (the “Generator Dunnage Costs”). The Generator Dunnage Costs shall be the sole responsibility of Landlord. All Generator Installation Costs in excess of Landlord’s $50,000 contribution, exclusive of the Generator Dunnage Costs, shall be borne by Tenant. In addition, Tenant shall have the right, subject to Article 6.2.4, to install HVAC equipment, antennas and satellite dishes on the roof 's contractor or other part of the Buildingarchitect.
Appears in 1 contract
Sources: Lease (Accuride Corp)
Landlord’s Work. (a) Landlord shall perform improvements repair and maintain or cause to be repaired and maintained the Common Areas of the Center and the roof (structural portions only), exterior walls and other structural portions of the “Landlord’s Work”) in the Premises in accordance with the attached Work Letter and Buildings. The cost of all such improvements work performed by Landlord under this Section 10.1 shall be an Operating Expense hereunder, except to the extent such work (i) is required due to the negligence of Landlord, (ii) involves the repair or correction of a condition or defect that Landlord is required to correct pursuant to Section 5.2 hereof, (iii) is a capital expense not includible as an Operating Expense under Section 7.2 hereof, or (iv) is required due to the negligence or willful misconduct of Tenant or its agents, employees or invitees (in compliance with all applicable lawswhich event Tenant shall bear the full cost of such work pursuant to the indemnification provided in Section 12.6 hereof, codes and regulations. Landlord shall engage The Richmond Group as subject to the general contractor for the performance of the tenant improvements release set forth in the Work Letter that are identified with an “X” in the column labeled “Tenant” (the ‘‘Tenant Items”Section 12.4 hereof). The items on Tenant knowingly and voluntarily waives the Work Letter that are identified with an “X” right to make repairs at Landlord's expense, except to the extent permitted by Section 10.1(b) below, or to offset the cost thereof against rent, under any law, statute, regulation or ordinance now or hereafter in the column labeled “Landlord” shall effect.
(b) If Landlord fails to perform any repairs or maintenance required to be performed by Landlord at Landlord’s sole cost on either or both Buildings under Section 10.1(a) and expense with contractors chosen at Landlord’s sole and absolute discretion. All costs such failure continues for the thirty (30) days or more after Tenant Items in the Work Letter shall gives Landlord written notice of such failure (or, if such repairs or maintenance cannot reasonably be paid solely with funds from the TI Allowance (defined below). Notwithstanding anything herein to the contrary, Landlord shall not be required to spend more than the TI Allowance (defined below) for the Tenant Items and any cost of the portions of Landlord’s Work that are Tenant Items which are in excess of the TI Allowance shall be paid by Tenant. For purposes of this Lease, “substantial completion” of Landlord’s Work shall be deemed to occur when the Premises are ready for Tenant’ occupancy except for minor items which do not cause material interference with Tenant’s use and occupancy of the Premises with Landlord having obtained a certificate of occupancy for the Premises. If substantial completion of Landlord’s Work is delayed by a Tenant Delayperformed within such 30-day period, then substantial completion shall be deemed if Landlord fails to occur on the date on which the Landlord’s Work in the Premises would have been substantially completed but for the occurrence of any Tenant Delay. As used herein, a “Tenant Delay” shall mean each commence performance within such 30-day of delay in the period and thereafter to pursue such performance of the Landlord’s Work that occurs (a) because of Tenant’s failure diligently to timely deliver or approve any required documentation such as any design or space plans (it being agreed that Tenant shall have a reasonable time to review and comment on any such design or space plan, which reasonable time shall be no less than five (5) business dayscompletion), (b) because of any change by Tenant to any design or space plans after the same have been approved as final by Tenant in writing, or (c) because Tenant or its employees, agents, or contractors otherwise delay completion of the Landlord’s Work. On or before October 15 2018, Tenant’s architect shall deliver all plans, drawings, narratives and other materials required for submission of a TAA to Massport. For avoidance of doubt, Tenant’s failure to cause its architect to delivery such plans by such date shall be a Tenant Delay. In the event Tenant does not spend the entire TI Allowance, all remaining TI Allowance funds shall remain property of Landlord. Tenant shall not be obligated to pay any charge for the use of the building services (including, but not limited to, parking, freight elevators, loading docks, air handling capacity, utilization of the building chases for ducting purposes, and electricity) during construction of Landlord’s Work or during Tenant’s move into the Premises. The loading dock which may be used by Tenant during the Term shall be identified on a ground floor plan to be attached hereto as Exhibit A-1. Landlord shall provide for Tenant’s exclusive use a generator with an output not to exceed 250kW. Landlord shall contribute an amount not to exceed $50,000 towards the generator costs, which shall include but are not limited to the procurement and installation of the generator and transfer switch (collectively, the “Generator Installation Costs”), but shall exclude any costs related to any dunnage installation to the Building necessary to install the generator (the “Generator Dunnage Costs”). The Generator Dunnage Costs shall be the sole responsibility of Landlord. All Generator Installation Costs in excess of Landlord’s $50,000 contribution, exclusive of the Generator Dunnage Costs, shall be borne by Tenant. In addition, then Tenant shall have the rightright to perform such repairs or maintenance and Landlord shall reimburse Tenant for the reasonable cost thereof within fifteen (15) days after written notice from Tenant of the completion and cost of such work, subject to Article 6.2.4, to install HVAC equipment, antennas and satellite dishes on the roof accompanied by copies of invoices or other part reasonable supporting documentation. Under no circumstances, however, shall Tenant have any right to offset the cost of the Buildingany such work against rent or other charges falling due from time to time under this Lease.
Appears in 1 contract
Landlord’s Work. Tenant acknowledges and agrees that Landlord shall perform improvements have no obligation to prepare the Demised Premises for Tenant's occupancy except for those items set forth below (the “"Landlord’s 's Work”) in ").
1. Deliver the Premises demolished and in accordance with broom clean condition;
2. Provide connections to the attached Work Letter and all such improvements shall be in compliance with all applicable laws, codes and regulationsBuilding sprinkler system;
3. Provide tie-ins to Building Class E system;
4. Deliver an ACP 5 Certificate;
5. Landlord shall engage The Richmond Group as the general contractor provide Tenant with a credit of FORTY-TWO THOUSAND AND 00/100 ($42,000.00) DOLLARS for the performance cost of an air-cooled package unit sized to provide comfort cooling for the administrative areas of the tenant improvements in the Work Letter that are identified with an “X” in the column labeled “Tenant” (the ‘‘Tenant Items”)Demised Premises only. The items on the Work Letter that are identified with an “X” in the column labeled “Landlord” All maintenance, repair and replacement of said unit shall be performed by Landlord Tenant at Landlord’s Tenant's sole cost and expense with contractors chosen at Landlord’s sole expense; and
6. Provide a clean floor and absolute discretionpatch holes in ceiling and restore fireproofing on beams. All costs for the Tenant Items in the Work Letter It shall be paid solely with funds from a condition to all of Tenant's obligations under this Lease that Landlord shall have completed all of the TI Allowance (defined below)Landlord's Work. If Landlord's Work is not substantially complete by December 15, 1998, then, the Commencement Date shall be deemed to be the date fixed by Landlord in a written notice to Tenant which notice shall state that on or prior to said date, Landlord's Work shall have been substantially completed. The term of this Lease shall expire nevertheless on June 15, 2009. Notwithstanding anything herein contained hereinabove to the contrary, Landlord shall in the event that Landlord's Work is not be required to spend more than substantially completed sixty (60) days from the TI Allowance (defined below) for the date of execution of this Lease by Tenant Items and any cost payment of the portions of Landlord’s Work that are first month's rent and security deposit then, in such event, in addition to Tenant's free rent. set forth Article 41 hereof, Tenant Items which are in excess of the TI Allowance shall be paid by Tenantentitled to a day for day additional abatement of fixed rent for each day past sixty (60) days that Landlord Work is not substantially complete. For purposes of this Leasehereof, “substantial completion” of Landlord’s Work shall be deemed to occur when the Premises are ready for Tenant’ occupancy except for minor items which do not cause material interference with Tenant’s use and occupancy of the Premises with Landlord having obtained a certificate of occupancy for the Premises. If substantial completion of Landlord’s 's Work is delayed by a Tenant Delay, then substantial completion shall be deemed to occur on the date on which the Landlord’s Work in the Premises would have been substantially completed but for the occurrence of any Tenant Delay. As used herein, a “Tenant Delay” shall mean each day that Tenant can occupy the Demised Premises for purposes of delay in the performance performing all of its initial work therein without material interference from Landlord or any of Landlord's contractors. With respect to certain common corridor work to be performed by Landlord i.e. upgrade to Building standard of the Landlord’s Work that occurs (a) because of Tenant’s failure to timely deliver or approve any required documentation such as any design or space plans (it being agreed that Tenant shall have a reasonable time to review and comment on any such design or space plan, which reasonable time shall be no less than five (5) business days), (b) because of any change by Tenant to any design or space plans after common corridor including the same have been approved as final by Tenant in writing, or (c) because Tenant or its employees, agents, or contractors otherwise delay completion of the Landlord’s Work. On or before October 15 2018, Tenant’s architect shall deliver all plans, drawings, narratives and other materials required for submission of a TAA to Massport. For avoidance of doubt, Tenant’s failure to cause its architect to delivery such plans by such date shall be a Tenant Delay. In the event Tenant does not spend the entire TI Allowance, all remaining TI Allowance funds shall remain property of Landlord. Tenant shall not be obligated to pay any charge for the use of the building services (including, but not limited to, parking, freight elevators, loading docks, air handling capacity, utilization of the building chases for ducting purposes, and electricity) during construction of Landlord’s Work or during Tenant’s move into the Premises. The loading dock which may be used by Tenant during the Term shall be identified on a ground floor plan to be attached hereto as Exhibit A-1bathrooms. Landlord shall provide for Tenant’s exclusive use a generator with an output not to exceed 250kW. Landlord shall contribute an amount not to exceed $50,000 towards the generator costs, which shall include but are not limited to the procurement complete same within sixty (60) days after Tenant completes all installations and installation actually takes occupancy of the generator and transfer switch (collectively, the “Generator Installation Costs”), but shall exclude any costs related to any dunnage installation to the Building necessary to install the generator (the “Generator Dunnage Costs”). The Generator Dunnage Costs shall be the sole responsibility of Landlord. All Generator Installation Costs in excess of Landlord’s $50,000 contribution, exclusive of the Generator Dunnage Costs, shall be borne by Tenant. In addition, Tenant shall have the right, subject to Article 6.2.4, to install HVAC equipment, antennas and satellite dishes on the roof or other part of the BuildingDemised Premises.
Appears in 1 contract
Sources: Office Lease (PLD Telekom Inc)
Landlord’s Work. The parties acknowledge that in each case of such expansion, Tenant shall timely cooperate with Landlord shall perform improvements (the “Landlord’s Work”) in the preparation and finalization of Space Plans, and other submissions, Working Drawings, renderings, comments and requirements, in the same manner and subject to the same terms and conditions for Landlord's Work [to the Premises at the inception of the initial Lease term hereof, as set out in accordance with the attached Work Letter Lease and all such improvements EXHIBIT B thereto], but modified as follows:
(i) the delivery date of the initial Space Plan shall be in compliance with all applicable lawstwenty (20) days after Tenant delivers its Expansion Notice or Available Expansion Space Notice, codes and regulations. Landlord shall engage The Richmond Group as applicable;
(ii) the general contractor for the performance of the tenant improvements in the Work Letter that are identified with an “X” in the column labeled “Tenant” (the ‘‘Tenant Items”). The items on the Work Letter that are identified with an “X” in the column labeled “Landlord” contemplated work shall be limited to the applicable Expansion Space only;
(iii) the provisions which provide for certain items of work [including "ADA" compliance and fire sprinkler installations] to be performed by Landlord at Landlord’s 's sole cost and expense with contractors chosen at Landlord’s sole and absolute discretion. All costs for the Tenant Items in the Work Letter shall be paid solely with funds without right of reimbursement from the TI Allowance, are modified so as to allow Landlord to draw against the Allowance for all such costs and expenses respecting the applicable Expansion Space;
(defined below). Notwithstanding anything herein to iv) the contrary, Landlord shall not be required to spend more than the TI Allowance (defined below) for the Tenant Items and any cost of the portions of Landlord’s Work that are Tenant Items which are in excess of the TI applicable Allowance shall be paid a value computed as the product of the square feet of rentable area of the applicable Expansion Space, multiplied by Tenant. For purposes the value $22.00, further multiplied by a fraction, the numerator of which shall be the number of months (rounded up to the next whole number) remaining after Landlord's Tender of such Expansion Space through the Termination Date of the initial Term of this Lease, “substantial completion” and the denominator of which shall be 126;
(v) references in the Landlord’s 's Work provisions to the Building shall be deemed references to occur when the Office in the Americas Building and references in the Landlord's Work provisions to the Premises are ready for Tenant’ occupancy except for minor items which do not cause material interference with Tenant’s use and occupancy of the Premises with Landlord having obtained a certificate of occupancy for the Premises. If substantial completion of Landlord’s Work is delayed by a Tenant Delay, then substantial completion shall be deemed references to occur on the applicable Expansion Space; and
(vi) the Scheduled Commencement Date shall be changed to the date on which the Landlord’s Work in the Premises would have been substantially completed but for the occurrence is thirty (30) days after Tender of any Tenant Delay. As used herein, a “Tenant Delay” shall mean each day of delay in the performance possession of the Landlord’s Work that occurs (a) because of Tenant’s failure to timely deliver or approve any required documentation such as any design or space plans (it being agreed that Tenant shall have a reasonable time to review and comment on any such design or space plan, which reasonable time shall be no less than five (5) business days), (b) because of any change by Tenant to any design or space plans after the same have been approved as final by Tenant in writing, or (c) because Tenant or its employees, agents, or contractors otherwise delay completion of the Landlord’s Work. On or before October 15 2018, Tenant’s architect shall deliver all plans, drawings, narratives and other materials required for submission of a TAA to Massport. For avoidance of doubt, Tenant’s failure to cause its architect to delivery such plans by such date shall be a Tenant Delay. In the event Tenant does not spend the entire TI Allowance, all remaining TI Allowance funds shall remain property of Landlord. Tenant shall not be obligated to pay any charge for the use of the building services (including, but not limited to, parking, freight elevators, loading docks, air handling capacity, utilization of the building chases for ducting purposes, and electricity) during construction of Landlord’s Work or during Tenant’s move into the Premises. The loading dock which may be used by Tenant during the Term shall be identified on a ground floor plan to be attached hereto as Exhibit A-1. Landlord shall provide for Tenant’s exclusive use a generator with an output not to exceed 250kW. Landlord shall contribute an amount not to exceed $50,000 towards the generator costs, which shall include but are not limited to the procurement and installation of the generator and transfer switch (collectively, the “Generator Installation Costs”), but shall exclude any costs related to any dunnage installation to the Building necessary to install the generator (the “Generator Dunnage Costs”). The Generator Dunnage Costs shall be the sole responsibility of Landlord. All Generator Installation Costs in excess of Landlord’s $50,000 contribution, exclusive of the Generator Dunnage Costs, shall be borne by Tenant. In addition, Tenant shall have the right, subject to Article 6.2.4, to install HVAC equipment, antennas and satellite dishes on the roof or other part of the Buildingapplicable Expansion Space.
Appears in 1 contract
Sources: Lease (Global Directmail Corp)
Landlord’s Work. Landlord shall perform improvements (will provide, construct and install, at no cost to Tenant, the “Landlord’s Work”) in the Premises in accordance with the ” as set forth on Schedule 1 attached Work Letter and all such improvements shall be in compliance with all applicable laws, codes and regulationshereto. Landlord shall engage The Richmond Group as the general contractor for the performance of the tenant improvements in the Work Letter that are identified with an “X” in the column labeled “Tenant” (the ‘‘Tenant Items”). The items on the Work Letter that are identified with an “X” in the column labeled “Landlord” shall be performed by Landlord at use reasonable efforts to substantially complete Landlord’s sole cost and expense with contractors chosen at Work to enable the commencement of construction of Tenant’s Work (as hereinafter defined) by April 1, 2008. Within ten (10) days after notice from Landlord that Landlord’s sole Work is substantially complete, Tenant shall have the right to inspect the Premises and absolute discretion. All costs for the Tenant Items in the Work Letter shall be paid solely with funds from the TI Allowance (defined below). Notwithstanding anything herein to the contrary, notify Landlord shall not be required to spend more than the TI Allowance (defined below) for the Tenant Items and any cost of the portions punchlist items of Landlord’s Work that are Tenant Items which are need to be corrected, repaired or completed. Landlord shall correct, repair or complete such punchlist items as expeditiously as possible, and in excess any event within thirty (30) days (subject to Section 25H of the TI Allowance shall be paid by TenantLease). For purposes Failure of this Lease, “substantial completion” Tenant to notify Landlord of Landlord’s Work any punchlist items within such 10-day period shall be deemed to occur when the Premises are ready for Tenant’ occupancy except for minor items which do not cause material interference with be Tenant’s use and occupancy acceptance of Landlord’s Work, subject to latent defects as described in Section 4A of the Premises with Landlord having obtained a certificate of occupancy for the PremisesLease. If Landlord fails to substantially complete Landlord’s Work by April 1, 2008 (the “Outside Completion Date”), and such failure delays the performance of Tenant’s Work, then Base Rent first accruing under the Lease shall a▇▇▇▇ for a number of days equal to (x) two (2) multiplied by (y) the number of days in the period commencing on the day following the Outside Completion Date and expiring on the date Landlord substantially completes Landlord’s Work. Notwithstanding the foregoing, if Landlord is delayed in substantially completing Landlord’s Work due to an event of force majeure as described in Section 25H of the Lease, the Outside Completion Date shall be extended by the number of days of such force majeure delay, to a maximum of sixty (60) additional days. The remedy set forth above in this Paragraph 1 is Tenant’s sole remedy, and Landlord’s sole liability, for any delays in substantial completion of Landlord’s Work is delayed by a Tenant Delay, then substantial completion shall be deemed to occur on the date on which the Landlord’s Work in the Premises would have been substantially completed but for the occurrence of any Tenant Delay. As used herein, a “Tenant Delay” shall mean each day of delay in the performance of the Landlord’s Work that occurs (a) because of Tenant’s failure to timely deliver or approve any required documentation such as any design or space plans (it being agreed that Tenant shall have a reasonable time to review and comment on any such design or space plan, which reasonable time shall be no less than five (5) business days), (b) because of any change by Tenant to any design or space plans after the same have been approved as final by Tenant in writing, or (c) because Tenant or its employees, agents, or contractors otherwise delay completion of the Landlord’s Work. On or before October 15 2018, Tenant’s architect shall deliver all plans, drawings, narratives and other materials required for submission of a TAA to Massport. For avoidance of doubt, Tenant’s failure to cause its architect to delivery such plans by such date shall be a Tenant Delay. In the event Tenant does not spend the entire TI Allowance, all remaining TI Allowance funds shall remain property of Landlord. Tenant shall not be obligated to pay any charge for the use of the building services (including, but not limited to, parking, freight elevators, loading docks, air handling capacity, utilization of the building chases for ducting purposes, and electricity) during construction of Landlord’s Work or during Tenant’s move into the Premises. The loading dock which may be used by Tenant during the Term shall be identified on a ground floor plan to be attached hereto as Exhibit A-1. Landlord shall provide for Tenant’s exclusive use a generator with an output not to exceed 250kW. Landlord shall contribute an amount not to exceed $50,000 towards the generator costs, which shall include but are not limited to the procurement and installation of the generator and transfer switch (collectively, the “Generator Installation Costs”), but shall exclude any costs related to any dunnage installation to the Building necessary to install the generator (the “Generator Dunnage Costs”). The Generator Dunnage Costs shall be the sole responsibility of Landlord. All Generator Installation Costs in excess of Landlord’s $50,000 contribution, exclusive of the Generator Dunnage Costs, shall be borne by Tenant. In addition, Tenant shall have the right, subject to Article 6.2.4, to install HVAC equipment, antennas and satellite dishes on the roof or other part of the Building.
Appears in 1 contract
Sources: Deed of Lease (Gtsi Corp)
Landlord’s Work. (a) Landlord shall construct and deliver the Premises in "cold shell condition" to Tenant ("Landlord's Work") on or before the target Early Possession Date set forth in Paragraph 1.4 in order to allow Tenant to begin the buildout of its tenant improvements. "Cold shell condition" means and includes: (i) construction of the exterior concrete walls, exterior glass, exterior doors, exterior finishes, concrete slab, roof structure and roof membrane; (ii) water, fire line (no riser) and sewer stubbed into the Building; and (iii) power brought to the transformer (with conduits stubbed into the Building but no secondary service (main) or wires), telephone conduit included with pull wires, no HVAC, no roof screens. Tenant shall take possession of the Premises as soon as it is reasonably possible for Tenant's contractor to commence construction but not before Landlord provides a waterproof shell. Landlord shall complete all exterior items consisting of landscaping, paving, striping, walkways, ramps, parking lot lights prior to the Commencement Date. Landlord's Work will be completed at Landlord's sole cost and expense, in a good and workmanlike manner and in compliance with all work plans approved by all applicable governmental agencies. Landlord shall have no obligation to make any other improvements or to perform improvements (the “Landlord’s Work”) any other work in the Premises except as otherwise expressly set forth in the Lease. Landlord shall construct the Building in accordance with the attached Work Letter and all such improvements shall be in compliance with all applicable lawsarchitectural plans prepared by DES dated June 1, codes and regulations2000 ("Landlord's Plans"), which are hereby deemed approved by Tenant. Landlord shall engage The Richmond Group as not materially modify or deviate from Landlord's Plans without the general contractor for the performance written consent of the tenant improvements in the Work Letter that are identified with an “X” in the column labeled “Tenant” (the ‘‘Tenant Items”). The items on the Work Letter that are identified with an “X” in the column labeled “Landlord” It shall be performed by Landlord at reasonable for Tenant to reject any change to Landlord’s sole cost and expense with contractors chosen at Landlord’s sole and absolute discretion. All costs for 's Plans which modifies the Tenant Items in the Work Letter shall be paid solely with funds from the TI Allowance (defined below). Notwithstanding anything herein to the contrary, Landlord shall not be required to spend more than the TI Allowance (defined below) for the Tenant Items and any cost of the portions of Landlord’s Work that are Tenant Items which are in excess of the TI Allowance shall be paid by Tenant. For purposes of this Lease, “substantial completion” of Landlord’s Work shall be deemed to occur when the Premises are ready for Tenant’ occupancy except for minor items which do not cause material interference with Tenant’s use and occupancy usable area of the Premises or increases the scope or cost of Tenant's Work. Landlord's Work shall comply with Landlord having obtained a certificate of occupancy for the Premisesall Applicable Requirements. If substantial completion of Landlord’s Work is delayed by a Tenant Delay, then substantial completion Only new and first-class materials shall be deemed to occur on the date on which the Landlord’s Work used in the Premises would have been substantially completed but for the occurrence of any Tenant Delay. As used herein, a “Tenant Delay” shall mean each day of delay in the performance of the Landlord’s Work that occurs (a) because of Tenant’s failure to timely deliver or approve any required documentation such as any design or space plans (it being agreed that Tenant shall have a reasonable time to review and comment on any such design or space plan, which reasonable time shall be no less than five (5) business days), (b) because of any change by Tenant to any design or space plans after the same have been approved as final by Tenant in writing, or (c) because Tenant or its employees, agents, or contractors otherwise delay completion of the Landlord’s Work. On or before October 15 2018, Tenant’s architect shall deliver all plans, drawings, narratives and other materials required for submission of a TAA to Massport. For avoidance of doubt, Tenant’s failure to cause its architect to delivery such plans by such date shall be a Tenant Delay. In the event Tenant does not spend the entire TI Allowance, all remaining TI Allowance funds shall remain property of Landlord. Tenant shall not be obligated to pay any charge for the use of the building services (including, but not limited to, parking, freight elevators, loading docks, air handling capacity, utilization of the building chases for ducting purposes, and electricity) during construction of Landlord’s Work or during Tenant’s move into the Premises. The loading dock which may be used by Tenant during the Term shall be identified on a ground floor plan to be attached hereto as Exhibit A-1. Landlord shall provide for Tenant’s exclusive use a generator with an output not to exceed 250kW. Landlord shall contribute an amount not to exceed $50,000 towards the generator costs, which shall include but are not limited to the procurement and installation of the generator and transfer switch (collectively, the “Generator Installation Costs”), but shall exclude any costs related to any dunnage installation to the Building necessary to install the generator (the “Generator Dunnage Costs”). The Generator Dunnage Costs shall be the sole responsibility of Landlord. All Generator Installation Costs in excess of Landlord’s $50,000 contribution, exclusive of the Generator Dunnage Costs, shall be borne by Tenant. In addition, Tenant shall have the right, subject to Article 6.2.4, to install HVAC equipment, antennas and satellite dishes on the roof or other part of the Building's Work.
Appears in 1 contract
Landlord’s Work. Landlord shall perform will make certain improvements to the Expansion Premises (the “Landlord’s Work”) in as set forth on the Premises in accordance with the attached Work Letter and all such improvements shall be in compliance with all applicable laws, codes and regulations. Landlord shall engage The Richmond Group as the general contractor for the performance of the tenant improvements in the Work Letter that are identified with an “X” in the column labeled “TenantPlan” (the ‘‘Tenant Items”as hereinafter defined). The items on Tenant shall have the Work Letter that are identified with an “X” in right to designate the column labeled “Landlord” shall be performed by Landlord at Landlord’s sole cost architect/space planner and expense with contractors chosen at Landlord’s sole and absolute discretion. All costs engineers or consultants for the Tenant Items in the Work Letter shall be paid solely with funds from the TI Allowance (defined below). Notwithstanding anything herein to the contrary, Landlord shall not be required to spend more than the TI Allowance (defined below) for the Tenant Items and any cost of the portions of Landlord’s Work that are Tenant Items which are in excess of the TI Allowance shall be paid by Tenant. For purposes of this Lease, “substantial completion” of Landlord’s Work shall be deemed to occur when the Premises are ready for Tenant’ occupancy except for minor items which do not cause material interference with Tenant’s use and occupancy of the Premises with Landlord having obtained a certificate of occupancy for the Premises. If substantial completion of Landlord’s Work is delayed by a Tenant Delay, then substantial completion shall be deemed to occur on the date on which the Landlord’s Work in the Premises would have been substantially completed but Work, subject to Landlord’s reasonable approval, which costs may be paid for the occurrence of any Tenant Delay. As used herein, a “Tenant Delay” shall mean each day of delay in the performance as part of the Landlord’s Work that occurs Cap. Tenant agrees to meet with Landlord’s architect and/or space planner for the purpose of promptly preparing more detailed plans for the layout of the Expansion Premises (a“Space Plan”). Tenant shall have five (5) because business days from Landlord’s submission of such Space Plan to Tenant to approve or disapprove the same. Tenant’s failure to timely deliver so approve or approve any required documentation disapprove within such five (5) business day period shall constitute a Tenant Delay (as any design defined herein) and, at Landlord’s election, be deemed Tenant’s approval thereof. Tenant’s disapproval of such Space Plan shall specifically identify the nature of such disapproval. Landlord shall then have the Space Plan amended to incorporate those items specified in Tenant’s disapproval to which Landlord agrees. Tenant’s approval of the Space Plan shall not be unreasonably withheld, conditioned or space plans (delayed. Landlord and Tenant shall diligently work together in good faith to agree upon the Space Plan, it being agreed that Tenant shall have a reasonable time no right to review and comment on any such design request that the Space Plan be revised except pursuant to Section 4 below. Upon approval, or space plandeemed approval, which reasonable time of the Space Plan the same shall be deemed the “Plan” for the purposes of this Work Letter. Following the parties' approval of the Plan, Landlord shall submit the Plan for competitive bidding to at least three (3) contractors from a list of contractors mutually approved by Landlord and Tenant. All bids will be opened together with Landlord selecting the general contractor to construct the Landlord’s Work (the “General Contractor”), subject to the reasonable approval of Tenant. The amount of the General Contractor’s bid, with such changes as may be approved in writing between Landlord and Tenant prior to final selection of the General Contractor, shall be deemed to be the “Budget” for the Landlord’s Work. Except as may be otherwise shown on the Plans, Landlord shall perform Landlord’s Work using building standard materials, quantities and procedures then in use by Landlord. In no less event shall Landlord be obligated to spend more than One Million Five Hundred Forty-Three Thousand Two Hundred Ninety-Five and 00/100 Dollars ($1,543,295) (the “Landlord’s Cap”) in performing Landlord’s Work. Any costs in performing Landlord’s Work in excess of Landlord’s Cap which are approved in conformity with this Work Letter (the “Excess”), shall be paid by Tenant within five (5) business daysdays of receipt of written invoice by Landlord. In the event Tenant fails to timely pay any such Excess, Landlord shall be entitled to suspend the performance of Landlord’s Work until such time as such payment is received by Landlord and said suspension shall be deemed a Tenant Delay. The cost of Landlord’s Work for calculations relative to the Landlord’s Cap shall include all costs incurred by Landlord to plan, design and perform Landlord’s Work, including without limitation, the fees and charges of Landlord’s architect, Landlord’s engineer and the General Contractor, all permit and inspection fees and charges, and any costs incurred by or charged to Landlord for (i) substitution of materials or finishes due to the unavailability of materials or finishes specified in Tenant’s request, (ii) necessary modification of any portions of the Building or its systems to accommodate Landlord’s Work, except as otherwise set forth herein, and (iii) any change to comply with applicable laws, regulations, codes or ordinances and/or the requirements of any building inspector with jurisdiction over Landlord’s Work. Landlord may deduct from the Landlord’s Cap a project management fee equal to two percent (2%) of the total cost of Landlord’s Work. Notwithstanding anything to the contrary herein, if the aggregate total cost of Landlord’s Work performed pursuant to this Work Letter is less than the Landlord’s Cap, any unused portion of Landlord’s Cap up to $77,165.00 shall be applied to offset the Base Rent next due under the Lease, once the exact amount of such unused portion of the Landlord’s Cap is determined by Landlord (“Base Rent Credit”). Except as otherwise provided herein, any unused portion of the Landlord’s Cap after application of the Base Rent Credit shall be available to Tenant for a period of up to twenty-four (24) months following the Expansion Date to use for the cost of subsequent Alterations (the “Remainder”). Provided Tenant (i) has completed all of such subsequent Alterations in accordance with the terms of the Lease, has paid for all of such subsequent Alterations in full and has delivered to Landlord lien waivers from all persons who might have a lien as a result of such work in recordable form, (ii) has delivered to Landlord its certificate specifying the total cost of such subsequent Alterations and all contractors involved with such subsequent Alterations, together with evidence of such cost in the form of paid invoices, receipts and the like, (iii) has made written request for such payment on or before that date which is twenty-four (24) months following the Expansion Date, (iv) is not otherwise in default under the Lease beyond applicable notice and cure periods, and (v) there are no liens against Tenant’s interest in the Lease or arising out of such subsequent Alterations, then within thirty (30) days after the satisfaction of the foregoing conditions, Landlord shall pay to Tenant the lesser of the amount of such costs so certified or the Remainder. For the purposes hereof, the cost to be so reimbursed by Landlord shall include the hard costs of such subsequent Alterations, together with Tenant’s actual out-of-pocket engineering, architectural and permitting costs, but not the cost of any of Tenant’s personal property, trade fixtures, trade equipment, or wiring. Landlord shall be under no obligation to apply any portion of the Remainder for any purposes other than as provided herein, nor shall Landlord be deemed to have assumed any obligations, in whole or in part, of Tenant to any contractors, subcontractors, suppliers, workers or materialmen. Further, in no event shall Landlord be required to pay any portion of the Remainder on account of any supervisory fees, overhead, management fees or other payments to Tenant, or any partner or affiliate of Tenant. Any portion of the Remainder which not requested or applied in compliance with the terms and conditions hereof on or before that date which is twenty-four (24) months following the Expansion Date shall be retained by Landlord and forfeited by Tenant. The costs of the Landlord’s Work shall not include (and Landlord shall be solely responsible for and the Landlord’s Cap shall not be used for) the following: (a) costs which are expressly made Landlord’s responsibility hereunder; (b) because costs incurred due to the presence of any change by Tenant to any design Hazardous Materials in the Premises or space plans after the same have been approved as final by Tenant in writing, or surrounding areas; (c) attorneys’ fees incurred in connection with negotiation of construction contracts, and attorneys’ fees, experts’ fees and other costs in connection with disputes with third parties; (d) interest and other costs of financing construction costs; (e) costs incurred as a consequence of delay (unless the delay is caused by Tenant), construction defects or default by a contractor; (f) costs recoverable by Landlord upon account of warranties and insurance; (g) restoration costs in excess of insurance proceeds as a consequence of casualties; (h) penalties and late charges attributable to Landlord’s failure to pay construction costs; (i) costs to bring the Common Areas of the Project into compliance with Applicable Laws as of the Expansion Date, except to the extent required because Tenant of Tenant’s use of all or its employeesa portion of the Premises for other than the permitted use; (j) wages, agentslabor and overhead for overtime and premium time; and (k) construction management, or contractors otherwise delay completion profit and overhead charges in excess of 2% of the total costs of the Landlord’s Work. On or before October 15 2018, Tenant’s architect shall deliver all plans, drawings, narratives and other materials required for submission of a TAA to Massport. For avoidance of doubt, Tenant’s failure to cause its architect to delivery such plans by such date shall be a Tenant Delay. In the event Tenant does not spend the entire TI Allowance, all remaining TI Allowance funds shall remain property of Landlord. Tenant shall not be obligated to pay any charge for the use of the building services (including, but not limited to, parking, freight elevators, loading docks, air handling capacity, utilization of the building chases for ducting purposes, and electricity) during construction of Landlord’s Work or during Tenant’s move into the Premises. The loading dock which may be used by Tenant during the Term shall be identified on a ground floor plan to be attached hereto as Exhibit A-1. Landlord shall provide for Tenant’s exclusive use a generator with an output not to exceed 250kW. Landlord shall contribute an amount not to exceed $50,000 towards the generator costs, which shall include but are not limited to the procurement and installation of the generator and transfer switch (collectively, the “Generator Installation Costs”), but shall exclude any costs related to any dunnage installation to the Building necessary to install the generator (the “Generator Dunnage Costs”). The Generator Dunnage Costs shall be the sole responsibility of Landlord. All Generator Installation Costs in excess of Landlord’s $50,000 contribution, exclusive of the Generator Dunnage Costs, shall be borne by Tenant. In addition, Tenant shall have the right, subject to Article 6.2.4, to install HVAC equipment, antennas and satellite dishes on the roof or other part of the Building.
Appears in 1 contract
Sources: Lease (Maxlinear Inc)
Landlord’s Work. (a) On or before March 1, 1997, Tenant shall prepare and deliver to Landlord shall perform improvements a detailed report which itemizes (1) portions of the “Landlord’s Work”HVAC system, roof and roof membrane, Building structure, plumbing, electrical, systems and parking lot which are not in good operating condition, and (2) conditions in the Premises in accordance with the attached Work Letter and all such improvements shall be which were not constructed in compliance with or were not subsequently modified as was required under municipal, State of California or federal statutes, laws, rules, regulations, orders specifically applicable to the Premises (including without limitation all applicable lawsfire and building codes) (collectively, codes "Laws"), including without limitation any laws requiring installation of a fire sprinkler system, seismic reinforcement and regulationsrelated alterations, removal of asbestos and compliance with the Americans with Disabilities Act and California Code of Regulations Title 24 (except that Tenant shall be responsible for all modifications to the interior of the Premises which may not comply with Laws related to persons with disabilities, including without limitation the Americans with Disabilities Act). Landlord Upon delivery of prior written notice to Landlord, Tenant shall engage The Richmond Group as have reasonable access to the general contractor Premises for the performance purpose of the tenant improvements in the Work Letter performing such inspections; provided that are identified with an “X” in the column labeled “Tenant” (the ‘‘Tenant Items”). The items on the Work Letter that are identified with an “X” in the column labeled “Landlord” shall be performed by Landlord at Landlord’s sole cost and expense with contractors chosen at Landlord’s sole and absolute discretion. All costs for the Tenant Items in the Work Letter shall be paid solely with funds from the TI Allowance (defined below). Notwithstanding anything herein to the contrary, Landlord shall not be required to spend more than disturb the TI Allowance (defined below) for the Tenant Items and any cost of the portions of Landlord’s Work that are Tenant Items which are in excess of the TI Allowance shall be paid by Tenant. For purposes of this Lease, “substantial completion” of Landlord’s Work shall be deemed to occur when the Premises are ready for Tenant’ occupancy except for minor items which do not cause material interference with Tenant’s use and occupancy of the Premises with by Landlord's existing tenant. Tenant shall not make any boring or otherwise alter or modify the Premises without the prior written consent of Landlord. If Landlord having obtained a certificate grants such consent, Tenant shall return any such boring, modification or alteration to the condition which existed prior to such work. At Landlord's request, Tenant shall deliver to Landlord copies of occupancy for all consultant's reports prepared by or on behalf of Tenant in its investigation of the physical condition of the Premises. If substantial completion Tenant shall indemnify, protect, defend and hold harmless Landlord and Landlord's employees agents and contractors from and against all claims, demands, losses, liabilities, costs, fees and expenses (including attorneys and consultants' fees) arising out of Landlord’s Work is delayed or related to such inspections by Tenant and or Tenant's agents employees or contractors, except that the foregoing shall not apply to matters which arise solely because they are identified in a Tenant Delay, then substantial completion shall be deemed to occur report prepared by or on the date on which the Landlord’s Work in the Premises would have been substantially completed but for the occurrence of any Tenant Delay. As used herein, a “Tenant Delay” shall mean each day of delay in the performance of the Landlord’s Work that occurs (a) because behalf of Tenant’s failure to timely deliver or approve any required documentation such as any design or space plans .
(it being agreed that Tenant shall have a reasonable time to review and comment on any such design or space plan, which reasonable time shall be no less than b) Within five (5) business daysdays after receipt of such report, Landlord shall either approve the items listed on such report or deliver written notice to Tenant of items which Landlord reasonably believes are not required to be repaired or corrected under clauses (1) and (2) above (the "Disputed Items"), . Landlord shall only be obligated to perform such items as are properly included under clauses (b1) because of and (2) above and may select any change commercially reasonable method designed to cause the conditions identified by Tenant to any design be in good operating condition or space plans in compliance with such laws as the case may be ("Landlord's Work"). If Landlord and Tenant cannot agree within five (5) days after the same have been approved as final delivery of Landlord's notice on the conditions which require repair or correction, Landlord may elect to perform all such repairs and corrections but reserving the right to recover from Tenant amounts which Landlord expends on items which Landlord notifies Tenant are not required to be repaired or corrected under clauses (1) and (2) above. Disputed items shall be resolved by arbitration under the Commercial Real Estate Rules of the American Arbitration Association. Tenant shall reimburse Landlord for costs (plus interest at the Interest Rate from the date such cost is incurred) incurred by Landlord in correcting conditions identified by Tenant which are not properly included under clauses (1) and (2) above. Landlord shall perform all Landlord's Work in writing, or a good and workmanlike manner in accordance with applicable Laws at Landlord's sole cost and expense without right of reimbursement from Tenant. Tenant shall allow Landlord to have access to the Premises at all times in order for Landlord to perform Landlord's Work and the parties shall mutually cooperate in scheduling contractors to perform such work.
(c) because Tenant or its employees, agents, or contractors otherwise delay completion of the Landlord’s Work. On or before October 15 2018, Tenant’s architect shall deliver all plans, drawings, narratives and other materials required for submission of a TAA to Massport. For avoidance of doubt, Tenant’s failure to cause its architect to delivery such plans by such date shall be a Tenant Delay. In the event Tenant does not spend the entire TI Allowance, all remaining TI Allowance funds shall remain property of Landlord. Tenant shall not be obligated to pay any charge for the use of the building services (including, but not limited to, parking, freight elevators, loading docks, air handling capacity, utilization of the building chases for ducting purposes, and electricityExcept as provided in subsection 7(a) during construction of Landlord’s Work or during Tenant’s move into the Premises. The loading dock which may be used by Tenant during the Term shall be identified on a ground floor plan to be attached hereto as Exhibit A-1. Landlord shall provide for Tenant’s exclusive use a generator with an output not to exceed 250kW. Landlord shall contribute an amount not to exceed $50,000 towards the generator costs, which shall include but are not limited to the procurement and installation of the generator and transfer switch (collectively, the “Generator Installation Costs”), but shall exclude any costs related to any dunnage installation to the Building necessary to install the generator (the “Generator Dunnage Costs”). The Generator Dunnage Costs shall be the sole responsibility of Landlord. All Generator Installation Costs in excess of Landlord’s $50,000 contribution, exclusive of the Generator Dunnage Costs, shall be borne by Tenant. In additionabove, Tenant shall accept the Premises and the Building in their as-is condition and Landlord shall have no obligation to improve or modify the right, subject to Article 6.2.4, to install HVAC equipment, antennas and satellite dishes on the roof or other part of Premises and/or the Building, except that Landlord shall use reasonable efforts to obtain and enforce a one year warranty of Landlord's Work from Landlord's contractor performing Landlord's Work.
Appears in 1 contract
Sources: Lease (Pc Tel Inc)
Landlord’s Work. Landlord shall perform improvements (the “Landlord’s Work”) in the Premises in accordance with the attached Work Letter and all such improvements shall be in compliance with all applicable laws, codes and regulations. Landlord shall engage The Richmond Group as the general contractor for the performance of the tenant improvements in the Work Letter that are identified with an “X” in the column labeled “Tenant” (the ‘‘Tenant Items”). The items on the Work Letter that are identified with an “X” in the column labeled “Landlord” shall be performed by Landlord at Landlord’s sole cost and expense with contractors chosen at Landlord’s sole and absolute discretion. All costs for the Tenant Items in the Work Letter shall be paid solely with funds from the TI Allowance (defined below). Notwithstanding anything herein to the contrarycontrary contained herein, Landlord shall not shall, at its expense, perform, or cause to be required to spend more than performed, the TI Allowance (defined below) for the Tenant Items and any cost of the portions of Landlord’s Work that are Tenant Items which are in excess as set forth on Exhibit B attached hereto and hereby made a part hereof. If the substantial completion of the TI Allowance shall Landlord’s Work is delayed by reason of any of the following (each, a “Tenant Delay”): (i) any act or omission (where Tenant has a duty to act) of Tenant or any of its employees, agents or contractors, provided that Landlord will inform Tenant of any such act or omission, in writing, within three (3) business days after the occurrence of same (and if Landlord fails to inform Tenant within such timeframe, the Tenant Delay will be paid tolled until Landlord informs Tenant); or (ii) any changes to Landlord’s Work requested by Tenant with respect to the plans or specifications or any changes or substitutions requested by Tenant thereto (and provided Landlord consents to such changes) (provided Landlord informs Tenant of the amount of delay at the time Tenant requests said change(s)); or (iii) Tenant. For purposes of ’s failure to furnish plans, information, details and specifications Landlord requests from Tenant, or subsequent changes thereto within the timeframe(s) set forth in this Lease; or (iv) Tenant’s request for materials, “substantial completion” finishes or installations other than Landlord’s standard (provided Landlord informs Tenant of the amount of delay at the time Tenant requests said materials, finishes or installations); then Landlord’s Work shall be deemed to occur when the Premises are ready for Tenant’ occupancy except for minor items which do not cause material interference with Tenant’s use and occupancy of the Premises with Landlord having obtained a certificate of occupancy for the Premises. If substantial completion of Landlord’s Work is delayed by a Tenant Delay, then substantial completion shall be deemed to occur substantially completed on the date on which when the Landlord’s Work in the Premises same would have been substantially completed but for such delay and the occurrence of any Tenant Delay. As used herein, a “Tenant Delay” Commencement Date shall mean each day of delay in the performance of the Landlord’s Work that occurs (a) because of Tenant’s failure to timely deliver or approve any required documentation occur on such as any design or space plans (it being agreed that Tenant shall have a reasonable time to review and comment on any such design or space plan, which reasonable time shall be no less than five (5) business days), (b) because of any change by Tenant to any design or space plans after the same have been approved as final by Tenant in writing, or (c) because Tenant or its employees, agents, or contractors otherwise delay completion of the Landlord’s Work. On or before October 15 2018, Tenant’s architect shall deliver all plans, drawings, narratives and other materials required for submission of a TAA to Massport. For avoidance of doubt, Tenant’s failure to cause its architect to delivery such plans by such date shall be a Tenant Delay. In the event Tenant does not spend the entire TI Allowance, all remaining TI Allowance funds shall remain property of Landlord. Tenant shall not be obligated to pay any charge for the use of the building services (including, but not limited to, parking, freight elevators, loading docks, air handling capacity, utilization of the building chases for ducting purposes, and electricity) during construction of Landlord’s Work or during Tenant’s move into the Premises. The loading dock which may be used by Tenant during the Term shall be identified on a ground floor plan to be attached hereto as Exhibit A-1. Landlord shall provide for Tenant’s exclusive use a generator with an output not to exceed 250kW. Landlord shall contribute an amount not to exceed $50,000 towards the generator costs, which shall include but are not limited to the procurement and installation of the generator and transfer switch (collectively, the “Generator Installation Costs”), but shall exclude any costs related to any dunnage installation to the Building necessary to install the generator (the “Generator Dunnage Costs”). The Generator Dunnage Costs shall be the sole responsibility of Landlord. All Generator Installation Costs in excess of Landlord’s $50,000 contribution, exclusive of the Generator Dunnage Costs, shall be borne by Tenantdate. In addition, Tenant shall pay to Landlord all costs and damages which Landlord may sustain by reason of such ▇▇▇▇▇▇ ▇▇▇▇▇. If ▇▇▇▇▇▇ claims that some or all of Landlord’s Work have not been completed by Landlord upon the date Landlord notifies Tenant that Landlord has substantially completed Landlord’s Work, Tenant shall, within ten (10) days of said date (or ten (10) days following the date Tenant opens for the transaction of business, whichever date shall be sooner), submit to Landlord a written list of the work Tenant claims remains to be performed by Landlord, and Landlord shall have thirty (30) days thereafter to complete such work. If Landlord fails to complete such work, the sole remedy of Tenant shall be to complete such work and Tenant shall have the rightright to set off the reasonable costs thereof from the rent due Landlord in order to reimburse Tenant for the cost and expense of completion of the work. Upon written request of ▇▇▇▇▇▇▇▇, Tenant will, within five (5) business days following request, furnish to Landlord a written statement that Tenant is in occupancy of the Demised Premises, that Landlord’s Work has been completed in accordance with Landlord’s obligations or in lieu thereof, a list of the work Tenant claims to be incomplete. Tenant shall perform all other work (“Tenant’s Work”) necessary for it to use the Demised Premises as contemplated in this Lease and such work shall be performed in accordance with the Legal Requirements, at Tenant’s sole cost and expense, pursuant to plans, drawings and specifications therefor prepared by Tenant, at its sole cost and expense, and submitted to, and approved by Landlord and subject to the terms of this Lease, including, without limitation, Article 6.2.4, to install HVAC equipment, antennas and satellite dishes on the roof or other part of the Building10 hereof.
Appears in 1 contract
Sources: Lease Agreement (BuzzFeed, Inc.)
Landlord’s Work. Landlord shall have no obligation to perform improvements (the “Landlord’s Work”) in any work or construction to the Premises in accordance with during the attached Work Letter and all such improvements shall be in compliance with all applicable lawsLease Term, codes and regulations. except that Landlord shall engage The Richmond Group as the general contractor for the performance of the tenant improvements in the Work Letter that are identified with an “X” in the column labeled “Tenant” (the ‘‘Tenant Items”). The items on the Work Letter that are identified with an “X” in the column labeled “Landlord” shall be performed by Landlord shall, at Landlord’s 's sole cost and expense with contractors chosen at expense, install a tab meter on the domestic water line to monitor usage (the "Landlord’s sole and absolute discretion. All costs for the Tenant Items in the Work Letter shall be paid solely with funds from the TI Allowance (defined below's Work"). Notwithstanding anything herein to the contrary, Tenant acknowledges and agrees that (i) Landlord shall not be required liable to spend more than Tenant for any inconveniences Tenant may experience during the TI Allowance (defined below) for the Tenant Items and any cost of the portions of Landlord’s Work that are Tenant Items which are in excess of the TI Allowance shall be paid by Tenant. For purposes of this Leaseperformance, “substantial completion” of Landlord’s Work shall be deemed to occur when the Premises are ready for Tenant’ occupancy except for minor items which do not cause material interference with Tenant’s use and occupancy of the Premises with Landlord having obtained a certificate of occupancy for the Premises. If substantial completion of Landlord’s Work is delayed by a Tenant Delay, then substantial completion shall be deemed to occur on the date on which the Landlord’s Work in the Premises would have been substantially completed but for the occurrence of any Tenant Delay. As used herein, a “Tenant Delay” shall mean each day of delay in the performance construction or installation of the Landlord’s 's Work that occurs (a) because of Tenant’s failure to timely deliver or approve for any required documentation such as any design or space plans (it being agreed that Tenant shall have a reasonable time to review and comment on any such design or space plan, which reasonable time shall be no less than five (5) business days), (b) because of any change by Tenant to any design or space plans after the same have been approved as final by Tenant delays in writing, or (c) because Tenant or its employees, agents, or contractors otherwise delay Landlord's completion of the Landlord’s Work. On or before October 15 2018, Tenant’s architect shall deliver all plans, drawings, narratives and other materials required for submission 's Work (regardless of a TAA to Massport. For avoidance the length of doubt, Tenant’s failure to cause its architect to delivery any such plans by such date shall be a Tenant Delay. In the event Tenant does not spend the entire TI Allowance, all remaining TI Allowance funds shall remain property of Landlord. Tenant delays); (ii) Landlord shall not be obligated to pay perform, construct or install (or cause to be performed, constructed or installed) the Landlord's Work at any charge time other than during normal business hours on regular business days; (iii) Tenant shall ensure that neither Tenant, nor any of Tenant's agents, sublessees, employees, representatives, contractors, subcontractors, suppliers, customers and invitees, interfere with or impede the performance and completion of the Landlord's Work (regardless of whether such Landlord's Work is performed by Landlord or any of Landlord's agents, employees, contractors, or subcontractors); (iv) Landlord shall have access to the Premises at all times for the use purpose of performing, installing and completing the building services Landlord's Work; and (including, but not limited to, parking, freight elevators, loading docks, air handling capacity, utilization of the building chases for ducting purposes, and electricityv) during construction of Landlord’s Work or during Tenant’s move into the Premises. The loading dock which may be used by Tenant shall reasonably cooperate with Landlord during the Term shall be identified on a ground floor plan to be attached hereto as Exhibit A-1. Landlord shall provide for Tenant’s exclusive use a generator with an output not to exceed 250kW. Landlord shall contribute an amount not to exceed $50,000 towards the generator costsperformance, which shall include but are not limited to the procurement construction and installation of the generator Landlord's Work and transfer switch (collectively, the “Generator Installation Costs”), but shall exclude any costs related to any dunnage installation to the Building necessary to install the generator (the “Generator Dunnage Costs”). The Generator Dunnage Costs Tenant shall be responsible, at no cost to Landlord, for the sole responsibility moving of any and all furniture, trade fixtures, equipment and/or personal property that is reasonably necessary for Landlord to complete (or cause the completion of) the Landlord's Work. All Generator Installation Costs If Tenant shall desire any changes in excess of the Landlord’s $50,000 contribution, exclusive of the Generator Dunnage Costs, shall be borne by Tenant. In addition's Work, Tenant shall have so advise Landlord in writing and Landlord shall determine whether such changes can be made in a reasonable and feasible manner. Any and all costs of reviewing any requested changes, and any and all costs of making any changes to the right, subject Landlord's Work which Tenant may request and which Landlord may agree to Article 6.2.4, shall be at Tenant's sole cost and expense and shall be paid to install HVAC equipment, antennas Landlord upon demand and satellite dishes on the roof or other part before execution of the Buildingchange order.
Appears in 1 contract
Sources: Lease (HealthWarehouse.com, Inc.)
Landlord’s Work. Landlord shall perform improvements (The work to be performed as shown on the Approved Working Drawings is herein called “Landlord’s Work”) in the Premises in accordance with the attached Work Letter , and all such improvements shall be in compliance with all applicable laws, codes and regulations. Landlord shall engage The Richmond Group as the general contractor for the performance of the tenant improvements in the Work Letter that are identified with an “X” in the column labeled “Tenant” (the ‘‘Tenant Items”). The items on the Work Letter that are identified with an “X” in the column labeled “Landlord” shall be performed by Landlord at MDC, as Landlord’s sole cost general contractor and expense with contractors chosen at Landlord’s sole and absolute discretion. All costs for the Tenant Items construction manager, and/or its agents, employees or subcontractors using existing materials or new materials of good quality (as respectively identified in the Work Letter shall be paid solely Design Intent Guidelines and the Approved Working Drawings) and structurally sound and free from any defects or deficiencies and in accordance with funds from all applicable codes, ordinances and Laws (as that term is defined in the TI Allowance (defined belowLease), and in a good and workmanlike manner. Notwithstanding anything herein to Landlord will indicate on the contrary, Landlord shall not be required to spend more than the TI Allowance (defined below) for the Tenant Items and any cost of Approved Working Drawings the portions of Landlord’s Work, if any, which Tenant is to remove by expiration or termination of the Lease; and Tenant will timely comply with such requirements and repair any damage to the Demised Premises, Building, Common Areas or Land caused thereby at its own expense. Contractors will be selected by MDC on the basis of several factors, including but not limited to cost, quality of work, ability to staff the job, schedule and reputation. All materials and finishes used in Landlord’s Work shall be as specified on the Design Intent Guidelines and the Approved Working Drawings, or, if unspecified, shall be Landlord’s Building standard materials and finishes, from which Tenant shall make its selection of floor covering materials and paint colors. MDC reserves the right (i) to make substitutions of materials of equivalent grade and quality when and if any specified material shall not be readily and reasonably available, and (ii) to make changes necessitated by conditions met in the course of construction, provided that are Tenant Items Tenant’s approval is first obtained prior to any substantial change from the Approved Working Drawings (which approval shall not be unreasonably withheld, conditioned or delayed so long the proposed changes are in excess of general conformity with the TI Allowance Design Intent Guidelines and the Approved Working Drawings; and which approval shall be paid deemed given if not refused in writing with full proper reasons stated by TenantTenant within three (3) business days after Landlord’s written request). For purposes of this Lease, “substantial completion” All of Landlord’s Work shall be deemed to occur when the Premises are ready for Tenant’ occupancy considered leasehold improvements (except for minor items which do not cause material interference with Tenant’s use as may otherwise be specified herein) and occupancy of the Premises with Landlord having obtained a certificate of occupancy for the Premises. If substantial completion of Landlord’s Work is delayed by a Tenant Delay, then substantial completion shall be deemed to occur on be the date on which the Landlord’s Work in the Premises would have been substantially completed but for the occurrence of any Tenant Delay. As used herein, a “Tenant Delay” shall mean each day of delay in the performance of the Landlord’s Work that occurs (a) because of Tenant’s failure to timely deliver or approve any required documentation such as any design or space plans (it being agreed that Tenant shall have a reasonable time to review and comment on any such design or space plan, which reasonable time shall be no less than five (5) business days), (b) because of any change by Tenant to any design or space plans after the same have been approved as final by Tenant in writing, or (c) because Tenant or its employees, agents, or contractors otherwise delay completion of the Landlord’s Work. On or before October 15 2018, Tenant’s architect shall deliver all plans, drawings, narratives and other materials required for submission of a TAA to Massport. For avoidance of doubt, Tenant’s failure to cause its architect to delivery such plans by such date shall be a Tenant Delay. In the event Tenant does not spend the entire TI Allowance, all remaining TI Allowance funds shall remain property of Landlord. Tenant Landlord and shall not be obligated to pay any charge for removed from the use of Demised Premises without the building services (including, but not limited to, parking, freight elevators, loading docks, air handling capacity, utilization of the building chases for ducting purposes, and electricity) during construction express prior written consent of Landlord’s Work or during Tenant’s move into the Premises. The loading dock which may be used by Tenant during the Term shall be identified on a ground floor plan to be attached hereto as Exhibit A-1. Landlord shall provide for Tenant’s exclusive use a generator with an output not to exceed 250kW. Landlord shall contribute an amount not to exceed $50,000 towards the generator costs, which shall include but are not limited to the procurement and installation of the generator and transfer switch (collectively, the “Generator Installation Costs”), but shall exclude any costs related to any dunnage installation to the Building necessary to install the generator (the “Generator Dunnage Costs”). The Generator Dunnage Costs shall be the sole responsibility of Landlord. All Generator Installation Costs in excess of Landlord’s $50,000 contribution, exclusive of the Generator Dunnage Costs, shall be borne by Tenant. In addition, Tenant shall have the right, subject to Article 6.2.4, to install HVAC equipment, antennas and satellite dishes on the roof or other part of the Building.
Appears in 1 contract
Landlord’s Work. Landlord shall perform improvements (the “Landlord’s Work”) in the Premises in accordance with the attached Work Letter and all such improvements shall be in compliance with all applicable lawshereby agrees, codes and regulations. Landlord shall engage The Richmond Group as the general contractor for the performance of the tenant improvements in the Work Letter that are identified with an “X” in the column labeled “Tenant” (the ‘‘Tenant Items”). The items on the Work Letter that are identified with an “X” in the column labeled “Landlord” shall be performed by Landlord at Landlord’s 's --------------- sole cost and expense with contractors chosen at expense, in a good and workmanlike manner, to perform the work described in Exhibit "D", which is attached hereto and made a part hereof, to ----------- the Premises (hereinafter collectively referred to as "Landlord’s sole and absolute discretion. All costs for the Tenant Items in the Work Letter shall be paid solely with funds from the TI Allowance (defined below's Work"). Notwithstanding anything herein to the contraryWhen Landlord's Work is "substantially complete" (as hereinafter defined), then Landlord shall not be required to spend more than the TI Allowance (defined below) for the Tenant Items and any cost of the portions of Landlord’s Work that are Tenant Items which are in excess of the TI Allowance shall be paid by so notify Tenant. For purposes of this Lease, “substantial completion” of It is acknowledged between the parties that Landlord’s 's Work shall be deemed substantially complete at such time as Landlord has substantially completed Landlord's Work, notwithstanding Landlord may not have completed any extra work requested by Tenant or that minor or insubstantial portions of the construction, decoration, mechanical adjustments or other customary "punch list" items remain to occur when be done. Upon such notification, Tenant shall promptly (and not later than two (2) business days after the Premises are ready for date of Landlord's said notice) inspect Landlord's Work and furnish to Landlord a written statement that, with the exception of certain specified and enumerated items (hereinafter referred to as the "Punch List"), Landlord's Work is substantially complete. At the request of Landlord, from time to time thereafter, Tenant shall, upon completion of items previously listed on a Punch List, promptly furnish to Landlord a revised Punch List acknowledging completion of said item. Landlord hereby agrees to use reasonable efforts to complete all Punch List items within thirty (30) days of the date Landlord's Work is substantially complete, subject to extension due to delays caused by Tenant’ occupancy except for minor items which do not cause material , its agents or employees or customary "force majeure" conditions. Landlord shall use its best efforts to minimize interference with Tenant’s 's use and occupancy of the Premises with Landlord having obtained a certificate of occupancy for during the Premises. If substantial completion pendency of Landlord’s Work is delayed by a Tenant Delay, then substantial completion shall be deemed to occur on the date on which the Landlord’s Work in the Premises would have been substantially completed but for the occurrence of any Tenant Delay. As used herein, a “Tenant Delay” shall mean each day of delay in the performance of the Landlord’s Work that occurs (a) because of Tenant’s failure to timely deliver or approve any required documentation such as any design or space plans (it being agreed that Tenant shall have a reasonable time to review and comment on any such design or space plan, which reasonable time shall be no less than five (5) business days), (b) because of any change by Tenant to any design or space plans after the same have been approved as final by Tenant in writing, or (c) because Tenant or its employees, agents, or contractors otherwise delay completion of the Landlord’s 's Work. On or before October 15 2018, Tenant’s architect shall deliver all plans, drawings, narratives and other materials required for submission of a TAA to Massport. For avoidance of doubt, Tenant’s failure to cause its architect to delivery such plans by such date shall be a Tenant Delay. In the event Tenant does not spend the entire TI Allowance, all remaining TI Allowance funds shall remain property of Landlord. Tenant shall not be obligated to pay any charge for the use of the building services (including, but not limited to, parking, freight elevators, loading docks, air handling capacity, utilization of the building chases for ducting purposes, and electricity) during construction of Landlord’s Work or during Tenant’s move into the Premises. The loading dock which may be used by Tenant during the Term shall be identified on a ground floor plan to be attached hereto as Exhibit A-1. Landlord shall provide for Tenant’s exclusive use a generator with an output not to exceed 250kW. Landlord shall contribute an amount not to exceed $50,000 towards the generator costs, which shall include but are not limited to the procurement and installation of the generator and transfer switch (collectively, the “Generator Installation Costs”), but shall exclude any costs related to any dunnage installation to the Building necessary to install the generator (the “Generator Dunnage Costs”). The Generator Dunnage Costs shall be the sole responsibility of Landlord. All Generator Installation Costs in excess of Landlord’s $50,000 contribution, exclusive of the Generator Dunnage Costs, shall be borne by Tenant. In addition, Tenant shall have the right, subject to Article 6.2.4, to install HVAC equipment, antennas and satellite dishes on the roof or other part of the Building.
Appears in 1 contract
Sources: Industrial Building Lease (Styrochem International Inc)
Landlord’s Work. (a) Landlord shall perform improvements agrees to (the “Landlord’s Work”i) disassemble certain work stations which are in the Premises location of the new demising wall referenced in accordance with (ii) below and necessary to be removed in order to construct the attached Work Letter and all such improvements shall be in compliance with all applicable laws, codes and regulations. Landlord shall engage The Richmond Group as the general contractor demising wall (ii) install a demising wall for the performance of the tenant improvements Expansion Space where noted on Exhibit A attached hereto (iii) remove work stations in the Work Letter that are identified with an “X” in the column labeled “Tenant” Expansion Space not being utilized by Tenant and of which Tenant gives Landlord written notice on or before February 15, 2004 and (the ‘‘Tenant Items”iv) remove one (1) conference room table (collectively (i). The items on the Work Letter that are identified with an “X” in the column labeled “, (ii), (iii) and (iv) being "Landlord” shall be performed by Landlord 's Work") at Landlord’s 's sole cost and expense with contractors chosen at on or before the Commencement Date, utilizing quality material and construction practices. The Landlord’s sole and absolute discretion's Work will be performed by Landlord's general contractor. All costs for Landlord agrees to use good faith diligent efforts to complete the Tenant Items in Landlord's Work on or before the Work Letter Commencement Date. With the exception only of Landlord's Work, the Premises shall be paid solely with funds from leased to Tenant in its "as is, where is" condition as of the TI Allowance (defined below). Notwithstanding anything herein to date hereof and on the contrary, Commencement Date and Landlord shall not be required to spend more than the TI Allowance (defined below) make nor to pay for the Tenant Items and any cost of the portions of Landlord’s Work that are Tenant Items which are alterations or improvements necessary or required in excess of the TI Allowance shall be paid by Tenant. For purposes of this Lease, “substantial completion” of Landlord’s Work shall be deemed to occur when the Premises are ready for Tenant’ occupancy except for minor items which do not cause material interference connection with Tenant’s 's use and and/or occupancy of the Premises with Landlord having obtained a certificate of occupancy for the Premises. If substantial completion Landlord shall use good faith efforts to complete the Landlord's Work and deliver the Expansion Space to Tenant broom-clean and free of Landlord’s Work is delayed by a Tenant Delayall occupants on or before March 1, then substantial completion 2004. The Commencement Date of this Lease shall be deemed the first to occur on of (i) the date on which the Landlord’s Work in the Premises would have been substantially completed but for the occurrence of any Tenant Delay. As used herein, a “Tenant Delay” shall mean each day of delay in the performance of the Landlord’s Work that occurs (a) because of Tenant’s failure to timely deliver or approve any required documentation such as any design or space plans (it being agreed that Tenant shall have a reasonable time to review and comment on any such design or space plan, which reasonable time shall be no less than five (5) business days), (b) because of any change by Tenant to any design or space plans after the same have been approved as final by Tenant in writing, or (c) because Tenant or its employees, agents, or contractors otherwise delay substantial completion of the Landlord’s 's Work and the Approved Tenant's TI Work (as defined in Section 3.2(b) and delivery of the Expansion Space broom-clean and free of all occupants or (ii) the date upon which Tenant commences use or occupancy of all or any part of the Expansion Space for the Permitted Uses as opposed to mere entry for the limited purposes allowed in connection with an Early Entry (as hereafter defined). At such time and to the extent that Landlord shall reasonably determine that Landlord's Work (as said term is hereafter defined) has progressed to the point that entry by Tenant or Tenant's contractors will not materially interfere with the performance and completion of Landlord's Work. On or before October 15 2018, Landlord shall permit Tenant, Tenant’s architect shall deliver all plans's employees and Tenant's contractors and vendors to enter the Premises prior to the Commencement Date ("Early Entry") in order to perform Tenant's TI Work and installations of telecommunications, drawingsvoice and data systems, narratives furniture and other materials required for submission of a TAA to Massportequipment. For avoidance of doubt, Tenant’s failure to cause its architect to delivery such plans by such date Such Early Entry shall be a Tenant Delay. In upon and subject to all of the event Tenant does terms, covenants and provisions of this Lease notwithstanding that the Commencement Date shall not spend the entire TI Allowance, all remaining TI Allowance funds shall remain property of Landlord. then have occurred except that Tenant shall not be obligated to pay any charge responsible for the use payment of Basic Rent and Additional Charges pursuant to Sections 5 and 6 hereof until the occurrence of the building services (including, but not limited to, parking, freight elevators, loading docks, air handling capacity, utilization of the building chases for ducting purposes, and electricity) during construction of Landlord’s Work or during Tenant’s move into the PremisesCommencement Date. The loading dock which may be used by Tenant during the Term shall be identified on a ground floor plan to be attached hereto as Exhibit A-1. Landlord shall provide for Tenant’s exclusive use a generator with an output not to exceed 250kW. Landlord shall contribute an amount not to exceed $50,000 towards the generator costs, which shall include but are not limited to the procurement and installation of the generator and transfer switch (collectively, the “Generator Installation Costs”), but shall exclude any costs related to any dunnage installation to the Building necessary to install the generator (the “Generator Dunnage Costs”). The Generator Dunnage Costs shall be the sole responsibility of Landlord. All Generator Installation Costs in excess of Landlord’s $50,000 contribution, exclusive of the Generator Dunnage Costs, shall be borne by Tenant. In addition, Tenant shall have the right, subject but not the obligation, to, within thirty (30) days after the Commencement Date, have the rentable square footage of the Expansion Space measured by an architect or engineer selected by Tenant and approved by Landlord which approval will not be unreasonably withheld. If Tenant fails to Article 6.2.4complete such measurement and deliver a copy thereof to Landlord together with a notice (a "Measurement Notice") claiming a right to remeasurement hereunder within thirty (30) days after the Commencement Date, to install HVAC equipment, antennas and satellite dishes such failure shall constitute a waiver on the roof or other part of the BuildingTenant to thereafter measure or challenge the rentable square footage of the Expansion Space. If such Measurement Notice and related measurement of the rentable square footage of the Expansion Space is delivered to Landlord within such thirty (30) day period, then Landlord and Tenant shall promptly meet in an attempt to resolve their differences as to the rentable square footage of the Expansion Space and pending resolution of such differences, the Expansion Space shall be deemed to continue to have rentable square footage set forth in this Lease. Upon agreement or final resolution by a court of competent jurisdiction as to the rentable square footage of the Expansion Space, the Annual Fixed Rent and Tenant's Proportionate Share shall be adjusted to take into account any increase or decrease of the rentable square footage resulting from such measurement. Tenant's architect or engineer shall use Landlord's measurement method for the calculation of rentable square footage in the Building in determining rentable square footage of the Premises. Upon request of Landlord, Tenant shall promptly execute a declaration setting forth the actual Commencement Date of this Lease as well as any adjustment to the rentable square footage of the Premises and Tenant's Proportionate Share resulting from remeasurement of the Expansion Space by Tenant.
Appears in 1 contract
Sources: Lease (Netezza Corp)
Landlord’s Work. Landlord shall perform improvements shall, at Landlord’s expense, cause to be performed the work required by Exhibits B and C (the collectively, “Landlord’s Work”) in the Premises in accordance with the ). The first portion of Landlord’s Work is as set forth on Exhibit B attached Work Letter and all such improvements shall be in compliance with all applicable laws, codes and regulations. Landlord shall engage The Richmond Group as the general contractor for the performance of the tenant improvements in the Work Letter that are identified with an “X” in the column labeled “Tenant” to this Lease (the ‘‘Tenant Items“Initial Landlord’s Work”). The items on the Work Letter that are identified with an “X” in the column labeled “Landlord” shall be performed by Landlord at second portion of Landlord’s sole cost and expense with contractors chosen at Work is as set forth on Exhibit C attached to this Lease (the “Remaining Landlord’s sole and absolute discretionWork”). All costs Landlord shall commence Landlord’s Work following the Date of this Lease with the understanding that Landlord shall diligently attend to those components of the Initial Landlord’s Work as necessary to meet the Initial Landlord’s Work Target Date stated in Section 1.1 above in order for the Tenant Items in the to commence Tenant’s Work Letter shall be paid solely with funds from the TI Allowance (defined below). Notwithstanding anything herein Landlord s Work shall be done in a good and workmanlike manner employing good materials and so as to conform to all applicable building laws. Tenant agrees that Landlord may make any changes in such work which may become reasonably necessary or advisable without approval of Tenant, provided written notice is promptly given to Tenant. It is the contrary, Landlord shall not be required to spend more than intent of the TI Allowance parties that Tenant may commence Tenant’s Work (as defined below) for while Landlord is performing the Tenant Items and any cost of Initial Landlord’s Work, with the understanding that all portions of Landlord’s Work (both the Initial Landlord’s Work and the Remaining Landlord’s Work) and Tenant’s Work can be performed simultaneously, it being agreed that are Tenant Items which are in excess and Landlord shall reasonably cooperate with each other to facilitate such work. Tenant wishes to move into that portion of the TI Allowance Premises that Tenant intends to use as laboratory space (the “Lab Space”) by December 31, 2016. Provided that the same will not delay the Substantial Completion of Landlord’s Work (or any component thereof), Landlord intends to cooperate with Tenant’s efforts to obtain a temporary certificate of occupancy for the Lab Space to enable Tenant to occupy the Lab Space on such date. Landlord agrees that Tenant may make changes in Landlord’s Work to request upgrades to certain components with the approval of Landlord (which approval shall not be unreasonably withheld, conditioned or delayed taking into account time constraints for the completion of Landlord’s Work, and otherwise utilizing the standards set forth in Section 6.2.5 regarding Landlord’s approval of alterations) and the execution by Landlord and Tenant of a Work Change Order, in the form attached hereto as Exhibit D. Tenant shall be paid by Tenantresponsible for all costs associated with such change orders or upgrades, including but not limited to any engineering or other professional fees associated with such items. For purposes of this LeaseThe terms “Substantially Completed”, “substantial completionSubstantial Completion” or any permutation thereof as used herein shall mean that the applicable portion of Landlord’s Work (i.e. the Initial Landlord’s Work and/or the Remaining Landlord’s Work) has been completed with the exception of minor items which can be fully completed without material interference with Tenant and other items which because of the season or weather or the nature of the item are not practicable to do at the time, provided that none of said items is necessary to make the Premises tenantable for the Permitted Uses. However, if Landlord is delayed from Substantially Completing any portion of Landlord’s Work (i.e. the Initial Landlord’s Work and/or the Remaining Landlord’s Work) because of a Tenant Delay (defined in Section 3.2 below), then such portion of Landlord’s Work shall be deemed to occur when be “Substantially Completed” on the Premises are ready date that such work would have been Substantially Completed but for Tenant’ occupancy except for minor items which do such Tenant Delay (but Landlord shall not cause material interference with Tenant’s use and occupancy be relieved of the Premises with obligation to actually complete Landlord’s Work). Provided the Lease is fully executed on or before August 23, 2016, then, subject to Force Majeure events (defined in Section 10.5 hereof) and any Tenant Delay, Landlord having obtained shall use diligence to cause (a) the Initial Landlord’s Work to be Substantially Completed by the Initial Landlord’s Work Target Date, and (b) the Remaining Landlord’s Work to be Substantially Completed by the Remaining Landlord’s Work Target Date. In the event that the entirety of Landlord’s Work (both Initial Landlord’s Work and the Remaining Landlord’s Work) is not Substantially Completed by February 7, 2017, for any reason other than a certificate Tenant Delay or Force Majeure event, then the Rent Commencement Date shall be extended by one (1) day for each day of occupancy for delay thereafter until the Premises. If substantial completion entirety of Landlord’s Work is delayed by a Tenant DelaySubstantially Completed (or is deemed Substantially Completed, then substantial completion shall be deemed to occur on the date on which the Landlord’s Work in the Premises would have been substantially completed but for the occurrence of any Tenant Delay. As used herein, a “Tenant Delay” shall mean each day of delay in the performance of the Landlord’s Work that occurs (a) because of Tenant’s failure to timely deliver or approve any required documentation such as any design or space plans (it being agreed that Tenant shall have a reasonable time to review and comment on any such design or space plan, which reasonable time shall be no less than five (5) business daysset forth above), (b) because of any change by Tenant to any design or space plans after the same have been approved as final by Tenant in writing, or (c) because Tenant or its employees, agents, or contractors otherwise delay completion of the Landlord’s Work. On or before October 15 2018, Tenant’s architect shall deliver all plans, drawings, narratives and other materials required for submission of a TAA to Massport. For avoidance of doubt, Tenant’s failure to cause its architect to delivery such plans by such date shall be a Tenant Delay. In the event Tenant does not spend the entire TI Allowance, all remaining TI Allowance funds shall remain property of Landlord. Tenant shall not be obligated to pay any charge for the use of the building services (including, but not limited to, parking, freight elevators, loading docks, air handling capacity, utilization of the building chases for ducting purposes, and electricity) during construction of Landlord’s Work or during Tenant’s move into the Premises. The loading dock which may be used by Tenant during the Term shall be identified on a ground floor plan to be attached hereto as Exhibit A-1. Landlord shall provide for Tenant’s exclusive use a generator with an output not to exceed 250kW. Landlord shall contribute an amount not to exceed $50,000 towards the generator costs, which shall include but are not limited to the procurement and installation of the generator and transfer switch (collectively, the “Generator Installation Costs”), but shall exclude any costs related to any dunnage installation to the Building necessary to install the generator (the “Generator Dunnage Costs”). The Generator Dunnage Costs shall be the sole responsibility of Landlord. All Generator Installation Costs in excess of Landlord’s $50,000 contribution, exclusive of the Generator Dunnage Costs, shall be borne by Tenant. In addition, Tenant shall have the right, subject to Article 6.2.4, to install HVAC equipment, antennas and satellite dishes on the roof or other part of the Building.
Appears in 1 contract
Landlord’s Work. A. Landlord shall perform improvements agrees to cause to be performed, at its sole expense, the work to the front entry and facade of the Building substantially as shown on the plan attached hereto as Exhibit C (the “Facade Work”), and the base building improvements described in Exhibit C-l attached hereto and incorporated herein by reference (the “Base Building Work”). Subject to the provisions of Section 10.5 of the Lease, and any delay caused by Tenant, the Landlord’s Facade Work described in Exhibit C, and the Base Building Work described in Exhibit C-l, shall all be substantially completed (defined below) no later than the date (the “Substantial Completion Date”) which is 120 days after the Site Plan Approval Date, provided Tenant cooperates with Landlord’s reasonable and necessary requirements to timely perform such work and coordinate the same with a corresponding Phase of Tenant’s Work, as applicable, and provided further that there is no delay caused by Tenant. The Facade Work and the Base Building Work are sometimes collectively referred to herein as “Landlord’s Work.”) in the Premises in accordance with the attached Work Letter and all such improvements shall be in compliance with all applicable laws, codes and regulations. Landlord shall engage The Richmond Group as the general contractor for the performance of the tenant improvements in the Work Letter that are identified with an “X” in the column labeled “Tenant” (the ‘‘Tenant Items”). The items on the Work Letter that are identified with an “X” in the column labeled “Landlord” shall be performed by Landlord at Landlord’s sole cost and expense with contractors chosen at Landlord’s sole and absolute discretion.
B. All costs for the Tenant Items in the Work Letter shall be paid solely with funds from the TI Allowance (defined below). Notwithstanding anything herein to the contrary, Landlord shall not be required to spend more than the TI Allowance (defined below) for the Tenant Items and any cost of the portions of Landlord’s Work that are Tenant Items which are in excess of the TI Allowance shall be paid by Tenant. For purposes of this Lease, “substantial completion” of Landlord’s Work shall be deemed completed by Landlord’s contractor, in a good and workmanlike manner employing good materials and so as to occur when conform to all applicable governmental laws, statutes, ordinances, rules, codes and regulations (collectively, the Premises are ready “Applicable Laws”). Landlord agrees to cause its architects, engineers and contractors to coordinate and reasonably cooperate with those of Tenant to enable Tenant’s Work to be performed on schedule. Subject to the provisions of Section 10.5 of the Lease, if Landlord fails to substantially complete all of Landlord’s Work by the date which is 30 days after the Substantial Completion Date, and such failure is not due to the actions or inaction of Tenant, then Tenant, at its option, may perform the work to complete any uncomplete portions of Landlord’s Work, and Landlord shall, within thirty (30) days after demand therefor, reimburse Tenant for Tenant’ occupancy except for all out of pocket costs incurred by Tenant in completing such work, together with interest thereon at the Prime Rate as published in the Wall Street Journal from time to time plus two percentage points per annum.
C. The term “substantially completed” as used herein shall mean that the work to be performed by Landlord pursuant to Exhibits C and C-l has been completed with the exception of (i) defects in Landlord’s Work of which Tenant shall have given notice to Landlord within one (1) year after the Substantial Completion Date, and (ii) minor items which do not cause can be fully completed without material interference with Tenant’s use , and occupancy other items which because of the season or weather or the nature of the item are not practicable to do at the time, provided that none of said items is necessary to make the Premises with Landlord having obtained a certificate of occupancy for tenantable. Any dispute between the Premises. If parties as to whether substantial completion of Landlord’s Work is delayed by has occurred which continues for thirty (30) days after notice from either party to the other, may upon request of either party be submitted for resolution to a Tenant Delay, then substantial completion mutually acceptable architect whose decision shall be deemed to occur binding on the date on which the Landlord’s Work in the Premises would have been substantially completed but for the occurrence of any Tenant Delay. As used herein, a “Tenant Delay” shall mean each day of delay in the performance of the Landlord’s Work that occurs (a) because of Tenant’s failure to timely deliver or approve any required documentation such as any design or space plans (it being agreed that Tenant shall have a reasonable time to review and comment on any such design or space plan, which reasonable time shall be no less than five (5) business days), (b) because of any change by Tenant to any design or space plans after the same have been approved as final by Tenant in writing, or (c) because Tenant or its employees, agents, or contractors otherwise delay completion of the Landlord’s Work. On or before October 15 2018, Tenant’s architect shall deliver all plans, drawings, narratives and other materials required for submission of a TAA to Massport. For avoidance of doubt, Tenant’s failure to cause its architect to delivery such plans by such date shall be a Tenant Delay. In the event Tenant does not spend the entire TI Allowance, all remaining TI Allowance funds shall remain property of Landlord. Tenant shall not be obligated to pay any charge for the use of the building services (including, but not limited to, parking, freight elevators, loading docks, air handling capacity, utilization of the building chases for ducting purposes, and electricity) during construction of Landlord’s Work or during Tenant’s move into the Premises. The loading dock which may be used by Tenant during the Term shall be identified on a ground floor plan to be attached hereto as Exhibit A-1. Landlord shall provide for Tenant’s exclusive use a generator with an output not to exceed 250kW. Landlord shall contribute an amount not to exceed $50,000 towards the generator costs, which shall include but are not limited to the procurement and installation of the generator and transfer switch (collectively, the “Generator Installation Costs”), but shall exclude any costs related to any dunnage installation to the Building necessary to install the generator (the “Generator Dunnage Costs”). The Generator Dunnage Costs shall be the sole responsibility of Landlord. All Generator Installation Costs in excess of Landlord’s $50,000 contribution, exclusive of the Generator Dunnage Costs, shall be borne by Tenant. In addition, Tenant shall have the right, subject to Article 6.2.4, to install HVAC equipment, antennas and satellite dishes on the roof or other part of the Buildingparties.
Appears in 1 contract
Landlord’s Work. (a) At Landlord’s sole expense, Landlord shall perform improvements will complete the work to the Leased Premises the work identified on Exhibit D. with minor variations as Landlord may deem advisable after consultation with Tenant (the “Landlord’s Work”) ). Tenant has the right to hire an architect to work with Landlord to design the Leased Premises, including design features that reduce the Operating Costs for the Office Building. Tenant’s architectural fees will be included in the Premises Tenant Improvement Allowance.
(b) Landlord’s Work will be performed and constructed in accordance with the attached Work Letter a good and all such improvements shall be workmanlike manner and in compliance with all applicable statutes, building codes, governmental rules, regulations and other applicable laws, codes and, if applicable, the Declaration and regulationsany other applicable covenants, conditions and restrictions.
(c) Landlord will use reasonable efforts to complete Landlord’s Work on or before December 1, 2008, subject to any delay caused by the occurrence of an Event of Force Majeure or Tenant’s Delay. If on the date the Landlord shall engage The Richmond Group as delivers the general contractor for Leased Premises to Tenant with Landlord’s Work Substantially Completed, there remain items of construction of finishing work to be completed which do not materially interfere with the performance of the tenant improvements in the Work Letter that are identified with an “X” in the column labeled “Tenant” (the ‘‘Tenant Items”). The items on the Work Letter that are identified with an “X” in the column labeled “Landlord” shall be performed by Landlord at Landlord’s sole cost and expense with contractors chosen at Landlord’s sole and absolute discretion. All costs for the Tenant Items in the Work Letter shall be paid solely with funds from the TI Allowance (defined below). Notwithstanding anything herein to the contraryImprovements, Landlord shall not be required to spend more than the TI Allowance (defined below) for the and Tenant Items and any cost of the portions of Landlord’s Work that are Tenant Items which are in excess of the TI Allowance shall be paid by Tenant. For purposes of this Leasewill, “substantial completion” of Landlord’s Work shall be deemed to occur when the Premises are ready for Tenant’ occupancy except for minor items which do not cause material interference with Tenant’s use and occupancy of the Premises with Landlord having obtained a certificate of occupancy for the Premises. If substantial completion of Landlord’s Work is delayed by a Tenant Delay, then substantial completion shall be deemed to occur on the date on which the Landlord’s Work in the Premises would have been substantially completed but for the occurrence of any Tenant Delay. As used herein, a “Tenant Delay” shall mean each day of delay in the performance of the Landlord’s Work that occurs (a) because of Tenant’s failure to timely deliver or approve any required documentation such as any design or space plans (it being agreed that Tenant shall have a reasonable time to review and comment on any such design or space plan, which reasonable time shall be no less than within five (5) business days)days from the date Landlord delivers the Leased Premises to Tenant with Landlord’s Work Substantially Completed, jointly prepare a written list (bthe “Punchlist”) because of such uncompleted items. Landlord agrees to complete the Punchlist items with all due diligence within thirty (30) days of the preparation of the Punchlist, subject to any delay caused by the occurrence of any change by Event of Force Majeure. Landlord shall not cause or permit any material interference with the performance of Tenant to any design or space plans after the same have been approved as final by Tenant Improvements in writing, or (c) because Tenant or its employees, agents, or contractors otherwise delay connection with completion of the Punchlist items. Landlord’s Work. On or before October 15 2018, TenantWork will be considered substantially completed at such time as (i) Landlord’s architect has correctly certified that Landlord’s Work has been substantially completed in accordance with the general specifications attached hereto and made a part hereof as Exhibit D and (ii) Landlord has delivered the Leased Premises to Tenant for performance of Tenant Improvements (as defined in Article 8.2). At Landlord’s sole expense, Landlord shall deliver all plans, drawings, narratives and other materials required for submission of a TAA to Massport. For avoidance of doubt, Tenant’s failure to cause its architect to delivery such plans by such date shall be a Tenant Delay. In the event Tenant does not spend the entire TI Allowance, all remaining TI Allowance funds shall remain property of Landlord. Tenant shall not be obligated to pay any charge for the use Substantial Completion of the building services Office Building, Common Area (including, but not limited to, parking, freight elevators, loading docks, air handling capacity, utilization of the building chases for ducting purposes, and electricity) during construction of Landlord’s Work or during Tenant’s move into the Premises. The loading dock which may be used by Tenant during the Term shall be identified on a ground floor plan to be attached hereto as Exhibit A-1. Landlord shall provide for Tenant’s exclusive use a generator with an output not to exceed 250kW. Landlord shall contribute an amount not to exceed $50,000 towards the generator costs, which shall include but are not limited to the procurement Parking Area, but excluding the Delayed Common Area Improvements (as hereinafter defined)) and installation of the generator and transfer switch Office Building Common Area (collectively, the “Generator Installation CostsLandlord Project Improvements”), but shall exclude any costs related to any dunnage installation prior to the Building necessary to install the generator (Commencement Date. As used herein, the “Generator Dunnage Costs”)Delayed Common Area Improvements” shall mean landscaping, hardscape and other exterior Landlord’s Work that will not delay Tenant’s occupancy permit or materially adversely affect Tenant’s use or enjoyment of the Leased Premises, Common Area or Office Building Common Area.
(d) If for any reason Landlord has not broken ground and commenced pouring footings for the Office Building by December 15, 2007, then Tenant may terminate this Lease by delivering written notice to that effect to Landlord. The Generator Dunnage Costs However, if Landlord breaks ground and commences pouring the footings for the Office Building within thirty (30) days after receipt of such notice from Tenant, then Landlord shall promptly notify Tenant of the same and the termination notice from Tenant shall be the sole responsibility of Landlord. All Generator Installation Costs in excess of Landlord’s $50,000 contribution, exclusive deemed to be null and void.
(e) If Landlord has not commenced erection of the Generator Dunnage Costssteel structure of the Office Building by May 15, shall be borne by Tenant. In addition2008, then Tenant shall have the rightright to terminate this Lease by delivering written notice to that effect to Landlord. However, if Landlord commences erection of the steel for the Office Building within thirty (30) days after receipt of such notice from Tenant, then Landlord shall promptly notify Tenant of the same and the termination notice from Tenant shall be deemed to be null and void.
(f) Notwithstanding anything to the contrary, Landlord will use reasonable efforts to complete the Delayed Common Area Improvements on or before July 1, 2009, subject to Article 6.2.4, to install HVAC equipment, antennas any delay caused by the occurrence of an Event of Force Majeure or Tenant’s delay. The Delayed Common Area Improvements will be considered substantially completed at such time as the Project architect has correctly certified that said work has been substantially completed in accordance with the general specifications attached hereto and satellite dishes on the roof or other made part of the Building.hereof as Exhibit D.
Appears in 1 contract
Landlord’s Work. Landlord shall perform shall, at Landlord’s sole cost and expense, complete the improvements to the Expansion Premises as shown on the plans and specifications attached hereto as Exhibit B and made a part hereof (the “Landlord’s Work”) in the Premises in accordance with the attached Work Letter good workmanship and materials and all such improvements shall be in compliance with all applicable laws, building codes and regulations. Landlord shall engage The Richmond Group also, at its sole cost and expense (and such expense shall not be included in Operating Expenses), perform maintenance and repairs to the HVAC systems, dock equipment (doors, levelers and dock locks), and facility lighting of the Expansion Premises (the “Repair Work”) to insure that all are in good working order as of the general contractor First Expansion Date for the performance First Expansion Premises and the Second Expansion Date for the Second Expansion Premises. Tenant acknowledges and agrees that (i) Landlord shall not be liable to Tenant for any inconveniences Tenant may experience during the performance, construction or installation of the tenant improvements Landlord’s Work and the Repair Work which are beyond Landlord’s control or for any delays in Landlord’s completion of the Landlord’s Work Letter and the Repair Work (regardless of the length of any such delays); (ii) Landlord shall not be obligated to perform the Landlord’s Work and the Repair Work at any time other than during normal business hours on regular business days; (iii) Tenant shall ensure that are identified neither Tenant, nor any of Tenant’s agents, sublessees, employees, representatives, contractors, subcontractors, suppliers, customers and invitees, interfere with an “X” in or impede the column labeled “Tenant” performance and completion of the Landlord’s Work and the Repair Work (the ‘‘Tenant Items”). The items on the regardless of whether such Landlord’s Work Letter that are identified with an “X” in the column labeled “Landlord” shall be and Repair Work is performed by Landlord or any of Landlord’s agents, employees, contractors, or subcontractors); (iv) Landlord shall have access to the Expansion Premises (and the Existing Premises with reasonable notice during normal business hours) for the purpose of performing the Landlord’s Work and the Repair Work; and (v) Tenant shall reasonably cooperate with Landlord during the performance, construction and installation of the Landlord’s Work and the Repair Work and Tenant shall be responsible, at no cost to Landlord, for the moving of any and all furniture, trade fixtures, equipment and/or personal property that is reasonably necessary for Landlord to complete (or cause the completion of) the Landlord’s Work and the Repair Work. Notwithstanding the foregoing, Landlord and Tenant shall cooperate to schedule a mutually agreeable time for Landlord to perform the Landlord’s Work and the Repair Work in order to minimize disruption to Lessee. Landlord hereby warrants and that the HVAC system serving the Expansion Premises shall be in good working condition for a period of three (3) months following the First Expansion Date. Landlord shall perform any and all maintenance, repairs and replacement of such HVAC system serving the Expansion Premises during such three (3) month period, at Landlord’s sole cost and expense, and such expense with contractors chosen shall not be included in Operating Expenses. Upon termination of the Primary Term of the Existing Premises, Landlord shall, at its sole cost and expense (and such expense shall not be included in Operating Expenses), remove and seal the doors included in the description of Landlord’s sole and absolute discretion. All costs for the Tenant Items in the Work Letter shall be paid solely with funds from the TI Allowance (defined below). Notwithstanding anything herein to the contraryWork, Landlord but shall not be required to spend more than perform any additional demising work to separately demise the TI Allowance (defined below) for Expansion Premises from the Tenant Items and any cost of the portions of Landlord’s Work that are Tenant Items which are in excess of the TI Allowance shall be paid by Tenant. For purposes of this Lease, “substantial completion” of Landlord’s Work shall be deemed to occur when the Premises are ready for Tenant’ occupancy except for minor items which do not cause material interference with Tenant’s use and occupancy of the Premises with Landlord having obtained a certificate of occupancy for the Existing Premises. If substantial completion of Landlord’s Work is delayed by a Tenant Delay, then substantial completion shall be deemed to occur on the date on which the Landlord’s Work in the Premises would have been substantially completed but for the occurrence of any Tenant Delay. As used herein, a “Tenant Delay” shall mean each day of delay in the performance of the Landlord’s Work that occurs (a) because of Tenant’s failure to timely deliver or approve any required documentation such as any design or space plans (it being agreed that Tenant shall have a reasonable time to review and comment on any such design or space plan, which reasonable time shall be no less than five (5) business days), (b) because of any change by Tenant to any design or space plans after the same have been approved as final by Tenant in writing, or (c) because Tenant or its employees, agents, or contractors otherwise delay completion of the Landlord’s Work. On or before October 15 2018, Tenant’s architect shall deliver all plans, drawings, narratives and other materials required for submission of a TAA to Massport. For avoidance of doubt, Tenant’s failure to cause its architect to delivery such plans by such date shall be a Tenant Delay. In the event Tenant does not spend the entire TI Allowance, all remaining TI Allowance funds shall remain property of Landlord. Tenant shall not be obligated to pay any charge for the use of the building services (including, but not limited to, parking, freight elevators, loading docks, air handling capacity, utilization of the building chases for ducting purposes, and electricity) during construction of Landlord’s Work or during Tenant’s move into the Premises. The loading dock which may be used by Tenant during the Term shall be identified on a ground floor plan to be attached hereto as Exhibit A-1. Landlord shall provide for Tenant’s exclusive use a generator with an output not to exceed 250kW. Landlord shall contribute an amount not to exceed $50,000 towards the generator costs, which shall include but are not limited to the procurement and installation of the generator and transfer switch (collectively, the “Generator Installation Costs”), but shall exclude any costs related to any dunnage installation to the Building necessary to install the generator (the “Generator Dunnage Costs”). The Generator Dunnage Costs shall be the sole responsibility of Landlord. All Generator Installation Costs in excess of Landlord’s $50,000 contribution, exclusive of the Generator Dunnage Costs, shall be borne by Tenant. In addition, Tenant shall have the right, subject to Article 6.2.4, to install HVAC equipment, antennas and satellite dishes on the roof or other part of the Building.
Appears in 1 contract
Sources: Lease Agreement (Pfsweb Inc)
Landlord’s Work. Landlord shall perform improvements shall, at Landlord’s sole cost and expense, utilizing Building standard methods, materials, components, and finishes in good and workmanlike manner and in compliance with all Applicable Laws, (i) cause the construction of a Building standard shipping and receiving area on the ground floor of the Building in the location shown on Schedule 1 attached hereto, (ii) install a new Building standard freight elevator to serve the Building, and (iii) provided that Tenant continues to utilize existing entrances for required means of egress from the Building, Landlord will be responsible for making modifications to the exterior of the Building, the existing Building entrances, and all exterior Common Areas (including required striping and handicapped spaces in the parking areas) as required to cause such areas to be in compliance with ADA and parking requirements, to the extent required to allow the legal occupancy of the Premises as proven by procurement of necessary approvals from the City of South San Francisco (collectively, the “Landlord’s Work”) in the Premises in accordance with the attached Work Letter and all such improvements shall be in compliance with all applicable laws, codes and regulations). Landlord shall engage The Richmond Group as utilize commercially reasonable efforts to perform the general contractor for the performance of the tenant improvements in the Work Letter that are identified with an “X” in the column labeled “Tenant” (the ‘‘Tenant Items”). The items on the Work Letter that are identified with an “X” in the column labeled “Landlord” shall be performed by Landlord at Landlord’s sole cost and expense with contractors chosen at Landlord’s sole and absolute discretion. All costs for the Tenant Items in the Work Letter shall be paid solely with funds from the TI Allowance (defined below). Notwithstanding anything herein to the contrary, Landlord shall not be required to spend more than the TI Allowance (defined below) for the Tenant Items and any cost of the portions of Landlord’s Work that are as soon as reasonably practicable, although Tenant Items which are in excess acknowledges some portions of the TI Allowance shall be paid by Tenant. For purposes of this Lease, “substantial completion” of Landlord’s Work shall not be deemed completed prior to occur when the Premises are ready for Tenant’ occupancy except for minor items which do not Rent Commencement Date. Tenant hereby acknowledges that Landlord may perform all or portions of such Landlord’s Work concurrently with the construction of the Tenant Improvements by Tenant and during the Lease Term, and Landlord and Tenant shall cooperate (and shall cause their respective contractors, subcontractors and agents to cooperate) with each other in good faith in order that the work being performed by each party may be completed without material interference with the completion of the work being completed by the other party and without increase in cost to the other party. Tenant hereby acknowledges that Landlord shall be permitted to perform the Landlord’s Work during Tenant’s use and occupancy of the Premises. Notwithstanding such occupancy of the Premises with Landlord having obtained a certificate of occupancy for the Premises. If substantial completion of Landlord’s Work is delayed by a Tenant Delay, then substantial completion shall be deemed to occur on the date on which the Landlord’s Work in the Premises would have been substantially completed but for the occurrence of any Tenant Delay. As used herein, a “Tenant Delay” shall mean each day of delay in during the performance of the Landlord’s Work that occurs (a) because of Tenant’s failure to timely deliver or approve any required documentation such as any design or space plans (it being agreed that Tenant shall have a reasonable time to review and comment on any such design or space planWork, which reasonable time Landlord shall be no less than five (5) business days), (b) because of any change by Tenant permitted to any design or space plans after the same have been approved as final by Tenant in writing, or (c) because Tenant or its employees, agents, or contractors otherwise delay completion of perform the Landlord’s Work. On or before October 15 2018Work during normal business hours, Tenant’s architect shall deliver all plans, drawings, narratives and other materials required for submission of a TAA to Massport. For avoidance of doubt, Tenant’s failure to cause its architect to delivery such plans by such date shall be a Tenant Delay. In the event Tenant does not spend the entire TI Allowance, all remaining TI Allowance funds shall remain property of Landlord. Tenant shall not be obligated to pay any charge provide a clear working area for the use of the building services such work, if necessary (including, but not limited to, parkingthe moving of furniture, freight elevatorsfixtures and Tenant’s property away from the area in which Landlord is performing the Landlord’s Work). Further, loading docks, air handling capacity, utilization Tenant shall cooperate with all reasonable Landlord requests made in connection with or related to Landlord’s completion of the building chases Landlord’s Work. Tenant hereby agrees that the performance of the Landlord’s Work in the Premises shall in no way constitute a constructive eviction of Tenant nor entitle Tenant to any abatement of rent. Landlord shall have no responsibility or for ducting purposesany reason be liable to Tenant for any direct or indirect injury to or interference with Tenant’s business arising from the Landlord’s Work, and electricity) during construction nor shall Tenant be entitled to any compensation or damages from Landlord for loss of use of the whole or any part of the Premises or of Tenant’s personal property or improvements resulting from the Landlord’s Work or during TenantLandlord’s move into actions (or the Premises. The loading dock which may be used actions of Landlord’s contractors, employees and/or agents) in connection with the Landlord’s Work, or for any inconvenience or annoyance occasioned by Tenant during the Term shall be identified on a ground floor plan Landlord’s Work or Landlord’s actions (or the actions of Landlord’s contractors, employees and/or agents) in connection with the Landlord’s Work, subject to be attached hereto as Exhibit A-1the terms of Section 19.5.2 above. Landlord shall provide for use commercially reasonable efforts to perform the Landlord’s Work in a manner designed to minimize interference with Tenant’s exclusive use a generator with an output not normal business operations in the Premises, and in connection therewith, construction activities that are reasonably anticipated to exceed 250kW. Landlord shall contribute an amount not be disruptive to exceed $50,000 towards the generator costsTenant are to be conducted after normal business hours. Such activities to be performed after normal business hours include, which shall include but are not limited to the procurement to: shooting drywall screwing, hammering, loud cutting, painting, staining, sanding, welding and installation of the generator and transfer switch (collectivelysoldering. EXHIBIT B -1- Britannia Pointe Grand Limited Partnership [Britannia Pointe Grand Business Park] [Allogene Therapeutics, the “Generator Installation Costs”), but shall exclude any costs related to any dunnage installation to the Building necessary to install the generator (the “Generator Dunnage Costs”). The Generator Dunnage Costs shall be the sole responsibility of Landlord. All Generator Installation Costs in excess of Landlord’s $50,000 contribution, exclusive of the Generator Dunnage Costs, shall be borne by Tenant. In addition, Tenant shall have the right, subject to Article 6.2.4, to install HVAC equipment, antennas and satellite dishes on the roof or other part of the Building.Inc.]
Appears in 1 contract
Sources: Lease (Allogene Therapeutics, Inc.)
Landlord’s Work. (a) Landlord shall perform improvements will commence the performance of items 4 through 8 of Landlord's Work (the “Landlord’s "Post-Delivery Work”") reasonably promptly following the Commencement Date and, subject to Tenant's compliance with the provisions of this Section 4.3, will complete the Post-Delivery Work in a good and workmanlike manner consistent with the standards applicable to the Building. Landlord and its employees, contractors and agents shall have access to the Premises in accordance with the attached Work Letter and at all such improvements shall be in compliance with all applicable laws, codes and regulations. Landlord shall engage The Richmond Group as the general contractor reasonable times for the performance of the tenant improvements in the Post-Delivery Work Letter that are identified with an “X” in the column labeled “Tenant” (the ‘‘Tenant Items”). The items on the Work Letter that are identified with an “X” in the column labeled “Landlord” shall be performed by Landlord at Landlord’s sole cost and expense with contractors chosen at Landlord’s sole and absolute discretion. All costs for the storage of materials reasonably required in connection therewith, and Tenant Items in will use all commercially reasonable efforts to avoid any interference with the Work Letter shall be paid solely with funds from performance of the TI Allowance (defined below)Post-Delivery Work. Notwithstanding anything herein to the contrary, Landlord shall not be required use reasonable efforts to spend more than the TI Allowance (defined below) for the Tenant Items and any cost of the portions of Landlord’s Work that are Tenant Items which are in excess of the TI Allowance shall be paid by Tenant. For purposes of this Lease, “substantial completion” of Landlord’s Work shall be deemed to occur when the Premises are ready for Tenant’ occupancy except for minor items which do not cause material minimize interference with Tenant’s 's use and occupancy of the Premises with Landlord having obtained a certificate of occupancy for the Premises. If substantial completion of Landlord’s Work is delayed by a Tenant Delay, then substantial completion shall be deemed to occur on the date on which the Landlord’s Work in the Premises would have been substantially completed but for the occurrence of any Tenant Delay. As used herein, a “Tenant Delay” shall mean each day of delay in during the performance of the Landlord’s Work Post-Delivery Work, provided that occurs (a) because of Tenant’s failure to timely deliver or approve any required documentation such as any design or space plans (it being agreed that Tenant Landlord shall have a reasonable time no obligation to review and comment on employ contractors or labor at overtime or other premium pay rates or to incur any such design other overtime costs or space plan, which reasonable time additional expenses whatsoever. There shall be no less than five (5) Rent abatement or allowance to Tenant for a diminution of rental value, no actual or constructive eviction of Tenant, in whole or in part, no relief from any of Tenant's other obligations under this Lease, and no liability on the part of Landlord, by reason of inconvenience, annoyance or injury to business days), arising from the performance of the Post- Delivery Work or the storage of any materials in connection therewith.
(b) because Landlord agrees to use reasonable efforts to Substantially Complete (i) the replacement of the exterior windows in the Premises on or before September 15, 2000 and (ii) the other Post-Delivery Work as soon as reasonably practicable after Landlord obtains vacant possession of the Premises, subject, in either case, to extension due to Unavoidable Delays and/or the number of days during which any change by tenant occupying the Premises on the date hereof holds over and, in the case of the window replacement work, the second sentence of item 8 of Exhibit C. If Landlord fails to Substantially Complete such window replacement work on or before September 15, 2000 (as such date may be extended as provided above) and such other Post-Delivery Work as soon as reasonably practicable after Landlord obtains possession of the Premises (as extended as provided above), then, as Tenant's sole and exclusive remedy therefor, to the extent that Tenant is actually delayed in the Substantial Completion of the Initial Installations or in the occupancy of the Premises as a consequence of such Post-Delivery Work not being Substantially Completed, except to any design the extent such delay is attributable to the negligence or space plans after the same have been approved as final by Tenant in writing, or (c) because willful misconduct of Tenant or its employees, agents, or contractors otherwise delay completion Tenant's breach of the Landlord’s Work. On or before October 15 2018terms of this Lease, Tenant’s architect shall deliver all plans, drawings, narratives and other materials required for submission of a TAA to Massport. For avoidance of doubt, Tenant’s failure to cause its architect to delivery such plans by such date the Rent Commencement Date shall be a Tenant Delay. In postponed by one day for each day of such delay (without duplication if more than one item of Post-Delivery Work is not Substantially Completed) in the event Tenant does not spend the entire TI Allowance, all remaining TI Allowance funds shall remain property of Landlord. Tenant shall not be obligated to pay any charge for the use Substantial Completion of the building services (including, but not limited to, parking, freight elevators, loading docks, air handling capacity, utilization of the building chases for ducting purposes, and electricity) during construction of Landlord’s Work or during Tenant’s move into the Premises. The loading dock which may be used by Tenant during the Term shall be identified on a ground floor plan to be attached hereto as Exhibit A-1. Landlord shall provide for Tenant’s exclusive use a generator with an output not to exceed 250kW. Landlord shall contribute an amount not to exceed $50,000 towards the generator costs, which shall include but are not limited to the procurement and installation of the generator and transfer switch (collectively, the “Generator Installation Costs”), but shall exclude any costs related to any dunnage installation to the Building necessary to install the generator (the “Generator Dunnage Costs”). The Generator Dunnage Costs shall be the sole responsibility of Landlord. All Generator Installation Costs in excess of Landlord’s $50,000 contribution, exclusive of the Generator Dunnage Costs, shall be borne by Tenant. In addition, Tenant shall have the right, subject to Article 6.2.4, to install HVAC equipment, antennas and satellite dishes on the roof or other part of the BuildingPost-Delivery Work.
Appears in 1 contract
Sources: Lease (Greenhill & Co Inc)
Landlord’s Work. On or before March 31, 2025 (the “Target Completion Date”), subject to Force Majeure and any Tenant Delay (as hereinafter defined), Landlord shall perform improvements (or cause to be performed by a general contractor selected by ▇▇▇▇▇▇▇▇) the work set forth on Schedule 1 hereto (the “Landlord’s Work”). Landlord shall use commercially reasonable efforts to cause Landlord’s Work to be Substantially Completed (as defined herein) on or before the Target Completion Date; provided, however, that Landlord shall have no liability whatsoever to Tenant in the Premises event that Landlord shall fail for any reason whatsoever to cause Landlord’s Work to be Substantially Completed by the Target Completion Date nor shall this Lease become void or voidable in accordance with the attached such event. Landlord covenants and represents that ▇▇▇▇▇▇▇▇’s Work Letter and all such improvements shall be completed in a good and workmanlike manner and in compliance with all applicable laws, codes using Building-standard materials and regulationsfinishes. Landlord shall engage The Richmond Group as the general contractor for the performance of the tenant improvements in the Work Letter that are identified with an “X” in the column labeled “Tenant” (the ‘‘Tenant Items”). The items on the Work Letter that are identified with an “X” in the column labeled “Landlord” shall be performed by Landlord at Landlord’s sole cost and expense with contractors chosen at Landlord’s sole and absolute discretion. All costs for the Tenant Items in the Work Letter shall be paid solely with funds from the TI Allowance (defined below). Notwithstanding anything herein to the contrary, Landlord shall not be required to spend more than the TI Allowance (defined below) for the Tenant Items and any cost of the portions of Landlord’s Work that are Tenant Items which are in excess of the TI Allowance shall be paid by Tenant. For purposes of this Lease, “substantial completion” of Landlord’s Work shall be deemed to occur have been “Substantially Completed” when the Premises are ready for Tenant’ occupancy except for in substantial accordance with the scope of work set forth in Schedule 1 hereto (as reasonably determined by Landlord), even though minor details of construction, decoration, and mechanical adjustments remain to be completed by Landlord. The date as of which ▇▇▇▇▇▇▇▇’s Work has been Substantially Completed is referred to herein as the “Substantial Completion Date.” Landlord shall have no obligation to perform any work not shown or described on Schedule 1. Landlord shall complete any punch-list items which do not cause material interference with Tenant’s use and occupancy that remain to be performed by Landlord, if any, within thirty (30) days after the Substantial Completion Date. Tenant shall notify Landlord within thirty (30) days of the Substantial Completion Date of any portion of Landlord’s Work, including punch-list items, that remains incomplete or any manner in which the Premises with is not in the condition required pursuant to this Work Letter. Except as identified in any such notice from Tenant to Landlord, Tenant shall have no right to make any claim that Landlord having obtained a certificate of occupancy for the Premises. If substantial completion has failed to perform any of Landlord’s Work is delayed by a Tenant Delayfully, then substantial completion shall be deemed properly and in accordance with the terms of this Lease or to occur on the date on which the Landlord’s Work in the Premises would have been substantially completed but for the occurrence of require Landlord to perform any Tenant Delay. As used herein, a “Tenant Delay” shall mean each day of delay in the performance of the Landlord’s Work that occurs (a) because of Tenant’s failure to timely deliver or approve any required documentation such as any design or space plans (it being agreed that Tenant shall have a reasonable time to review and comment on any such design or space plan, which reasonable time shall be no less than five (5) business days), (b) because of any change by Tenant to any design or space plans after the same have been approved as final by Tenant in writing, or (c) because Tenant or its employees, agents, or contractors otherwise delay completion of the further Landlord’s Work. On or before October 15 2018, Tenant’s architect shall deliver all plans, drawings, narratives and other materials required for submission of a TAA to Massport. For avoidance of doubt, Tenant’s failure to cause its architect to delivery such plans by such date shall be a Tenant Delay. In the event Tenant does not spend the entire TI Allowance, all remaining TI Allowance funds shall remain property of Landlord. Tenant shall not be obligated to pay any charge for the use of the building services (including, but not limited to, parking, freight elevators, loading docks, air handling capacity, utilization of the building chases for ducting purposes, and electricity) during construction of Landlord’s Work or during Tenant’s move into the Premises. The loading dock which may be used by Tenant during the Term shall be identified on a ground floor plan to be attached hereto as Exhibit A-1. Landlord shall provide for Tenant’s exclusive use a generator with an output not to exceed 250kW. Landlord shall contribute an amount not to exceed $50,000 towards the generator costs, which shall include but are not limited to the procurement and installation of the generator and transfer switch (collectively, the “Generator Installation Costs”), but shall exclude any costs related to any dunnage installation to the Building necessary to install the generator (the “Generator Dunnage Costs”). The Generator Dunnage Costs shall be the sole responsibility of Landlord. All Generator Installation Costs in excess of Landlord’s $50,000 contribution, exclusive of the Generator Dunnage Costs, shall be borne by Tenant. In addition, Tenant shall have the right, subject to Article 6.2.4, to install HVAC equipment, antennas and satellite dishes on the roof or other part of the Building.
Appears in 1 contract
Landlord’s Work. Landlord shall perform improvements (the “Landlord’s Work”) in the Premises in accordance with the attached Work Letter and all such improvements shall be in compliance with all applicable laws, codes and regulations. Landlord shall engage The Richmond Group as the general contractor for the performance of the tenant improvements in the Work Letter that are identified with an “X” in the column labeled “Tenant” (the ‘‘Tenant Items”). The items on the Work Letter that are identified with an “X” in the column labeled “Landlord” shall cause to be performed by Landlord at Landlord’s 's sole cost and expense with contractors chosen at Landlord’s sole and absolute discretionthe work required by Exhibit B ("LANDLORD'S WORK") to be substantially complete prior to the Commencement Date. All costs for the Tenant Items in the Work Letter such work shall be paid solely with funds from the TI Allowance (defined below)done in a good and workmanlike manner employing building standard methods and materials, and so as to conform to all applicable building and zoning laws. Notwithstanding anything herein to the contraryTenant agrees that Landlord may make any immaterial changes in such work which may become reasonably necessary or advisable, Landlord shall not be required to spend more than the TI Allowance (defined below) for the Tenant Items and any cost of the portions of Landlord’s Work that are Tenant Items which are in excess of the TI Allowance shall be paid by Tenant. For purposes of this Lease, “substantial completion” of Landlord’s Work shall be deemed to occur when the Premises are ready for Tenant’ occupancy except for minor items which do not cause material interference with Tenant’s use and occupancy of the Premises with Landlord having obtained a certificate of occupancy for the Premises. If substantial completion of Landlord’s Work is delayed by a Tenant Delay, then substantial completion shall be deemed to occur on the date on which the Landlord’s Work in the Premises would have been substantially completed but for the occurrence of any Tenant Delay. As used herein, a “Tenant Delay” shall mean each day of delay in the performance of the Landlord’s Work that occurs (a) because without approval of Tenant’s failure to timely deliver ; and Landlord may make material changes in such work but only with the prior approval of Tenant or approve if required by any required documentation such as any design applicable law or space plans (it being agreed that regulation. Tenant shall have a reasonable time agrees to review and comment on any such design approve or space plan, disapprove plans or specifications or proposed changes to Landlord Work for which reasonable time shall be no less than Tenant's approval is required within five (5) business days)days of submittal to Tenant. If Tenant does not so respond, (b) such plans or specifications shall be deemed approved. The term "substantially complete," as used herein, shall mean that Landlord's Work to be performed pursuant to Exhibit B has been completed with the exception of minor items which can be fully completed without material interference with Tenant's use and occupancy and other items which because of any change by the season or weather or the nature of the item are not practicable to do at the time, provided that none of said items is necessary to make the Premises tenantable for the Permitted Uses. Tenant to any design or space plans after opening for business and operating in the same have been approved as final by Tenant in writing, or (c) because Tenant or its employees, agents, or contractors otherwise delay Premises shall be deemed conclusive evidence of substantial completion of the Landlord’s 's Work. On A certificate of completion by a licensed architect or before October 15 2018, Tenant’s architect shall deliver all plans, drawings, narratives and other materials required for submission of a TAA to Massport. For avoidance of doubt, Tenant’s failure to cause its architect to delivery such plans by such date professional engineer shall be a Tenant Delayconclusive evidence that Landlord's Work has been substantially completed. In the event that Landlord's Work has not been substantially completed on or before the Commencement Date for causes other than Tenant's Delay (hereinafter defined), Tenant's obligation to pay Basic Rent and/or Tenant's Electrical Charge shall be abated until Landlord's Work is substantially complete. In the event that Landlord's Work is not substantially complete for reasons other than Force Majeure on or before August 1, 2005, Tenant does not spend the entire TI Allowancemay, all remaining TI Allowance funds shall remain property as its sole remedy, by notice to Landlord given prior to substantial completion of Landlord's Work, and in any event prior to August 31, 2005, terminate this Lease, whereupon Landlord shall return the Security Deposit, and neither party shall have any further obligation to the other hereunder. Tenant shall, within two (2) business days of request thereof, respond to any request of Landlord, Landlord's architect or engineer for information in connection with Landlord's Work. Any change orders, modifications, and/or amendments proposed by Tenant to the Landlord's Work shall be prepared by the Landlord and shall be submitted to Tenant for its prior approval, which approval will not be unreasonably withheld, conditioned or delayed. Tenant shall not be obligated respond promptly after receipt thereof and shall approve or disapprove the same within two (2) business days after receipt. Tenant shall pay to pay any charge for the use of the building services (includingLandlord all costs and expenses resulting from change orders, but not limited to, parking, freight elevators, loading docks, air handling capacity, utilization of the building chases for ducting purposes, and electricity) during construction of Landlord’s Work or during Tenant’s move into the Premises. The loading dock which may be used modifications and/or amendments requested by Tenant during the Term shall be identified on a ground floor plan and agreed to be attached hereto as Exhibit A-1. by Landlord shall provide within fifteen (15) days of receipt of an invoice for Tenant’s exclusive use a generator with an output not to exceed 250kW. Landlord shall contribute an amount not to exceed $50,000 towards the generator such costs, which shall include but are not limited to the procurement and installation of the generator and transfer switch (collectively, the “Generator Installation Costs”), but shall exclude any costs related to any dunnage installation to the Building necessary to install the generator (the “Generator Dunnage Costs”). The Generator Dunnage Costs shall be the sole responsibility of Landlord. All Generator Installation Costs in excess of Landlord’s $50,000 contribution, exclusive of the Generator Dunnage Costs, shall be borne by Tenant. In addition, Tenant shall have the right, subject to Article 6.2.4, to install HVAC equipment, antennas and satellite dishes on the roof or other part of the Building.
Appears in 1 contract
Sources: Lease Agreement (Moldflow Corp)
Landlord’s Work. (a) Provided that Tenant is not in default under any of the terms and conditions of the Lease, Landlord shall shall, within a reasonable period of time after the date hereof, perform improvements the work to the Demised Premises as set forth on Exhibit A attached hereto and made a part hereof (the “"Landlord’s 's Work”) in the Premises in accordance with the attached Work Letter and all such improvements shall be in compliance with all applicable laws, codes and regulations"). Landlord shall engage The Richmond Group as the general contractor be responsible for the performance cost of Landlord's Work up to the tenant improvements in sum of Thirteen Thousand, Two Hundred Twenty-Eight and 00/100 ($13,228.00) Dollars, with all additional cost, if any, to be borne by Tenant as set forth herein. Conversely, if the cost of Landlord's Work Letter is less than $13,228.00, Tenant shall not be entitled to any portion of such excess monies. Tenant shall pay the additional cost of Landlord's Work, as initially determined by Landlord, prior to and as a condition of Landlord's commencement of Landlord's Work. In the event that are identified with the additional cost, as finally determined, exceeds the amount initially determined by Landlord prior to commencing Landlord's Work, Tenant shall remit to Landlord the full amount of such excess sum within twenty (20) days after receipt of an “X” in the column labeled “Tenant” (the ‘‘Tenant Items”)invoice therefor. The items on additional cost of Landlord's Work shall constitute additional rent under the Lease.
(b) Tenant acknowledges that Landlord's Work Letter that are identified with an “X” in the column labeled “Landlord” shall will be performed by Landlord at Landlord’s sole cost and expense with contractors chosen at Landlord’s sole and absolute discretion. All costs for the while Tenant Items in the Work Letter shall be paid solely with funds is conducting business from the TI Allowance Demised Premises and could materially, adversely interfere with the conduct of Tenant's business. Accordingly, Tenant expressly agrees that (defined below). Notwithstanding anything herein to the contrary, i) Landlord shall not be required to spend more than the TI Allowance (defined below) liable in any way for the Tenant Items and any cost injury, loss or damage as a result of the portions performance of Landlord’s 's Work, and (ii) the performance of Landlord's Work that are shall not entitle Tenant Items which are in excess to any abatement of rent. In amplification of the TI Allowance shall be paid by Tenant. For purposes of this Leaseforegoing, “substantial completion” and not in limitation thereof, Tenant expressly waives any right it might otherwise have to claim that the performance of Landlord’s 's Work constitutes a constructive eviction, even if Tenant must temporarily interrupt its business in the Demised Premises in order to accommodate Landlord's construction schedule.
(c) Tenant agrees that it shall be deemed cooperate with all reasonable requests of Landlord (by way of example and not in limitation thereof, moving furniture, safeguarding files, and not performing any Tenant work that could interfere with Landlord's Work) in order to occur when facilitate the Premises are ready for Tenant’ occupancy except for minor items which do not cause material interference with Tenant’s completion of Landlord's Work. Landlord agrees to use and occupancy good faith efforts to complete Landlord's Work within a reasonable period of time after the Premises with Landlord having obtained a certificate of occupancy for date hereof, subject to force majeure. However, if the Premises. If substantial completion of Landlord’s 's Work is delayed due to (i) any act or omission of Tenant or Tenant's agents, contractors, employees or invitees, or (ii) any failure by a Tenant Delayor Tenant's agents, contractors, employees or invitees to comply with any requirements of Landlord's construction schedule, or (iii) any failure by Tenant or Tenant's agents, contractors, employees or invitees to cooperate with Landlord or Landlord's agents, then substantial completion any such delay shall be deemed constitute "Tenant Delay(s)." Landlord shall have no liability for any failure to occur on substantially complete Landlord's Work within a reasonable period of time after the date on which the Landlord’s Work in the Premises would have been substantially completed but for the occurrence of any Tenant Delay. As used herein, a “Tenant Delay” shall mean each day of delay in hereof if the performance of the Landlord’s 's Work that occurs (a) because is in any way hindered or prevented as a result of Tenant’s failure to timely deliver or approve any required documentation such as any design or space plans (it being agreed that Tenant shall have a reasonable time to review and comment on any such design or space plan, which reasonable time shall be no less than five (5) business days), (b) because of any change by Tenant to any design or space plans after the same have been approved as final by Tenant in writing, or (c) because Tenant or its employees, agents, or contractors otherwise delay completion of the Landlord’s Work. On or before October 15 2018, Tenant’s architect shall deliver all plans, drawings, narratives and other materials required for submission of a TAA to Massport. For avoidance of doubt, Tenant’s failure to cause its architect to delivery such plans by such date shall be a Tenant Delay. In .
(d) All costs and expenses incurred by Landlord in connection with Landlord's Work shall immediately become due and payable upon a default under the event Tenant does not spend the entire TI Allowance, all remaining TI Allowance funds shall remain property of Landlord. Tenant shall not be obligated to pay any charge for the use of the building services (including, but not limited to, parking, freight elevators, loading docks, air handling capacity, utilization of the building chases for ducting purposes, and electricity) during construction of Landlord’s Work or during Tenant’s move into the Premises. The loading dock which may be used by Tenant during the Term shall be identified on a ground floor plan to be attached hereto as Exhibit A-1. Landlord shall provide for Tenant’s exclusive use a generator with an output not to exceed 250kW. Landlord shall contribute an amount not to exceed $50,000 towards the generator costs, which shall include but are not limited to the procurement and installation of the generator and transfer switch (collectively, the “Generator Installation Costs”), but shall exclude any costs related to any dunnage installation to the Building necessary to install the generator (the “Generator Dunnage Costs”). The Generator Dunnage Costs shall be the sole responsibility of Landlord. All Generator Installation Costs in excess of Landlord’s $50,000 contribution, exclusive of the Generator Dunnage Costs, shall be borne by Tenant. In addition, Tenant shall have the right, subject to Article 6.2.4, to install HVAC equipment, antennas and satellite dishes on the roof or other part of the BuildingLease.
Appears in 1 contract
Landlord’s Work. Landlord shall perform improvements cause the following work ("Landlord's Work") to be performed:
(a) Install two (2) empty conduits leading from the “Landlord’s Work”first floor of the Building to the third floor.
(b) in Increase the switchboard serving the Premises in accordance from 1200 ampere service to 1600 amperes; remove all 200 ampere meters, and replace one meter section at 800 amperes to 1000 amperes. (Tenant acknowledges that this portion of Landlord's Work will require a shut down of electrical power over a weekend, and Tenant agrees to coordinate and cooperate with the attached Work Letter and all Landlord to permit such improvements shall be in compliance with all applicable laws, codes and regulations. Landlord shall engage The Richmond Group as the general contractor for the performance of the tenant improvements in the Work Letter that are identified with an “X” in the column labeled “Tenant” (the ‘‘Tenant Items”). The items on the Work Letter that are identified with an “X” in the column labeled “Landlord” shall work to be performed in a timely manner. Tenant further agrees that, if required by Landlord at Landlord’s sole cost and expense with contractors chosen at Landlord’s sole and absolute discretion. All costs the expiration or earlier termination of the Term of the Lease, Tenant shall remove the single meter for the Tenant Items in Building to be installed by Landlord pursuant to this subsection and replace it with one (1) meter serving the Work Letter shall be paid solely with funds from the TI Allowance (defined below). Notwithstanding anything herein to the contrary, Landlord shall not be required to spend more than the TI Allowance (defined below) for the Tenant Items and any cost rentable area of each floor of the portions of Landlord’s Work that are Tenant Items which are in excess of the TI Allowance shall be paid by Tenant. For purposes of this Lease, “substantial completion” of Landlord’s Work shall be deemed to occur when the Premises are ready for Tenant’ occupancy except for minor items which do not cause material interference with Tenant’s use Building and occupancy of the Premises with Landlord having obtained a certificate of occupancy for the Premises. If substantial completion of Landlord’s Work is delayed by a Tenant Delay, then substantial completion shall be deemed to occur on the date on which the Landlord’s Work in the Premises would have been substantially completed but for the occurrence of any Tenant Delay. As used herein, a “Tenant Delay” shall mean each day of delay in the performance of the Landlord’s Work that occurs (a) because of Tenant’s failure to timely deliver or approve any required documentation such as any design or space plans (it being agreed that Tenant shall have a reasonable time to review all necessary wiring and comment on any such design or space plan, which reasonable time shall be no less than five (5) business daysappurtenances), (b) because of any change by Tenant to any design or space plans after the same have been approved as final by Tenant in writing, or .
(c) because Tenant or its employeesConstruct an exterior concrete loading platform at grade level and a pair of metal doors, agentsmeasuring 3' X 8'10" each, or contractors otherwise delay completion with a metal frame at the north end of the Landlord’s Work. On or before October 15 2018, Tenant’s architect shall deliver all plans, drawings, narratives and other materials required for submission of a TAA to Massport. For avoidance of doubt, Tenant’s failure to cause its architect to delivery such plans by such date shall be a Tenant Delay. In Building in the event Tenant does not spend location shown on the entire TI Allowance, all remaining TI Allowance funds shall remain property of Landlord. Tenant shall not be obligated to pay any charge for the use of the building services (including, but not limited to, parking, freight elevators, loading docks, air handling capacity, utilization of the building chases for ducting purposes, and electricity) during construction of Landlord’s Work or during Tenant’s move into the Premises. The loading dock which may be used by Tenant during the Term shall be identified on a ground floor plan to be attached hereto as Exhibit A-1A. Tenant will supply and install any required lift. Landlord will construct the required canopy and pit in which such lift will be located provided such requirements are substantially similar to the requirements for the Autogrip PLT-C lift which Tenant currently proposes to use. Landlord shall provide obtain all required permits and approvals for Tenant’s exclusive use a generator with an output not to exceed 250kW. Landlord' Work. Landlord shall contribute an amount not complete Landlord's Work within the later to exceed $50,000 towards the generator costs, occur of one hundred twenty (120) days of execution of this Second Amendment or one hundred twenty (120) days following issuance of any governmental permit or approval required for Landlord's Work (which shall include but are not limited permits and approvals Landlord agrees to the procurement promptly apply for and installation of the generator and transfer switch (collectively, the “Generator Installation Costs”to thereafter diligently pursue issuance thereof), but shall exclude any costs related to any dunnage installation to the Building necessary to install the generator (the “Generator Dunnage Costs”). The Generator Dunnage Costs shall be the sole responsibility of Landlord. All Generator Installation Costs in excess of Landlord’s $50,000 contribution, exclusive of the Generator Dunnage Costs, shall be borne by Tenant. In addition, Tenant shall have the right, subject to Article 6.2.4delays caused by unseasonable weather, failure by Tenant to install HVAC timely furnish plans or to timely respond to Landlord's request for a determination relating to a construction matter or to timely furnish other information, shortages of materials, any acts or negligent omissions of Tenant or its agents or employees, unavailability or delays in delivery of specialty equipment, antennas and satellite dishes on the roof strikes or other part matters not in the reasonable control of Landlord, and subject to an extension equal to the Building.period of delay if the municipal authorities do not inspect the same as required for approval within two (2) business days of request. Subject to the foregoing, if Landlord's Work is not substantially complete within the time hereinabove set forth, Base Rent shall partially ▇▇▇▇▇ in an amount equal to $500.00 per day until Landlord's Work is substantially complete (i.e., sufficiently complete to be lawfully used for its intended purpose, subject to completion of punchlist items)
Appears in 1 contract
Landlord’s Work. Attached hereto as Exhibit B-2 are a floor plan of the Premises approved by Landlord and Tenant entitled “Fit Plan June 5, 2013 AMAG Pharmaceuticals” (“Floor Plan”) and a Turn-Key Matrix entitled “AMAG Pharmaceuticals ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇ Delineation of Turnkey Work vs. Tenant Work” dated June 6, 2013 (“Turn-Key Matrix”). Landlord shall promptly prepare and deliver to Tenant for review working drawings based on the Floor Plan and Turn-Key Matrix (“Proposed Plans”). Tenant shall either approve the Proposed Plans or deliver any requested changes to the Proposed Plans to Landlord not later than three (3) business days following Tenant’s receipt of the Proposed Plans. Any changes or items of work requested by Tenant and not shown on the Floor Plan or referenced in Turn-Key Matrix shall be deemed to be Change Proposal(s) (as defined below) and shall be subject to the terms and provisions of subsection (2) below. If for any reason Landlord does not receive Tenant’s requested changes to the Proposed Plans within such 3-business day period, each day thereafter that Landlord does not receive Tenant’s approval of the Proposed Plans or Tenant’s requested changes thereto shall constitute one day of Tenant Delay. To the extent Landlord approves Tenant’s requested changes (such approval by Landlord not to be unreasonably withheld; however, Landlord’s determination of matters relating to structural matters and aesthetic issues relating to alterations or changes which are visible outside the Premises shall be in Landlord’s sole discretion), Landlord shall prepare and deliver a Landlord’s Change Order Response (as defined in subsection (2) below) in accordance with the provisions of subsection (2) below and Tenant shall either approve or disapprove the Landlord’s Change Order Response not later than three (3) business days following Tenant’s receipt of the same. If for any reason Landlord does not receive Tenant’s approval or disapproval of the Landlord’s Change Order Request within such 3-business day period, each day thereafter that Landlord does not receive Tenant’s approval or disapproval of the Landlord’s Change Order Request shall constitute one day of Tenant Delay. If Tenant approves Landlord’s Change Order Response, Landlord shall revise the Proposed Plans accordingly and resubmit the same to Tenant for approval, which approval shall not be unreasonably withheld, conditioned or delayed and given or withheld not later than three (3) business days following Tenant’s receipt of the revised Proposed Plans. If for any reason Landlord does not receive such approval or disapproval of the revised Proposed Plans shall constitute one day of Tenant Delay. Such process shall be followed until the Proposed Plans shall have been approved by Landlord and Tenant. The Proposed Plans, so approved by Landlord and Tenant, shall be referred to herein as the “Plans” and deemed incorporated herein by reference. Landlord shall perform improvements the work shown on the Plans (the “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. Subject to Force Majeure and Tenant Delays, Landlord shall diligently perform Landlord’s Work in the Premises in accordance with the attached Work Letter a good and all such improvements shall be workmanlike manner in compliance with the final approved Plans and all applicable lawsLegal Requirements, codes and regulations. Landlord shall engage The Richmond Group as the general contractor for the performance of the tenant improvements in the Work Letter that are identified with an “X” in the column labeled “Tenant” (the ‘‘Tenant Items”). The items on the Work Letter that are identified with an “X” in the column labeled “Landlord” shall be performed by Landlord at Landlord’s sole cost and expense with contractors chosen at Landlord’s sole and absolute discretion. All costs for the Tenant Items in the Work Letter shall be paid solely with funds from the TI Allowance (defined below). Notwithstanding anything herein to the contraryexpense, Landlord shall not be required to spend more than the TI Allowance (defined below) for the Tenant Items and any cost of the portions of Landlord’s Work that are Tenant Items which are in excess of the TI Allowance shall be paid by Tenant. For purposes of this Lease, “substantial completion” of Landlord’s Work shall be deemed to occur when the Premises are ready for Tenant’ occupancy except for minor items which do not cause material interference with Tenant’s use and occupancy of the Premises with Landlord having obtained a certificate of occupancy for the Premises. If substantial completion of Landlord’s Work is delayed by a Tenant Delay, then substantial completion shall be deemed to occur on the date on which the Landlord’s Work in the Premises would have been substantially completed but for the occurrence of any Tenant Delay. As used herein, a “Tenant Delay” shall mean each day of delay in the performance of the Landlord’s Work that occurs (a) because of Tenant’s failure to timely deliver or approve any required documentation such as any design or space plans (it being agreed that Tenant shall have a reasonable time to review and comment on any such design or space plan, which reasonable time shall be no less than five (5) business days), (b) because of any change by Tenant to any design or space plans after the same have been approved as final by Tenant in writing, or (c) because Tenant or its employees, agents, or contractors otherwise delay completion of the Landlord’s Work. On or before October 15 2018, Tenant’s architect shall deliver all plans, drawings, narratives and other materials required for submission of a TAA to Massport. For avoidance of doubt, Tenant’s failure to cause its architect to delivery such plans by such date shall be a Tenant Delay. In the event Tenant does not spend the entire TI Allowance, all remaining TI Allowance funds shall remain property of Landlord. Tenant shall not be obligated to pay any charge for the use of the building services (including, but not limited to, parking, freight elevators, loading docks, air handling capacity, utilization of the building chases for ducting purposes, and electricity) during construction of Landlord’s Work or during Tenant’s move into the Premises. The loading dock which may be used by Tenant during the Term shall be identified on a ground floor plan to be attached hereto as Exhibit A-1. Landlord shall provide for Tenant’s exclusive use a generator with an output not to exceed 250kW. Landlord shall contribute an amount not to exceed $50,000 towards the generator costs, which shall include but are not limited to the procurement and installation of the generator and transfer switch (collectively, the “Generator Installation Plan Excess Costs”), but shall exclude any costs related to any dunnage installation to the Building necessary to install the generator (the “Generator Dunnage Costs”). The Generator Dunnage Costs shall be the sole responsibility of Landlord. All Generator Installation Costs in excess of Landlord’s $50,000 contribution, exclusive of the Generator Dunnage Costs, shall be borne by Tenant. In addition, Tenant shall have the right, subject to Article 6.2.4, to install HVAC equipment, antennas and satellite dishes on the roof or other part of the Building.
Appears in 1 contract
Landlord’s Work. Landlord shall be required to perform improvements the items described on Exhibit A-2 (the “Landlord’s Work”) in the Premises a good and workmanlike manner and in accordance with applicable Laws as soon as practicable following execution of this Lease recognizing that portions thereof may be completed following the attached Work Letter Delivery Date and all that such improvements shall portions may be in compliance with all applicable laws, codes and regulationscompleted while Tenant is performing the Tenant’s Work. Landlord shall engage The Richmond Group reserves the right to amend, eliminate or add design elements and/or re-engineer or re-design any element(s) of the Landlord Work as the general contractor for the performance of the tenant improvements project progresses and becomes more defined recognizing that absent Tenant’s express prior written approval, no such change shall result in the Work Letter that are identified with an “X” in the column labeled “Tenant” (the ‘‘Tenant Items”). The items on the Work Letter that are identified with an “X” in the column labeled “Landlord” shall be performed by Landlord at Landlord’s sole cost and expense with contractors chosen at Landlord’s sole and absolute discretion. All costs for the Tenant Items in the Work Letter shall be paid solely with funds from the TI Allowance (defined below). Notwithstanding anything herein a lesser grade or quality as to the contrary, Landlord shall not be required to spend more than the TI Allowance (defined below) for the Tenant Items and any cost of the portions of Landlord’s Work that are Tenant Items which are in excess of the TI Allowance shall be paid what was previously designated or approved by Tenant. For purposes of this Lease, “substantial completion” of Landlord’s Work shall be deemed to occur when the Premises are ready for Tenant’ occupancy except for minor items which do not cause material interference with Tenant’s use and occupancy of the Premises with Landlord having obtained a certificate of occupancy for the Premises. If substantial completion of Landlord’s Work is delayed by a Tenant Delay, then substantial completion shall be deemed to occur on the date on which the Landlord’s Work in the Premises would have been substantially completed but for the occurrence of any Tenant Delay. As used herein, a “Tenant Delay” shall mean each day of delay in the performance of the Landlord’s Work that occurs (a) because of Tenant’s failure to timely deliver or approve any required documentation such as any design or space plans (it being agreed that Tenant shall have a reasonable time to review and comment on any such design period of three hundred sixty (360) days following the date the temporary or space plan, which reasonable time final certificate of occupancy shall be no less than five (5) business days)issued to Tenant for its initial occupancy for at least 30% of the Building, (b) because of to reasonably identify any change by Tenant to any design latent defects in the systems or space plans after equipment serving the same Building that have been approved provided by Landlord as final by Tenant in writing, or (c) because Tenant or its employees, agents, or contractors otherwise delay completion part of the Landlord’s Work. On or before October 15 2018, Tenant’s architect shall deliver all plans, drawings, narratives and other materials required for submission of a TAA to Massport. For avoidance of doubt, Tenant’s failure to cause its architect to delivery such plans by such date shall be a Tenant Delay. In the event Tenant does not spend the entire TI Allowance, all remaining TI Allowance funds shall remain property of Landlord. Tenant shall not be obligated to pay any charge for the use of the building services (includingLandlord Work included, but not limited to, parking, freight the elevators, loading dockselectrical, air handling capacity, utilization mechanical and plumbing systems. Landlord agrees to promptly repair or replace as necessary any of such latent defects identified to Landlord within such time period. Tenant has advised Landlord of Tenant’s desire to modify the penthouse area of the building chases Building and possibly construct a pilot lab therein. Subject to Tenant’s compliance with applicable Laws and Landlord’s prior approval of the plans and specifications and the contractor performing the same, Tenant shall be entitled to convert all or any portion of the penthouse area for ducting purposesany one or more such purposes at Tenant’s sole cost and expense. For the avoidance of doubt, any consequences resulting from, including, without limitation. any changes to permits or plans and/or any additional or revised code compliance matters, together with any costs or expenses incurred by Landlord, arising in connection with the conversion of all or any portion of the penthouse area of the Building desired by Tenant or installation of any pilot lab at the Premises, will be at Tenant’s sole cost and expense (subject to application of the Allowance) and reimbursable to Landlord within 15-days after billing by Landlord to Tenant, and electricity) during construction of any delay in the Delivery Date by reason thereof shall be disregarded under this Lease. Landlord’s Work or during Tenant’s move into at the Premises. The loading dock which may be used by Tenant during the Term penthouse area shall be identified on a ground floor plan to be attached hereto as Exhibit A-1. Landlord shall provide for Tenant’s exclusive use a generator with an output not to exceed 250kW. Landlord shall contribute an amount not to exceed $50,000 towards the generator costs, which shall include but are not limited expressly confined solely to the procurement and installation demolition of the generator and transfer switch (collectively, the “Generator Installation Costs”), but shall exclude presently existing HVAC system therein irrespective of any costs related to any dunnage installation to the Building necessary to install the generator (the “Generator Dunnage Costs”). The Generator Dunnage Costs shall be the sole responsibility of Landlord. All Generator Installation Costs in excess of Landlord’s $50,000 contribution, exclusive of the Generator Dunnage Costs, shall be borne by Tenant. In addition, Tenant shall have the right, subject to Article 6.2.4, to install HVAC equipment, antennas and satellite dishes on the roof or other part modification of the Building.
Appears in 1 contract
Landlord’s Work. (a) Landlord shall perform improvements (will perform, or cause to be performed all of Landlord's Work with respect to the “Landlord’s Work”) in Additional Premises, subject to the Premises allowance provisions set forth below, in accordance with the attached Work Letter Approved Plans. Landlord and/or its agents and all such improvements subcontractors will be solely responsible for coordinating and performing Landlord's Work. ▇▇▇▇▇▇▇ Properties, LLC will serve as general contractor (the "General Contractor") and shall be compensated for its services only as set forth in paragraph (c) below.
(b) Landlord shall perform all Landlord's Work in a good and workmanlike manner and in compliance with all applicable lawsgovernmental regulations and current industry standards. All construction materials used shall be subject to Landlord's normal and customary warranties and Landlord will diligently pursue to completion the prompt correction of all warranty claims by Tenant with respect to the (i) substantial adherence to the Approved Plans, codes (ii) the good and regulations. Landlord shall engage The Richmond Group as the general contractor for the workmanlike performance of Landlord's Work, and (iii) the tenant improvements in the freedom of all such Landlord's Work Letter that are identified with an “X” in the column labeled “Tenant” (the ‘‘Tenant Items”). The items on the Work Letter that are identified with an “X” in the column labeled “Landlord” shall be performed by Landlord at Landlord’s sole cost and expense with contractors chosen at Landlord’s sole and absolute discretion. All costs for the Tenant Items in the Work Letter shall be paid solely with funds from the TI Allowance (defined below). Notwithstanding anything herein to the contrary, Landlord shall not be required to spend more than the TI Allowance (defined below) for the Tenant Items and any cost of the portions of Landlord’s Work that are Tenant Items which are in excess of the TI Allowance shall be paid by Tenant. For purposes of this Lease, “substantial completion” of Landlord’s Work shall be deemed to occur when the Premises are ready for Tenant’ occupancy except for minor items which do not cause material interference with Tenant’s use and occupancy of the Premises with Landlord having obtained a certificate of occupancy for the Premises. If substantial completion of Landlord’s Work is delayed by a Tenant Delay, then substantial completion shall be deemed to occur on the date on which the Landlord’s Work in the Premises would have been substantially completed but for the occurrence of any Tenant Delay. As used herein, a “Tenant Delay” shall mean each day of delay in the performance of the Landlord’s Work that occurs (a) because of Tenant’s failure to timely deliver or approve any required documentation such as any design or space plans (it being agreed that Tenant shall have a reasonable time to review and comment on any such design or space plan, which reasonable time shall be no less than five (5) business days), (b) because of any change by Tenant to any design or space plans after the same have been approved as final by Tenant in writing, or (c) because Tenant or its employees, agents, or contractors otherwise delay completion of the Landlord’s Work. On or before October 15 2018, Tenant’s architect shall deliver all plans, drawings, narratives and other materials required for submission of a TAA to Massport. For avoidance of doubt, Tenant’s failure to cause its architect to delivery such plans by such date shall be a Tenant Delay. In the event Tenant does not spend the entire TI Allowance, all remaining TI Allowance funds shall remain property of Landlordlatent defects. Tenant shall not be obligated to pay any charge for the use of the building services (including, but not limited to, parking, freight elevators, loading docks, air handling capacity, utilization of the building chases for ducting purposes, and electricity) during construction of Landlord’s Work or during Tenant’s move into the Premises. The loading dock which may be used by Tenant during the Term shall be identified on a ground floor plan to be attached hereto as Exhibit A-1. Landlord shall provide for Tenant’s exclusive use a generator with an output not to exceed 250kW. Landlord shall contribute an amount not to exceed $50,000 towards the generator costs, which shall include but are not limited to the procurement and installation of the generator and transfer switch (collectively, the “Generator Installation Costs”), but shall exclude any costs related to any dunnage installation to the Building necessary to install the generator (the “Generator Dunnage Costs”). The Generator Dunnage Costs shall be the sole responsibility of Landlord. All Generator Installation Costs in excess of Landlord’s $50,000 contribution, exclusive of the Generator Dunnage Costs, shall be borne by Tenant. In addition, Tenant 's consultants shall have the right, but not the obligation, to review, monitor and approve all work and materials involved in Landlord's Work throughout the entire construction process for adherence to the Approved Plans, provided Tenant and/or Tenant's consultants do not cause delays in the performance of Landlord's Work. Landlord or its designees shall obtain all permits, certificates (including a certificate of occupancy or its equivalent) and other governmental approvals from all governmental agencies having jurisdiction which are necessary for the completion of Landlord's Work.
(c) Tenant shall pay Landlord a fee equal to five percent (5%) of only Landlord managed costs for the services of the General Contractor related to the construction of the interiors of the Additional Premises, and (ii) market reasonable general conditions and reimbursements in the same manner and form as applied to the first data center transaction with Neustar. Except as expressly provided in i.) and ii.) above, Landlord, may not charge to Tenant directly or indirectly any form of supervisory fee in connection with its rights to supervise the Tenant's Work or in connection with the approval of Tenant's plans and specifications.
(d) None of the costs of Landlord's Work shall be included in Operating Costs payable by Tenant nor shall such costs otherwise be charged to Tenant except as provided in this Section 6.
(e) Landlord agrees that the Additional Premises will be delivered to Tenant at the Lease Commencement Date free of all Hazardous Substances as defined in the Amended Lease except for those items used for ordinary construction and office purposes which items shall be in accordance with all applicable Environmental Legal Requirements.
(f) Landlord warrants and represents that, at Landlord's sole cost and expense (and without any charge to Tenant or against the Tenant Allowance hereinafter provided) that all leasehold construction improvements and Building systems will be in good working order including (i) all electric systems and related distribution which is located in, or which serves, the Additional Premises, (ii) all HVAC systems and related distribution located in or serving the Additional Premises, and (iii) all plumbing systems and related distribution which is located in and serves the Additional Premises, including rest rooms pursuant to prevailing county building codes.
(g) Except as specifically otherwise set forth in this Section 6 all costs of Landlord's Work shall be paid by Tenant to Landlord as follows: (i) fifty percent (50%) thereof upon approval of the Approved Plans, (ii) forty percent (40%) thereof within fifteen (15) days of the Lease Commencement Date and (iii) the final ten percent (10%) thereof within fifteen (15) days after Landlord's completion of the final Tenant approved punch list. However, notwithstanding the foregoing, Tenant may elect by written notice to Landlord given not later than the date of approval of the Approved Plans, to fund and amortize the cost of Landlord's Work up to, but not in excess of One Hundred Four Thousand Dollars ($104,000.00) (computed at the rate of $8.00 per rentable square feet within the Additional Premises) over the Lease term (exclusive of any renewal term) at an interest rate of ten percent (10%) per annum. If Tenant so elects, the parties shall enter into an addendum to this Fourth Amendment setting forth the increased Base Rentals resulting therefrom.
(h) Tenant shall have the right to select and use its own space planner/architect (the "Tenant's Architect") with respect to the planning and designing of the Additional Premises subject to Article 6.2.4the approval of Landlord, which shall not be unreasonably withheld. All fees of Tenant's Architect and other costs associated with the services of Tenant's Architect shall be at Tenant's sole cost and expense. Landlord hereby pre-approves Tenant's right to install HVAC equipmentselect GanekBear Architects, antennas and satellite dishes on Inc. as the roof or other part of the BuildingTenant's Architect.
Appears in 1 contract
Sources: Office Lease (Neustar Inc)
Landlord’s Work. (a) Subject to delays due to: reasonably unanticipated or new governmental regulation; unusual scarcity of or inability to obtain labor or materials; labor difficulties; casualty; or other causes reasonably beyond Landlord’s control (collectively “Landlord’s Force Majeure”), and subject to any act or omission by ▇▇▇▇▇▇ and/or Tenant’s agents, servants, employees, consultants, contractors, subcontractors, licensees and/or subtenants (collectively with Tenant, the “Tenant Parties”) which causes an actual delay in the performance of Landlord’s Work (and of which Landlord shall given Tenant written notice reasonably promptly after determining such delay exists) (a “Tenant Delay”), Landlord, at Landlord’s sole cost and expense, shall perform improvements the work (the “Landlord’s Work”) more particularly described in the Premises in accordance with the Exhibit 3 attached Work Letter and all such improvements shall be in compliance with all applicable laws, codes and regulations. Landlord shall engage The Richmond Group as the general contractor for the performance of the tenant improvements in the Work Letter that are identified with an “X” in the column labeled “Tenant” (the ‘‘Tenant Items”). The items on the Work Letter that are identified with an “X” in the column labeled “Landlord” shall be performed by Landlord at Landlord’s sole cost and expense with contractors chosen at Landlord’s sole and absolute discretion. All costs for the Tenant Items in the Work Letter shall be paid solely with funds from the TI Allowance (defined below). Notwithstanding anything herein to the contrary, Landlord shall not be required to spend more than the TI Allowance (defined below) for the Tenant Items and any cost of the portions of Landlord’s Work that are Tenant Items which are in excess of the TI Allowance shall be paid by Tenanthereto. For purposes of this Leasehereof, “substantial completion” of Landlord’s Work shall be deemed “Substantially Complete” and “Substantial Completion” shall be deemed to have occurred on the later to occur when of (a) the Premises are ready for Tenant’ occupancy except for minor items which do not cause material interference date of a substantial completion certificate issued by ▇▇▇▇▇▇▇▇’s architect with Tenantrespect to Landlord’s use Work (the “Substantial Completion Certificate”), and occupancy (b) the date the Town of the Premises with Landlord having obtained Lexington issues a certificate of occupancy (temporary (subject only to items on the Punch List and any Tenant required work) or permanent) for the Premises. At Tenant’s request, Landlord and Tenant shall walk-through the Premises promptly after the date of the Substantial Completion Certificate to confirm the Punchlist (hereinafter defined).
(b) Tenant shall have the right, in accordance herewith, to submit for Landlord’s approval (which approval shall not be unreasonably withheld) change proposals to increase the scope of Landlord’s Work (each, a “Change Proposal”). Landlord agrees to respond to any such Change Proposal within five (5) business days after the submission thereof by Tenant (unless Landlord has previously advised Tenant that a longer time period for such response is reasonably necessary due to the nature and scope of the Change Proposal, together with ▇▇▇▇▇▇▇▇’s good faith estimate as to the amount of additional time that will be necessary, or the fact that the information provided by ▇▇▇▇▇▇ in the Change Proposal is insufficient for the purposes of enabling Landlord to make the determination set forth herein), and if approved by Landlord, advising Tenant of any anticipated increase in costs associated with such Change Proposal (“Anticipated Costs”), as well as an estimate of any delay which would likely result in the completion of Landlord’s Work if a Change Proposal is made pursuant thereto (“Landlord’s Change Order Response”). Tenant shall have the right to then approve or withdraw such Change Proposal within five (5) business days after receipt of Landlord’s Change Order Response. If Tenant fails to respond to ▇▇▇▇▇▇▇▇’s Change Order Response within such five (5) business day period, such Change Proposal shall be deemed withdrawn. If Tenant approves Landlord’s Change Order Response, then (a) such Change Proposal shall be deemed a “Change Order” hereunder, (b) Tenant shall reimburse Landlord for the actual increase in costs associated with the Change Order within thirty (30) days after demand therefor, as Additional Rent, provided, however, that in the event that the Anticipated Costs associated with such Change Proposal, when added to the costs of previously approved Change Proposals, exceeds Five Thousand Dollars ($5,000) (the “Maximum Amount”), then Tenant shall pay to Landlord, as Additional Rent, at the time that Tenant approves Landlord’s Change Order Response, the Anticipated Costs in excess of the Maximum Amount, (c) any delay in the substantial completion of Landlord’s Work is delayed by due to such Change Order shall be deemed a Tenant Delay, then substantial completion and (d) Landlord shall be deemed to occur on perform the date on which the Landlord’s Work work described in the Premises would have been substantially completed but for the occurrence of any Tenant Delay. As used herein, a “Tenant Delay” shall mean each day of delay in the performance of the Landlord’s Work that occurs (a) because of Tenant’s failure to timely deliver or approve any required documentation such Change Order as any design or space plans (it being agreed that Tenant shall have a reasonable time to review and comment on any such design or space plan, which reasonable time shall be no less than five (5) business days), (b) because of any change by Tenant to any design or space plans after the same have been approved as final by Tenant in writing, or (c) because Tenant or its employees, agents, or contractors otherwise delay completion of the Landlord’s Work. On or before October 15 2018, Tenant’s architect shall deliver all plans, drawings, narratives and other materials required for submission of a TAA to Massport. For avoidance of doubt, Tenant’s failure to cause its architect to delivery such plans by such date shall be a Tenant Delay. In the event Tenant does not spend the entire TI Allowance, all remaining TI Allowance funds shall remain property of Landlord. Tenant shall not be obligated to pay any charge for the use of the building services (including, but not limited to, parking, freight elevators, loading docks, air handling capacity, utilization of the building chases for ducting purposes, and electricity) during construction part of Landlord’s Work or during on all the terms and conditions applicable to Landlord’s Work except as expressly set forth herein with respect to Tenant’s move into payment obligation.
(c) Subject to Landlord’s Force Majeure and Tenant Delays, Landlord shall, unless otherwise specified on the Premises. The loading dock which may be used by Tenant during the Term shall be identified on a ground floor plan to be Punchlist attached hereto as Exhibit A-1. Landlord shall provide for Tenant’s exclusive use a generator with an output not to exceed 250kW. Landlord shall contribute an amount not to exceed $50,000 towards the generator costs, which shall include but are not limited to the procurement and installation of the generator and transfer switch Substantial Completion Certificate (collectively, the “Generator Installation CostsPunchlist”), but shall exclude any costs related to any dunnage installation to the Building necessary to install the generator complete all Punchlist items within thirty (the “Generator Dunnage Costs”). The Generator Dunnage Costs shall be the sole responsibility of Landlord. All Generator Installation Costs in excess of Landlord’s $50,000 contribution, exclusive 30) days of the Generator Dunnage Costs, shall be borne by Tenant. In addition, Tenant shall have the right, subject to Article 6.2.4, to install HVAC equipment, antennas and satellite dishes on the roof or other part date of the BuildingSubstantial Completion Certificate.
Appears in 1 contract
Sources: Lease Agreement (Quanterix Corp)
Landlord’s Work. Landlord shall perform improvements will, at its sole cost and expense, complete the following work in a good and workmanlike manner, in conformance with Landlord’s standard specifications for the Building, and in compliance with applicable laws to the extent necessary to receive a signed off permit or similar work sign off from the City of Sunnyvale (the “Landlord’s Work”) in the Premises in accordance with the attached Work Letter ): ● New glass exterior on front and all such improvements shall be in compliance with all applicable laws, codes and regulations. Landlord shall engage The Richmond Group as the general contractor for the performance sides of the tenant improvements in Building with expanded glass line and new entry ● New lobby ● New restroom cores with 5 fixtures and showers ● New interior breakroom with roll up door to an adjacent patio with furniture New HVAC equipment serving the Work Letter that are identified with an “X” in the column labeled “Tenant” (the ‘‘Tenant Items”). Building totaling 75 tons The items on the Work Letter that are identified with an “X” in the column labeled “Landlord” shall be performed by Landlord at Landlord’s sole cost and expense with contractors chosen at Landlord’s sole and absolute discretion. All costs for the Tenant Items in the Work Letter shall be paid solely with funds from the TI Allowance (defined below). Notwithstanding anything herein to the contrary, Landlord shall not be required to spend more than the TI Allowance (defined below) for the Tenant Items and any cost of the portions of Landlord’s Work that are Tenant Items which are in excess of the TI Allowance shall be paid by Tenantis more particularly described on Schedule 1 hereto. For purposes of this Lease, “substantial completion” of The Landlord’s Work shall be deemed to occur when be “substantially complete(d)”, on the Premises are ready for Tenant’ occupancy except for minor items which do not cause material interference with Tenantdate that (i) all the Landlord’s use and occupancy Work (other than Punch List Items as defined below) have been performed, (ii) if applicable, Landlord shall have received a signed off permit or similar work sign off from the City of Sunnyvale, (iii) Landlord’s architect or engineer certifies that the Premises with Landlord having obtained a certificate of occupancy for the Premises. If substantial completion of Landlord’s Work is delayed by a substantially complete in accordance with the final approved plans, and (v) Landlord has delivered the Building to Tenant Delay, then substantial completion shall be deemed to occur on in accordance with the date on which Lease. Within five (5) business days after the Landlord’s architect or engineer certifies that the Landlord’s Work in is substantially complete, Tenant and Landlord, shall jointly conduct a walk-through of the Premises would have been substantially completed but for the occurrence and shall jointly prepare a punch list of any Tenant Delayitems needing additional work (“Punch List Items”). As used herein, Punch List Items shall be those items which are a “Tenant Delay” shall mean each day of delay in the performance part of the Landlord’s Work that occurs which are details of construction, decoration and mechanical and electrical adjustments which (ai) because of in the aggregate, are minor in character and do not adversely affect Tenant’s failure to timely deliver use or approve any required documentation such as any design or space plans (it being agreed that Tenant shall have a reasonable time to review and comment on any such design or space plan, which reasonable time shall be no less than five (5) business days), (b) because of any change by Tenant to any design or space plans after the same have been approved as final by Tenant in writing, or (c) because Tenant or its employees, agents, or contractors otherwise delay completion enjoyment of the Landlord’s Work. On Premises or before October 15 2018, Tenant’s architect shall deliver all plansability to perform its work on the Tenant Improvements, drawingsand (ii) the completion or correction of which, narratives and other materials required for submission of a TAA to Massport. For avoidance of doubt, will not materially interfere with Tenant’s failure to cause its architect to delivery such plans by such date shall be a Tenant Delay. In the event Tenant does not spend the entire TI Allowance, all remaining TI Allowance funds shall remain property of Landlord. Tenant shall not be obligated to pay any charge for the use or occupation of the building services (including, but not limited to, parking, freight elevators, loading docks, air handling capacity, utilization of the building chases for ducting purposes, and electricity) during construction of Landlord’s Work Premises or during Tenant’s move into ability to perform its work on the Premises. The loading dock which may be used by Tenant during the Term shall be identified on a ground floor plan to be attached hereto as Exhibit A-1Improvements. Landlord shall provide for Tenant’s exclusive use a generator with an output not to exceed 250kW. Landlord shall contribute an amount not to exceed $50,000 towards promptly begin and diligently pursue until completion the generator costs, which shall include but are not limited to the procurement and installation correction of Punch List items after delivery of the generator punch list. Drawings prepared by Studios, Inc., entitled “305 Mathilda Improvements” for ▇▇▇ ▇. ▇▇▇▇▇▇▇▇ ▇▇▇., Sunnyvale, California, Project Number 19531.00, dated October 8, 2021, and transfer switch consisting of 122 pages as amended on May 9, 2022 in response to ASI 1. Real property in the City of Sunnyvale, County of Santa ▇▇▇▇▇, State of California, described as follows: PARCEL ONE: PARCEL 1, AS DESIGNATED ON THAT CERTAIN MAP ENTITLED, “PARCEL MAP BEING AN AMENDED MAP OF THE LANDS OF GULF OIL CORPORATION, AS SHOWN ON THAT CERTAIN PARCEL MAP RECORDED IN BOOK 286 OF MAPS, AT PAGE 4, SANTA CLARA COUNTY RECORDS, CITY OF SUNNYVALE, CALIFORNIA”, SAID PARCEL MAP BEING RECORDED IN BOOK 328 OF MAPS, AT PA E 11. PARCEL TWO: A PERPETUAL NON-EXCLUSIVE EASEMENT AND RIGHT-OF-WAY FOR PEDESTRIAN AND VEHICULAR INGRESS AND EGRESS, IN, ON, OVER AND ACROSS THAT PORTION OF PARCEL 2, AS DESIGNATED ON THE ABOVE DESCRIBED PARCEL MAP LYING WITHIN 12.5 FEET MEASURED AT RIGHT ANGLES OF THE COMMON BOUNDARY LINE OF PARCELS 1 AND 2 AS DESIGNATED ON SAID PARCEL MAP. THIS COMMENCEMENT MEMORANDUM (collectively, the “Generator Installation CostsAgreement”) is dated as of , 2025, by and between SIEMENS MEDICAL SOLUTIONS USA, INC. (the “Sublandlord”), but shall exclude any costs related to any dunnage installation to the Building necessary to install the generator and KNIGHTSCOPE, INC. (the “Generator Dunnage CostsSubtenant”). The Generator Dunnage Costs shall be the sole responsibility of Landlord. All Generator Installation Costs in excess of Landlord’s $50,000 contribution, exclusive of the Generator Dunnage Costs, shall be borne by Tenant. In addition, Tenant shall have the right, subject to Article 6.2.4, to install HVAC equipment, antennas and satellite dishes on the roof or other part of the Building.
Appears in 1 contract
Landlord’s Work. Landlord shall perform improvements (the “As Landlord’s Work”) , Landlord shall cause its contractor to construct leasehold improvements in the Premises substantially in accordance with the attached Initial Plan and any Architectural Plans approved by Tenant and Landlord as provided in Section 2 of this Exhibit. Any work required by Tenant in addition to Landlord’s Work Letter and all such improvements shall be constructed at Tenant’s expense by Landlord as Additional Work as provided in Section 5 of this Exhibit or by Tenant pursuant to Section 7 of this Exhibit in a manner that does not interfere with Landlord’s Work or other work in the Project. Following compliance with all applicable laws, codes Sections 2 and regulations. Landlord shall engage The Richmond Group as the general contractor for the performance 3 of the tenant improvements in the Work Letter that are identified with an “X” in the column labeled “Tenant” (the ‘‘Tenant Items”). The items on the Work Letter that are identified with an “X” in the column labeled “Landlord” shall be performed by Landlord at Landlord’s sole cost and expense with contractors chosen at Landlord’s sole and absolute discretion. All costs for the Tenant Items in the Work Letter shall be paid solely with funds from the TI Allowance (defined below). Notwithstanding anything herein to the contrarythis Exhibit, Landlord shall not be required obtain a building permit and, subject to spend more than the TI Allowance (defined below) for other terms and conditions of this Exhibit and the Tenant Items and any cost of the portions of Lease, shall proceed diligently to cause Landlord’s Work to be substantially completed. It is expressly understood that are Tenant Items which are all work to be done in excess of the TI Allowance Premises shall be paid subject to approval by TenantLandlord and that no work shall be undertaken in the Premises until such approval is given in writing. For purposes of this LeaseExhibit, “substantial completion” means: (i) completion of Landlord’s Work shall be deemed to occur when the Premises are ready for Tenant’ occupancy except for minor items finishing and punchlist activity which do docs not cause material interference materially interfere with Tenant’s use and occupancy of the Premises with Landlord having obtained a Premises; and (ii) issuance of any necessary municipal certificate of occupancy for Within thirty (30) days after the Commencement Date of the Lease, the parties shall inspect the Premises, have all systems demonstrated, and prepare a punchlist of incomplete or defective details of construction. If substantial completion of Landlord will use reasonable diligence to promptly complete the punchlist items after Tenant provides the punchlist to Landlord. A certificate signed by the Architect that Landlord’s Work is delayed by a Tenant Delay, then substantial completion shall be deemed to occur on the date on which the Landlord’s Work in the Premises would have has been substantially completed but for the occurrence of any Tenant Delay. As used herein, a “Tenant Delay” shall mean each day of delay in the performance of the Landlord’s Work that occurs (a) because of Tenant’s failure to timely deliver or approve any required documentation such as any design or space plans (it being agreed that Tenant shall have a reasonable time to review and comment on any such design or space plan, which reasonable time finally completed shall be no less than five (5) business days), (b) because of any change by Tenant to any design or space plans after the same have been approved as final by Tenant in writing, or (c) because Tenant or its employees, agents, or contractors otherwise delay completion of the Landlord’s Work. On or before October 15 2018, Tenant’s architect shall deliver all plans, drawings, narratives conclusive and other materials required for submission of a TAA to Massport. For avoidance of doubt, Tenant’s failure to cause its architect to delivery such plans by such date shall be a Tenant Delay. In the event Tenant does not spend the entire TI Allowance, all remaining TI Allowance funds shall remain property of Landlord. Tenant shall not be obligated to pay any charge for the use of the building services (including, but not limited to, parking, freight elevators, loading docks, air handling capacity, utilization of the building chases for ducting purposes, and electricity) during construction of Landlord’s Work or during Tenant’s move into the Premises. The loading dock which may be used by Tenant during the Term shall be identified on a ground floor plan to be attached hereto as Exhibit A-1. Landlord shall provide for Tenant’s exclusive use a generator with an output not to exceed 250kW. Landlord shall contribute an amount not to exceed $50,000 towards the generator costs, which shall include but are not limited to the procurement and installation of the generator and transfer switch (collectively, the “Generator Installation Costs”), but shall exclude any costs related to any dunnage installation to the Building necessary to install the generator (the “Generator Dunnage Costs”). The Generator Dunnage Costs shall be the sole responsibility of Landlord. All Generator Installation Costs in excess of Landlord’s $50,000 contribution, exclusive of the Generator Dunnage Costs, shall be borne by Tenant. In addition, Tenant shall have the right, subject to Article 6.2.4, to install HVAC equipment, antennas and satellite dishes binding on the roof or other part of the Buildingparties.
Appears in 1 contract
Sources: Assignment and Assumption of Leases (Quest Resource Corp)
Landlord’s Work. 42. (A) Landlord shall not be required to perform improvements any work to the Premises, other than Landlord’s Base Building Work and Landlord’s Work, subject to the provisions of this Article 42. Tenant expressly agrees to take the Premises on the Commencement Date in its then “as is” condition, subject to substantial completion of Landlord’s Base Building Work and Landlord’s Work. Landlord shall cause a licensed architect to promptly prepare, based on Tenant’s schematic plan dated June 21, 2011, a copy of which is attached hereto and made a part hereof as Exhibit J, complete dimensioned architectural plans and complete engineering plans with respect to the Premises (such plans shall be referred to herein collectively as the “Preliminary Plans”; such Preliminary Plans, as amended by any changes thereto so that such plans shall be approved by Tenant and Landlord (which approval by Landlord and Tenant shall not be unreasonably withheld or delayed), shall be referred to herein collectively as the “Final Plans”; the work set forth on the Final Plans, as amended by any changes and/or additions requested by Tenant and approved by Landlord pursuant to the terms hereof, shall be referred to herein collectively as “Landlord’s Work”) in ). Tenant hereby agrees that unless otherwise agreed to by Landlord pursuant to the Premises in accordance with the attached terms hereof, Landlord’s Work Letter and all such improvements shall be performed using materials, standards and finishes of Building standard quality, quantity, color and design and in compliance with all applicable laws, codes and regulations. Landlord shall engage The Richmond Group as the general contractor for the performance of the tenant improvements in the Work Letter that are identified with an “X” in the column labeled “Tenant” (the ‘‘Tenant Items”). The items on the Work Letter that are identified with an “X” in the column labeled “Landlord” shall be performed by Landlord at Landlord’s sole cost and expense with contractors chosen at Landlord’s sole and absolute discretion. All costs for the Tenant Items in the Work Letter shall be paid solely with funds from the TI Allowance (defined below)Final Plans. Notwithstanding anything herein to the contrary, Landlord Tenant shall not be required unreasonably withhold or delay its consent to spend more than the TI Allowance (defined below) for the Tenant Items and any cost of the portions of changes and/or additions to Landlord’s Work that are Tenant Items which are in excess of the TI Allowance shall be paid required by Tenant. For purposes of this Lease, “substantial completion” of Landlord’s Work shall be deemed Landlord solely to occur when the Premises are ready for Tenant’ occupancy except for minor items which do not cause material interference with Tenant’s use and occupancy of the Premises with Landlord having obtained a certificate of occupancy for the Premises. If substantial completion of Landlord’s Work is delayed by a Tenant Delay, then substantial completion shall be deemed to occur on the date on which the Landlord’s Work in the Premises would have been substantially completed but for the occurrence of any Tenant Delay. As used herein, a “Tenant Delay” shall mean each day of delay in the performance of the Landlord’s Work that occurs (a) because of Tenant’s failure correct any errors in the Final Plans, and/or (b) cause the Final Plans to timely deliver or approve any required documentation such as any design or space plans (comply with applicable Legal Requirements, it being agreed that changes of a de minimis nature on account of field conditions and the like shall not require the prior written consent of Tenant (but Landlord shall have a use commercially reasonable time efforts to review and comment on any notify Tenant of such design or space plan, which reasonable time required changes). Tenant’s consent to (i) the initial draft of the Preliminary Plans shall be no less than granted or denied within five (5) business days), (b) because of any change by Tenant to any design or space plans days after the same have been approved as final by Tenant in writing, or (c) because Tenant or its employees, agents, or contractors otherwise delay completion of the Landlord’s Work. On or before October 15 2018, Tenant’s architect receipt thereof, and (ii) any revisions to the Preliminary Plans shall deliver all plans, drawings, narratives and other materials required for submission of a TAA to Massport. For avoidance of doubt, be granted or denied within five (5) business days after Tenant’s failure to cause its architect to delivery such plans by such date shall be a Tenant Delay. In the event Tenant does not spend the entire TI Allowance, all remaining TI Allowance funds shall remain property of Landlord. Tenant shall not be obligated to pay any charge for the use of the building services (including, but not limited to, parking, freight elevators, loading docks, air handling capacity, utilization of the building chases for ducting purposes, and electricity) during construction of Landlord’s Work or during Tenant’s move into the Premises. The loading dock which may be used by Tenant during the Term shall be identified on a ground floor plan to be attached hereto as Exhibit A-1receipt thereof. Landlord shall provide make all changes to the Preliminary Plans requested by Tenant and submit a revised draft thereof to Tenant for its review within five (5) business days after Landlord’s receipt of Tenant’s exclusive use a generator comments with an output not to exceed 250kW. Landlord shall contribute an amount not to exceed $50,000 towards the generator costs, which shall include but are not limited to the procurement and installation of the generator and transfer switch (collectively, the “Generator Installation Costs”), but shall exclude any costs related to any dunnage installation to the Building necessary to install the generator (the “Generator Dunnage Costs”). The Generator Dunnage Costs shall be the sole responsibility of Landlord. All Generator Installation Costs in excess of Landlord’s $50,000 contribution, exclusive of the Generator Dunnage Costs, shall be borne by Tenant. In addition, Tenant shall have the right, subject to Article 6.2.4, to install HVAC equipment, antennas and satellite dishes on the roof or other part of the Buildingrespect thereto.
Appears in 1 contract
Sources: Lease Agreement (CIFC Corp.)
Landlord’s Work. 2.1 Landlord agrees to construct a two-story scientific research building of approximately 55,200 rentable square feet as measured according to the BOMA Standard (the "Building"). The Building shall be a concrete steel frame structure with reflected glass windows and shall include on-site surface parking at a ratio of approximately three (3) spaces per 1,000 square feet of Rentable Area in the Building (subject to Tenant's storage space and mechanical space requirements). All work required to design and construct the Building, exclusive of the Leasehold Improvements and the Tenant Work (each as herein defined), is herein collectively referred to as the "Landlord's Work."
2.2 Landlord has indicated to Tenant that the construction plans, specifications and drawings with respect to Landlord's Work (the "Base Building Construction Drawings") are consistent with the Hope Architects & Engineers plans and specifications, dated March 20, 1991, which were previously approved by the City of San Diego. Prior to the execution hereof, the Base Building Construction Drawings have been prepared and have been approved by Landlord and Tenant; however, the Base Building Construction Drawings require certain revisions in order to comply with current building codes. Landlord agrees to commence construction of Landlord's Work following approval of the revised Base Building Construction Drawings by both parties hereto and the City of San Diego's building department (the "Building Permit"). Tenant shall cooperate and assist Landlord in obtaining the Building Permit, which Building Permit shall be obtained at Land lord's expense. In the event that governmental or quasi-governmental authorities having jurisdiction over the construction of Landlord's Work or any permit, license or approval required in connection therewith shall impose terms or conditions to the Building Permit that are inconsistent with Landlord's obligations hereunder or which increase the cost of constructing Landlord's Work, or which will materially delay the construction of Landlord's Work, Landlord and Tenant shall make all reasonable and good faith efforts to agree upon an approach, strategy or course of action to mitigate or remove any such terms and conditions, provided that Landlord shall perform improvements (nevertheless remain obligated to construct the “Landlord’s Work”) in the Premises Building in accordance with the attached basic parameters set forth in Section 2.1 of this Work Letter Letter.
2.3 Not later than One Hundred Thirty Five (135) days following the mutual execution of the Lease, Tenant shall deliver to Landlord design drawings and all such improvements specifications (the "Space Plans") detailing Tenant's requirements for the Leasehold Improvements. The Space Plans shall be in compliance with all applicable laws, codes sufficiently detailed to show the impact of the Leasehold Improvement upon the base Building and regulationsany design changes which may be necessary. Landlord shall engage The Richmond Group as deliver in writing any reasonable objections, questions or comments of Landlord, the general contractor Project's architect or supervising engineer with regard to the Space Plans within ten (10) business days of delivery thereof. Within fifteen (15) calendar days following delivery of any such objections, Tenant shall cause the Space Plans to be revised to eliminate such objections, and shall resubmit said drawings to Landlord for the performance of the tenant improvements in the approval.
2.4 Landlord's Work Letter that are identified with an “X” in the column labeled “Tenant” (the ‘‘Tenant Items”). The items on the Work Letter that are identified with an “X” in the column labeled “Landlord” shall be performed by Landlord at constructed substantially in conformity with the Base Building Construction Drawings and the Building Permit. However, construction of Landlord’s sole cost and expense with contractors chosen at Landlord’s sole and absolute discretion. All costs for the Tenant Items in the 's Work Letter shall be paid solely with funds from subject to such modifications which are (i) required due to field conditions, and/or (ii) required in order to meet the TI Allowance requirements of applicable governmental and quasi-governmental laws, regulations and codes (defined belowcollectively, "Code"). Notwithstanding anything herein to the contrarycontrary contained herein, Landlord shall not be required to spend more than the TI Allowance (defined below) for parties hereby acknowledge and agree that the Tenant Items and any cost design of the portions of Landlord’s Work that are Tenant Items which are in excess of the TI Allowance shall Project (i) may be paid subject to approval by Tenant. For purposes of this Leasevarious governmental review committees and (ii) must conform to any Planned Industrial Development permit, “substantial completion” of Landlord’s Work shall be deemed to occur when the Premises are ready for Tenant’ occupancy except for minor items which do not cause material interference with Tenant’s SR Zone use and occupancy of the Premises with Landlord having obtained a certificate of occupancy for the Premises. If substantial completion of Landlord’s Work is delayed by a Tenant Delay, then substantial completion shall be deemed to occur on the date on which the Landlord’s Work in the Premises would have been substantially completed but for the occurrence of any Tenant Delay. As used herein, a “Tenant Delay” shall mean each day of delay in the performance of the Landlord’s Work that occurs (a) because of Tenant’s failure to timely deliver or approve any required documentation such as any design or space plans (it being agreed that Tenant shall have a reasonable time to review and comment on any such design or space plan, which reasonable time shall be no less than five (5) business days), (b) because of any change by Tenant to any design or space plans after the same have been approved as final by Tenant in writing, or (c) because Tenant or its employees, agents, or contractors otherwise delay completion of the Landlord’s Work. On or before October 15 2018, Tenant’s architect shall deliver all plans, drawings, narratives and other materials required for submission of a TAA to Massport. For avoidance of doubt, Tenant’s failure to cause its architect to delivery such plans by such date shall be a Tenant Delay. In the event Tenant does not spend the entire TI Allowance, all remaining TI Allowance funds shall remain property of Landlord. Tenant shall not be obligated to pay any charge for the Coastal Zone Area use of the building services (including, but not limited to, parking, freight elevators, loading docks, air handling capacity, utilization of the building chases for ducting purposes, and electricity) during construction of Landlord’s Work or during Tenant’s move into the Premises. The loading dock which may be used by Tenant during the Term shall be identified on a ground floor plan to be attached hereto as Exhibit A-1. Landlord shall provide for Tenant’s exclusive use a generator with an output not to exceed 250kW. Landlord shall contribute an amount not to exceed $50,000 towards the generator costs, which shall include but are not limited to the procurement and installation of the generator and transfer switch (collectively, the “Generator Installation Costs”), but shall exclude any costs related to any dunnage installation to the Building necessary to install the generator (the “Generator Dunnage Costs”). The Generator Dunnage Costs shall be the sole responsibility of Landlord. All Generator Installation Costs in excess of Landlord’s $50,000 contribution, exclusive of the Generator Dunnage Costs, shall be borne by Tenant. In addition, Tenant shall have the right, subject to Article 6.2.4, to install HVAC equipment, antennas and satellite dishes on the roof or other part of the Buildingrequirements.
Appears in 1 contract
Sources: Lease (Axys Pharmecueticals Inc)
Landlord’s Work. Promptly following the execution of this Lease, the Landlord, at the Landlord's expense, shall perform the work described in Exhibit G attached hereto ("Landlord's Work"), which shall be a turn key build-out. The Landlord shall perform improvements (the “Landlord’s Work”) obtain all necessary permits and other governmental approvals in the Premises in accordance connection with the attached Landlord's Work Letter prior to commencement of the Landlord's Work. Promptly after execution of this Lease, the Landlord shall commence and all exercise reasonable efforts to complete the Landlord's Work on or before the Commencement Date, subject to External Causes. Landlord's Work may vary from the requirements of Exhibit G to the extent that the variance is (i) determined by Landlord in its reasonable discretion to be necessary or advisable due to (A) the job conditions or good construction practices, (B) the building permits for such improvements work, or (C) applicable legal requirements, (ii) non-substantial or (iii) of greater utility or value than that which it replaces. All of Landlord's Work shall be in compliance with all applicable laws, codes and regulations. Landlord shall engage The Richmond Group as performed by the general contractor for selected by the Landlord in its sole discretion. Landlord will provide turnkey construction consistent with Exhibit G, and Landlord will pay the costs of labor and materials incurred in connection with the performance of the tenant improvements construction of the Premises described in Exhibit G, including the costs of permits and insurance as well as architectural and engineering services rendered in the Work Letter that are identified with an “X” in the column labeled “Tenant” (the ‘‘Tenant Items”)preparation and design of construction drawings and specifications. The items on the Work Letter that are identified with an “X” in the column labeled “Landlord” shall space planning design, construction drawings and specifications will be performed provided by Landlord at no cost to Tenant. Tenant may inspect Landlord’s sole cost 's Work at reasonable times and expense with contractors chosen at Landlord’s sole and absolute discretionwill promptly give notice of observed defects in materials or workmanship. All costs for the Tenant Items in the Work Letter Landlord will correct such defects as promptly as practicable. The Premises shall be paid solely with funds from deemed ready for occupancy on the TI Allowance (defined below). Notwithstanding anything herein to earlier of: the contrary, Landlord shall not be required to spend more than the TI Allowance (defined below) for the date upon which Tenant Items and takes possession of any cost portion of the portions Premises for any purpose other than preparing the Premises for occupancy; or the date upon which Landlord's Work is substantially completed as certified by Landlord's architect and as evidenced by either a permanent or temporary certificate of occupancy, if applicable. The Landlord will make reasonable efforts to substantially complete Landlord's Work prior to May 1, 2005. Tenant shall be allowed to begin moving furniture, fixtures and equipment into the Premises beginning upon substantial completion of Landlord’s 's Work that are Tenant Items which are but not sooner than May 15, 2005 and not prior to submitting all required insurance certificates as defined in excess of the TI Allowance shall be paid by Tenant. For purposes of this Lease, “substantial completion” of . Landlord’s 's Work shall be deemed to occur when the Premises are ready for Tenant’ occupancy except for be substantially completed if only minor portions of Work, adjustments, cosmetic finishing work or "punch list" items which do remain incomplete and such incomplete work does not cause material interference materially interfere with Tenant’s use and occupancy of the Premises with Landlord having obtained a certificate of occupancy for the Premises. If substantial completion of Landlord’s Work is delayed by a Tenant Delay, then substantial completion shall be deemed to occur on the date on which the Landlord’s Work in the Premises would have been substantially completed but for the occurrence of any Tenant Delay. As used herein, a “Tenant Delay” shall mean each day of delay in the performance of the Landlord’s Work that occurs (a) because of Tenant’s failure to timely deliver or approve any required documentation such as any design or space plans (it being agreed that Tenant shall have a reasonable time to review and comment on any such design or space plan, which reasonable time shall be no less than five (5) business days), (b) because of any change by Tenant to any design or space plans after the same have been approved as final by Tenant in writing, or (c) because Tenant or its employees, agents, or contractors otherwise delay completion of the Landlord’s Work. On or before October 15 2018, Tenant’s architect shall deliver all plans, drawings, narratives and other materials required for submission of a TAA to Massport. For avoidance of doubt, Tenant’s failure to cause its architect to delivery such plans by such date shall be a Tenant Delay. In the event Tenant does not spend the entire TI Allowance, all remaining TI Allowance funds shall remain property of Landlord. Tenant shall not be obligated to pay any charge for the 's intended use of the building services (includingPremises, but not limited to, parking, freight elevators, loading docks, air handling capacity, utilization of its access to the building chases for ducting purposes, and electricity) during construction of Landlord’s Work Premises or during Tenant’s its ability to move into the Premises. By no later than thirty (30) days after completion of Landlord's Work, the Tenant shall furnish to the Landlord a punch list of such items of construction of Landlord's Work which are then incomplete or defective and which require correction by Landlord's Contractor. The loading dock which may Landlord agrees to exercise good faith efforts to cause such punch list items to be used corrected within thirty (30) days of receipt of the punch list, or such longer period as is reasonably required if the nature of the corrective work cannot be performed within thirty (30) days. If Landlord's Work is delayed for any of the reasons set forth in parts (i) through (v) below, Landlord's Work shall be deemed to have been substantially completed at the time it would have been completed if not for such delay: (i) a default by Tenant during under the Term terms of this Lease; (ii) changes to any of the plans or specifications for Landlord's Work requested by Tenant and agreed to by Landlord (which delay, shall be identified by Landlord at the time of approval); (iii) a request by Tenant for materials, fixtures or installations other than those in Landlord's building standard or those contained in the plans and specifications set forth in Exhibit G ; (iv) the performance of any work or installations by Tenant or contractors hired by Tenant; or (v) any other act or omission caused by or on behalf of Tenant, its contractors, agents, servants or employees which delay the construction. Landlord's Work shall be performed in a ground floor plan to be attached hereto as Exhibit A-1good and first-class workmanlike manner, and shall comply with all applicable laws and regulations including the Americans with Disabilities Act of 1990. Landlord shall provide for assign to Tenant any rights in third party warranties related to work performed and materials supplied exclusively in the performance of Landlord's Work and which are assignable to Tenant’s exclusive use a generator with an output not to exceed 250kW. ; however, notwithstanding any such assignment Landlord shall contribute an amount not also retain all rights to exceed $50,000 towards the generator costs, which shall include but are not limited to the procurement and installation of the generator and transfer switch (collectively, the “Generator Installation Costs”), but shall exclude any costs related to any dunnage installation to the Building necessary to install the generator (the “Generator Dunnage Costs”)such warranties. The Generator Dunnage Costs All materials used shall be the sole responsibility of Landlord. All Generator Installation Costs in excess of Landlord’s $50,000 contribution, exclusive of the Generator Dunnage Costs, shall be borne by Tenant. In addition, Tenant shall have the right, subject to Article 6.2.4, to install HVAC equipment, antennas and satellite dishes on the roof or other part of the Buildingnew.
Appears in 1 contract
Landlord’s Work. Except for the work to be performed by Landlord shall perform improvements as expressly set forth on attached Exhibit B, if any (the “Landlord’s Work”) in ), Landlord shall only be obligated to provide the Premises, including the floor slab, exterior walls, columns, beams, roof and all other structural and non-structural elements on or within the Premises to Tenant in accordance its present condition, absolutely “as is, where is, with all faults.” Landlord’s Work, if any, shall, at the attached Work Letter and all such improvements shall be in compliance time of installation, comply with all applicable laws, codes ordinances, rules and regulations. Landlord shall engage The Richmond Group as the general contractor for the performance of the tenant improvements in the Work Letter that are identified with an “X” in the column labeled “Tenant” (the ‘‘Tenant Items”). The items on the Work Letter that are identified with an “X” in the column labeled “Landlord” shall be performed by Landlord at Landlord’s sole cost and expense with contractors chosen at Landlord’s sole and absolute discretion. All costs for the Tenant Items in the Work Letter shall be paid solely with funds from the TI Allowance (defined below). Notwithstanding anything herein to the contrary, Landlord shall not be required to spend more than the TI Allowance (defined below) for the Tenant Items and any cost of the portions of Landlord’s Work that are Tenant Items which are in excess of the TI Allowance shall be paid by Tenant. For purposes of this Lease, “substantial completion” of Landlord’s Work shall be deemed to occur when the Premises are ready for Tenant’ occupancy except for minor items which do not cause material interference with Tenant’s use and occupancy of the Premises with Landlord having obtained a certificate of occupancy for the Premises. If substantial completion of Landlord’s Work is delayed by a Tenant Delay, then substantial completion shall be deemed to occur on the date on which the Landlord’s Work in the Premises would have been substantially completed but for the occurrence of any Tenant Delay. As used herein, a “Tenant Delay” shall mean each day of delay in the performance of the Landlord’s Work that occurs (a) because of Tenant’s failure to timely deliver or approve any required documentation such as any design or space plans (it being agreed that Tenant shall have a reasonable time to review and comment on any such design or space plan, which reasonable time shall be no less than five (5) business days), (b) because of any change by Tenant to any design or space plans after the same have been approved as final by Tenant in writing, or (c) because Tenant or its employees, agents, or contractors otherwise delay completion of the Landlord’s Work. On or before October 15 2018, Tenant’s architect shall deliver all plans, drawings, narratives and other materials required for submission of a TAA to Massport. For avoidance of doubt, Tenant’s failure to cause its architect to delivery such plans by such date shall be a Tenant Delay. In the event Tenant does not spend the entire TI Allowance, all remaining TI Allowance funds shall remain property of Landlord. Tenant shall not be obligated to pay any charge for the use of the building services (regulations including, but not limited to, parkingthe Occupational Safety and Health Act (“OSHA”) and the American with Disabilities Act of 1990, freight elevators, loading docks, air handling capacity, utilization as amended from time to time (“ADA”). Tenant’s taking possession of the building chases for ducting purposes, and electricity) during construction Premises shall be conclusive evidence of Landlord’s Work or during Tenant’s move into the Premises. The loading dock which may be used by Tenant during the Term shall be identified on a ground floor plan to be attached hereto as Exhibit A-1acceptance thereof in good order and satisfactory condition. Landlord shall provide for Tenant’s exclusive use a generator with an output not to exceed 250kW. Landlord shall contribute an amount not to exceed $50,000 towards the generator costs, which shall include but are not limited to the procurement and installation deliver possession of the generator Arcade space to Tenant on April 6, 2008 and transfer switch (collectivelythe IMAX Theatre, the “Generator Installation Costs”)Tut Museum and Tut Retail Space on April 13, but shall exclude any costs related to any dunnage installation to the Building necessary to install the generator 2008 (the “Generator Dunnage CostsDelivery Date”) (or such later date as is mutually agreed upon by Landlord and Tenant, such agreement not to be unreasonably withheld, conditioned or delayed). The Generator Dunnage Costs Landlord and Tenant shall be each have a right to terminate this Lease with neither having any further obligation or liability if the sole responsibility Delivery Date does not occur on or before July 1, 2008. Subject to the terms and conditions of Landlord. All Generator Installation Costs this Lease, including the Exhibits hereto, Tenant agrees that no representation respecting the condition of the Premises and no warranties or guarantees, expressed or implied, with respect to workmanship or any defects in excess of material, and no promise to decorate, alter, repair or improve the Premises either before or after the execution hereof (except to the extent expressly provided on attached Exhibit B, if at all), have been made by Landlord or Landlord’s $50,000 contribution, exclusive of the Generator Dunnage Costs, shall be borne by agents to Tenant. In addition, Tenant shall have the right, subject to Article 6.2.4, to install HVAC equipment, antennas and satellite dishes on the roof or other part of the Building.
Appears in 1 contract
Sources: Lease (Premier Exhibitions, Inc.)
Landlord’s Work. After having obtained the Permits, Landlord shall perform improvements (the “Landlord’s Work”) in construct the Premises and related improvements on the Premises Site on a turnkey basis at no cost to Tenant, in accordance with the Plans and Specifications attached hereto as Exhibit "C" and in accordance with the zoning, building, environmental, health and safety codes of the governmental units in which the Premises are situated ("Landlord's Work"). Landlord's Work Letter shall also include the construction of the Shared Driveway and the Cross Access Areas as set forth more fully in the Deed Restrictions. One-half (1/2) of all such improvements costs related to the initial construction of the Shared Driveway and a proportionate share of the cost related to that portion of the Cross Access Areas located on the Premises shall be included in compliance with all applicable lawsthe Premises Cost for purposes of this Lease and, codes and regulationsas such, included in the determination of Fixed Monthly Rent. Landlord shall engage The Richmond Group be responsible for obtaining reimbursement for any other costs for constructing the Shared Driveway and the Cross Access Areas from the adjacent landowner as .more specifically provided in the general contractor Deed Restrictions. Landlord shall complete all foundations for the performance principal building improvements to be constructed on the Premises (to "Commence Construction" as defined in the Colorado Mills " Purch▇▇▇ ▇nd Sale Agreement) on "or before three (3) months after the recording of the tenant improvements in the Deed. Restrictions. Landlord's Work Letter that are identified with an “X” in the column labeled “Tenant” (the ‘‘Tenant Items”). The items on the Work Letter that are identified with an “X” in the column labeled “Landlord” shall be performed by Landlord at Landlord’s sole cost substantially completed, excepting Punchlist Items (as hereinafter defined), and expense with contractors chosen at Landlord’s sole and absolute discretion. All costs possession of the completed Premises shall be delivered to Tenant for the commencement of Tenant's Work within the Construction Period, delays due to Force Majure. event▇ ▇▇▇▇pted. Tenant Items in the Work Letter shall be paid solely with funds from the TI Allowance (defined below). Notwithstanding anything herein to the contrary, Landlord shall not be required to spend more than the TI Allowance (defined below) for the Tenant Items and any cost of the portions of Landlord’s Work that are Tenant Items which are in excess of the TI Allowance shall be paid by Tenant. For purposes of this Lease, “substantial completion” of Landlord’s Work shall be deemed to occur when have accepted the Premises are ready for provided Landlord's Work is substantially complete, excepting punchlist Items which Landlord shall be obligated to complete as set forth in Section 15.4, and provided further that Tenant is able to perform Tenant’ occupancy except for minor items which do not cause material 's Work without unreasonable interference with by Landlord. Conditioned upon Tenant’s use and occupancy 's providing Landlord reasonable assurance that Tenant's placement ofa satellite dish on the roof of the Premises with Landlord having obtained a certificate of occupancy for the Premises. If substantial completion of Landlord’s Work is delayed by a Tenant Delay, then substantial completion shall be deemed to occur on the date on which the Landlord’s Work in the Premises would have been substantially completed but for the occurrence of any Tenant Delay. As used herein, a “Tenant Delay” shall mean each day of delay in the performance of the Landlord’s Work that occurs (a) because of Tenant’s failure to timely deliver or approve any required documentation such as any design or space plans (it being agreed that Tenant shall have a reasonable time to review and comment on any such design or space plan, which reasonable time shall be no less than five (5) business days), (b) because of any change by Tenant to any design or space plans after the same have been approved as final by Tenant in writing, or (c) because Tenant or its employees, agents, or contractors otherwise delay completion of the Landlord’s Work. On or before October 15 2018, Tenant’s architect shall deliver all plans, drawings, narratives and other materials required for submission of a TAA to Massport. For avoidance of doubt, Tenant’s failure to cause its architect to delivery such plans by such date shall be a Tenant Delay. In the event Tenant does will not spend the entire TI Allowance, all remaining TI Allowance funds shall remain property of Landlord. Tenant shall not be obligated to pay any charge for the use of the building services (including, but not limited to, parking, freight elevators, loading docks, air handling capacity, utilization of the building chases for ducting purposes, and electricity) during construction of Landlord’s Work or during Tenant’s move into the Premises. The loading dock which may be used by Tenant during the Term shall be identified on a ground floor plan to be attached hereto as Exhibit A-1. Landlord shall provide for Tenant’s exclusive use a generator with an output not to exceed 250kW. Landlord shall contribute an amount not to exceed $50,000 towards the generator costs, which shall include but are not limited to the procurement and installation of the generator and transfer switch (collectively, the “Generator Installation Costs”), but shall exclude any costs related to any dunnage installation to the Building necessary to install the generator (the “Generator Dunnage Costs”). The Generator Dunnage Costs shall be the sole responsibility of Landlord. All Generator Installation Costs in excess of Landlord’s $50,000 contribution, exclusive of the Generator Dunnage Costs, shall be borne by Tenant. In additionvoid applicable roof warranties, Tenant shall have the right, subject to Article 6.2.4, right to install HVAC equipment, antennas and satellite dishes on the roof or other part of the BuildingPremises a satellite dish in accordance with plans and specifications set forth on Exhibit "C". Upon expiration or earlier termination of this Lease, Tenant shall remove any satellite dish and related equipment installed on the roof of the Premises and repair any damage caused in connection therewith.
Appears in 1 contract
Sources: Assignment and Assumption of Lease (Aei Real Estate Fund Xviii Limited Partnership)
Landlord’s Work. Landlord (a) Landlord, at Landlord’s sole cost and expense, shall perform improvements the work (the “Landlord’s Work”) set forth in the job budget (the “Job Budget”) prepared by Vantage Builders, Inc., dated May 22, 2014, consisting of two (2) pages, and attached hereto as Exhibit D (Job Budget) in order to deliver the Premises in accordance with the space plan prepared by Design-Science, dated April 29, 2014, consisting of one (1) page, and attached Work Letter and all such improvements shall be in compliance with all applicable laws, codes and regulations. Landlord shall engage The Richmond Group hereto as the general contractor for the performance Exhibit A (Plan of the tenant improvements in the Work Letter that are identified with an “X” in the column labeled “Tenant” Premises).
(the ‘‘b) Subject to delays due to events of Force Majeure (as hereinafter defined) or Tenant Items”Delay (as hereinafter defined). The items on the Work Letter that are identified with an “X” in the column labeled “Landlord” shall be performed by Landlord at Landlord’s sole cost and expense with contractors chosen at Landlord’s sole and absolute discretion. All costs for the Tenant Items in the Work Letter shall be paid solely with funds from the TI Allowance (defined below). Notwithstanding anything herein to the contrary, Landlord shall not be required use reasonable care and diligence to spend more than the TI Allowance (defined below) for the Tenant Items and any cost of the portions of complete Landlord’s Work as quickly and efficiently as possible, but Tenant shall have no claim against Landlord for failure to complete Landlord’s Work; provided, however, that are in the event that Landlord does not Substantially Complete (as hereinafter defined) Landlord’s Work on or before June 27, 2014 (the “Outside Completion Date”), Landlord shall provide Tenant Items which are in excess with a license to use a portion of the TI Allowance shall be paid by Tenant. For purposes 2nd Floor of the Building measuring approximately 2,426 rentable square feet, and shown on Exhibit F (Plan of Temporary Premises) to this Lease, Lease (the “substantial completion” of Temporary Premises”).
(c) Landlord’s Work shall be deemed performed in a Building Standard manner using Building Standard materials.
(d) If Tenant wants Landlord to occur when perform or supply any additional work or non-Building Standard work, installations, materials or finishes (“Extra Work”) over and above, or in lieu of, Landlord’s Work, Landlord may refuse such request for Extra Work. Any agreement to do Extra Work must be in writing describing the Premises are ready for Tenant’ occupancy except for minor items which do not cause material interference with Tenant’s use Extra Work, the price to be paid by Tenant and occupancy of the Premises with Landlord having obtained a certificate of occupancy any payment terms therefor. Any and all costs incurred for the Premisespreparation, filing or approval of plans and specifications relating to Extra Work shall be paid for by Tenant without regard to whether or not Landlord agrees to do Extra Work. If Tenant fails to make any agreed payment for Extra Work within five (5) days after Landlord invoices Tenant for the same, Landlord shall have the same remedies against Tenant for such non-payment as for non-payment of any other item of Rent.
(e) Notwithstanding anything contained herein or elsewhere in this Lease to the contrary, if there is any increase in Landlord’s cost for Landlord’s Work or if Landlord is delayed in substantial completion of Landlord’s Work is delayed as a result of: (i) Landlord’s performance of Extra Work; or (ii) the performance of any work by a Tenant Delayor Tenant’s Agents, then substantial completion then, in such event, (a) Tenant shall be responsible for the increase in Landlord’s cost for Landlord’s Work, and (b) the Commencement Date shall be deemed to occur on be the date on which the Landlord’s Work in the Premises would have been substantially completed Substantially Complete but for the occurrence of any Tenant Delay. As used herein, a “Tenant Delay” shall mean each day of delay in the performance of the Landlord’s Work that occurs (a) because of Tenant’s failure to timely deliver or approve any required documentation such as any design or space plans (it being agreed that Tenant shall have a reasonable time to review and comment on any such design or space plan, which reasonable time shall be no less than five (5) business days), (b) because of any change by Tenant to any design or space plans after the same have been approved as final by Tenant in writing, or (c) because Tenant or its employees, agents, or contractors otherwise delay completion of the Landlord’s Work. On or before October 15 2018, Tenant’s architect shall deliver all plans, drawings, narratives and other materials required for submission of a TAA to Massport. For avoidance of doubt, Tenant’s failure to cause its architect to delivery such plans by such date shall be a Tenant Delay. In the event Tenant does not spend the entire TI Allowance, all remaining TI Allowance funds shall remain property of Landlord. Tenant shall not be obligated to pay any charge for the use of the building services (including, but not limited to, parking, freight elevators, loading docks, air handling capacity, utilization of the building chases for ducting purposes, and electricity) during construction of Landlord’s Work or during Tenant’s move into the Premises. The loading dock which may be used by Tenant during the Term shall be identified on a ground floor plan to be attached hereto as Exhibit A-1. Landlord shall provide for Tenant’s exclusive use a generator with an output not to exceed 250kW. Landlord shall contribute an amount not to exceed $50,000 towards the generator costs, which shall include but are not limited to the procurement and installation of the generator and transfer switch (collectively, the “Generator Installation Costs”), but shall exclude any costs related to any dunnage installation to the Building necessary to install the generator (the “Generator Dunnage Costs”). The Generator Dunnage Costs shall be the sole responsibility of Landlord. All Generator Installation Costs in excess of Landlord’s $50,000 contribution, exclusive of the Generator Dunnage Costs, shall be borne by Tenant. In addition, Tenant shall have the right, subject to Article 6.2.4, to install HVAC equipment, antennas and satellite dishes on the roof or other part of the Buildingdelay.
Appears in 1 contract
Landlord’s Work. Landlord shall perform improvements (The parties acknowledge the “Landlord’s Work”) demised premises will be delivered in an "as is" condition, except for the Premises in accordance with the attached Work Letter and all such improvements following items which shall be in compliance with all applicable laws, codes and regulations. Landlord shall engage The Richmond Group as the general contractor for the performance of the tenant improvements in the Work Letter that are identified with an “X” in the column labeled “Tenant” (the ‘‘Tenant Items”). The items on the Work Letter that are identified with an “X” in the column labeled “Landlord” shall be performed by Landlord 's obligation to perform at Landlord’s its sole cost and expense with contractors chosen at ("Landlord’s sole and absolute discretion. All costs for 's Work"): Following the Tenant Items satisfaction or waiver of the contingencies set forth in Articles 40 through 44 inclusive below, Landlord shall remove all then-existing Hazardous Materials (as defined in Article 26 below) as shown in the Work Letter shall Phase II Environmental Report to be paid solely with funds prepared by Landlord from the TI Allowance (defined below)demised premises and restore the surface of the demised premises to its condition existing prior to such removal, and shall provide Tenant with a certification from the party performing the remediation of Hazardous Materials showing that all Hazardous Materials required to be removed or abated pursuant to this Section 5 have been removed or abated in accordance with applicable law. Landlord shall deliver the demised premises to Tenant, with all of Landlord's Work completed, on or before March 1, 1997. Notwithstanding anything herein to the contrarycontrary set forth herein, Landlord shall not be required obligated to spend more than the TI Allowance (defined below) for the Tenant Items and remove any cost of the portions of Landlord’s Work that are Tenant Items such Hazardous Materials which are in compliance with applicable law and whose presence would not in any manner interfere with Tenant's ability to secure all permits and authorizations required to develop and use the Property for Tenant's intended use or materially interfere with Tenant's use and enjoyment of the Property; provided, Landlord shall remain liable for removal of any such Hazardous Materials should the presence of any such Hazardous Materials materially interfere with Tenant's use and enjoyment of the Property. Further, if the estimated cost of Landlord's Work shall exceed Two Hundred Thousand Dollars ($200,000), Landlord shall have the right to terminate this Lease in lieu of performing Landlord's Work unless Tenant shall agree to pay all costs of Landlord's Work in excess of Two Hundred Thousand Dollars ($200,000). Further notwithstanding anything to the TI Allowance shall be paid by Tenant. For purposes of this Lease, “substantial completion” of Landlord’s Work shall be deemed to occur when the Premises are ready for Tenant’ occupancy except for minor items which do not cause material interference with Tenant’s use and occupancy of the Premises with Landlord having obtained a certificate of occupancy for the Premises. If substantial completion of Landlord’s Work is delayed by a Tenant Delay, then substantial completion shall be deemed to occur on the date on which the Landlord’s Work in the Premises would have been substantially completed but for the occurrence of any Tenant Delay. As used contrary set forth herein, a “Tenant Delay” shall mean each day of delay in the performance of the Landlord’s Work that occurs (a) because of Tenant’s failure to timely deliver or approve any required documentation such as any design or space plans (it being agreed that Tenant shall have a reasonable time to review and comment on any such design or space plan, which reasonable time shall be no less than five (5) business days), (b) because of any change by Tenant to any design or space plans after the same have been approved as final by Tenant in writing, or (c) because Tenant or its employees, agents, or contractors otherwise delay completion of the Landlord’s Work. On or before October 15 2018, Tenant’s architect shall deliver all plans, drawings, narratives and other materials required for submission of a TAA to Massport. For avoidance of doubt, Tenant’s failure to cause its architect to delivery such plans by such date shall be a Tenant Delay. In the event Tenant does not spend the entire TI Allowance, all remaining TI Allowance funds shall remain property of Landlord. Tenant Landlord shall not be obligated to pay any charge for remove or abat▇ ▇▇▇ asbestos or asbestos containing materials contained within the use of the building services (including, but not limited to, parking, freight elevators, loading docks, air handling capacity, utilization of the building chases for ducting purposes, and electricity) during construction of Landlord’s Work or during Tenant’s move into the Premises. The loading dock which may be used by Tenant during the Term shall be identified on a ground floor plan to be attached hereto as Exhibit A-1. Landlord shall provide for Tenant’s exclusive use a generator with an output not to exceed 250kW. Landlord shall contribute an amount not to exceed $50,000 towards the generator costs, which shall include but are not limited to the procurement and installation of the generator and transfer switch (collectively, the “Generator Installation Costs”), but shall exclude any costs related to any dunnage installation to the Building necessary to install the generator (the “Generator Dunnage Costs”). The Generator Dunnage Costs shall be the sole responsibility of Landlord. All Generator Installation Costs in excess of Landlord’s $50,000 contribution, exclusive of the Generator Dunnage Costs, shall be borne by Tenant. In addition, Tenant shall have the right, subject to Article 6.2.4, to install HVAC equipment, antennas and satellite dishes buildings located on the roof or other part of the BuildingWill▇▇▇▇ ▇▇▇cel.
Appears in 1 contract
Landlord’s Work. (a) Landlord shall perform construct or cause the construction of the Building and the Improvements, and any necessary or appropriate off-site improvements (the “Off-Site Improvements”), including the Cross Pointe Boulevard and Proposed Columbia Street road improvements, acceleration and deceleration lanes, traffic signalization and control devices, curb cuts and driveways, on-site and/or off-site retention ponds, storm water and sanitary sewer drainage, and easements for access, maintenance and use thereof (collectively, the “Landlord’s Work”), in substantial compliance with the Plans and Specifications (herein defined) which Landlord shall cause to be prepared and submitted to Tenant for its approval, which shall not be unreasonably withheld, conditioned or delayed. Landlord and Tenant have agreed to a set of preliminary plans for site design and building and office design, as more particularly described in Exhibit C attached hereto and incorporated herein by this reference, and specifications attached hereto as Exhibit D and incorporated herein by this reference (collectively the “Plans and Specifications”). Once the parties have approved final plans for the Leased Premises, the same shall be attached hereto as Exhibit C-1 and shall be incorporated herein by this reference, and shall supercede the preliminary plans initially attached to this Lease as Exhibit C, and such final plans then identified as Exhibit C-1 to the Lease shall be and form a part of the Plans and Specifications. Landlord shall, at its sole costs and expense, on or before the earlier of the Scheduled Completion Date (as herein defined) or the date on which Landlord tenders delivery of the Premises to Tenant: (i) obtain all permits and approvals necessary for the completion of Landlord’s Work, including but not limited to such approvals as may be necessary or appropriate by, through or under that certain Declaration of Protective Covenants Cross Pointe Phase II (the “Declaration”) and any and all associations created thereunder or in accordance therewith, including but not limited to the Architectural Review Committee as defined in the Declaration (the “Association”); (ii) complete Landlord’s Work in compliance with the Plans and Specifications, all applicable laws, statutes, ordinances, rules and regulations, the Declaration and any Association requirements, and deliver to Tenant a copy of (A) the Certificate of Occupancy for the Premises issued by the appropriate local jurisdictional authority, and (B) any and all other such permits and/or approvals as may have been required of Landlord hereunder or by local, state or federal authorities in connection with Landlord’s Work; and (iii) pay all taxes and fees (including but not limited to all tap-in and impact fees) applicable to the construction and delivery of the Leased Premises.
(b) Landlord shall receive up to three (3) subcontractor bids for any changes to the final Plans and Specifications (any such change a “Change Order”). Landlord and Tenant shall review Change Order bids together. Landlord and Tenant shall agree in writing which subcontractor bid is elected for completion of said Change Order. All Change Orders must be approved in writing by both Landlord and Tenant prior to Landlord initiating any Change Order. For each additional Four Thousand Eight Hundred Dollars ($4,800.00) in Change Order cost requested by Tenant, the annual Rent per square foot shall go up by an amount equal to $.01.
(c) Landlord shall complete Landlord’s Work and deliver the Leased Premises to Tenant no later than March 1, 2007 (the “Scheduled Completion Date”). If Landlord reasonably anticipates that the Leased Premises may not be delivered to Tenant by the Scheduled Completion Date, Landlord shall provide Tenant with written notice thereof not later than sixty (60) days prior to the Scheduled Completion Date. On or before the earlier of the Scheduled Completion Date (as herein defined) or the date on which Landlord tenders delivery of the Premises to Tenant, Landlord shall deliver to Tenant a copy of (i) the Certificate of Occupancy for the Premises issued by the appropriate local jurisdictional authority, and (ii) a copy of a certificate of substantial completion issued by its architect indicating that the Building and the Improvements have been completed in accordance with the attached Work Letter Plans and all Specifications and the requirements of this Lease, subject to identified “punch-list” items which do not materially affect Tenant’s ability to use the Building and the Improvements for the purpose of conducting its normal business operations. Within ten (10) business days after the Scheduled Completion Date, or such improvements earlier date that Landlord shall deliver the Leased Premises to Tenant substantially complete and otherwise in the condition required by the terms of this Lease, Tenant shall complete its inspection of the Leased Premises. If Tenant agrees that the Building and Improvements are substantially complete, subject only to Landlord’s punch-list items, Tenant shall promptly confirm substantial completion of the Building and Improvements in writing to Landlord, and the date of such confirmation shall be the “Date of Substantial Completion”, and Rent shall commence as scheduled in compliance with all applicable lawsSection 3(a); provided, codes and regulations. Landlord however, in no event shall engage The Richmond Group as the general contractor Date of Substantial Completion be deemed to have occurred until a Certificate of Occupancy for the performance of Premises shall have been issued by the tenant improvements in the Work Letter that are identified with an “X” in the column labeled “Tenant” (the ‘‘appropriate local jurisdictional authority and Tenant Items”). The items on the Work Letter that are identified with an “X” in the column labeled “Landlord” shall be performed by Landlord at Landlord’s sole cost and expense with contractors chosen at Landlord’s sole and absolute discretion. All costs for the Tenant Items in the Work Letter shall be paid solely with funds from the TI Allowance (defined below). Notwithstanding anything herein to the contrary, Landlord shall not be required to spend more than accept the TI Allowance (defined below) for the Tenant Items and any cost of the portions of Premises until Landlord’s Work that are Tenant Items which are is complete. The parties will resolve any dispute concerning substantial completion in excess good faith; all punch-list items shall be complete and final completion achieved within thirty (30) days of the TI Allowance shall be paid by Tenant. For purposes Date of this Lease, “substantial completion” of Landlord’s Work shall be deemed to occur when the Premises are ready for Tenant’ occupancy except for minor items which do not cause material interference with Tenant’s use Substantial Completion.
(d) Landlord and occupancy Tenant recognize that time is of the Premises essence with Landlord having obtained a certificate of occupancy for the Premises. If substantial regard to completion of Landlord’s Work Work, and that Tenant will suffer business interruption and financial loss if the work is delayed not completed within the time specified in Subsection 5(c). The parties also recognize the delays, expenses and difficulties involved in proving in any legal proceeding the loss suffered by Tenant if the work is not totally completed and the Leased Premises delivered to Tenant on time. Accordingly, instead of requiring any such proof, Tenant and Landlord agree that as liquidated damages for delay (but not as a penalty) Tenant Delayshall receive as a credit against Rent hereunder, then substantial completion shall be deemed an amount equal to occur on one day of free Rent for each day past the date Scheduled Completion Date on which Landlord delivers the Landlord’s Work Leased Premises to Tenant in the Premises would have been substantially completed but for condition required by the occurrence terms of any this Lease. Tenant Delay. As used herein, and Landlord agree that the above estimate of liquidated damages is a “reasonable effort by both parties to quantify the amount of damages likely to be suffered by Tenant Delay” shall mean each day in the event of delay in the performance completion and delivery of the Landlord’s Work that occurs (a) because of Tenant’s failure to timely deliver or approve any required documentation such as any design or space plans (it being agreed that Tenant shall have a reasonable time to review and comment on any such design or space plan, which reasonable time shall be no less than five (5) business days), (b) because of any change by Tenant to any design or space plans after the same have been approved as final by Tenant in writing, or (c) because Tenant or its employees, agents, or contractors otherwise delay completion of the Landlord’s Work. On or before October 15 2018, Tenant’s architect shall deliver all plans, drawings, narratives and other materials required for submission of a TAA to Massport. For avoidance of doubt, Tenant’s failure to cause its architect to delivery such plans by such date shall be a Tenant Delay. In the event Tenant does not spend the entire TI Allowance, all remaining TI Allowance funds shall remain property of Landlord. Tenant shall not be obligated to pay any charge for the use of the building services (including, but not limited to, parking, freight elevators, loading docks, air handling capacity, utilization of the building chases for ducting purposes, and electricity) during construction of Landlord’s Work or during Tenant’s move into the Leased Premises. The loading dock which may be used by Tenant during the Term shall be identified on a ground floor plan to be attached hereto as Exhibit A-1. Landlord shall provide for Tenant’s exclusive use a generator with an output not to exceed 250kW. Landlord shall contribute an amount not to exceed $50,000 towards the generator costs, which shall include but are not limited to the procurement and installation of the generator and transfer switch (collectively, the “Generator Installation Costs”), but shall exclude any costs related to any dunnage installation to the Building necessary to install the generator (the “Generator Dunnage Costs”). The Generator Dunnage Costs shall be the sole responsibility of Landlord. All Generator Installation Costs in excess of Landlord’s $50,000 contribution, exclusive of the Generator Dunnage Costs, shall be borne by Tenant. In addition, Tenant shall have the right, subject to Article 6.2.4, to install HVAC equipment, antennas and satellite dishes on the roof or other part of the Building.
Appears in 1 contract
Sources: Lease (Shoe Carnival Inc)
Landlord’s Work. This Exhibit is attached to and made a part of the Lease by and between NORMANDY ▇▇▇▇▇▇▇▇▇ ROAD, LLC, a Delaware limited liability company (“Landlord”) and BIO-KEY INTERNATIONAL, INC., a Delaware corporation (“Tenant”) for space in the Building located at ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇, Marlborough, Massachusetts 01752. Landlord shall perform improvements and Tenant have attached to this Lease as Exhibit F-1 preliminary plans and specifications for the construction of the Premises (the “Landlord’s Landlord Work”) which have been approved by Landlord and Tenant (the “Plans”). Subject to Tenant’s delivery of $3,000 to Landlord as Tenant’s contribution for installation of electrical outlets set forth in item 13 of Exhibit F-1 prior to commencement of construction, Landlord agrees to construct the Premises on a “turnkey basis” in accordance with the attached Work Letter and all such improvements Plans, which construction shall be completed in a good and workmanlike manner and in compliance with all applicable laws, codes laws and regulations. Landlord shall engage The Richmond Group as In the general contractor for the performance of the tenant improvements in the Work Letter that are identified with an “X” in the column labeled “Tenant” (the ‘‘event Tenant Items”). The items on the Work Letter that are identified with an “X” in the column labeled “Landlord” shall be performed by Landlord at Landlord’s sole cost and expense with contractors chosen at Landlord’s sole and absolute discretion. All costs for the Tenant Items in the Work Letter shall be paid solely with funds from the TI Allowance (defined below). Notwithstanding anything herein desires any changes to the contraryPlans, Landlord shall not be required to spend more than the TI Allowance (defined below) for the Tenant Items and any cost of the portions of Landlord’s Work that are Tenant Items which are in excess of the TI Allowance shall be paid by Tenant. For purposes of this Lease, “substantial completion” of Landlord’s Work shall be deemed to occur when the Premises are ready for Tenant’ occupancy except for minor items which do not cause material interference with Tenant’s use and occupancy of the Premises with Landlord having obtained a certificate of occupancy for the Premises. If substantial completion of Landlord’s Work is delayed by a Tenant Delay, then substantial completion shall be deemed to occur on the date on which the Landlord’s Work in the Premises would have been substantially completed but for the occurrence of any Tenant Delay. As used herein, a “Tenant Delay” shall mean each day of delay in the performance of the Landlord’s Work that occurs (a) because of Tenant’s failure to timely deliver or approve any required documentation such as any design or space plans (it being agreed that Tenant shall have a reasonable time submit to review and comment on any such design or space plan, which reasonable time shall be no less than Landlord proposed changes to the Plans. Within five (5) business daysdays after receipt of any proposed changes from Tenant, Landlord shall approve or reject same and if rejecting same, shall state the reasons for such rejection, and Landlord’s approval shall not be unreasonably withheld or delayed, except that Landlord shall have complete discretion with regard to granting or withholding approval of the portions of the changes to the extent the they would impact the Building’s structure or systems, affect future marketability of the Premises or Building or would be visible from the common facilities or exterior of the Building. Landlord shall, upon granting of any approval, notify Tenant of the amount of additional cost arising therefrom, if any, which shall include Landlord’s designated contractor’s Profit of ten percent (10%) (“Additional Construction Cost”), which Tenant shall pay to Landlord upon demand, and the amount of additional time required by Landlord to implement and complete said changes. Tenant reserves the right to approve the undertaking of such subcontractor work within five (b5) because business days of the date Landlord provides Tenant with the Additional Construction Cost. If Tenant fails to notify Landlord in writing that Tenant does not approve such contractor work, Tenant shall be deemed to have approved same. Tenant hereby acknowledges that any change failure by Tenant to any design or space plans after the same have been approved as final by Tenant approve such subcontractor work may result in writing, or (c) because Tenant or its employees, agents, or contractors otherwise a delay in completion of the Landlord’s Work. On or before October 15 2018In the event of a rejection by Landlord of any proposed changes, Tenant may revise such changes and re-submit them pursuant hereto. No plans submitted to Landlord shall be considered to be Plans unless they are submitted to Landlord signed and in proper and sufficient form for Landlord to obtain all necessary permits and approvals to construct the Premises in accordance with such Plans. All change order requests and information pertaining thereto shall be conveyed to Landlord by , Tenant’s architect shall deliver all plans, drawings, narratives and other materials required for submission of a TAA to Massport. For avoidance of doubt, Tenant’s failure to cause its architect to delivery such plans by such date shall be a Tenant Delaydesignated representative. In the event Tenant does not spend desires any change in the entire TI Allowance, all remaining TI Allowance funds shall remain property of Landlord. Tenant shall not be obligated to pay any charge for the use of the building services (including, but not limited to, parking, freight elevators, loading docks, air handling capacity, utilization of the building chases for ducting purposes, and electricity) during construction of Landlord’s Work or during Tenant’s move into the Premises. The loading dock which may be used by Tenant during the Term shall be identified on a ground floor plan to be attached hereto as Exhibit A-1. Landlord shall provide for Tenant’s exclusive use a generator with an output not to exceed 250kW. Landlord shall contribute an amount not to exceed $50,000 towards the generator costs, which shall include but are not limited to the procurement and installation of the generator and transfer switch (collectively, the “Generator Installation Costs”), but shall exclude any costs related to any dunnage installation to the Building necessary to install the generator (the “Generator Dunnage Costs”). The Generator Dunnage Costs shall be the sole responsibility of Landlord. All Generator Installation Costs in excess of Landlord’s $50,000 contribution, exclusive of the Generator Dunnage Costs, shall be borne by Tenant. In additionPlans, Tenant shall have submit to Landlord together with the rightproposed changes, subject instructions to Article 6.2.4Landlord as to whether to cease work or cease any segment of work while the change is in the approval process or whether Landlord should continue constructing the Premises in accordance with the Plans notwithstanding the proposed changes thereto. In the event no such instructions are given, Landlord shall continue constructing the Premises in accordance with the Plans without regard to install HVAC equipment, antennas and satellite dishes on the roof or other part of the Building.proposed changes
Appears in 1 contract
Landlord’s Work. In addition to Landlord’s Allowance, Landlord shall cause its contractor to perform improvements all work necessary within the finished walls of the existing core area restrooms on the 26th floor of the Building to cause such restrooms to comply with Legal Requirements regarding handicap access and use (using Building standard plans, materials, equipment, and finishes), to the extent such compliance work is required as of the Additional Premises Commencement Date under Legal Requirements that are applicable as of the Additional Premises Commencement Date (“Landlord’s Work”). Landlord’s Work shall be performed prior to and/or during and/or after Tenant’s completion of construction of the Initial Alterations, as Landlord shall elect, but Landlord shall in any event Substantially Complete Landlord’s Work prior to the later of (i) Tenant’s completion of the Initial Alterations, (ii) one hundred twenty (120) days after the Additional Premises Commencement Date, or (iii) Tenant’s commencement of the conduct of business in the Premises in accordance with the attached Additional Premises. Landlord’s Work Letter and all such improvements shall be deemed “Substantially Completed” when it has been completed in compliance a good and workmanlike manner, subject only to Punch List Items, and the restrooms that are the subject of Landlord’s Work may be lawfully used for their intended purposes. “Punch List Items” mean shall mean incomplete or defective work or materials in Landlord’s Work which do not materially impair Tenant’s use of the subject restrooms for their intended purposes. Following Substantial Completion of Landlord’s Work, Landlord and Tenant shall jointly inspect Landlord’s Work and prepare a list of Punch List Items with all applicable laws, codes and regulationsrespect thereto. Landlord shall engage The Richmond Group as the general contractor for the performance of the tenant improvements in the Work Letter that are identified diligently correct or complete any Punch List Items with an “X” in the column labeled “Tenant” (the ‘‘Tenant Items”)respect to Landlord’s Work. The items on the Work Letter that are identified with an “X” in the column labeled “Landlord” shall be performed by Further, Landlord shall, at Landlord’s sole cost and expense with contractors chosen at Landlord’s sole and absolute discretion. All costs for the Tenant Items expense, repair any defect in the Work Letter shall be paid solely with funds from the TI Allowance (defined below). Notwithstanding anything herein to the contrary, Landlord shall not be required to spend more than the TI Allowance (defined below) for the Tenant Items and any cost of the portions construction of Landlord’s Work that are Tenant Items which are in excess exists as of the TI Allowance shall be paid by Tenant. For purposes of this Lease, “substantial completion” of date Landlord Substantially Completes Landlord’s Work shall and is of a nature which would not normally be deemed to occur when discoverable by Tenant in the Premises are ready for Tenant’ occupancy except for minor items which do not cause material interference with Tenant’s use and occupancy exercise of reasonable diligence in inspecting the subject restrooms as of the Premises with date Tenant commences use of the subject restrooms, provided Tenant gives prompt notice of such matter to Landlord having obtained a certificate promptly upon discovery and no later than thirty (30) days after the date Tenant commences use of occupancy the subject restrooms. In no event shall Landlord be liable for the Premises. If substantial any delay in completion of Landlord’s Work is delayed caused by a Force Majeure, or any interference or by Tenant Delay, then substantial completion shall be deemed to occur on the date on which the Landlord’s Work in the Premises would have been substantially completed but for the occurrence of any Tenant Delay. As used herein, a “Tenant Delay” shall mean each day of delay or its contractors in the performance of the Landlord’s Work that occurs (a) because of Tenant’s including any failure to timely deliver or approve any required documentation such as any design or space plans (it being agreed that Tenant shall have a reasonable time to review and comment on any such design or space plan, which reasonable time shall be no less than five (5) business days), (b) because of any change by Tenant to any design or space plans after the same have been approved as final by Tenant in writing, or (c) because Tenant or its employees, agents, or contractors otherwise delay completion of to cooperate with the Landlord’s Work. On or before October 15 2018, Tenant’s architect shall deliver all plans, drawings, narratives and other materials required for submission of a TAA to Massport. For avoidance of doubt, Tenant’s failure to cause its architect to delivery such plans by such date shall be a Tenant Delay. In the event Tenant does not spend the entire TI Allowance, all remaining TI Allowance funds shall remain property of Landlord. Tenant shall not be obligated to pay any charge for the use of the building services (including, but not limited to, parking, freight elevators, loading docks, air handling capacity, utilization of the building chases for ducting purposes, and electricity) during construction of Landlord’s Work or during Tenantas set forth below). To the extent Landlord’s move into the Premises. The loading dock which may be used by Tenant Work is performed during the Term shall be identified on a ground floor plan to be attached hereto as Exhibit A-1. Landlord shall provide for Tenant’s exclusive use a generator with an output not to exceed 250kW. Landlord shall contribute an amount not to exceed $50,000 towards the generator costs, which shall include but are not limited to the procurement and installation period of construction of the generator Initial Alterations, Landlord and transfer switch (collectively, Tenant shall cause their respective contractors to cooperate with each other in the “Generator Installation Costs”), but shall exclude any costs related to any dunnage installation to coordination of the Building necessary to install the generator (the “Generator Dunnage Costs”). The Generator Dunnage Costs shall be the sole responsibility of Landlord. All Generator Installation Costs in excess construction of Landlord’s $50,000 contribution, exclusive Work and the construction of the Generator Dunnage CostsInitial Alterations, shall be borne by Tenant. In addition, Tenant shall have and the right, subject to Article 6.2.4, to install HVAC equipment, antennas and satellite dishes on the roof or other part utilization of the Building’s freight elevator(s), loading dock(s), and other Building systems and facilities, so as to ensure the efficient and timely progress to completion of all such work.
Appears in 1 contract
Sources: Office Lease (Marin Software Inc)
Landlord’s Work. a. Upon the request of Tenant and in consideration of Tenant's agreement to enter into this Lease of the Premises, Landlord shall perform improvements (has entered into the “Landlord’s Work”) in Construction Contract and will use commercially reasonable efforts to cause the Premises General Contractor to complete the construction and performance of work thereunder in accordance with the attached Work Letter Approved Plans. Tenant will lease the Improvements, once constructed, from Landlord in accordance with the terms and all such improvements shall be in compliance with all applicable laws, codes and regulations. Landlord shall engage The Richmond Group as the general contractor for the performance of the tenant improvements in the Work Letter that are identified with an “X” in the column labeled “Tenant” (the ‘‘Tenant Items”). The items on the Work Letter that are identified with an “X” in the column labeled “Landlord” shall be performed by Landlord at Landlord’s sole cost and expense with contractors chosen at Landlord’s sole and absolute discretion. All costs for the Tenant Items in the Work Letter shall be paid solely with funds from the TI Allowance (defined below). Notwithstanding anything herein to the contrary, Landlord shall not be required to spend more than the TI Allowance (defined below) for the Tenant Items and any cost of the portions of Landlord’s Work that are Tenant Items which are in excess of the TI Allowance shall be paid by Tenant. For purposes conditions of this Lease, “substantial completion” and Landlord and Tenant therefore agree that Tenant should have certain rights and obligations with respect to the performance of Landlord’s 's Work. Landlord and Tenant acknowledge that the Approved Plans for Landlord's Work are not yet complete. Landlord and Tenant agree that any proposed plan or specification of a portion of Landlord's Work or a proposed revision of an Approved Plan shall be submitted from time to time by General Contractor simultaneously to both Landlord and Tenant. Landlord agrees to promptly give commercially reasonable consideration to all proposed plans and changes to plans. Landlord agrees that it will not withhold, delay or condition its approval of a plan or specification which is approved by Tenant provided the work depicted on such plan or described in such specification, when considered together with the work depicted or described in the existing Approved Plans: (i) will not increase the total cost of the Improvements set forth in the Construction Contract, and (ii) does not materially adversely affect the anticipated soundness, structural integrity, value, utility, operation or useful life of the Improvements; provided, however, that Landlord may not withhold its approval of a plan pursuant to clause (i) above if Tenant shall agree to reimburse the cost of the affected element(s) of the Improvements in the manner set forth in section 30(j) below. If Tenant shall seek Landlord's consent to a plan which contains element(s) which materially adversely affect the value, utility, operation or useful life of the Improvements, Landlord may require, as a condition to such consent, that upon expiration or termination of this Lease, Tenant shall restore the Premises to the physical construction and condition they would have been in if such element(s) included in the plan had not been approved. Upon approval by Landlord and Tenant as provided in this paragraph, the proposed plan or specification shall be an Approved Plan.
b. So long as no Event of Default has occurred and is continuing hereunder, Landlord agrees that Landlord shall not enter into any amendment of, agree to any consent under, or give any waivers or approvals pursuant to the terms of the Construction Contract without obtaining the prior written consent of Tenant if such amendment, consent, waiver or approval would have the effect of (i) increasing any of Tenant's financial obligations under this Lease (other than an increase in Fixed Rent by reason of increased investment by Landlord, as contemplated in the Basic Lease Information), (ii) impairing or delaying in any material way Tenant's use or occupancy of the Improvements as contemplated by the Approved Plans, (iii) altering in any material adverse respect any of the Approved Plans or materially adversely affecting the soundness, structural integrity, value, utility, operation or useful life of the Improvements, or (iv) otherwise adversely affecting Tenant's rights to the use or occupancy of the Improvements as contemplated by the Approved Plans.
c. So long as no Event of Default has occurred and is continuing hereunder, Landlord and Tenant agree that any Change Orders for Landlord's Work requiring the consent of Landlord pursuant to the terms of the Construction Contract shall require the consent of both Landlord and Tenant. Accordingly, so long as no Event of Default has occurred and is continuing hereunder, Landlord agrees not to give its consent to any Change Order unless Landlord shall first have received Tenant's prior written consent to such Change Order. Each of Landlord and Tenant agrees that it shall not unreasonably withhold, condition or delay its consent to any Change Order if such Change Order, when considered together with all other Change Orders executed and delivered to such date, (i) will not increase the total cost of the Improvements except as the cost of completion in accordance with Approved Plans necessitates the increased cost; and (ii) does not materially adversely affect the soundness, structural integrity, value, utility, operation or useful life of the Improvements, so long as the Construction Contract and the payment and performance bond relating thereto shall have been amended to reflect such Change Order for Landlord's Work; provided, however, that Landlord may not withhold its approval of a Change Order pursuant to clause (i) above if Tenant shall agree to reimburse the cost of the affected element(s) of the Improvements in the manner set forth in section 30(j) below. In addition, each of Landlord and Tenant agree that it shall not unreasonably withhold, condition or delay its consent to any Change Order if such Change Order is based on the topography or configuration of the Land, local zoning requirements, or the location of adjacent buildings, and Landlord agrees to permit the cost of such Change Order to be paid out of the contingency reserve provided in the Project Budget or, to the extent permitted by the lender under the Construction Loan, the contingency reserve provided in the Construction Contract. If Tenant shall seek Landlord's consent to a Change Order which contains element(s) which materially adversely affect the value, utility, operation or useful life of the Improvements, Landlord may require, as a condition to such consent, that upon expiration or termination of this Lease, Tenant shall restore the Premises to the physical construction and condition they would have been in if such element(s) included in the Change Order had not been approved.
d. Upon delivery, installation, testing or completion of construction (including punch list items) of any aspect of Landlord's Work, as appropriate, Tenant shall inspect such aspect of Landlord's Work and, unless Tenant gives Landlord timely written notice of any defect in or other objection to such aspect of Landlord's Work, (i) Tenant shall be deemed to occur when the Premises are ready for Tenant’ occupancy except for minor items which do not cause material interference with Tenant’s use and occupancy of the Premises with Landlord having obtained a certificate of occupancy for the Premises. If substantial completion have accepted such aspect of Landlord’s 's Work is delayed by a under this Lease and (ii) Tenant Delay, then substantial completion shall be deemed to occur on have agreed that such aspect of Landlord's Work is satisfactory to Tenant in all respects and suitable for its purposes hereunder. The foregoing acceptance of Landlord's Work shall not limit Tenant's rights, if any, as against General Contractor or against third parties in respect of their warranties with respect thereto.
e. Without limiting the date on which generality of the preceding subparagraph (i) from time to time at Landlord’s 's request and (ii) in any event at such time as a component of the Improvements is Substantially Complete and any punchlist items with respect to such component have been addressed by General Contractor, Tenant shall execute and deliver an instrument confirming Tenant's acceptance of Landlord's Work or any appropriate portion thereof.
f. Tenant has received and reviewed copies of the Construction Contract and the Construction Loan Documents and accepts their terms. Landlord hereby grants to Tenant, to the extent of its right to do so under the Construction Contract, the rights of Tenant described in the Premises would have been substantially completed but for Construction Contract. In furtherance of the occurrence foregoing and not in limitation thereof, Tenant, at Tenant's sole cost and expense, agrees to cooperate with Landlord in all reasonable respects in (i) delivering prompt written responses to Landlord and, if requested, to General Contractor, in connection with any proposed amendment of, consents under, or giving of any waivers or approvals pursuant to the terms of the Construction Contract, (ii) delivering prompt written responses to Landlord and, if requested, to General Contractor, in connection with any Change Orders under the Construction Contract, (iii) satisfying conditions precedent to the advance of proceeds under the Construction Loan involving Tenant, (iv) delivering prompt written responses to Landlord and, if requested, to Lender, in connection with any proposed amendment of, consents under, or giving of any waivers or approvals pursuant to the terms of any of the Construction Loan Documents, (v) providing any estoppel certificates, documents, certificates or opinions reasonably requested by Landlord, General Contractor or Lender in connection with the transactions contemplated by the Construction Contract, this Lease and the Construction Loan Documents, and (vi) otherwise carrying out the effect and intent of the Construction Contract, this Lease and the Construction Loan Documents.
g. Tenant Delay. As used hereinshall at all times during the construction of the Improvements keep and maintain accurate books, a “records and accounts showing all materials ordered and received, and all disbursements and accounts payable in connection with the construction of the Improvements, and shall make such books, records and accounts available to Landlord, upon two business days' advance notice, for inspection and copying during normal business hours at the office of Tenant Delay” shall mean each day of delay as set forth in the performance preliminary caption of this Lease.
h. Tenant acknowledges and agrees that, in dealing with Landlord under the terms and provisions of this paragraph 30, Tenant shall be entitled to rely only on communications and statements of one of Landlord's Authorized Representatives, or such other person as Landlord may designate from time to time by written notice to Tenant.
i. Tenant shall give Landlord prompt written notice of any incident of Force Majeure, commencement of any litigation, or other interruption of the Landlord’s Work that occurs (a) because construction of Tenant’s failure the Project or which may materially interfere with the ability to timely deliver complete the warehouse component of the Improvements by September 1, 2000, or approve any required documentation such as any design or space plans (it being agreed that to complete the office building component of the Improvements by December 1, 2000.
j. If Tenant shall have agreed to pay the increased cost shown on a reasonable time proposed plan or described in a proposed specification or required by a proposed Change Order pursuant to review and comment on any section 30(a) or 30(c), respectively, Tenant shall reimburse the cost of such design or space element(s) of the Improvements in question as leasehold improvement(s) promptly after Final Completion, at a price equal to the increased cost of the work described in such plan, which reasonable time shall be no less than five (5) business days)specification or Change Order under the design/build agreement between Landlord and General Contractor, (b) because of any change plus the interest paid by Tenant Landlord used to any design or space plans after pay for such costs pursuant to loan terms arranged by Tenant, so that the same have been approved as final by Tenant in writingratio between Tenant's equity investment and the Construction Loan will, or (c) because Tenant or its employees, agents, or contractors otherwise delay upon completion of the Landlord’s WorkImprovements, remain constant, in which case any changes in Fixed Rent will be determined pursuant to the terms of this Lease. On or before October 15 2018It is understood that Landlord will fund neither its equity investment nor a draw under the Construction Loan to pay for any such cost, Tenant’s architect shall deliver all plans, drawings, narratives and other materials required for submission of a TAA to Massport. For avoidance of doubt, Tenant’s failure to cause its architect to delivery but that such plans by such date costs shall be initially paid by an accommodation third party non-recourse loan to Landlord secured either by an assignment of Tenant's cost reimbursement agreement or a Tenant Delay. In the event Tenant does not spend the entire TI Allowance, all remaining TI Allowance funds shall remain property letter of Landlord. Tenant shall not be obligated to pay any charge for the use of the building services (including, but not limited to, parking, freight elevators, loading docks, air handling capacity, utilization of the building chases for ducting purposes, and electricity) during construction of Landlord’s Work or during credit under Tenant’s move into the Premises. The loading dock which may be used by Tenant during the Term shall be identified on a ground floor plan to be attached hereto as Exhibit A-1. Landlord shall provide for Tenant’s exclusive use a generator with an output not to exceed 250kW. Landlord shall contribute an amount not to exceed $50,000 towards the generator costs, which shall include but are not limited to the procurement and installation of the generator and transfer switch (collectively, the “Generator Installation Costs”), but shall exclude any costs related to any dunnage installation to the Building necessary to install the generator (the “Generator Dunnage Costs”). The Generator Dunnage Costs shall be the sole responsibility of Landlord. All Generator Installation Costs in excess of Landlord’s $50,000 contribution, exclusive of the Generator Dunnage Costs, shall be borne by Tenant. In addition, Tenant shall have the right, subject to Article 6.2.4, to install HVAC equipment, antennas and satellite dishes on the roof or other part of the Building's credit line.
Appears in 1 contract
Sources: Lease Agreement (Holmes Group Inc)
Landlord’s Work. Landlord Landlord, at Landlord’s expense, shall perform improvements the work described on Exhibit B-1 annexed hereto and made a part hereof (the “Landlord’s Work”) in using materials of a design, manufacture, quantity and quality adopted by Landlord as standard for the Premises in accordance with Building and shall Substantially Complete such work on or before the attached Work Letter and all such improvements shall be in compliance with all applicable laws, codes and regulationsCommencement Date. Landlord shall engage The Richmond Group as the general contractor for commence the performance of Landlord’s Work promptly following the tenant improvements in the mutual execution and delivery of this Lease by Landlord and Tenant and shall use commercially reasonable efforts to complete Landlord’s Work Letter that are identified with an “X” in the column labeled “Tenant” within sixteen (16) calendar weeks thereafter, subject to delays beyond Landlord’s reasonable control and/or Tenant Delays (the ‘‘Tenant Items“Anticipated Commencement Date”). The items Notwithstanding the Anticipated Commencement Date, but subject to Paragraph 24 of the preprinted portion of this Lease, if for any reason whatsoever, Landlord shall be unable to deliver possession of the Demised Premises to Tenant on the Work Letter that are identified with an “X” said date in the column labeled “Landlord” shall be performed by Landlord at Landlord’s sole cost and expense with contractors chosen at Landlord’s sole and absolute discretion. All costs for the Tenant Items in the Work Letter shall be paid solely with funds from the TI Allowance (defined below). Notwithstanding manner required hereunder, then notwithstanding anything herein to the contrarycontrary herein contained, Landlord shall not be required subject to spend more than any liability therefor, nor shall such failure affect the TI Allowance (defined below) for the Tenant Items and any cost of the portions of Landlord’s Work that are Tenant Items which are in excess of the TI Allowance shall be paid by Tenant. For purposes validity of this LeaseLease or the obligations of Tenant hereunder or extend the Term hereof; provided, “substantial completion” of Landlord’s Work shall be deemed to occur when the Premises are ready for Tenant’ occupancy except for minor items which do not cause material interference with Tenant’s use and occupancy of the Premises with Landlord having obtained however, in such a certificate of occupancy for the Premises. If substantial completion of Landlord’s Work is delayed by a Tenant Delaycase, then substantial completion shall be deemed to occur on the date on which the Landlord’s Work in the Premises would have been substantially completed but for the occurrence of any Tenant Delay. As used herein, a “Tenant Delay” shall mean each day of delay in the performance of the Landlord’s Work that occurs (a) because of Tenant’s failure to timely deliver or approve any required documentation such as any design or space plans (it being agreed that Tenant shall have a reasonable time to review and comment on any such design or space plan, which reasonable time shall be no less than five (5) business days), (b) because of any change by Tenant to any design or space plans after the same have been approved as final by Tenant in writing, or (c) because Tenant or its employees, agents, or contractors otherwise delay completion of the Landlord’s Work. On or before October 15 2018, Tenant’s architect shall deliver all plans, drawings, narratives and other materials required for submission of a TAA to Massport. For avoidance of doubt, Tenant’s failure to cause its architect to delivery such plans by such date shall be a Tenant Delay. In the event Tenant does not spend the entire TI Allowance, all remaining TI Allowance funds shall remain property of Landlord. Tenant shall not be obligated to pay any charge for the use Fixed Rent or Additional Rent under this Lease until possession of the building services (includingPremises is tendered to Tenant in the manner required under the terms of this Lease, but and Tenant shall not limited tohave any claim against Landlord, parkingand Landlord shall have no liability to Tenant, freight elevators, loading docks, air handling capacity, utilization by reason of any such postponement. The provisions of this paragraph constitute “an express agreement to the contrary” within the meaning of Section 223-a of the building chases for ducting purposesReal Property Law, and electricity) during construction of Landlord’s Work Tenant hereby waives any rights to rescind this Lease which Tenant otherwise might have pursuant to any law now or during Tenant’s move into the Premises. The loading dock which may be used by Tenant during the Term shall be identified on a ground floor plan to be attached hereto as Exhibit A-1. Landlord shall provide for Tenant’s exclusive use a generator with an output not to exceed 250kW. Landlord shall contribute an amount not to exceed $50,000 towards the generator costs, which shall include but are not limited hereafter in force due to the procurement and installation failure or delay of Landlord to deliver possession of the generator and transfer switch (collectively, the “Generator Installation Costs”), but shall exclude any costs related Demised Premises to any dunnage installation to the Building necessary to install the generator (the “Generator Dunnage Costs”). The Generator Dunnage Costs shall be the sole responsibility of Landlord. All Generator Installation Costs in excess of Landlord’s $50,000 contribution, exclusive of the Generator Dunnage Costs, shall be borne by Tenant. In addition, Tenant shall have the right, subject to Article 6.2.4, to install HVAC equipment, antennas and satellite dishes on the roof or other part of the Building.
Appears in 1 contract
Sources: Rider to Lease Agreement (Premier Exhibitions, Inc.)
Landlord’s Work. (a) Landlord shall perform cause the construction of the Building and other improvements (the “Landlord’s Work”) in to the Premises by a general contractor selected by Landlord, in substantial accordance with the Final Plans ("Landlord's Work"). The ownership of all such improvements will vest in Landlord. Landlord shall diligently prosecute Landlord's Work to completion and in connection therewith shall use reasonable efforts to substantially complete Landlord's Work in accordance with the attached Work Letter schedule set forth in Exhibit "D" (the "Project Schedule"), but in no event later than two hundred forty (240) days following the date the building permit for construction of the Building is issued by the Village of Buffalo Grove, all subject to Force Majeure (as defined in Section 19.13) and all such improvements any delays caused, or Modifications or other change orders approved, by Tenant.
(b) Upon at least seventy-two (72) hours written notice from Landlord, the parties shall jointly inspect the Premises and prepare a punchlist of any incomplete Landlord's Work, including, without limitation, any elements of the Building Systems (as hereafter defined) which are not then in working order and sufficient to permit lawful occupancy of the Building. The punchlist shall list incomplete, minor, or insubstantial detail of construction, necessary mechanical adjustments and needed finishing touches. If the parties are unable to agree on the date of substantial completion or the completion of punchlist items, the matter shall be resolved by the Project Architect, whose decision shall be final and binding upon the parties. The parties agree to reasonably cooperate with one another in compliance order to promptly obtain a Certificate of Occupancy for the Building from the Village of Buffalo Grove following Substantial Completion. For the purposes hereof, "Substantial Completion" shall be deemed achieved when: (i) the Project Architect certifies to Tenant that Landlord' s Work has been substantially completed in accordance with all applicable laws, codes the Final Plans such that the Tenant can occupy the Premises for its Intended Use; and regulations(ii) when Landlord's Work has met the requirements of those governmental and quasi-governmental authorities having jurisdiction to permit lawful occupancy of the Building. Landlord shall engage The Richmond Group as will cause the general contractor for punchlist items to be completed within a reasonable time after the performance of the tenant improvements Commencement Date, but in the Work Letter that are identified with an “X” in the column labeled “any event not later than thirty (30) days thereafter, subject to Force Majeure. Additionally, at no expense to Tenant” (the ‘‘Tenant Items”). The items on the Work Letter that are identified with an “X” in the column labeled “Landlord” shall be performed by Landlord at Landlord’s sole cost and expense with contractors chosen at Landlord’s sole and absolute discretion. All costs for the Tenant Items in the Work Letter shall be paid solely with funds from the TI Allowance (defined below). Notwithstanding anything herein to the contrary, Landlord shall cause the installation and/or correction within the Premises of any aspect of Landlord's Work which was not constructed or installed in substantial accordance with the Final Plans (a "Landlord's Omission") if the correction of such Landlord's Omission is later determined by the Village of Buffalo Grove to be required to spend more than the TI Allowance (defined below) necessary for the Tenant Items and any cost issuance of the portions of Landlord’s Work that are Tenant Items which are in excess of the TI Allowance shall be paid by Tenant. For purposes of this Lease, “substantial completion” of Landlord’s Work shall be deemed to occur when the Premises are ready for Tenant’ occupancy except for minor items which do not cause material interference with Tenant’s use and occupancy of the Premises with Landlord having obtained a certificate of occupancy for the PremisesBuilding. If substantial Except for (i) the completion of punchlist items and the correction of Landlord’s Work is delayed by a Tenant Delay's Omissions as provided above, then substantial completion shall be deemed (ii) Landlord's agreement to occur on the date on which the Landlord’s Work enforce third party warranties with respect to latent defects, and (iii) as otherwise expressly provided in the Premises would have been substantially completed but for the occurrence of any Tenant Delay. As used hereinthis Lease, a “Tenant Delay” shall mean each day of delay in the performance of the Landlord’s Work that occurs (a) because of Tenant’s failure to timely deliver or approve any required documentation such as any design or space plans (it being agreed that Tenant Landlord shall have a reasonable time no liability to review and comment on Tenant for any such design or space plan, which reasonable time shall be no less than five (5) business days), (b) because of any change by Tenant to any design or space plans after the same have been approved as final by Tenant defects in writing, or (c) because Tenant or its employees, agents, or contractors otherwise delay completion of the Landlord’s 's Work. On or before October 15 2018, Tenant’s architect shall deliver all plans, drawings, narratives and other materials required for submission of a TAA to Massport. For avoidance of doubt, Tenant’s failure to cause its architect to delivery such plans by such date shall be a Tenant Delay. In the event Tenant does not spend the entire TI Allowance, all remaining TI Allowance funds shall remain property of Landlord. Tenant shall not be obligated to pay any charge for the use of the building services (including, but not limited to, parking, freight elevators, loading docks, air handling capacity, utilization of the building chases for ducting purposes, and electricity) during construction of Landlord’s Work or during Tenant’s move into the Premises. The loading dock which may be used by Tenant during the Term shall be identified on a ground floor plan to be attached hereto as Exhibit A-1. Landlord shall provide for Tenant’s exclusive use a generator with an output not to exceed 250kW. Landlord shall contribute an amount not to exceed $50,000 towards the generator costs, which shall include but are not limited to the procurement and installation of the generator and transfer switch (collectively, the “Generator Installation Costs”), but shall exclude any costs related to any dunnage installation to the Building necessary to install the generator (the “Generator Dunnage Costs”). The Generator Dunnage Costs shall be the sole responsibility of Landlord. All Generator Installation Costs in excess of Landlord’s $50,000 contribution, exclusive of the Generator Dunnage Costs, shall be borne by Tenant. In addition, Tenant shall have the right, subject to Article 6.2.4, to install HVAC equipment, antennas and satellite dishes on the roof or other part of the Building.
Appears in 1 contract
Landlord’s Work. 3.1 Landlord shall perform the work and improvements in and to the premises as set forth in the Workletter attached to this Lease (the “"Landlord’s Work”) in the Premises in accordance with the attached Work Letter and all such improvements shall be in compliance with all applicable laws, codes and regulations). Landlord shall engage The Richmond Group use commercially reasonable efforts to Substantially Complete Landlord’s Work on or before sixty (60) days after the date of this Lease (subject to any Excusable Delay and any delays caused by Tenant; the “Estimated Completion Date”); provided, however, Landlord shall have no liability to Tenant and there shall be no postponement of the Commencement Date for any delay in the Substantial Completion of Landlord’s Work except as the general contractor for otherwise provided in this Section 3.1. Tenant acknowledges that Tenant may be inconvenienced and disturbed during the performance of the tenant improvements in the Work Letter that are identified with an “X” in the column labeled “Tenant” (the ‘‘Tenant Items”). The items on the Work Letter that are identified with an “X” in the column labeled “Landlord” shall be performed by Landlord at Landlord’s sole cost Work and expense with contractors chosen at Tenant agrees that Landlord shall have no liability to Tenant, nor shall Tenant be entitled to any diminution or abatement of rent or other compensation or allowance for diminution of rental value, nor shall this Lease or any of the obligations of Tenant hereunder be affected or reduced by reason of the performance of Landlord’s sole and absolute discretion. All costs for the Tenant Items in the Work Letter shall be paid solely with funds from the TI Allowance (defined below)Work. Notwithstanding anything herein any provision hereof to the contrary, Landlord shall not be required to spend more than the TI Allowance (defined below) for the Tenant Items and any cost of the portions of Landlord’s Work that are Tenant Items which are in excess of the TI Allowance shall be paid by Tenant. For purposes of this Lease, “substantial completion” of Landlord’s Work shall be deemed to occur when the Premises are ready for Tenant’ occupancy except for minor items which do not cause material interference with Tenant’s use and occupancy of the Premises with Landlord having obtained a certificate of occupancy for the Premises. If substantial completion of if Landlord’s Work is delayed by a Tenant Delay, then substantial completion shall be deemed to occur not Substantially Completed on or before the date on which the Landlord’s Work in the Premises would have been substantially completed but for the occurrence of any Tenant Delay. As used herein, a “Tenant Delay” shall mean each day of delay in the performance of the Landlord’s Work that occurs (a) because of Tenant’s failure to timely deliver or approve any required documentation such as any design or space plans (it being agreed that Tenant shall have a reasonable time to review and comment on any such design or space plan, which reasonable time shall be no less than occurring five (5) business daysmonths after the date of this Lease (the “Outside Completion Date”), (b) because of for any change by Tenant to reason other than Excusable Delay or any design or space plans after the same have been approved as final by Tenant in writing, or (c) because Tenant or its employees, agents, or contractors otherwise delay completion of the Landlord’s Work. On or before October 15 2018, Tenant’s architect shall deliver all plans, drawings, narratives and other materials required for submission of a TAA to Massport. For avoidance of doubt, Tenant’s failure to cause its architect to delivery such plans by such date shall be a Tenant Delay. In the event Tenant does not spend the entire TI Allowance, all remaining TI Allowance funds shall remain property of Landlord. Tenant shall not be obligated to pay any charge for the use of the building services (including, but not limited to, parking, freight elevators, loading docks, air handling capacity, utilization of the building chases for ducting purposesTenant’s failure to complete, and electricityobtain all required approvals and inspections for, any work being performed by Tenant which must be so completed in order for Landlord to obtain a certificate of occupancy for the Premises) during construction Tenant shall be entitled to an abatement of one (1) day’s Base Rent for each day after the Outside Completion Date that Substantial Completion of Landlord’s Work is so delayed.
3.2 As used herein, "Substantially Complete" “Substantial Completion” “substantially complete” “substantial completion” or during Tenantwords of similar import shall mean that (i) Landlord’s move into Work is fully completed substantially in accordance with the Premises. The loading dock which may be used by Tenant during Plans and Specifications (as such term is defined in the Term shall be identified on a ground floor plan to be attached hereto as Exhibit A-1. Landlord shall provide defined in the Workletter), except for Tenant’s exclusive use a generator with an output not to exceed 250kW. Landlord shall contribute an amount not to exceed $50,000 towards the generator costs, which shall include but are not limited to the procurement and installation of the generator and transfer switch (collectivelyminor items, the “Generator Installation Costs”incompletion of which will not unreasonably interfere with Tenant's normal business operations and (ii) a certificate of occupancy has been issued for the Premises by the Governmental Authority having jurisdiction), but shall exclude any costs related to any dunnage installation to the Building necessary to install the generator (the “Generator Dunnage Costs”). The Generator Dunnage Costs shall be the sole responsibility of Landlord. All Generator Installation Costs in excess of Landlord’s $50,000 contribution, exclusive of the Generator Dunnage Costs, shall be borne by Tenant. In addition, Tenant shall have the right, subject to Article 6.2.4, to install HVAC equipment, antennas and satellite dishes on the roof or other part of the Building.
Appears in 1 contract
Landlord’s Work. Landlord shall perform improvements cause the Tenant’s Work to be Substantially Complete and Landlord will deliver possession of the Premises to Tenant, as quick as possible after the Effective Date as time is of the essence, and extended for each day of a Tenant Delays (the “Landlord’s Work”) in the Premises in accordance with the attached Work Letter and all such improvements shall be in compliance with all applicable laws, codes and regulations. Landlord shall engage The Richmond Group as the general contractor for the performance of the tenant improvements in the Work Letter that are identified with an “X” in the column labeled “Tenant” (the ‘‘Tenant ItemsDelivery Date”). The items on By: By: Name: _Christopher ▇. ▇▇▇▇▇ ________________________ Name: Title: __President_________________________________ Title:
1. Sidewalks, doorways, vestibules, corridors, stairways and other similar areas shall not be obstructed by Tenant or used by Tenant for any purpose other than ingress and egress to and from the Work Letter that are identified with an “X” in Premises and for going from or to another part of the column labeled “Landlord” Building.
2. Plumbing fixtures and appliances shall be performed used only for the purposes for which designed, and no sweepings, rubbish, rags or other unsuitable materials shall be thrown or placed therein. Damage resulting to any such fixtures or appliances or surrounding areas from misuse by Landlord Tenant shall be repaired at Landlord’s the sole cost and expense with contractors chosen at of Tenant, and Landlord shall not in any case be responsible therefor.
3. No signs, advertisements or notices shall be painted or affixed on or to any windows or doors or other parts of the Building except of such color, size and style and in such places as shall be first approved in writing by Landlord. No nails, hooks or screws shall be driven or inserted in any part of the Building except by the Building maintenance personnel nor shall any part of the Building be defaced by Tenant. No curtains or other window treatments will be placed between the glass and the Building standard window treatments.
4. Landlord will provide and maintain an alphabetical directory of each Tenant’s firm name on the first floor (main lobby) of the Building. No other directory shall be permitted unless previously consented to by Landlord in writing.
5. Tenant shall not place any additional lock or locks on any doors in or to the Premises without Landlord’s sole prior written consent. A reasonable number of keys to the locks on the doors which access the Premises from the common areas shall be furnished by Landlord to Tenant, and absolute discretionTenant shall not have any duplicate keys made. Upon termination of the Lease, Tenant shall return all keys to Landlord and shall provide to Landlord a means of opening all safes, cabinets and vaults being left with the Premises.
6. With respect to work being performed by Tenant in the Premises with the approval of Landlord, Tenant will refer all contractors, contractor’s representatives and installation technicians rendering any service to them to Landlord for Landlord’s supervision, approval and control before the performance of any contractual services. This provision shall apply to work performed in the Building including, but not limited to, installation of telephones, telegraph equipment, electrical devices and attachments, and any and all installation of every nature affecting floors, walls, woodwork, trim, windows, ceilings, equipment and any other physical portion of the Building. Tenant must have Landlord’s written approval prior to employing any contractor. Any and all such contractors shall comply with these Rules and Regulations for such services including, but not limited to, insurance requirements. All costs for work in or on the Building shall comply with any and all codes.
7. Movement in or out of the Building of furniture or office equipment, or dispatch or receipt by Tenant Items of any bulky materials, merchandise or materials which require use of elevators or stairways, or movement through the Building entrances or lobby shall be restricted to such hours as Landlord shall designate. All such movement shall be under the supervision of Landlord and in the Work Letter shall be paid solely manner agreed between Tenant and Landlord by prearrangement before performance. Such prearrangement initiated by Tenant will include determination by Landlord, and subject to its decision and control, as to the time, method and routing of movement and as to limitations for safety or other concerns which may prohibit any article, equipment or any other item from being brought into the Building. Tenant is to assume all risk as to damage to articles moved and injury to person or public engaged or not engaged in such movement, including equipment, property and personnel of Landlord and other tenants if damaged or injured as a result of acts in connection with funds carrying out this service for Tenant from the TI Allowance (defined below). Notwithstanding anything herein time of entering the property to the contrary, completion of work; and Landlord shall not be required liable for acts of any person engaged in, or any damage or loss to spend more than any of said property or persons resulting from any act in connection with such service performed for Tenant.
8. Landlord shall have the TI Allowance (defined below) for power to prescribe the Tenant Items weight and position of safes and other heavy equipment, which shall, in all cases, be positioned to distribute the weight and stand on supporting devices approved by Landlord. All damage done to the Building by taking in or putting out any cost property of Tenant, or done by Tenant’s property while in the portions of Landlord’s Work that are Tenant Items which are in excess of the TI Allowance Building, shall be paid by Tenant. For purposes of this Lease, “substantial completion” of Landlord’s Work shall be deemed to occur when repaired at the Premises are ready for Tenant’ occupancy except for minor items which do not cause material interference with Tenant’s use and occupancy of the Premises with Landlord having obtained a certificate of occupancy for the Premises. If substantial completion of Landlord’s Work is delayed by a Tenant Delay, then substantial completion shall be deemed to occur on the date on which the Landlord’s Work in the Premises would have been substantially completed but for the occurrence of any Tenant Delay. As used herein, a “Tenant Delay” shall mean each day of delay in the performance of the Landlord’s Work that occurs (a) because expense of Tenant’s failure .
9. Tenant, in its capacity as an employer, shall establish – and shall use reasonable measures to timely deliver or approve any required documentation such as any design or space plans (it being agreed that Tenant shall have enforce – a reasonable time to review and comment on any such design or space plan, which reasonable time shall be no less than five (5) business days), (b) because of any change by Tenant to any design or space plans after the same have been approved as final by Tenant in writing, or (c) because Tenant or policy for its employees, agents, or contractors otherwise delay completion of the Landlord’s Work. On or before October 15 2018, Tenant’s architect shall deliver all plans, drawings, narratives and other materials required for submission of a TAA to Massport. For avoidance of doubt, Tenant’s failure to cause its architect to delivery such plans by such date shall be a Tenant Delay. In the event Tenant does not spend the entire TI Allowance, all remaining TI Allowance funds shall remain property of Landlord. Tenant shall not be obligated to pay any charge for the use of the building services which prohibits firearms (including, but not limited to, parking, freight elevators, loading docks, air handling capacity, utilization of concealed handguns) in the building chases for ducting purposes, Building and electricity) during construction of the Premises.
10. Tenant shall cooperate with Landlord’s Work or during Tenantemployees in keeping its Premises neat and clean. Tenant shall not employ any person for the purpose of such cleaning other than the Building’s move into the Premises. The loading dock which may be used by Tenant during the Term shall be identified on a ground floor plan to be attached hereto as Exhibit A-1cleaning and maintenance personnel. Landlord shall provide be in no way responsible to Tenant, its agents, employees or invitees for Tenant’s exclusive use a generator with an output not to exceed 250kW. Landlord shall contribute an amount not to exceed $50,000 towards any loss of property from the generator costs, which shall include but are not limited to the procurement and installation of the generator and transfer switch (collectively, the “Generator Installation Costs”), but shall exclude Premises or public areas or for any costs related damage to any dunnage installation to the Building necessary to install the generator (the “Generator Dunnage Costs”)property thereon from any cause whatsoever.
11. The Generator Dunnage Costs shall be the sole responsibility of Landlord. All Generator Installation Costs in excess of Landlord’s $50,000 contribution, exclusive of the Generator Dunnage Costs, shall be borne by Tenant. In addition, Tenant shall have the right, subject to Article 6.2.4, to install HVAC equipment, antennas and satellite dishes on the roof or other part To insure orderly operation of the Building, no ice, mineral or other water, towels, newspapers, etc. shall be delivered to the Premises except by persons appointed or approved by Landlord in writing.
Appears in 1 contract
Landlord’s Work. Landlord (i) Landlord, at Landlord’s expense, shall perform improvements 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 Premises construction of the Building, the Building lobbies, any common areas of the Building, and/or the facade of the Building which are described in accordance the Base Building Working Drawings for materials of substantially similar quality; provided, that such materials are consistent with the attached standards of a First Class Office Building. The Base Building Work Letter and all such improvements (as hereinafter defined) shall be performed by Landlord in compliance with all applicable laws, codes and regulations. Landlord shall engage The Richmond Group as the general contractor for the performance of the tenant improvements in the Work Letter that are identified with an “X” in the column labeled “Tenant” (the ‘‘Tenant Items”). The items on the Work Letter that are identified with an “X” in the column labeled “Landlord” shall be performed by Landlord at Landlord’s sole cost and expense with contractors chosen at Landlord’s sole and absolute discretion. All costs for the Tenant Items in the Work Letter shall be paid solely with funds from the TI Allowance (defined below). Notwithstanding anything herein to the contrary, Landlord shall not be required to spend more than the TI Allowance (defined below) for the Tenant Items and any cost of the portions of Landlord’s Work that are Tenant Items which are in excess of the TI Allowance shall be paid by Tenant. For purposes of this Lease, “substantial completion” of Landlord’s Work shall be deemed to occur when the Premises are ready for Tenant’ occupancy except for minor items which do not cause material interference with Tenant’s use and occupancy of the Premises with Landlord having obtained a certificate of occupancy for the Premises. If substantial completion of Landlord’s Work is delayed by a Tenant Delay, then substantial completion shall be deemed to occur on the date on which the Landlord’s Work in the Premises would have been substantially completed but for the occurrence of any Tenant Delay. As used herein, a “Tenant Delay” shall mean each day of delay in the performance of the Landlord’s Work that occurs (a) because of Tenant’s failure to timely deliver or approve any required documentation such as any design or space plans (it being agreed that Tenant shall have a reasonable time to review and comment on any such design or space plan, which reasonable time shall be no less than five (5) business days), (b) because of any change by Tenant to any design or space plans after the same have been approved as final by Tenant in writing, or (c) because Tenant or its employees, agents, or contractors otherwise delay completion of the Landlord’s Work. On or before October 15 2018, Tenant’s architect shall deliver all plans, drawings, narratives and other materials required for submission of a TAA to Massport. For avoidance of doubt, Tenant’s failure to cause its architect to delivery such plans by such date shall be a Tenant Delay. In the event Tenant does not spend the entire TI Allowance, all remaining TI Allowance funds shall remain property of Landlord. Tenant shall not be obligated to pay any charge for the use of the building services (including, but not limited to, parking, freight elevators, loading docks, air handling capacity, utilization of the building chases for ducting purposes, and electricity) during construction of Landlord’s Work or during Tenant’s move into the Premises. The loading dock which may be used by Tenant during the Term shall be identified on a ground floor plan to be attached hereto as Exhibit A-1. Landlord shall provide for Tenant’s exclusive use a generator with an output not to exceed 250kW. Landlord shall contribute an amount not to exceed $50,000 towards the generator costs, which shall include but are not limited to the procurement and installation of the generator and transfer switch (collectively, the “Generator Installation Costs”), but shall exclude any costs related to any dunnage installation to the Building necessary to install the generator (the “Generator Dunnage Costs”). The Generator Dunnage Costs shall be the sole responsibility of Landlord. All Generator Installation Costs in excess of Landlord’s $50,000 contribution, exclusive of the Generator Dunnage Costs, shall be borne by Tenant. In addition, Tenant shall have the right, subject to Article 6.2.4, to install HVAC equipment, antennas and satellite dishes on the roof or other part of the BuildingLaws.
Appears in 1 contract
Landlord’s Work. Landlord shall perform improvements will commence the performance of the work described in Exhibit C ("Landlord's Work") reasonably promptly following the “date hereof and, subject to Tenant's compliance with the provisions of this Section 4.3, will Substantially Complete, at its sole expense, Landlord’s Work”) 's Work in a good and workmanlike manner consistent with the standards applicable to the Building prior to the Construction Period Start Date other than in the Premises in accordance with the attached case of item 8 thereof, which item of Landlord's Work Letter and all such improvements shall be in compliance with all applicable laws, codes and regulationsSubstantially Completed prior to Tenant's occupancy of the Premises for the conduct of its business. Landlord and its employees, contractors and agents shall engage The Richmond Group as have access to the general contractor Premises at all reasonable times for the performance of the tenant improvements in the Landlord's Work Letter that are identified with an “X” in the column labeled “Tenant” (the ‘‘Tenant Items”). The items on the Work Letter that are identified with an “X” in the column labeled “Landlord” shall be performed by Landlord at Landlord’s sole cost and expense with contractors chosen at Landlord’s sole and absolute discretion. All costs for the storage of materials reasonably required in connection therewith, and Tenant Items in will use all commercially reasonable efforts to avoid any interference with the Work Letter shall be paid solely with funds from the TI Allowance (defined below)performance of Landlord's Work. Notwithstanding anything herein to the contrary, Landlord shall not be required use reasonable efforts to spend more than the TI Allowance (defined below) for the Tenant Items and any cost of the portions of Landlord’s Work that are Tenant Items which are in excess of the TI Allowance shall be paid by Tenant. For purposes of this Lease, “substantial completion” of Landlord’s Work shall be deemed to occur when the Premises are ready for Tenant’ occupancy except for minor items which do not cause material minimize interference with Tenant’s 's use and occupancy of the Premises with Landlord having obtained a certificate of occupancy for the Premises. If substantial completion of Landlord’s Work is delayed by a Tenant Delay, then substantial completion shall be deemed to occur on the date on which the Landlord’s Work in the Premises would have been substantially completed but for the occurrence of any Tenant Delay. As used herein, a “Tenant Delay” shall mean each day of delay in during the performance of the item 8 of Landlord’s Work 's Work, provided that occurs (a) because of Tenant’s failure to timely deliver or approve any required documentation such as any design or space plans (it being agreed that Tenant Landlord shall have a reasonable time no obligation to review and comment on employ contractors or labor at overtime or other premium pay rates or to incur any such design other overtime costs or space plan, which reasonable time additional expenses whatsoever. There shall be no less than five (5) Rent abatement or allowance to Tenant for a diminution of rental value, no actual or constructive eviction of Tenant, in whole or in part, no relief from any of Tenant's other obligations under this Lease, and no liability on the part of Landlord, by reason of inconvenience, annoyance or injury to business days), (b) because arising from the performance of such item of Landlord's Work or the storage of any change by Tenant to any design or space plans after the same have been approved as final by Tenant materials in writing, or (c) because Tenant or its employees, agents, or contractors otherwise delay completion of the Landlord’s Work. On or before October 15 2018, Tenant’s architect shall deliver all plans, drawings, narratives and other materials required for submission of a TAA to Massport. For avoidance of doubt, Tenant’s failure to cause its architect to delivery such plans by such date shall be a Tenant Delay. In the event Tenant does not spend the entire TI Allowance, all remaining TI Allowance funds shall remain property of Landlord. Tenant shall not be obligated to pay any charge for the use of the building services (including, but not limited to, parking, freight elevators, loading docks, air handling capacity, utilization of the building chases for ducting purposes, and electricity) during construction of Landlord’s Work or during Tenant’s move into the Premises. The loading dock which may be used by Tenant during the Term shall be identified on a ground floor plan to be attached hereto as Exhibit A-1. Landlord shall provide for Tenant’s exclusive use a generator with an output not to exceed 250kW. Landlord shall contribute an amount not to exceed $50,000 towards the generator costs, which shall include but are not limited to the procurement and installation of the generator and transfer switch (collectively, the “Generator Installation Costs”), but shall exclude any costs related to any dunnage installation to the Building necessary to install the generator (the “Generator Dunnage Costs”). The Generator Dunnage Costs shall be the sole responsibility of Landlord. All Generator Installation Costs in excess of Landlord’s $50,000 contribution, exclusive of the Generator Dunnage Costs, shall be borne by Tenant. In addition, Tenant shall have the right, subject to Article 6.2.4, to install HVAC equipment, antennas and satellite dishes on the roof or other part of the Buildingconnection therewith.
Appears in 1 contract
Sources: Lease (Advent Software Inc /De/)
Landlord’s Work. Landlord shall perform improvements shall, at Landlord’s expense, cause to be performed the work required by Exhibits B and C (the collectively, “Landlord’s Work”) in the Premises in accordance with the ). The first portion of Landlord’s Work is as set forth on Exhibit B attached Work Letter and all such improvements shall be in compliance with all applicable laws, codes and regulations. Landlord shall engage The Richmond Group as the general contractor for the performance of the tenant improvements in the Work Letter that are identified with an “X” in the column labeled “Tenant” to this Lease (the ‘‘Tenant Items“Initial Landlord’s Work”). The items on the Work Letter that are identified with an “X” in the column labeled “Landlord” shall be performed by Landlord at second portion of Landlord’s sole cost and expense with contractors chosen at Work is as set forth on Exhibit C attached to this Lease (the “Remaining Landlord’s sole and absolute discretionWork”). All costs Landlord shall commence Landlord’s Work following the Date of this Lease with the understanding that Landlord shall diligently attend to those components of the Initial Landlord’s Work as necessary to meet the Initial Landlord’s Work Target Date stated in Section 1.1 above in order for the Tenant Items in the to commence ▇▇▇▇▇▇’s Work Letter shall be paid solely with funds from the TI Allowance (defined below). Notwithstanding anything herein Landlord s Work shall be done in a good and workmanlike manner employing good materials and so as to conform to all applicable building laws. ▇▇▇▇▇▇ agrees that Landlord may make any changes in such work which may become reasonably necessary or advisable without approval of Tenant, provided written notice is promptly given to Tenant. It is the contrary, Landlord shall not be required to spend more than intent of the TI Allowance parties that Tenant may commence Tenant’s Work (as defined below) for while Landlord is performing the Tenant Items and any cost of Initial Landlord’s Work, with the understanding that all portions of Landlord’s Work (both the Initial Landlord’s Work and the Remaining Landlord’s Work) and Tenant’s Work can be performed simultaneously, it being agreed that are Tenant Items which are in excess and Landlord shall reasonably cooperate with each other to facilitate such work. Tenant wishes to move into that portion of the TI Allowance shall be paid Premises that Tenant intends to use as laboratory space (the “Lab Space”) by TenantDecember 31, 2016. For purposes of this Lease, “substantial completion” Provided that the same will not delay the Substantial Completion of Landlord’s Work shall be deemed (or any component thereof), Landlord intends to occur when the Premises are ready for Tenant’ occupancy except for minor items which do not cause material interference cooperate with Tenant’s use and occupancy of the Premises with Landlord having obtained efforts to obtain a temporary certificate of occupancy for the PremisesLab Space to enable Tenant to occupy the Lab Space on such date. If substantial Landlord agrees that Tenant may make changes in Landlord’s Work to request upgrades to certain components with the approval of Landlord (which approval shall not be unreasonably withheld, conditioned or delayed taking into account time constraints for the completion of Landlord’s Work is delayed by a Tenant DelayWork, then substantial completion shall be deemed to occur on and otherwise utilizing the date on which the standards set forth in Section 6.2.5 regarding Landlord’s approval of alterations) and the execution by Landlord and Tenant of a Work Change Order, in the Premises would have been substantially completed but for the occurrence of any Tenant Delay. As used herein, a “Tenant Delay” shall mean each day of delay in the performance of the Landlord’s Work that occurs (a) because of Tenant’s failure to timely deliver or approve any required documentation such as any design or space plans (it being agreed that Tenant shall have a reasonable time to review and comment on any such design or space plan, which reasonable time shall be no less than five (5) business days), (b) because of any change by Tenant to any design or space plans after the same have been approved as final by Tenant in writing, or (c) because Tenant or its employees, agents, or contractors otherwise delay completion of the Landlord’s Work. On or before October 15 2018, Tenant’s architect shall deliver all plans, drawings, narratives and other materials required for submission of a TAA to Massport. For avoidance of doubt, Tenant’s failure to cause its architect to delivery such plans by such date shall be a Tenant Delay. In the event Tenant does not spend the entire TI Allowance, all remaining TI Allowance funds shall remain property of Landlord. Tenant shall not be obligated to pay any charge for the use of the building services (including, but not limited to, parking, freight elevators, loading docks, air handling capacity, utilization of the building chases for ducting purposes, and electricity) during construction of Landlord’s Work or during Tenant’s move into the Premises. The loading dock which may be used by Tenant during the Term shall be identified on a ground floor plan to be form attached hereto as Exhibit A-1. Landlord D. Tenant shall provide be responsible for Tenant’s exclusive use a generator all costs associated with an output not to exceed 250kW. Landlord shall contribute an amount not to exceed $50,000 towards the generator costssuch change orders or upgrades, which shall include including but are not limited to the procurement and installation of the generator and transfer switch (collectively, the “Generator Installation Costs”), but shall exclude any costs related to any dunnage installation to the Building necessary to install the generator (the “Generator Dunnage Costs”). The Generator Dunnage Costs shall be the sole responsibility of Landlord. All Generator Installation Costs in excess of Landlord’s $50,000 contribution, exclusive of the Generator Dunnage Costs, shall be borne by Tenant. In addition, Tenant shall have the right, subject to Article 6.2.4, to install HVAC equipment, antennas and satellite dishes on the roof engineering or other part of the Building.professional fees associated with such items.
Appears in 1 contract
Sources: Office Lease (Desktop Metal, Inc.)
Landlord’s Work. Landlord Landlord, at its sole cost and expense shall perform all commercially reasonable improvements including without limitation the finishes to prepare the Demised Premises for Tenant (the “Landlord’s Work”) in other than the Premises in accordance with the attached Work Letter acquisition and all such improvements shall be in compliance with all applicable lawsinstallation of Tenant’s fixtures, codes furniture and regulations. Landlord shall engage The Richmond Group as the general contractor for the performance of the tenant improvements in the Work Letter that are identified with an equipment (“X” in the column labeled “Tenant” (the ‘‘Tenant ItemsFF&E”). The items on the Work Letter that are identified with an “X” in the column labeled “Landlord” Tenant shall only be performed by responsible for its FF&E. Landlord at Landlord’s sole cost and expense with contractors chosen at Landlord’s sole and absolute discretion. All costs for the Tenant Items in the Work Letter shall be paid solely with funds from the TI Allowance (defined below). Notwithstanding anything herein to the contrary, Landlord shall not be required to spend more than the TI Allowance (defined below) for the Tenant Items and any cost of the portions estimates substantial completion of Landlord’s Work that are within twelve (12) months from issuance of a building permit for ▇▇▇▇▇▇▇▇’s Work, subject to force majeure. Landlord shall perform Landlord’s Work in accordance with laws and in accordance with specifications reasonably approved by Tenant. The architectural, mechanical and electrical plans and specifications for the layout, improvements and fixtures for Landlord’s Work shall be prepared by the architecture and engineering team mutually agreed upon by Landlord and Tenant Items which are in excess of the TI Allowance and all hard and soft costs shall be paid by Landlord as a part of Landlord’s Work. Within not more than thirty (30) days following execution of the Lease, Tenant will meet with Landlord and the design and construction team for the Building, to provide to Landlord and the design and construction team, Tenant’s specific uses and specifications for the Demised Premises, in sufficient detail for preliminary plans for Landlord’s Work. Landlord shall cause preliminary plans for ▇▇▇▇▇▇▇▇’s Work based on Tenant’s specifications to be prepared and forwarded to Tenant within forty-five (45) days following ▇▇▇▇▇▇▇▇’s receipt of Tenant’s specifications as provided above. Tenant shall approve the preliminary plans for Landlord’s Work along with any comments within fifteen (15) days after ▇▇▇▇▇▇▇▇’s delivery of the same to Tenant. For purposes Thereafter, Landlord shall cause the final plans for Landlord’s Work to be prepared, sufficient for submission for permits, within one hundred twenty (120) days following approval of this Lease, “substantial completion” the preliminary plans. Landlord and Tenant agree that the selected general contractor shall be approved by Tenant. Landlord’s obligations to commence construction of Landlord’s Work shall be deemed to occur when the Premises are ready for Tenant’ occupancy except for minor items which do not cause material interference with Tenant’s use and occupancy of the Premises with Landlord having obtained a certificate of occupancy for the Premises. If substantial completion of Landlord’s Work is delayed by a Tenant Delay, then substantial completion shall be deemed to occur on the date on which the Landlord’s Work in the Premises would have been substantially completed but for the occurrence of any Tenant Delay. As used herein, a “Tenant Delay” shall mean each day of delay in the performance of the Landlord’s Work conditioned upon reasonable confirmation that occurs (a) because of Tenant’s failure to timely deliver or approve any required documentation such as any design or space plans (it being agreed that Tenant shall have a reasonable time to review and comment on any such design or space plan, which reasonable time shall be no less than five (5) business days), (b) because of any change by Tenant to any design or space plans after the same have been approved as final by Tenant in writing, or (c) because Tenant or its employees, agents, or contractors otherwise delay completion of the Landlord’s Work. On or before October 15 2018, Tenant’s architect shall deliver all plans, drawings, narratives and other materials required parent has received adequate commitments for submission of a TAA to Massport. For avoidance of doubt, Tenant’s failure to cause its architect to delivery such plans by such date shall be a Tenant Delay. In the event Tenant does not spend the entire TI Allowance, all remaining TI Allowance funds shall remain property of Landlord. Tenant shall not be obligated to pay any charge for the use of the building services (including, but not limited to, parking, freight elevators, loading docks, air handling capacity, utilization of the building chases for ducting purposes, and electricity) during construction of Landlord’s Work or during Tenant’s move into the Premises. The loading dock which may be used by Tenant during the Term shall be identified on a ground floor plan to be attached hereto as Exhibit A-1. Landlord shall provide for Tenant’s exclusive use a generator with an output not to exceed 250kW. Landlord shall contribute an amount not to exceed $50,000 towards the generator costs, which shall include but are not limited to the procurement and installation of the generator and transfer switch (collectively, the “Generator Installation Costs”), but shall exclude any costs related to any dunnage installation to the Building necessary to install the generator (the “Generator Dunnage Costs”). The Generator Dunnage Costs shall be the sole responsibility of Landlord. All Generator Installation Costs in excess of Landlord’s $50,000 contribution, exclusive of the Generator Dunnage Costs, shall be borne by Tenant. In addition, Tenant shall have the right, subject to Article 6.2.4, to install HVAC equipment, antennas and satellite dishes on the roof or other part of the Buildingcapital structure including grant funding.
Appears in 1 contract
Sources: Memorandum of Understanding
Landlord’s Work. Landlord shall TENANT'S WORK. Landlord, at its sole option, may perform improvements (the “Landlord’s Work”) in entire work necessary to restore both the Premises in accordance with the attached Work Letter and all such improvements shall be in compliance with all applicable laws, codes and regulations. Landlord shall engage The Richmond Group as the general contractor for the performance shell of the tenant Building and the Tenant Improvements and Original Improvements, or may require Tenant to perform the construction necessary to restore the Tenant Improvements and Original Improvements, if the same were constructed by Tenant and not by Landlord and comprise a substantial portion of the improvements in the Work Letter that 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 10.3 of this Lease. If Tenant's insurance proceeds are identified with an “X” insufficient to cover the costs of restoring the Tenant Improvements and Original Improvements in the column labeled “Tenant” (Premises, Tenant shall deposit the ‘‘Tenant Items”). The items on difference with Landlord prior to the Work Letter that are identified with an “X” in the column labeled “Landlord” shall be performed by Landlord at Landlord’s sole cost and expense with contractors chosen at Landlord’s sole and absolute discretion. All costs for the Tenant Items in the Work Letter shall be paid solely with funds from the TI Allowance (defined below)commencement of construction. Notwithstanding anything herein to the contrarycontrary 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. If Landlord requires Tenant to restore the Premises, rental abatement shall end on the date that Landlord reasonably determines that Tenant, through diligent efforts, should have substantially completed restoration. Landlord shall not be required to spend more than the TI Allowance (defined below) liable for the Tenant Items and any cost loss of business inconvenience or annoyance arising from any repair or restoration of the portions of Landlord’s Work that are Tenant Items which are in excess of the TI Allowance shall be paid by Tenant. For purposes of this LeasePremises, “substantial completion” of Landlord’s Work shall be deemed to occur when the Premises are ready for Tenant’ occupancy except for minor items which do not cause material interference with Tenant’s use and occupancy of the Premises with Landlord having obtained Building or Project as a certificate of occupancy for the Premises. If substantial completion of Landlord’s Work is delayed by a Tenant Delay, then substantial completion shall be deemed to occur on the date on which the Landlord’s Work in the Premises would have been substantially completed but for the occurrence result of any Tenant Delay. As used herein, a “Tenant Delay” shall mean each day of delay in the performance of the Landlord’s Work that occurs (a) because of Tenant’s failure to timely deliver or approve any required documentation such as any design or space plans (it being agreed that Tenant shall have a reasonable time to review and comment on any such design or space plan, which reasonable time shall be no less than five (5) business days), (b) because of any change by Tenant to any design or space plans after the same have been approved as final by Tenant in writing, or (c) because Tenant or its employees, agents, or contractors otherwise delay completion of the Landlord’s Work. On or before October 15 2018, Tenant’s architect shall deliver all plans, drawings, narratives and other materials required for submission of a TAA to Massport. For avoidance of doubt, Tenant’s failure to cause its architect to delivery such plans by such date shall be a Tenant Delay. In the event Tenant does not spend the entire TI Allowance, all remaining TI Allowance funds shall remain property of Landlord. Tenant shall not be obligated to pay any charge for the use of the building services (including, but not limited to, parking, freight elevators, loading docks, air handling capacity, utilization of the building chases for ducting purposes, and electricity) during construction of Landlord’s Work or during Tenant’s move into the Premises. The loading dock which may be used by Tenant during the Term shall be identified on a ground floor plan to be attached hereto as Exhibit A-1. Landlord shall provide for Tenant’s exclusive use a generator with an output not to exceed 250kW. Landlord shall contribute an amount not to exceed $50,000 towards the generator costs, which shall include but are not limited to the procurement and installation of the generator and transfer switch (collectively, the “Generator Installation Costs”), but shall exclude any costs related to any dunnage installation to the Building necessary to install the generator (the “Generator Dunnage Costs”). The Generator Dunnage Costs shall be the sole responsibility of Landlord. All Generator Installation Costs in excess of Landlord’s $50,000 contribution, exclusive of the Generator Dunnage Costs, shall be borne by Tenant. In addition, Tenant shall have the right, subject to Article 6.2.4, to install HVAC equipment, antennas and satellite dishes on the roof damage from fire or other part of the Buildingcasualty.
Appears in 1 contract
Sources: Office Lease (Aethlon Medical Inc)
Landlord’s Work. (a) Landlord shall perform improvements represents and warrants that the work described in Exhibit “CC” attached hereto (the “Landlord’s Work”) is Substantially Complete (as hereinafter defined). With respect to Landlord, “Substantially Complete” or “Substantially Completed” or words of similar import shall mean that Landlord’s Work in the Leased Premises in accordance with then remaining to be done, if any, consists of minor “punchlist items” and shall have reached that stage of completion such that Tenant could then proceed to commence Tenant’s Work (defined on Exhibit “C”) without unreasonable interference by reason of those items still required to complete Landlord’s Work. Further, the attached commencement of Tenant’s Work Letter and all such improvements shall be conclusive evidence that Substantial Completion of Landlord’s Work was, in compliance with all applicable lawsfact, codes and regulationsachieved. Tenant shall have sixty (60) days from the date Landlord shall engage The Richmond Group as the general contractor for the performance delivers possession of the tenant improvements in the Work Letter that are identified with an “X” in the column labeled “Tenant” Leased Premises to Tenant to identify (the ‘‘Tenant Items”). The i) any items on the Work Letter that are identified with an “X” in the column labeled “Landlord” shall be performed by Landlord at Landlord’s sole cost and expense with contractors chosen at Landlord’s sole and absolute discretion. All costs for the Tenant Items in the Work Letter shall be paid solely with funds from the TI Allowance (defined below). Notwithstanding anything herein to the contrary, Landlord shall not be required to spend more than the TI Allowance (defined below) for the Tenant Items and any cost of the portions of Landlord’s Work that are Tenant not Substantially Complete (“Incomplete Items”; and the work to complete any Incomplete Items which are in excess of being referred to herein as the TI Allowance shall be paid by Tenant. For purposes of this Lease, “substantial completionIncomplete Items Work”) and (ii) any “punchlist items” of with respect to Landlord’s Work (the work to complete the Incomplete Items and the “punchlist items” is referred to herein as the “Remaining Work”). Tenant shall be deemed identify any Incomplete Items and/or “punchlist items” by timely providing a notice to occur when Landlord describing in reasonable detail any such Incomplete Items and/or “punchlist items” (the “Work Notice”). Landlord will commence the performance of the Remaining Work reasonably promptly following the date Landlord receives the Work Notice, and, subject to Tenant’s compliance with the provisions of this Section 1.5, will complete such “punchlist items” within sixty (60) days from the date Landlord receives the Work Notice, subject to Force Majeure and any delay which results from any act or omission of any Tenant or any employees, agents or contractors of Tenant (each a “Tenant Delay”) (the “Incomplete Items Work Deadline”). Landlord and its employees, contractors and agents shall have access to the Leased Premises are ready at all reasonable times for Tenant’ occupancy except the performance of the Remaining Work and for minor items which do not cause material the storage of materials reasonably required in connection therewith and Tenant will use all commercially reasonable efforts to avoid any interference with the performance of the Remaining Work. Landlord shall use reasonable efforts to minimize interference with Tenant’s use and occupancy of the Leased Premises during the performance of the Remaining Work. Landlord and Tenant shall use reasonable efforts to cooperate with Landlord having obtained a certificate of occupancy for each other so as to permit the Premisesother to work in the Leased Premises at the same time. If substantial completion the performance by Tenant of Landlord’s work in the Leased Premises interferes with the performance by Landlord of the Remaining Work, Landlord shall, notwithstanding the foregoing, have the right to notify Tenant of such interference (which notification may be oral) and Tenant shall immediately discontinue such interference. If the Substantial Completion of the Remaining Work is delayed by a reason of interference with the performance of Remaining Work caused by Tenant Delayperforming work in the Leased Premises at the same time as Landlord or any other act or omission of Tenant, then substantial completion its agents, employees or contractors, the Remaining Work shall be deemed to occur on be Substantially Completed for the purposes hereof as of the date on which the Landlord’s Remaining Work in the Premises would have been substantially completed Substantially Completed but for the occurrence of any such Tenant Delay. As used Except as otherwise expressly set forth herein, there shall be no Rent abatement or allowance to Tenant for a “Tenant Delay” shall mean each day diminution of delay rental value, no actual or constructive eviction of Tenant, in whole or in part, no relief from any of Tenant’s other obligations under this Lease, and no liability on the part of Landlord, by reason of inconvenience, annoyance or injury to business arising from the performance of the LandlordRemaining Work or the storage of any materials in connection therewith. If Landlord fails to Substantially Complete the Incomplete Items Work on or prior to the Incomplete Items Work Deadline and Tenant’s Work that occurs (a) because of is actually delayed as a result thereof, then, as liquidated damages and as Tenant’s failure to timely deliver or approve any required documentation such as any design or space plans (it being agreed that sole remedy therefor, Tenant shall have receive a reasonable time credit of per diem Base Rental with respect to review and comment the affected portion of the Leased Premises of one day for each day Tenant’s Work in such portion of the Leased Premises was actually delayed during the period commencing on any such design or space plan, which reasonable time shall be no less than five (5) business days), (b) because of any change by Tenant to any design or space plans the day after the same have been approved as final by Tenant in writingIncomplete Items Work Deadline and ending on the date Landlord Substantially Completes the applicable Incomplete Items Work, or (c) because Tenant or its employees, agents, or contractors otherwise delay completion of the Landlord’s Work. On or before October 15 2018, Tenant’s architect shall deliver all plans, drawings, narratives and other materials required for submission of a TAA to Massport. For avoidance of doubt, Tenant’s failure to cause its architect to delivery such plans by such date shall be a Tenant Delay. In the event Tenant does not spend the entire TI Allowance, all remaining TI Allowance funds shall remain property of Landlord. provided that Tenant shall not be obligated entitled to pay any charge for such credit if and to the use extent that any delay in the completion of the building services Incomplete Items Work is caused by Force Majeure or Tenant Delay. Notwithstanding the foregoing, Tenant’s Work shall not be deemed to be actually delayed unless and until Tenant provides Landlord notice of such delay, which notice shall refer to the circumstances giving rise to such delay (including, but not limited to, parking, freight elevators, loading docks, air handling capacity, utilization of a “Landlord Delay Notice”). Landlord shall have two (2) business days to complete the building chases for ducting purposes, and electricityapplicable Incomplete Items Work causing such delay within two (2) during construction business days of Landlord’s Work or during receipt of the Landlord Delay Notice prior to being assessed a penalty, pursuant to this Section 1.5, provided that such cure also removes the actual delay caused to Tenant’s move into the PremisesWork. The loading dock which may be used by Tenant during the Term shall be identified on a ground floor plan to be attached hereto as Exhibit A-1. Landlord shall provide for Tenant’s exclusive use a generator with an output not to exceed 250kW. Landlord shall contribute an amount not to exceed $50,000 towards the generator costs, which shall include but are not limited Notwithstanding anything to the procurement and installation of the generator and transfer switch (collectively, the “Generator Installation Costs”), but shall exclude any costs related to any dunnage installation to the Building necessary to install the generator (the “Generator Dunnage Costs”). The Generator Dunnage Costs shall be the sole responsibility of Landlord. All Generator Installation Costs contrary contained in excess of Landlord’s $50,000 contribution, exclusive of the Generator Dunnage Costs, shall be borne by Tenant. In additionthis Lease, Tenant shall have the right, subject not be entitled to Article 6.2.4, any credits against Base Rental Rent if a condition causing a credit against Base Rental Rent pursuant to install HVAC equipment, antennas and satellite dishes an express term of this Lease occurs on the roof same day or other part days as a separate condition causing a credit against Base Rental Rent pursuant to an express term of the Buildingthis Lease (i.e., no “double” counting).
Appears in 1 contract
Landlord’s Work. Landlord shall perform improvements and Tenant acknowledge and agree that:
(i) All of Landlord's Work required for the “commencement and completion of Tenant's Work has been completed;
(ii) Landlord has heretofore agreed to provide to Tenant electric service of up to 2,000 amperes demand as shown to be required by Tenant pursuant to a stamped, sealed electrical load letter (or other document reasonably satisfactory to Landlord’s Work”) in the Premises in accordance with the attached Work Letter and all certified to Landlord from Tenant's electrical engineer. Landlord hereby agrees that such improvements service shall be in compliance with all applicable lawsexistence at the Project on or before May 1, codes 2000, subject to Force Majeure Delay. For each day that such service does not exist at the Project as required hereunder for any reason other than Force Majeure Delay, the Rent Commencement Date shall be delayed beyond June 1, 2000 the same number of days;
(iii) Subject to receipt and regulations. approval of proposed plans and specifications therefor, Landlord hereby grants Tenant the right to erect, use and maintain, conduits and wire from the Premises through the common areas of the Project to the Project electrical room;
(iv) In addition to the TI Allowance, Landlord shall engage The Richmond Group as provide to Tenant an allowance of $10,000 for the general contractor for purpose solely of installing conduit and wire (and/or reusing existing conduit and wire) from the Project electrical room to the Premises central mechanical/electrical room. Said allowance shall be paid against invoices showing the completion of such work;
(v) Tenant's Work has not been delayed by reason of the performance of Landlord's Work; and
(vi) Tenant hereby accepts the tenant Premises for the purpose of construction of Tenant's Work. Landlord and Tenant further agree that Landlord may delay certain exterior improvements in as described on Schedule A-1, attached hereto and incorporated herein by this reference, until such work may be completed without undue conflict with the work of completing Tenant's Work Letter or with adverse winter weather conditions; provided that are identified with an “X” in the column labeled “Tenant” (the ‘‘Tenant Items”). The items on the Work Letter that are identified with an “X” in the column labeled “Landlord” such delayed exterior work shall be performed by Landlord at Landlord’s sole cost and expense with contractors chosen at Landlord’s sole and absolute discretion. All costs for the Tenant Items in the Work Letter shall be paid solely with funds from the TI Allowance (defined below). Notwithstanding anything herein to the contrary, Landlord shall not be required to spend more completed no later than the TI Allowance (defined below) for the Tenant Items and any cost later of the portions of Landlord’s Work that are Tenant Items which are in excess of the TI Allowance shall be paid by Tenant. For purposes of this LeaseJune 1, “substantial completion” of Landlord’s Work shall be deemed to occur when the Premises are ready for Tenant’ occupancy except for minor items which do not cause material interference with Tenant’s use and occupancy of the Premises with Landlord having obtained a certificate of occupancy for the Premises. If substantial completion of Landlord’s Work is delayed by a Tenant Delay2000, then substantial completion shall be deemed to occur on the date on which the Landlord’s Work in the Premises would have been substantially completed but for the occurrence of any Tenant Delay. As used herein, a “Tenant Delay” shall mean each day of delay in the performance of the Landlord’s Work that occurs (a) because or issuance of Tenant’s failure to timely deliver or approve any required documentation such as any design or space plans (it being agreed that Tenant shall have a reasonable time to review and comment on any such design or space plan, which reasonable time shall be no less than five (5) business days), (b) because of any change by Tenant to any design or space plans after the same have been approved as final by Tenant in writing, or (c) because Tenant or its employees, agents, or contractors otherwise delay completion of the Landlord’s Work. On or before October 15 2018, Tenant’s architect shall deliver all plans, drawings, narratives and other materials required for submission of a TAA to Massport. For avoidance of doubt, Tenant’s failure to cause its architect to delivery such plans by such date shall be a Tenant Delay. In the event Tenant does not spend the entire TI Allowance, all remaining TI Allowance funds shall remain property of Landlord. Tenant shall not be obligated to pay any charge for the use of the building services (including, but not limited to, parking, freight elevators, loading docks, air handling capacity, utilization of the building chases for ducting purposes, and electricity) during construction of Landlord’s Work or during Tenant’s move into the Premises. The loading dock which may be used by Tenant during the Term shall be identified on a ground floor plan to be attached hereto as Exhibit A-1. Landlord shall provide for Tenant’s exclusive use a generator with an output not to exceed 250kW. Landlord shall contribute an amount not to exceed $50,000 towards the generator costs, which shall include but are not limited to the procurement and installation of the generator and transfer switch (collectively, the “Generator Installation Costs”), but shall exclude any costs related to any dunnage installation to the Building necessary to install the generator (the “Generator Dunnage Costs”). The Generator Dunnage Costs shall be the sole responsibility of Landlord. All Generator Installation Costs in excess of Landlord’s $50,000 contribution, exclusive of the Generator Dunnage Costs, shall be borne by Tenant. In addition, Tenant shall have the right's occupancy permit, subject in each case to Article 6.2.4, to install HVAC equipment, antennas and satellite dishes on the roof or other part of the BuildingForce Majeure Delays.
Appears in 1 contract
Sources: Lease (Memory Pharmaceuticals Corp)
Landlord’s Work. (a) Landlord does not make any representations about the Premises, the Building, or the Shopping Center except as expressly set forth in this Lease. Tenant acquires no rights, easements, licenses, or exclusives unless expressly granted in this Lease. The Premises and its systems and equipment are being delivered to Tenant in their "as is" condition as of the date of this Lease, except that:
(i) the HVAC unit shall be delivered in working order; and (ii) Landlord, at its expense, shall perform improvements the work (if any) described in Exhibit B ("Landlord's Work"). Any other work performed by Landlord, other than the “Landlord’s 's Work”) in the Premises in accordance with the attached Work Letter and all such improvements , shall be in compliance with all applicable laws, codes and regulations. Landlord shall engage The Richmond Group as the general contractor for the performance of the tenant improvements in the Work Letter that are identified with an “X” in the column labeled “at Tenant” (the ‘‘Tenant Items”). The items on the Work Letter that are identified with an “X” in the column labeled “Landlord” shall be performed by Landlord at Landlord’s sole cost 's request and expense with contractors chosen at Landlord’s sole and absolute discretion. All costs for the Tenant Items in the Work Letter shall be paid solely with funds from the TI Allowance (defined below). Notwithstanding anything herein to the contrary, Landlord shall not be required to spend more than the TI Allowance (defined below) for the Tenant Items and any cost of the portions of Landlord’s Work that are Tenant Items which are in excess of the TI Allowance additional work, plus a fifteen percent (15%) administrative fee, shall be paid by the Tenant within ten (10) days after the Landlord presents a ▇▇▇▇ for the work to the Tenant. For purposes Acceptance of this Lease, “substantial completion” of Landlord’s Work shall be deemed to occur when the Premises are ready for Tenant’ occupancy except for minor items which do not cause material interference with Tenant’s use and occupancy possession of the Premises with by Tenant shall be conclusive evidence that Landlord's Work has been fully performed in the manner required.
(1 ) Landlord having obtained a certificate of occupancy for the Premises. If substantial completion may elect not to perform that portion of Landlord’s Work is delayed by a Tenant Delay's Work, then substantial completion shall be deemed to occur on the date on which the (2) Landlord may perform that portion of Landlord’s 's Work in the Premises would have been substantially completed but for the occurrence of any Tenant Delay. As used herein, a “Tenant Delay” shall mean each day of delay accordance with plans and specifications or other information determined by Landlord in the performance of the Landlord’s Work that occurs (a) because of Tenant’s failure its sole discretion to timely deliver or approve any required documentation such as any design or space plans (it being agreed that Tenant shall have a reasonable time to review and comment on any such design or space plan, which reasonable time shall be no less than five (5) business days), (b) because of any change by Tenant to any design or space plans after the same have been approved as final by Tenant in writingappropriate, or (c3) because Landlord may wait for the appropriate plans and specifications or other information or materials from the Tenant. Should Landlord elect to wait for the appropriate plans and specifications or other information or materials from Tenant, then Tenant or its employees, agents, or contractors otherwise delay completion of the Landlord’s Work. On or before October 15 2018, Tenant’s architect shall deliver all plans, drawings, narratives and other materials required for submission of a TAA to Massport. For avoidance of doubt, Tenant’s failure to cause its architect to delivery such plans by such date shall be a Tenant Delay. In the event Tenant does not spend the entire TI Allowance, all remaining TI Allowance funds shall remain property of Landlord. Tenant shall not be obligated required to pay any charge Minimum Rent and Additional Charges for a period preceding the use of the building services (including, but not limited to, parking, freight elevators, loading docks, air handling capacity, utilization of the building chases for ducting purposes, and electricity) during construction of Landlord’s Work or during Tenant’s move into the Premises. The loading dock which may be used by Tenant during the Term shall be identified on a ground floor plan to be attached hereto as Exhibit A-1. Landlord shall provide for Tenant’s exclusive use a generator with an output not to exceed 250kW. Landlord shall contribute an amount not to exceed $50,000 towards the generator costs, which shall include but are not limited Commencement Date equal to the procurement and installation number of days that the generator and transfer switch (collectively, the “Generator Installation Costs”), but shall exclude any costs related to any dunnage installation to the Building necessary to install the generator (the “Generator Dunnage Costs”). The Generator Dunnage Costs shall be the sole responsibility Delivery Date was delayed as a result of Landlord. All Generator Installation Costs in excess of Landlord’s $50,000 contribution, exclusive of the Generator Dunnage Costs, shall be borne by Tenant. In addition, Tenant shall have the right, subject to Article 6.2.4, to install HVAC equipment, antennas and satellite dishes on the roof or other part of the Buildingsuch wait.
Appears in 1 contract
Landlord’s Work. 23.1 Landlord shall perform improvements be required to undertake the work set forth in Landlord's Work Letter, attached hereto as EXHIBIT E ("LANDLORD'S WORK").
23.2 Tenant agrees that on or before the “Landlord’s Work”) Tenant Drawing Date it shall provide to Landlord for approval and acceptance, such construction drawings and specifications reasonably required by Landlord for Tenant's layout, partitioning, ceiling, electrical, floor covering, painting and other installations/finishes in the Demised Premises in sufficient detail such that the Landlord can timely obtain the necessary building permits ("TENANT DRAWINGS"). Prior to the commencement of Landlord's Work, Landlord shall deliver to Tenant a copy of the contractor's bid for the work required by the approved Tenant Drawings, which bid shall include a breakdown of the costs of construction by line item customary in such bid breakdown. Tenant shall have the one-time option, to be exercised by delivering written notice to Landlord within five (5) days after the delivery of the bid, to: (i) add items to the drawings, (ii) remove items from the drawings, or (iii) upgrade items of the drawings; such option to be exercised with Landlord's consent which may not be unreasonably withheld. Landlord at its cost and expense shall furnish and install in accordance with such drawings only so much of the attached work required by Tenant by the above drawings as is allowed by a credit to Tenant equal to the Construction Credit. The Construction Credit may Only be applied towards Landlord's Work in accordance with approved drawings. If any portion of the Construction Credit is not so used by Tenant on or prior to the Commencement Date, except as defined as the "Rental Credit", any excess shall be forfeited and shall not be used as a credit against Minimum Rent or any other sums due Landlord hereunder. To the extent Tenant's drawings require work, the cost of which is not contemplated by Landlord's Work Letter and all exceeds the Construction Credit, such improvements work shall be in compliance with all applicable lawsreduced to an "extra" or "change order" to be executed by both Landlord or Managing Agent and Tenant, codes which shall indicate the work required, the cost thereof to be paid by Tenant, and regulations. Landlord shall engage The Richmond Group as the general contractor additional time required, if any, for the performance of the tenant improvements in the Work Letter that are identified with an “X” in the column labeled “Tenant” (the ‘‘Tenant Items”)completion. The items cost of Landlord's Work performed, including extras or change orders, under this Article 23 shall be subject to Landlord's standard mark-up, overhead, profit and general conditions.
23.3 ▇▇nant shall be responsible for any delays on the Work Letter that are identified part of itself or any of its employees or Agents in completing the Demised Premises by reason of (a) failure of any of them to cooperate with an “X” Landlord; (b) delays in submitting any drawings or specifications, or in supplying information, or in approving drawings, specifications or estimates or supplying such information in insufficient detail; (c) delays in Tenant's giving authorizations; (d) any extra or change order desired by Tenant; (e) any changes by any of them in any plans or designations subsequent to the column labeled “Tenant Drawing Date; (f) any similar act or omission of any of them; or (g) any other similar causes or factors beyond Landlord” shall be performed by Landlord at 's reasonable control.
23.4 No less than sixty (60) days prior to the expiration or sooner termination of this Lease, Landlord’s sole cost and expense with contractors chosen at Landlord’s , in its sole and absolute discretion. All costs for , shall have the Tenant Items right to designate all or any portion of Landlord's Work dealing with the fire suppression system and the raised flooring in the Work Letter shall computer room to be paid solely with funds from the TI Allowance (defined below). Notwithstanding anything herein to the contrary, Landlord shall not be required to spend more than the TI Allowance (defined below) for the Tenant Items and any cost of the portions of Landlord’s Work that are Tenant Items which are in excess of the TI Allowance shall be paid removed by Tenant. For purposes , at Tenant's sole cost and expense, upon the expiration or sooner termination of this Lease, “substantial completion” of Landlord’s Work shall be deemed to occur when the Premises are ready for Tenant’ occupancy except for minor items which do not cause material interference with Tenant’s use and occupancy of the Premises with Landlord having obtained a certificate of occupancy for the Premises. If substantial completion of Landlord’s Work is delayed by a Tenant Delay, then substantial completion shall be deemed to occur on the date on which the Landlord’s Work in the Premises would have been substantially completed but for the occurrence of any Tenant Delay. As used herein, a “Tenant Delay” shall mean each day of delay in the performance of the Landlord’s Work that occurs (a) because of Tenant’s failure to timely deliver or approve any required documentation such as any design or space plans (it being agreed that Tenant shall have a reasonable time to review and comment on any such design or space plan, which reasonable time shall be no less than five (5) business days), (b) because of any change by Tenant to any design or space plans after the same have been approved as final by Tenant in writing, or (c) because Tenant or its employees, agents, or contractors otherwise delay completion of the Landlord’s Work. On or before October 15 2018, Tenant’s architect shall deliver all plans, drawings, narratives and other materials required for submission of a TAA to Massport. For avoidance of doubt, Tenant’s failure to cause its architect to delivery such plans by such date shall be a Tenant Delay. In the event Tenant does not spend the entire TI Allowance, all remaining TI Allowance funds shall remain property of Landlord. Tenant shall not be obligated to pay any charge for the use of the building services (including, but not limited to, parking, freight elevators, loading docks, air handling capacity, utilization of the building chases for ducting purposes, and electricity) during construction of Landlord’s Work or during Tenant’s move into the Premises. The loading dock which may be used by Tenant during the Term shall be identified on a ground floor plan to be attached hereto as Exhibit A-1. Landlord shall provide for Tenant’s exclusive use a generator with an output not to exceed 250kW. Landlord shall contribute an amount not to exceed $50,000 towards the generator costs, which shall include but are not limited to the procurement and installation of the generator and transfer switch (collectively, the “Generator Installation Costs”), but shall exclude any costs related to any dunnage installation to the Building necessary to install the generator (the “Generator Dunnage Costs”). The Generator Dunnage Costs shall be the sole responsibility of Landlord. All Generator Installation Costs in excess of Landlord’s $50,000 contribution, exclusive of the Generator Dunnage Costs, shall be borne by Tenant. In addition, Tenant shall have the right, subject to Article 6.2.4, to install HVAC equipment, antennas and satellite dishes on the roof or other part of the Building.
Appears in 1 contract
Sources: Sublease (Protarga Inc)
Landlord’s Work. (A) Landlord, at Landlord's sole cost and expense, shall perform the. base building work ("Landlord's Work") as defined in the Base Building Specifications attached hereto as Exhibit B-1. Subject to any prevention, delay or stoppage due to Landlord's Force Majeure or attributable to Tenant Delays (as hereinafter defined), Landlord shall perform improvements (the “Landlord’s Work”) use reasonable speed and diligence in the Premises construction of Landlord's Work so as to have the same Substantially Completed (as hereinafter defined) on or before the Estimated Commencement Date set forth in Section I .I , but Tenant shall have no claim against Landlord for failure to complete construction of Landlord's Work, except as expressly set forth in Section 3.2.
(B) The "Actual Substantial Completion Date" shall be defined as the date on which the Landlord's Work has been Substantially Completed. "Substantial Completion" and "Substantially Completed" shall each mean the date on which an architect designated by Landlord shall have executed a certificate or statement representing that Landlord's Work has been completed in accordance with the attached Work Letter plans and all such improvements shall be in compliance with all applicable lawsspecifications therefor, codes but for those items of work and regulations. Landlord shall engage The Richmond Group as the general contractor for the performance adjustment of the tenant improvements equipment and fixtures in the Work Letter that are identified with an “X” in the column labeled “Tenant” Premises (the ‘‘Tenant "Punch List Items”"). The items on , the Work Letter that are identified with an “X” in the column labeled “Landlord” shall be performed by Landlord at Landlord’s sole cost and expense with contractors chosen at Landlord’s sole and absolute discretion. All costs for the Tenant Items in the Work Letter shall be paid solely with funds from the TI Allowance (defined below). Notwithstanding anything herein to the contrary, Landlord shall not be required to spend more than the TI Allowance (defined below) for the Tenant Items and any cost incompleteness of the portions of Landlord’s Work that are Tenant Items which are in excess of the TI Allowance shall be paid by Tenant. For purposes of this Lease, “substantial completion” of Landlord’s Work shall be deemed to occur when the Premises are ready for Tenant’ occupancy except for minor items which do not cause material interference with Tenant’s use and occupancy of the Premises with Landlord having obtained a certificate of occupancy for the Premises. If substantial completion of Landlord’s Work is delayed by a Tenant Delay, then substantial completion shall be deemed to occur on the date on which the Landlord’s Work in the Premises would have been substantially completed but for the occurrence of any Tenant Delay. As used herein, a “Tenant Delay” shall mean each day of delay in the performance of Tenant's Work, and which can be completed after Tenant connnences Tenant's Work without causing material interference with the Landlord’s Work that occurs (a) because performance of Tenant’s failure 's Work. After Substantial Completion, Landlord shall proceed diligently to timely deliver complete all Punch List Items at Landlord's expense within three (3) months after the occun-ence of Substantial Completion (except for items which can only be performed during certain seasons or approve any required documentation such as any design or space plans (it being agreed that Tenant shall have a reasonable time to review and comment on any such design or space planweather, which reasonable time items shall be no less than five (5) business dayscompleted diligently as soon as the season and/or weather permits), (b) because of any change by Tenant to any design or space plans after the same have been approved as final by Tenant in writing, or (c) because Tenant or its employees, agents, or contractors otherwise delay completion of the Landlord’s Work. On or before October 15 2018, Tenant’s architect shall deliver all plans, drawings, narratives and other materials required for submission of a TAA to Massport. For avoidance of doubt, Tenant’s failure to cause its architect to delivery such plans by such date shall be a Tenant Delay. In the event Tenant does not spend the entire TI Allowance, all remaining TI Allowance funds shall remain property of Landlord. Tenant shall not be obligated to pay any charge for the use of the building services (including, but not limited to, parking, freight elevators, loading docks, air handling capacity, utilization of the building chases for ducting purposes, and electricity) during construction of Landlord’s Work or during Tenant’s move into the Premises. The loading dock which may be used by Tenant during the Term shall be identified on a ground floor plan to be attached hereto as Exhibit A-1. Landlord shall provide for Tenant’s exclusive use a generator with an output not to exceed 250kW. Landlord shall contribute an amount not to exceed $50,000 towards the generator costs, which shall include but are not limited to the procurement and installation of the generator and transfer switch (collectively, the “Generator Installation Costs”), but shall exclude any costs related to any dunnage installation to the Building necessary to install the generator (the “Generator Dunnage Costs”). The Generator Dunnage Costs shall be the sole responsibility of Landlord. All Generator Installation Costs in excess of Landlord’s $50,000 contribution, exclusive of the Generator Dunnage Costs, shall be borne by Tenant. In addition, Tenant shall have the right, subject to Article 6.2.4, to install HVAC equipment, antennas and satellite dishes on the roof or other part of the Building.
Appears in 1 contract
Sources: Sublease Agreement (Care.com Inc)
Landlord’s Work. (a) The Landlord shall shall, at its expense, perform improvements (the “Landlord’s Work”) in the Premises in accordance with the attached Work Letter and all such improvements shall be in compliance with all applicable laws, codes and regulations. Landlord shall engage The Richmond Group as the general contractor for the performance of the tenant improvements in the Work Letter that are identified with an “X” in the column labeled “Tenant” (the ‘‘Tenant Items”). The items on the Work Letter that are identified with an “X” in the column labeled “Landlord” shall be performed by Landlord at Landlord’s sole cost and expense with contractors chosen at Landlord’s sole and absolute discretion. All costs for the Tenant Items in the Work Letter shall be paid solely with funds from the TI Allowance (defined below). Notwithstanding anything herein to the contrary, Landlord shall not be required to spend more than the TI Allowance (defined below) for the Tenant Items and any cost of the portions of Landlord’s Work that are in a good and workmanlike manner. Subject to delays caused by Force Majeure and delays caused by the Tenant Items which are in excess of or the TI Allowance Tenant’s Employees, the Landlord shall be paid by Tenant. For purposes use reasonable commercial efforts (without the need for overtime or weekend work) to complete the Landlord’s Work as soon as reasonable possible following the execution of this Lease, “substantial completion” of Landlord’s Work shall be deemed to occur when the Premises are ready for Tenant’ occupancy except for minor items which do not cause material interference with Tenant’s use and occupancy of the Premises with Landlord having obtained a certificate of occupancy for the Premises. If substantial completion of Landlord’s Work is delayed by a Tenant Delay, then substantial completion shall be deemed to occur on dispute arises over:
(i) the date on which the Landlord’s Work was substantially completed or completed;
(ii) whether or not the Landlord was delayed in completing the Landlord’s Work due to Force Majeure, the Tenant or the Tenant’s Employees and/or the length of any such delay, the decision of the Landlord’s Expert will be determinative of the issue. The Tenant is responsible for any additional costs incurred by the Landlord as a result of any delays in completing the Landlord’s Work caused by the Tenant or the Tenant’s Employees and the Tenant shall pay such additional costs to the Landlord within 15 days following receipt of an invoice from the Landlord. The Landlord may have such access to the Premises as it requires in order to complete the Landlord’s Work. If the Tenant is given possession of the Premises prior to the date that the Landlord’s Work is complete, then:
(iii) if both the Tenant and the Landlord require access to the same area of the Premises, the Landlord shall have the first right to such area for the purpose of carrying out the Landlord’s Work;
(iv) the Tenant shall not interfere with or delay the Landlord or its contractors from completing the Landlord’s Work; and
(v) the Tenant shall be under the direction and supervision of the Landlord and its contractors and shall comply with all requirements and directions of the Landlord and its contractors. The Landlord shall not be responsible for the costs of any work to the Premises except for the cost of the Landlord’s Work.
(b) If:
(i) the Tenant’s use, or intended use, of the Premises requires changes to the Landlord’s Work in order for the Landlord’s Work to comply with applicable Laws or the requirements of any insurer of the Development; or
(ii) the Tenant requires any changes to the Landlord’s Work (and the Tenant’s signature on the change order, or other documentation evidencing the changes, shall be conclusive evidence of the Tenant’s agreement to the making of such changes), then the Tenant will be responsible for the cost of such changes to the extent that such changes result in an increase in the Premises would have been substantially completed but for the occurrence of any Tenant Delay. As used herein, a “Tenant Delay” shall mean each day of delay in the performance cost of the Landlord’s Work that occurs (a) because of Tenant’s failure to timely deliver or approve any required documentation such as any design or space plans (it being agreed that Tenant shall have a reasonable time to review and comment on any such design or space plan, which reasonable time shall be no less than five (5) business days), (b) because of any change by Tenant to any design or space plans after the same have been approved as final by Tenant in writing, or (c) because Tenant or its employees, agents, or contractors otherwise delay completion of the Landlord’s Work. On or before October 15 2018, Tenant’s architect shall deliver all plans, drawings, narratives and other materials required for submission of a TAA to Massport. For avoidance of doubt, Tenant’s failure to cause its architect to delivery such plans by such date shall be a Tenant Delay. In the event Tenant does not spend the entire TI Allowance, all remaining TI Allowance funds shall remain property of Landlord. Tenant shall not be obligated to pay any charge for the use of the building services (including, but not limited to, parking, freight elevators, loading docks, air handling capacity, utilization of the building chases for ducting purposes, and electricity) during construction of Landlord’s Work or during Tenant’s move into the Premises. The loading dock which may be used by Tenant during the Term shall be identified on a ground floor plan to be attached hereto as Exhibit A-1. Landlord shall provide for Tenant’s exclusive use a generator with an output not to exceed 250kW. Landlord shall contribute an amount not to exceed $50,000 towards the generator costs, which shall include but are not limited to the procurement and installation of the generator and transfer switch (collectively, the “Generator Installation Costs”), but shall exclude any costs related to any dunnage installation to the Building necessary to install the generator (the “Generator Dunnage Additional Costs”). The Generator Dunnage Tenant shall pay the Additional Costs shall be within 15 days following the sole responsibility of Landlord. All Generator Installation Costs date that the Landlord provides the Tenant with an invoice for the Additional Costs.
(c) If the Tenant requires the Landlord to carry out any work in excess of or to the Premises in addition to the Landlord’s $50,000 contributionWork (the “Additional Work”), exclusive and the Landlord agrees to carry out the Additional Work, then the Tenant’s signature on the documentation evidencing the nature of the Generator Dunnage Additional Work will be conclusive evidence of the Tenant’s agreement to: (i) the Landlord performing the Additional Work; and (ii) pay for the cost of the Additional Work (the “Additional Work Costs”). The Tenant shall pay the Additional Work Costs shall within 15 days following the date that the Landlord provides the Tenant with an invoice for the Additional Work Costs.
(d) If any changes are made to the Additional Work, then the Tenant’s signature on the change order, or other documentation evidencing the changes, shall be borne by conclusive evidence of the Tenant. In addition’s agreement to: (i) the making such changes, Tenant which shall have the right, subject be deemed to Article 6.2.4, to install HVAC equipment, antennas and satellite dishes on the roof or other form part of the BuildingAdditional Work; and (ii) pay for the cost of such changes, all of which shall be deemed to form part of the Additional Work. The Tenant shall pay such additional costs within 15 days following the date that the Landlord provides the Tenant with an invoice for such costs.
Appears in 1 contract
Sources: Lease Agreement (Ehave, Inc.)
Landlord’s Work. (a) The work shown on the Approved Plans shall be deemed "Landlord's Work" unless otherwise noted thereon. Landlord's Work shall also include any and all mechanical, electrical, plumbing, sprinkler, or life safety system work indicated on the Approved Plans or otherwise necessary for Tenant's use and occupancy of the Premises, together with any work which may be reasonably necessary to install additional components of or to otherwise increase the capacity of the Building Systems (as defined in Section 7.1 of the Lease) to accommodate Tenant's requirements with respect to the Premises to extent that such requirements exceed Tenant's Share of the capacity of any Building Systems, as such capacity may be reduced by the requirements of Common Areas and other Building Systems. Following final approval of the Approved Plans and completion of the bidding process described herein, Landlord agrees to apply for a building permit and upon issuance thereof, to cause Landlord's Work to be completed, installed or performed, as the case may be, in accordance therewith, subject only to minor variations and/or variations necessitated by the unavailability of specified materials and equipment. Except as above provided, no deviation from the Approved Plans shall be made by either party except by written change order approved by the other party, which approval shall not be unreasonably withheld or delayed and will be given or denied within three (3) days of receiving a written request for approval describing the proposed change order in reasonable detail and including drawings or contract documents depicting any such changes, to the extent applicable. In the event Tenant requests or causes the need for any change orders with respect to Landlord's Work, the net cost of such change orders shall be at Tenant's sole cost and any delays resulting therefrom shall constitute "Tenant Delays" hereunder. In the event any change orders increase the cost of Landlord's Work, Tenant shall pay Landlord the incremental additional cost associated with any such change orders within thirty (30) days after Landlord's delivery of an invoice therefor. Within five (5) days after the execution of the Lease, Tenant shall, by written notice to Landlord, designate a single individual (who may be changed by Tenant at any time upon giving Landlord prior written notice thereof) who Tenant agrees shall be available to meet and consult with Landlord at the Premises as Tenant's representative ("Tenant's Representative") respecting the matters which are the subject of this Exhibit C and who shall have the power to legally bind Tenant with respect to notices from Tenant to Landlord making requests for and approving changes, giving approval of plans or work, or giving directions to Landlord under this Exhibit C.
(b) Promptly after the parties reach agreement on the Approved Plans, Landlord will prepare a bidding package for Landlord's Work based upon the Approved Plans. Landlord's Work shall be competitively bid as follows:
(i) Landlord (or an affiliate of Landlord) shall serve as a general contractor (in such capacity, the "General Contractor") to supervise the performance of Landlord's Work, with the fixed price contract pursuant to which such work is to be performed (as provided hereinbelow) to include a combined contractor profit and overhead line item based upon twenty percent (20%) of the sum of all Costs (as defined below). Landlord's Work will be competitively bid at the subcontractor level, as follows: Where feasible, General Contractor will request bids from a minimum of three (3) subcontractors for each aspect of Landlord's Work which would customarily involve the use of a different subcontractor, each of which shall be financially sound, and able to perform the work in a first class, good and workmanlike and timely manner for each type of work required. General Contractor may also may bid directly for any items of Landlord's Work. Tenant may require that specific items be unit priced during the course of the bid process.
(ii) All subcontractors shall submit their bids directly to Landlord as General Contractor, who will review and analyze all bids submitted. Within five (5) days after receipt of the last bid, Landlord shall perform improvements select the subcontractors determined by Landlord to be the acceptable bid ("Final Bid"), provided such selection shall be based upon the “Landlord’s Work”) lowest bid unless there is a reasonable basis to select a bidder other than the lowest bidder (for example, due to enhancement of coordination between different subcontractors and trades in the Premises performance of Landlord's Work in furtherance of the goal of timely completion thereof) and the costs associated with each such subcontract shall be incorporated within the total Costs. After selecting the successful bids, Landlord will present to Tenant a fixed price lump sum contract proposal for the performance of Landlord's Work based upon the selected bids, the general contractor fee described above, and the total Soft Costs (defined below) associated with Landlord's Work, which presentation will include as an attachment copies of all bids received by Landlord. Within three (3) business days after Landlord's presentation of the fixed price contract proposal, or at any other time, if Tenant wishes to engage in any redesign or value engineering to reduce the cost of such Landlord's Work, then upon Tenant's request and at Tenant's sole expense, Landlord shall engage with Tenant and its architect in value engineering the scope of such Landlord's Work to reduce the cost thereof; provided, however, that (i) the entire period between the date Landlord presents Tenant with the fixed price proposal setting forth the pricing of Landlord's Work and the date Tenant completes all revisions to the applicable Approved Plans in relation to such process of redesign and/or value engineering (together with any delay resulting from the changes themselves) shall constitute a Tenant Delay for all purposes of this Lease, and (ii) any time period by which either the commencement or the completion of Landlord's Work is delayed by virtue of Tenant's election at any other time to engage in such process of redesign and/or value engineering (together with any delay resulting from any changes themselves), shall constitute a Tenant Delay for all purposes of this Lease. The final fixed price for the performance of Landlord's Work (if and as value engineered in accordance with the attached foregoing provisions) is herein referred to as the "Fixed Price" and is inclusive of all Costs associated with the performance of Landlord's Work Letter and all as described herein (including architectural services performed for Tenant by its architect, to the extent Tenant has not already paid such improvements shall be in compliance with all applicable laws, codes and regulationsarchitect out of separate Tenant funds). Landlord agrees to identify "long lead" items or materials which will delay Substantial Completion of Landlord's Work by any dates contemplated in the Lease, and shall engage The Richmond Group as notify Tenant of the same promptly after such identification can be made, and in all events prior to the commencement of construction if and to the full extent such information is available at such time. Landlord and Tenant shall cooperate in good faith to avoid such "long lead" items or materials.
(c) Landlord shall, on Tenant's behalf and subject to Section 5, below, pay all hard and soft costs associated with the design and performance of Landlord's Work, including architectural and engineering fees and expenses associated with the preparation and review of the Plans and Specifications and the Approved Plans; permit and inspection fees; cost of labor, materials, general conditions and contractor for profits arising under the construction contract(s) pursuant to which Landlord's Work is performed; and any other hard and soft costs associated with the performance of the tenant improvements in the Work Letter that Landlord's Work, all of which are identified with an “X” in the column labeled “Tenant” (the ‘‘Tenant Items”). The items on the Work Letter that are identified with an “X” in the column labeled “Landlord” hereinafter collectively referred to as "Costs" and all of which shall be performed by Landlord at Landlord’s sole cost and expense with contractors chosen at Landlord’s sole and absolute discretion. All costs for payable out of the Tenant Items in the Work Letter shall be paid solely with funds from the TI Allowance (defined below). Notwithstanding anything herein to the contrary, Landlord shall not be required to spend more than the TI Allowance (defined below) for to the Tenant Items extent available.
(d) In addition to Landlord's Work, Landlord agrees to perform the following additional base building improvements at Landlord's sole expense: (i) Power wash and any cost cleaning of all exterior surfaces of the portions Building; (ii) Repair and refurbish (as necessary) and reseal and stripe all designated parking spaces in the parking lot area serving the Building; (iii) Install shrubbery, ground covering and seasonal plantings in areas to be mutually and reasonably agreed by Landlord and Tenant, at a total cost not to exceed $8,000 in the aggregate; (iv) Make revisions, if any, that are required by applicable governmental authorities in order to bring the base building improvements and site improvements (exclusive of Landlord’s Work that are Tenant Items 's Work) into compliance (A) with the accessibility requirements of the Americans with Disabilities Act ("ADA") which are in excess applicable to such base building improvements or site improvements, and (B) with any fire code or life safety code requirements applicable to such base building improvements or site improvements, but specifically excluding compliance with such requirements as they apply to any improvements which are part of Landlord's Work, which will be Tenant's sole responsibility (subject to funding of the TI Allowance shall be paid by Tenant. For purposes of this LeaseAllowance), “substantial completion” of Landlord’s Work shall be deemed to occur when the Premises are ready for Tenant’ occupancy except for minor items which do not cause material interference with Tenant’s use and occupancy of the Premises with Landlord having obtained a certificate of occupancy for the Premises. If substantial completion of Landlord’s Work is delayed by a Tenant Delay, then substantial completion shall be deemed to occur on the date on which the Landlord’s Work in the Premises would have been substantially completed but for the occurrence of any Tenant Delay. As used herein, a “Tenant Delay” shall mean each day of delay in the performance of the Landlord’s Work that occurs (a) because of Tenant’s failure to timely deliver or approve any required documentation such as any design or space plans (it being agreed that Tenant shall have a reasonable time to review and comment on any such design or space plan, which reasonable time shall be no less than five (5) business days), (b) because of any change by Tenant to any design or space plans after the same have been approved as final by Tenant in writing, or (c) because Tenant or its employees, agents, or contractors otherwise delay completion of the Landlord’s Work. On or before October 15 2018, Tenant’s architect shall deliver all plans, drawings, narratives and other materials required for submission of a TAA to Massport. For avoidance of doubt, Tenant’s failure to cause its architect to delivery such plans by such date shall be a Tenant Delay. In the event Tenant does not spend the entire TI Allowance, all remaining TI Allowance funds shall remain property of Landlord. Tenant shall not be obligated to pay any charge for the use of the building services (including, but not limited to, parking, freight elevators, loading docks, air handling capacity, utilization ) the reconfiguration of the building chases for ducting purposes, Building's existing sprinkler system to conform to Tenant's layout; and electricity(v) during construction performance of Landlord’s Work or during Tenant’s move into the Premises. The loading dock which may be used by Tenant during deferred maintenance items relating to the Term shall be identified on a ground floor plan to be Building's HVAC system described in Schedule C-1 attached hereto as Exhibit A-1. Landlord shall provide for Tenant’s exclusive use and made a generator with an output not to exceed 250kW. Landlord shall contribute an amount not to exceed $50,000 towards the generator costs, which shall include but are not limited to the procurement and installation of the generator and transfer switch (collectively, the “Generator Installation Costs”), but shall exclude any costs related to any dunnage installation to the Building necessary to install the generator (the “Generator Dunnage Costs”). The Generator Dunnage Costs shall be the sole responsibility of Landlord. All Generator Installation Costs in excess of Landlord’s $50,000 contribution, exclusive of the Generator Dunnage Costs, shall be borne part hereof by Tenantthis reference. In addition, Tenant shall have Landlord agrees to replace certain mirrors which were removed from the rightexisting gym area within the Premises by the prior tenant with mirrors of substantially equivalent quality, subject to Article 6.2.4and in connection with such replacement, to install HVAC equipmentcharge on one-half ( 1/2) of the cost of such replacement as part of Landlord's Work, antennas and satellite dishes on the roof or other thus as part of the BuildingFixed Price (as defined herein).
Appears in 1 contract
Landlord’s Work. Landlord shall perform improvements (a) Tenant represents and warrants that it has inspected the “Landlord’s Work”) in Building and the Premises in accordance and is thoroughly acquainted with the attached Work Letter and all such improvements shall be in compliance with all applicable laws, codes and regulations. Landlord shall engage The Richmond Group as the general contractor for the performance of the tenant improvements in the Work Letter that are identified with an “X” in the column labeled “Tenant” (the ‘‘Tenant Items”)their condition. The items on the Work Letter that are identified with an “X” parties hereby agree that, except as otherwise provided herein in the column labeled “Landlord” shall be performed by Landlord at Landlord’s sole cost and expense with contractors chosen at Landlord’s sole and absolute discretion. All costs for the Tenant Items in the Work Letter shall be paid solely with funds from the TI Allowance (defined belowsubsection 2.01(b). Notwithstanding anything herein to the contrary, Landlord shall not be required to spend more than perform any work in order to prepare the TI Allowance Premises for Tenant's occupancy.
(defined belowb) for the Tenant Items and any cost Within thirty (30) days of the portions of Landlord’s Work that are Tenant Items which are in excess of the TI Allowance shall be paid by Tenant. For purposes date of this Lease, “substantial completion” the parties shall commence to work together to develop the design specifications based upon Tenant's design plans for the Premises and choose the carpet and paint finishes and all similar items necessary to perform Landlord's Work. After these items are agreed to by the parties, to the extent that these items of work or materials to be furnished are to be performed or supplied at Landlord’s Work 's sole cost, they shall be deemed "Landlord's Work" and shall be incorporated into this Lease by reference as Exhibit A. Once these design specifications and the tenant choices are made and after the necessary permits and other governmental approvals are issued, Landlord shall commence to occur when perform Landlord's Work in accordance with and to the extent as then incorporated into Exhibit A and substantially complete Landlord's Work on or before one hundred eighty (180) days thereafter subject to "Force Majeure" (as defined below).
(i) If Tenant shall request that Landlord perform work to prepare the Premises are ready for Tenant’ 's occupancy except in addition to Landlord's Work; or if Tenant shall be required to pay for minor items which do not cause material interference with Tenant’s use and occupancy any portion of the Premises with Landlord's Work, Tenant shall pay Landlord having obtained a certificate of occupancy for the Premises. If work by good check subject to collection on substantial completion of Landlord’s Work is delayed by a 's Work.
(ii) If during the course of Landlord's Work, Tenant Delayrequests that Landlord perform additional work to prepare the Premises for Tenant's occupancy, then Tenant shall pay Landlord for this additional work as follows: fifty (50%) percent simultaneously with the ordering of such work, and fifty (50%) percent on substantial completion of such work.
(iii) If Tenant fails or refuses to make any payment under part (i) or (ii) of this subsection 2.01(c) or if the check delivered to Landlord is uncollectible for any reason whatsoever, it shall be deemed to occur on the date on which the Landlord’s Work in the Premises would have been substantially completed but for the occurrence a "Default" under part (i) of any Tenant Delay. As used herein, a “Tenant Delay” shall mean each day subsection 8.01(a) of delay in the performance of the Landlord’s Work that occurs (a) because of Tenant’s failure to timely deliver or approve any required documentation such as any design or space plans (it being agreed that Tenant shall have a reasonable time to review and comment on any such design or space plan, which reasonable time shall be no less than five (5) business days), (b) because of any change by Tenant to any design or space plans after the same have been approved as final by Tenant in writing, or (c) because Tenant or its employees, agents, or contractors otherwise delay completion of the Landlord’s Work. On or before October 15 2018, Tenant’s architect shall deliver all plans, drawings, narratives and other materials required for submission of a TAA to Massport. For avoidance of doubt, Tenant’s failure to cause its architect to delivery such plans by such date shall be a Tenant Delay. In the event Tenant does not spend the entire TI Allowance, all remaining TI Allowance funds shall remain property of Landlord. Tenant shall not be obligated to pay any charge for the use of the building services (including, but not limited to, parking, freight elevators, loading docks, air handling capacity, utilization of the building chases for ducting purposes, and electricity) during construction of Landlord’s Work or during Tenant’s move into the Premises. The loading dock which may be used by Tenant during the Term shall be identified on a ground floor plan to be attached hereto as Exhibit A-1. Landlord shall provide for Tenant’s exclusive use a generator with an output not to exceed 250kW. Landlord shall contribute an amount not to exceed $50,000 towards the generator costs, which shall include but are not limited to the procurement and installation of the generator and transfer switch (collectively, the “Generator Installation Costs”), but shall exclude any costs related to any dunnage installation to the Building necessary to install the generator (the “Generator Dunnage Costs”). The Generator Dunnage Costs shall be the sole responsibility of Landlord. All Generator Installation Costs in excess of Landlord’s $50,000 contribution, exclusive of the Generator Dunnage Costs, shall be borne by Tenant. In addition, Tenant shall have the right, subject to Article 6.2.4, to install HVAC equipment, antennas and satellite dishes on the roof or other part of the Buildingthis Lease.
Appears in 1 contract
Landlord’s Work. Landlord shall perform improvements (the “Landlord’s Work”) in the Premises In a good workmanlike manner and in accordance with the attached Work Letter and all such improvements shall be in compliance with all applicable laws, codes and regulations. Landlord shall engage The Richmond Group as the general contractor for the performance of the tenant improvements in the Work Letter that are identified with an “X” in the column labeled “Tenant” (the ‘‘Tenant Items”). The items on the Work Letter that are identified with an “X” in the column labeled “Landlord” shall be performed by Landlord shall, at Landlord’s sole cost and expense with contractors chosen at expense, perform the following work using Building standard materials (collectively, “Landlord’s sole Work”): (i) with respect to the Atlantic Building, (A) modify the existing handicap access ramp on the exterior of the Atlantic Building as and absolute discretion. All costs to the extent necessary to correct any existing non-compliance of the ramp with applicable laws in effect as of the date of execution and delivery of this Fifth Amendment, (B) seal the cracks on the façade of the Atlantic Building at the entrance thereof to the extent existing as of the date of execution and delivery of this Fifth Amendment, (C) install a seismic actuated gas shutoff valve at the gas mains into the Atlantic Building, and (D) add a flexible pipe section to the fire sprinkler line outside the Atlantic Building for seismic concerns, similar to the Tenant Items sections added to other buildings in the Work Letter shall be paid solely Project including the Challenger Building; and (ii) with funds from the TI Allowance (defined below). Notwithstanding anything herein respect to the contraryChallenger Building, install a seismic actuated gas shutoff valve at the gas mains into the Challenger Building. Tenant acknowledges that Landlord shall not will be required to spend more than the TI Allowance (defined below) for the Tenant Items and any cost performing Landlord’s Work during Tenant’s occupancy of the portions Existing Premises under the Lease, as hereby amended (and may be performing Landlord’s Work during Tenant’s occupancy of the Atlantic Expansion Space), and Tenant agrees that: (1) Tenant shall reasonably cooperate with Landlord and Landlord’s schedule of performance of Landlord’s Work during such occupancy so that are Landlord may timely perform Landlord’s Work without unreasonable interference from Tenant Items which are (and in excess connection therewith, Landlord may cause Landlord’s Work to be performed during normal business hours as reasonably necessary to complete the same in a timely manner, without any obligation to pay overtime or other premiums); and (2) Tenant shall accept all reasonable inconveniences associated with the performance of Landlord’s Work and agrees that the TI Allowance shall be paid by Tenant. For purposes of this Lease, “substantial completion” performance of Landlord’s Work shall be deemed not constitute a constructive eviction of Tenant, nor entitle Tenant to occur when any Rent abatement compensation (except as otherwise provided in Paragraph 7(d) of the Premises are ready for Tenant’ occupancy Original Lease, as added by Section 9.3 below) or other damages from Landlord, nor subject Landlord to any liability, except for minor items which do any injury to persons or damage to property (but not cause material loss of business or other consequential damages) to the extent caused by Landlord’s negligence or willful misconduct and not insured or required to be insured by Tenant under the Lease, as hereby amended; provided, however, Landlord agrees to use commercially reasonable efforts to minimize unreasonable interference with Tenant’s use of and occupancy access to the Existing Premises (and following the Atlantic Expansion Space Commencement Date, the Atlantic Expansion Space, as the case may be) as a result of the Premises with Landlord having obtained a certificate of occupancy for the Premises. If substantial completion of Landlord’s Work is delayed by a Tenant Delay, then substantial completion shall be deemed to occur on the date on which the Landlord’s Work in the Premises would have been substantially completed but for the occurrence of any Tenant Delay. As used herein, a “Tenant Delay” shall mean each day of delay in the performance of the Landlord’s Work that occurs (a) because of Tenant’s failure to timely deliver or approve any required documentation such as any design or space plans (it being agreed that Tenant shall have a reasonable time to review and comment on any such design or space plan, which reasonable time shall be no less than five (5) business days), (b) because of any change by Tenant to any design or space plans after the same have been approved as final by Tenant in writing, or (c) because Tenant or its employees, agents, or contractors otherwise delay completion of the Landlord’s Work. On or before October 15 2018, Tenant’s architect shall deliver all plans, drawings, narratives and other materials required for submission of a TAA to Massport. For avoidance of doubt, Tenant’s failure to cause its architect to delivery such plans by such date shall be a Tenant Delay. In the event Tenant does not spend the entire TI Allowance, all remaining TI Allowance funds shall remain property of Landlord. Tenant shall not be obligated to pay any charge for the use of the building services (including, but not limited to, parking, freight elevators, loading docks, air handling capacity, utilization of the building chases for ducting purposes, and electricity) during construction of Landlord’s Work or during Tenant’s move into the Premises. The loading dock which may be used by Tenant during the Term shall be identified on a ground floor plan to be attached hereto as Exhibit A-1. Landlord shall provide for Tenant’s exclusive use a generator with an output not to exceed 250kW. Landlord shall contribute an amount not to exceed $50,000 towards the generator costs, which shall include but are not limited to the procurement and installation of the generator and transfer switch (collectively, the “Generator Installation Costs”), but shall exclude any costs related to any dunnage installation to the Building necessary to install the generator (the “Generator Dunnage Costs”). The Generator Dunnage Costs shall be the sole responsibility of Landlord. All Generator Installation Costs in excess of Landlord’s $50,000 contribution, exclusive of the Generator Dunnage Costs, shall be borne by Tenant. In addition, Tenant shall have the right, subject to Article 6.2.4, to install HVAC equipment, antennas and satellite dishes on the roof or other part of the Building.
Appears in 1 contract
Sources: Marina Village Office Tech Lease (Insite Vision Inc)
Landlord’s Work. (a) Landlord shall perform construct or cause the construction of the Building and the Improvements, and any necessary or appropriate off-site improvements (the “Off-Site Improvements”), including the ▇▇▇▇▇▇ ▇▇▇▇ road improvements, acceleration and deceleration lanes, traffic signalization and control devices, curb cuts and driveways, on-site and/or off-site retention ponds, storm water and sanitary sewer drainage, and easements for access, maintenance and use thereof (collectively, the “Landlord’s Work”) ), in the Premises in accordance substantial compliance with the plans and specifications which Landlord shall cause to be prepared and submitted to Tenant for its approval, which shall not be unreasonably withheld, conditioned or delayed. Landlord and Tenant have agreed to a set of preliminary plans for site design and building and office design, as more particularly described in Exhibit C attached Work Letter hereto and all such improvements incorporated herein by this reference, and specifications attached hereto as Exhibit D and incorporated herein by this reference (collectively the “Plans and Specifications”). Once the parties have approved final plans for the Leased Premises, the same shall be attached hereto as Exhibit C-1 and shall be incorporated herein by this reference, and shall supercede the preliminary plans initially attached to this Lease as Exhibit C. Landlord shall, at its sole costs and expense: (i) obtain all permits and approvals necessary for the completion of Landlord’s Work; (ii) complete Landlord’s Work in compliance with all applicable laws, codes statutes, ordinances, rules and regulations. ; and (iii) pay all taxes and fees (including but not limited to all tap-in and impact fees) applicable to the construction and delivery of the Leased Premises.
(b) Landlord shall engage The Richmond Group as receive up to three (3) subcontractor bids for any changes to the general contractor for the performance of the tenant improvements in the Work Letter that are identified with an final Plans and Specifications (any such change a “X” in the column labeled “Tenant” (the ‘‘Tenant ItemsChange Order”). The items on the Work Letter that are identified with an “X” Landlord and Tenant shall review Change Order bids together. Landlord and Tenant shall agree in the column labeled “Landlord” shall be performed by Landlord at Landlord’s sole cost and expense with contractors chosen at Landlord’s sole and absolute discretionwriting which subcontractor bid is elected for completion of said Change Order. All costs for Change Orders must be approved in writing by both Landlord and Tenant prior to Landlord initiating any Change Order. For each additional Thirty-Eight Thousand Dollars ($38,000.00) in Change Order cost requested by Tenant, the Tenant Items in the Work Letter annual Rent per square foot shall be paid solely with funds from the TI Allowance go up by an amount equal to $.01.
(defined below). Notwithstanding anything herein to the contrary, c) Landlord shall not be required to spend more than the TI Allowance (defined below) for the Tenant Items and any cost of the portions of complete Landlord’s Work that are and deliver the Leased Premises to Tenant Items which are in excess of according to the TI Allowance shall be paid by Tenant. For purposes of this Lease, “substantial completion” of Landlord’s Work shall be deemed to occur when the Premises are ready for Tenant’ occupancy except for minor items which do not cause material interference with Tenant’s use and occupancy of the Premises with Landlord having obtained a certificate of occupancy for the Premises. If substantial completion of Landlord’s Work is delayed by a Tenant Delay, then substantial completion shall be deemed to occur on the date on which the Landlord’s Work in the Premises would have been substantially completed but for the occurrence of any Tenant Delay. As used herein, a “Tenant Delay” shall mean each day of delay in the performance of the Landlord’s Work that occurs Project Milestones Schedule (a) because of Tenant’s failure to timely deliver or approve any required documentation such as any design or space plans (it being agreed that Tenant shall have a reasonable time to review and comment on any such design or space plan, which reasonable time shall be no less than five (5) business days), (b) because of any change by Tenant to any design or space plans after the same have been approved as final by Tenant in writing, or (c) because Tenant or its employees, agents, or contractors otherwise delay completion of the Landlord’s Work. On or before October 15 2018, Tenant’s architect shall deliver all plans, drawings, narratives and other materials required for submission of a TAA to Massport. For avoidance of doubt, Tenant’s failure to cause its architect to delivery such plans by such date shall be a Tenant Delay. In the event Tenant does not spend the entire TI Allowance, all remaining TI Allowance funds shall remain property of Landlord. Tenant shall not be obligated to pay any charge for the use of the building services (including, including but not limited to, parking, freight elevators, loading docks, air handling capacity, utilization of the building chases for ducting purposes, and electricity) during construction of Landlord’s Work or during Tenant’s move into the Premises. The loading dock which may be used by Tenant during the Term shall be identified on a ground floor plan to be attached hereto as Exhibit A-1. Landlord shall provide for Tenant’s exclusive use a generator with an output not to exceed 250kW. Landlord shall contribute an amount not to exceed $50,000 towards the generator costs, which shall include but are not limited to the procurement and installation of the generator and transfer switch (collectively, the “Generator Installation Costs”), but shall exclude any costs related to any dunnage installation to the Building necessary to install the generator (the “Generator Dunnage Costs”). The Generator Dunnage Costs shall be the sole responsibility of Landlord. All Generator Installation Costs in excess of Landlord’s $50,000 contribution, exclusive of the Generator Dunnage Costs, shall be borne by Tenant. In addition, Tenant shall have the right, subject to Article 6.2.4, to install HVAC equipment, antennas and satellite dishes on the roof or other part of the Building.each specific
Appears in 1 contract
Sources: Lease Agreement (Shoe Carnival Inc)
Landlord’s Work. Landlord shall perform construct the leasehold improvements (the “Landlord’s Work”) set forth in the plans and specifications attached hereto as EXHIBIT "E" ("Landlord's Work"). The Premises will be delivered to Tenant in compliance with the ADA and any other laws, codes, ordinances or regulations applicable to the Premises, as such laws are interpreted at the time of the issuance of the building permit for Landlord's Work. Landlord shall use all commercially reasonable efforts to substantially complete Landlord's Work on or before August 23, 1997, subject only to delays caused by Tenant or delays otherwise outside of the reasonable control of Landlord. Subject to Landlord's warranty as provided below, taking of possession by Tenant of the Demised Premises shall be conclusively deemed to establish that Landlord's Work has been completed and that the Leased Premises are in good and satisfactory condition and are in compliance with the terms of this Lease, as of the date possession was so taken by Tenant, except as to such items, if any, as are disclosed to Landlord by Tenant in writing within ten (10) days of such taking of possession. Landlord warrants to Tenant that Landlord's Work will be free of defects in workmanship and materials for a period of one-year following the Commencement Date. Upon execution of this Lease, Tenant shall pay into escrow with Commonwealth Land Title Insurance Company $145,493.00 as payment for the costs of Landlord's Work and related expenses, which money shall be disbursed to Landlord in accordance with the Escrow Agreement attached Work Letter to this Lease as EXHIBIT "G". If the costs and all such improvements shall be in compliance with all applicable laws, codes and regulations. Landlord shall engage The Richmond Group as the general contractor for the performance of the tenant improvements in the Work Letter that are identified with an “X” in the column labeled “Tenant” (the ‘‘Tenant Items”). The items on the Work Letter that are identified with an “X” in the column labeled “Landlord” shall be performed by Landlord at Landlord’s sole cost and expense with contractors chosen at Landlord’s sole and absolute discretion. All costs for the Tenant Items in the Work Letter shall be paid solely with funds from the TI Allowance (defined below). Notwithstanding anything herein to the contrary, Landlord shall not be required to spend more than the TI Allowance (defined below) for the Tenant Items and any cost of the portions expenses of Landlord’s 's Work that are Tenant Items which are in excess of the TI Allowance shall be paid by Tenant. For purposes of this Lease, “substantial completion” of Landlord’s Work shall be deemed to occur when the Premises are ready for Tenant’ occupancy except for minor items which do not cause material interference with Tenant’s use and occupancy of the Premises with Landlord having obtained a certificate of occupancy for the Premises. If substantial completion of Landlord’s Work is delayed by a Tenant Delay, then substantial completion shall be deemed to occur on the date on which the Landlord’s Work in the Premises would have been substantially completed but for the occurrence of any Tenant Delay. As used herein, a “Tenant Delay” shall mean each day of delay in the performance of the Landlord’s Work that occurs (a) because of Tenant’s failure to timely deliver or approve any required documentation such as any including design or space plans (it being agreed that Tenant shall have a reasonable time to review and comment on any such design or space plan, which reasonable time shall be no less than five (5) business days), (b) because of any change by Tenant to any design or space plans after the same have been approved as final by Tenant in writing, or (c) because Tenant or its employees, agents, or contractors otherwise delay completion of the Landlord’s Work. On or before October 15 2018, Tenant’s architect shall deliver all plans, drawings, narratives and other materials required for submission of a TAA to Massport. For avoidance of doubt, Tenant’s failure to cause its architect to delivery such plans by such date shall be a Tenant Delay. In the event Tenant does not spend the entire TI Allowance, all remaining TI Allowance funds shall remain property of Landlord. Tenant shall not be obligated to pay any charge for the use of the building services (including, but not limited to, parking, freight elevators, loading docks, air handling capacity, utilization of the building chases for ducting purposes, and electricity"soft" costs) during construction of Landlord’s Work or during Tenant’s move into the Premises. The loading dock which may be used by Tenant during the Term shall be identified on a ground floor plan to be attached hereto as Exhibit A-1. Landlord shall provide for Tenant’s exclusive use a generator with an output not to exceed 250kW. Landlord shall contribute an amount not to exceed $50,000 towards the generator costs, which shall include but are not limited to the procurement and installation of the generator and transfer switch (collectively, the “Generator Installation Costs”), but shall exclude any costs related to any dunnage installation to the Building necessary to install the generator (the “Generator Dunnage Costs”). The Generator Dunnage Costs shall be the sole responsibility of Landlord. All Generator Installation Costs in excess of Landlord’s $50,000 contribution, exclusive of the Generator Dunnage Costs, shall be borne by Tenant. In addition145,493.00, Tenant shall have pay the rightexcess to Landlord within 10 business days of a request from Landlord for payment accompanied by reasonable documentation evidencing such costs. If the costs and expenses of Landlord's Work (including design and other "soft" costs) are less than $145,493.00, subject the balance remaining in escrow shall be disbursed to Article 6.2.4, to install HVAC equipment, antennas and satellite dishes on Tenant as provided in the roof or other part of the BuildingEscrow Agreement.
Appears in 1 contract
Landlord’s Work. Landlord shall perform improvements (alter the “Landlord’s Work”) in demised premises for the Premises Tenant in accordance with the attached Work Letter and all such improvements shall be in compliance with all applicable laws, codes and regulations. Landlord shall engage The Richmond Group as the general contractor for the performance of the tenant improvements in the Work Letter that are identified with an “X” in the column labeled “Tenant” (the ‘‘Tenant Items”). The items on the Work Letter that are identified with an “X” in the column labeled “Landlord” shall be performed by Landlord at Landlord’s sole cost and expense with contractors chosen at Landlord’s sole and absolute discretion. All costs for the Tenant Items in the Work Letter shall be paid solely with funds from the TI Allowance (defined below). Notwithstanding anything herein subject to the contrary, Landlord shall not be required to spend more than the TI Allowance (defined below) for the Tenant Items and any cost terms of the portions of Landlord’s Landlords Work that are Tenant Items which are in excess of the TI Allowance shall be paid by Tenant. For purposes of this Lease, “substantial completion” of Landlord’s Work Criteria annexed hereto as Schedule B. All such work shall be deemed to occur when have been substantially completed, notwithstanding the Premises are ready for Tenant’ occupancy fact that minor or insubstantial details of construction, mechanical adjustment, decoration, and other work remain to be completed. In all other respects, Tenant accepts the demised premises in "as is" condition and Tenant acknowledges that Landlord makes no representation as to the condition thereof, except for minor items which do not cause material interference with Tenant’s use and as herein expressly set forth. The taking of occupancy of the Premises whole or any part of the demised premises by Tenant shall be (A) conclusive evidence, as against Tenant, that Tenant accepts possession of the same and that the demised premises so occupied and the Building equipment, if any, servicing the demised premises, were in good and satisfactory condition at the time such occupancy was so taken, and (B) deemed to be a representation by Tenant that the demised premises are in the condition agreed to by Landlord and Tenant for commencement of the term hereof. Thereafter, Landlord shall have no obligation to do any further work in order to make the demised premises suitable and ready for occupancy and use by Tenant, excepting any minor punch list items. Any work to be performed by Tenant shall be subject to compliance with Landlord having obtained a certificate the terms and conditions of occupancy for this lease. Promptly following the Premises. If substantial completion of the such work by Landlord’s Work is delayed by , the parties shall within fifteen (15) days thereafter, at Landlord's request, execute a Tenant Delay, then substantial completion shall be deemed writing acknowledging the Commencement Date (the "Commencement Date Agreement)". Notwithstanding anything to occur on the date on which the Landlord’s Work in the Premises would have been substantially completed but for the occurrence of any Tenant Delay. As used contrary contained herein, a “Tenant Delay” shall mean each day of delay in the performance term of the Landlord’s Work that occurs (a) because of Tenant’s lease shall commence on Please Initial Landlord BF Tenant MS ---- ---- the Commencement Date as defined herein, and any failure to timely deliver or approve any required documentation such as any design or space plans (it being agreed that Tenant shall have a reasonable time to review and comment on any such design or space plan, which reasonable time shall be no less than five (5) business days), (b) because of any change by Tenant to any design or space plans after the same have been approved as final by Tenant in writing, or (c) because Tenant or its employees, agents, or contractors otherwise delay completion of the Landlord’s Work. On or before October 15 2018, Tenant’s architect shall deliver all plans, drawings, narratives and other materials required for submission of a TAA parties to Massport. For avoidance of doubt, Tenant’s failure to cause its architect to delivery execute such plans by such date shall be a Tenant Delay. In the event Tenant does not spend the entire TI Allowance, all remaining TI Allowance funds shall remain property of Landlord. Tenant Commencement Date Agreement shall not be obligated to pay any charge for affect the use validity of the building services (including, but not limited to, parking, freight elevators, loading docks, air handling capacity, utilization of the building chases for ducting purposes, Commencement Date as fixed and electricity) during construction of Landlord’s Work or during Tenant’s move into the Premises. The loading dock which may be used determined by Tenant during the Term shall be identified on a ground floor plan to be attached hereto Landlord as Exhibit A-1. Landlord shall provide for Tenant’s exclusive use a generator with an output not to exceed 250kW. Landlord shall contribute an amount not to exceed $50,000 towards the generator costs, which shall include but are not limited to the procurement and installation of the generator and transfer switch (collectively, the “Generator Installation Costs”), but shall exclude any costs related to any dunnage installation to the Building necessary to install the generator (the “Generator Dunnage Costs”). The Generator Dunnage Costs shall be the sole responsibility of Landlord. All Generator Installation Costs in excess of Landlord’s $50,000 contribution, exclusive of the Generator Dunnage Costs, shall be borne by Tenant. In addition, Tenant shall have the right, subject to Article 6.2.4, to install HVAC equipment, antennas and satellite dishes on the roof or other part of the Buildingaforesaid.
Appears in 1 contract
Sources: Office Lease (Porta Systems Corp)
Landlord’s Work. Notwithstanding Section 4.1 above, the Landlord shall coordinate, install and complete the Landlord’s Work as outlined in Schedule “G” to this Lease at its sole cost and expense. For clarity, the Landlord shall be solely responsible for any cost increases in the Landlord’s Work except solely for those expressly provided to be the Tenant’s obligation in Schedule “K” to this Lease and except to the extent such increases are being compensated via the Excess Facility Cost Payment by the Tenant. Landlord shall be responsible for costs of coordinating Landlord’s Work on the Premises. The Landlord shall use commercially reasonable efforts to (i) achieve Substantial Performance of the Landlord’s Work with all Preconditions satisfied, (ii) complete all of Landlord’s obligations pursuant to the Turnover Packages and (iii) complete all punch-list items (collectively, the “Turnover Condition”) by the Anticipated Premises Delivery Date and shall work diligently to achieve the Turnover Condition as soon as possible thereafter if the Turnover Condition is not achieved by the Anticipated Premises Delivery Date. The Landlord shall complete the Landlord’s Work in a good and workmanlike manner in accordance with all Applicable Laws and prior to the Tenant taking possession of the Premises. Notwithstanding the foregoing, the Landlord agrees to make a good faith effort to accommodate any reasonable request from the Tenant to engage service providers with domain expertise relating to the cGMP design, construction and commissioning of a radiopharmaceutical manufacturing facility. All other work required for the Premises including those items enumerated in 5.2 below as Tenant’s Work, may be provided and if provided same will be installed by the Tenant at the Tenant’s sole expense. The Landlord shall, as soon as reasonably possible following execution of this Lease, work with the Tenant to identify the systems and sub-systems serving the Premises that need to be adequately commissioned and confirm if the commissioning of the system or sub-system is the responsibility of the Landlord pursuant to the Landlord’s Work or Tenant pursuant to the Tenant’s Work. The Landlord will commission the base building fixtures attached to the Premises, such as fume hoods and the Tenant shall commission all its own equipment. Landlord’s installations shall be commissioned and qualified with oversight from Tenant or its agent and be compliant with health and safety regulations and Tenant’s installations or equipment shall be commissioned and qlaified with oversight from Tenant’s agent and be compliant with health and safety regulations. Landlord shall provide access to version controlled documentation by the Tenant upon request for health inspections and readiness activities. The Landlord will then create Turnover Packages for the systems and sub-systems to adequately commission the system or sub-system to a set of criteria that is agreed upon with the Tenant and consistent with cGMP requirements to ensure they perform improvements according to their intended design and specifications (the “Turnover Packages”). The Turnover Packages will contain all necessary testing protocols, check sheets and walk- through check lists that verify each system’s performance. The Tenant and Landlord shall use commercially reasonable efforts to review, agree upon and finalize the Turnover Packages. Both parties shall carry out their obligations pursuant to the Turnover Packages in a phased approach as the systems and sub-systems achieve a state of completion, this can occur prior to Substantial Performance being achieved. The Landlord’s Work”obligations include rectifying any Material Deficiencies and any deficiencies that are identified by Tenant or its representatives (punch list items) in during execution of the Turnover Packages or during walk-throughs. An agreed upon remediation plan will be developed and executed by the Landlord within a reasonable time commensurate with projects of this nature. Once Material Deficiencies and punch-list items are adequately resolved to achieve Substantial Performance, a representative of the Landlord and Tenant will execute an agreement or acknowledgement confirming the Turnover Condition has been satisfied and the facility can be safely occupied. Notwithstanding anything to the contrary herein, if the Landlord does not provide the Tenant with possession of the Premises in accordance with the attached Work Letter Turnover Condition by the Anticipated Premises Delivery Date, subject to delay caused by Force Majeure or any Tenant Delay (as hereinafter defined), and subject to any extension or revised Anticipated Premises Delivery Date pursuant to Schedule “K”, the Tenant shall be entitled to one (1) Rent-free day in respect of the Premises for each one (1) day thereafter that the Turnover Condition has not been satisfied. In addition, if the Turnover Condition is not satisfied by the Anticipated Premises Delivery Date for any reason, including due to Force Majeure, all relevant dates, including the commencement of the Fixturing Period, Commencement Date, expiration of the Term and all such improvements other relevant dates shall be in compliance with all applicable laws, codes and regulations. Landlord shall engage The Richmond Group as the general contractor delayed for the performance same number of days as satisfaction of the tenant improvements Turnover Condition is delayed from the Anticipated Premises Delivery Date. Subject to Force Majeure, any Tenant Delays and subject to any extension or revised Anticipated Premises Delivery Date pursuant to Schedule “K”, if the Turnover Condition is not satisfied within six (6) months of the Anticipated Premises Delivery Date, the Tenant shall be permitted to terminate this Lease by notice to the Landlord. If for any reason, including due to Force Majeure, the Turnover Condition is not satisfied within one (1) year of the Anticipated Premises Delivery Date, the Tenant shall be permitted to terminate this Lease by notice to the Landlord. For purposes hereof, “Tenant Delay(s)” shall mean and be limited to any actual delay (day for day) in the Work Letter that are identified with an “X” in the column labeled “Tenant” (the ‘‘Tenant Items”). The items on the Work Letter that are identified with an “X” in the column labeled “Landlord” shall be performed by Landlord at Landlord’s sole cost and expense with contractors chosen at Landlord’s sole and absolute discretion. All costs for the Tenant Items in the Work Letter shall be paid solely with funds from the TI Allowance (defined below). Notwithstanding anything herein to the contrarydesign, Landlord shall not be required to spend more than the TI Allowance (defined below) for the Tenant Items and any cost of the portions performance or progress of Landlord’s Work that are Tenant Items beyond the Anticipated Premises Delivery Date to the extent not caused by Landlord or Landlord’s agents, employees or contractors and which are cannot reasonably be mitigated by Landlord at no additional cost to Landlord in excess good faith, using reasonable diligence, if and to the extent resulting from any of the TI Allowance shall be paid following:
(i) any changes or change order requested by Tenant. For purposes of this Lease, “substantial completion” of Landlord’s Work shall be deemed Tenant to occur when the Premises are ready for Tenant’ occupancy except for minor items which do not cause material interference with Tenant’s use and occupancy of the Premises with Landlord having obtained a certificate of occupancy for the Premises. If substantial completion of Landlord’s Work is delayed by a Tenant Delay, then substantial completion shall be deemed to occur on the date on which the Landlord’s Work (excluding, for the avoidance of doubt, any items requested by Tenant to correct any error, omission, noncompliance or deficiency in Landlord’s Work, all of which Landlord shall correct at no additional cost to Tenant without the same constituting Tenant Delay(s)), unless the error, omission, non-compliance or deficiency was caused by the Tenant or found not to exist); or
(ii) any other delays based upon acts or, where there is an obligation of Tenant to act under this Lease, omissions to the extent the same actually delay the Landlord’s Work, and which are caused by Tenant, Tenant’s contractors, architects, engineers or anyone else engaged by Tenant in connection with the preparation of the Premises would have been substantially completed for Tenant’s occupancy, including, without limitation, vendors or contractors furnishing communications, data processing or other service, equipment, or furniture. In calculating the duration of any Tenant Delay, such duration shall be based upon the actual number of days of delay to Landlord’s Work beyond the Anticipated Premises Delivery Date if and to the extent attributable to the causes described above. In order to invoke Tenant Delay, Landlord must advise Tenant in writing of the alleged Tenant Delay reasonably promptly after Landlord becomes aware thereof but for in any event not later than 10 business days after Landlord becomes aware thereof. Landlord shall use commercially reasonable efforts to mitigate the occurrence impact of any Tenant Delay. As used herein, a “Landlord shall promptly notify Tenant Delay” shall mean each day of delay in writing in the performance of the Landlord’s Work event a delay is reasonably anticipated that occurs (a) because of Tenant’s failure to timely deliver or approve any required documentation such as any design or space plans (it being agreed that Tenant shall have a reasonable time to review and comment on any such design or space plan, which reasonable time shall be no less than five (5) business days), (b) because of any change by Tenant to any design or space plans after the same have been approved as final by Tenant in writing, or (c) because Tenant or its employees, agents, or contractors otherwise delay completion of the Landlord’s Work. On or before October 15 2018, Tenant’s architect shall deliver all plans, drawings, narratives and other materials required for submission of a TAA to Massport. For avoidance of doubt, Tenant’s failure to cause its architect to delivery such plans by such date shall could be a Tenant Delay. In the event Tenant does not spend the entire TI Allowance, all remaining TI Allowance funds shall remain property of Landlord. Tenant shall not be obligated to pay any charge for the use with reasonable particulars of the building services (including, but not limited to, parking, freight elevators, loading docks, air handling capacity, utilization nature and cause of the building chases for ducting purposes, and electricity) during construction of Landlord’s Work or during Tenant’s move into the Premises. The loading dock which may be used by Tenant during the Term shall be identified on a ground floor plan to be attached hereto as Exhibit A-1. Landlord shall provide for Tenant’s exclusive use a generator with an output not to exceed 250kW. Landlord shall contribute an amount not to exceed $50,000 towards the generator costs, which shall include but are not limited to the procurement and installation of the generator and transfer switch (collectively, the “Generator Installation Costs”), but shall exclude any costs related to any dunnage installation to the Building necessary to install the generator (the “Generator Dunnage Costs”). The Generator Dunnage Costs shall be the sole responsibility of Landlord. All Generator Installation Costs in excess of Landlord’s $50,000 contribution, exclusive of the Generator Dunnage Costs, shall be borne by Tenant. In addition, Tenant shall have the right, subject to Article 6.2.4, to install HVAC equipment, antennas and satellite dishes on the roof or other part of the Buildingdelay.
Appears in 1 contract