Landlord’s Work. 1.1 Landlord shall, at its sole cost and expense (including, without limitation, any costs in connection with space planning for the core and shell of the Building, construction and permits), (i) install site improvements on the Real Property substantially in accordance with the general layout depicted on Exhibit H attached to the Lease and (ii) construct the Building and complete certain base building improvements at the Premises to prepare the same for Tenant’s occupancy as more particularly described on Exhibit A attached to this Work Letter, which improvements are hereinafter referred to as the “Landlord’s Work.” The Landlord shall have the right to make changes and modifications to the Landlord’s Work during construction if required by building codes or Applicable Legal Requirements subject to the Tenant’s prior reasonable approval. Landlord shall complete the Landlord’s Work in a good and workmanlike manner in accordance with all Applicable Legal Requirements, and in accordance with final plans and specifications to be agreed upon by the parties pursuant to the terms of this Work Letter, subject to any “Force Majeure Delays” (as defined in Section 3.10 below) and any “Tenant Delays” (as defined in Section 1.6.3 below), in accordance with the construction schedule attached hereto as Exhibit E (the “Construction Schedule”). 1.2 The parties hereby acknowledge and approve the preliminary site plan attached hereto as Exhibit F, and the specifications attached hereto as Exhibit A, each of which have been prepared by the Landlord and submitted to the Tenant (collectively, the “Preliminary Plans and Specifications”). 1.3 Within thirty (30) days following the execution of the Lease, Landlord shall produce and submit to Tenant a complete set of construction plans and specifications (“Construction Drawings”), including architectural, structural, mechanical and electrical drawings, technical drawings, schedules, diagrams and specifications (which may be submitted separately, provided each are submitted within said 30 day period), all in sufficient detail to allow for the construction of the Landlord’s Work in accordance therewith. Such Construction Drawings shall be consistent with the Preliminary Plans and Specifications. 1.4 Tenant shall then have fifteen (15) business days following its receipt of the Construction Drawings in which to determine whether the Construction Drawings are consistent with the Preliminary Plans and Specifications and to approve or disapprove of the same on the basis thereof. Any notice of disapproval sent by Tenant shall set forth in detail Tenant’s reasons for determining that the subject Construction Drawings are not consistent with the Preliminary Plans and Specifications. If Tenant shall notify Landlord within said fifteen (15) business day period of its disapproval of the Construction Drawings, Landlord shall promptly revise said Construction Drawings in accordance with such comments and shall submit the revised documents to Tenant. Tenant shall then have an additional period of fifteen (15) business days in which to approve or disapprove of the revised Construction Drawings in accordance with the procedure outlined above. If Tenant fails to give notice within the applicable fifteen (15) business day period that it disapproves of the Construction Drawings or any revisions thereto submitted by Landlord, said Construction Drawings shall be deemed to have been approved. Upon Tenant’s approval or deemed approval, such Construction Drawings shall constitute the “Final Plans and Specifications.” Tenant agrees that it will not withhold its approval to any of the plans and specifications submitted pursuant to this Section 1.4 except for just and reasonable cause and will not act in an arbitrary or capricious manner with respect to the approval of the same. 1.5 From and after the approval of the Final Plans and Specifications, upon the request of Landlord to amend the Final Plans and Specifications or the request of Tenant with respect to a Change Order, the other party hereto shall accept or reject such request within five (5) business days thereof, and a failure to respond within said 5 business day period shall be deemed an approval of such a request.
Appears in 1 contract
Samples: Lease (Constant Contact, Inc.)
Landlord’s Work. 1.1 Landlord shall, at its sole cost and expense expense, (includinga) complete the work described in the attached Exhibit C (“Landlord’s Environmental Work”), without limitationand (b) install a new minimum 650-ton cooling tower in the Premises (with Landlord’s Environmental Work, any costs in connection with space planning for collectively, “Landlord’s Work”). Notwithstanding the core terms hereof and shell of Exhibit C, the actual scope of Landlord’s Environmental Work may be modified by Landlord as reasonably necessary to address the actual environmental condition of the BuildingPremises, construction but shall not be materially reduced below the scope of work set forth in Exhibit C. Landlord will provide to Tenant upon completion of Landlord’s Environmental Work a report describing the actual scope and permitsextent of Landlord’s Environmental Work (including soil vapor testing), (i) install site improvements on which report will be deemed to modify the Real Property substantially definition of Landlord’s Environmental Work for all purposes under this Lease. Without limiting the foregoing, Tenant agrees and acknowledges that after completion of Landlord’s Environmental Work, certain Hazardous Materials may remain in accordance with the general layout depicted on Exhibit H attached to the Lease and (ii) construct the Building and complete certain base building improvements at the Premises to prepare the same for Tenant’s occupancy Buildings, as more particularly described on Exhibit A in the attached to this Work Letter, which improvements are hereinafter referred to as the “Landlord’s Work.” The Landlord shall have the right to make changes and modifications to the Landlord’s Work during construction if required by building codes or Applicable Legal Requirements subject to the Tenant’s prior reasonable approval. Landlord shall complete the Landlord’s Work in a good and workmanlike manner in accordance with all Applicable Legal Requirements, and in accordance with final plans and specifications to be agreed upon by the parties pursuant to the terms of this Work Letter, subject to any “Force Majeure Delays” (as defined in Section 3.10 below) and any “Tenant Delays” (as defined in Section 1.6.3 below), in accordance with the construction schedule attached hereto as Exhibit E (the “Construction Schedule”).
1.2 The parties hereby acknowledge and approve the preliminary site plan attached hereto as Exhibit F, and the specifications attached hereto as Exhibit A, each of which have been prepared by the Landlord and submitted to the Tenant Schedule 9.1 (collectively, the “Preliminary Plans and SpecificationsRemaining Materials”).
1.3 Within thirty (30) days following the execution of the Lease, . Landlord shall produce and submit will deliver to Tenant a complete set final report from Landlord’s environmental consultant documenting the completion of construction plans and specifications (“Construction Drawings”), including architectural, structural, mechanical and electrical drawings, technical drawings, schedules, diagrams and specifications (which may be submitted separately, provided each are submitted within said 30 day period), all in sufficient detail to allow Landlord’s Environmental Work. Except for the construction of the Landlord’s Work in accordance therewith. Such Construction Drawings shall be consistent with and Landlord’s obligations under Section 8.1, the Preliminary Plans and Specifications.
1.4 Tenant shall then have fifteen (15) business days following its receipt Premises as furnished by Landlord will consist of the Construction Drawings improvements and fixtures as they exist in which to determine whether the Construction Drawings are consistent with the Preliminary Plans Premises on and Specifications and to approve or disapprove as of the same on the basis thereof. Any notice of disapproval sent by Tenant shall set forth in detail Tenant’s reasons for determining that the subject Construction Drawings are not consistent with the Preliminary Plans Commencement Date, and Specifications. If Tenant shall notify Landlord within said fifteen (15) business day period of its disapproval of the Construction Drawings, Landlord shall promptly revise said Construction Drawings in accordance with such comments and shall submit the revised documents have no obligation for construction work or for making or installing any improvements, fixtures or equipment on, to Tenant. Tenant shall then have an additional period of fifteen (15) business days in which to approve or disapprove of the revised Construction Drawings in accordance with the procedure outlined above. If Tenant fails to give notice within the applicable fifteen (15) business day period that it disapproves of the Construction Drawings or any revisions thereto submitted by Landlord, said Construction Drawings shall be deemed to have been approved. Upon Tenant’s approval or deemed approval, such Construction Drawings shall constitute the “Final Plans and SpecificationsPremises.” Tenant agrees that it will not withhold its approval to any of the plans and specifications submitted pursuant to this Section 1.4 except for just and reasonable cause and will not act in an arbitrary or capricious manner with respect to the approval of the same.
1.5 From and after the approval of the Final Plans and Specifications, upon the request of Landlord to amend the Final Plans and Specifications or the request of Tenant with respect to a Change Order, the other party hereto shall accept or reject such request within five (5) business days thereof, and a failure to respond within said 5 business day period shall be deemed an approval of such a request.
Appears in 1 contract
Samples: Commercial Lease (Tesla Motors Inc)
Landlord’s Work. 1.1 In addition to the Base, Shell and Core, Landlord in accordance with Landlord’s plans and specifications for the same, shall perform the following work (collectively, “Landlord’s Work”) in the Project: (i) modify all relevant mechanical/HVAC and Fire/Life/Safety systems serving the Building as deemed necessary by Landlord to convert the Project from a single-tenant building to a multi-tenant Project (including, the splitting of such mechanical/HVAC and Fire/Life/Safety systems as necessary to separately demise the Premises from the remainder of the Project and the Fire/Life/Safety and Access System work described on Schedule “1” attached hereto and made a part hereof); (ii) in accordance with applicable laws in effect as of the date of the Lease, install a fire exit stairwell to be located near the center atrium of the Project; (iii) inspect the HVAC system serving the Premises for proper working condition and to the extent not already existing as of the date of the Lease, complete the HVAC System related work described on Schedule “1” attached hereto; and (iv) restore the second (2nd) floor portion of the Project located over the lobby atrium of the Project as may be necessary to facilitate the installation of the proposed stairwell described in clause (ii) of this Section 1.2 (the “Atrium Restoration Work”). Landlord’s Work shall be performed in compliance with all applicable laws in effect as of the date of the Lease. The cost of Landlord’s Work shall be borne by Landlord; provided, however, Tenant shall, at its sole cost and expense (including, without limitation, any reimburse Landlord for the costs incurred by Landlord in connection with space planning for the core design and shell construction of the BuildingAtrium Restoration Work as a charge against the Existing Lease Restoration Deposit as set forth in Section 2(d)(iv) of the Lease. Notwithstanding anything to the contrary herein, construction the calculation of the costs and permits), (i) install site improvements on the Real Property substantially expenses incurred by Landlord in accordance connection with the general layout depicted on Exhibit H attached to Atrium Restoration Work shall specifically exclude the Lease costs and expenses of installing the stairwell described in clause (ii) construct of this Section 1.2 and such costs and expenses of installing the Building and complete certain base building improvements at the Premises to prepare the same for Tenant’s occupancy as more particularly described on Exhibit A attached to this Work Letter, which improvements are hereinafter referred to as the “stairwell shall be borne by Landlord’s Work.” The Landlord shall have the right to make changes and modifications to the Landlord’s Work during construction if required by building codes or Applicable Legal Requirements subject to the Tenant’s prior reasonable approval. Landlord shall complete competitively bid the Landlord’s construction of the Atrium Restoration Work in a good and workmanlike manner in accordance with all Applicable Legal Requirements, and in accordance with final plans and specifications to be agreed upon by the parties pursuant to the terms of this Work Letter, subject to any “Force Majeure Delays” at least three (as defined in Section 3.10 below3) and any “Tenant Delays” (as defined in Section 1.6.3 below)contractors. Tenant, in accordance with Landlord’s bidding process, may submit to Landlord the name of one (1) contractor to competitively bid such construction, so long as such contractor satisfies Landlord’s selection criteria and qualifications. The three (3) contractors shall submit their bids on a “sealed bid” basis to Landlord and Tenant at the same time. Landlord and Tenant shall thereafter meet to review said bids and attempt to mutually agree upon the contractor to be selected to perform the Atrium Restoration Work. If Landlord and Tenant fail to agree upon the contractor to be awarded the construction schedule attached hereto as Exhibit E (the “Construction Schedule”).
1.2 The parties hereby acknowledge and approve the preliminary site plan attached hereto as Exhibit F, and the specifications attached hereto as Exhibit A, each of which have been prepared by the Landlord and submitted to the Tenant (collectively, the “Preliminary Plans and Specifications”).
1.3 Within thirty (30) days following the execution of the Lease, Landlord shall produce and submit to Tenant a complete set of construction plans and specifications (“Construction Drawings”), including architectural, structural, mechanical and electrical drawings, technical drawings, schedules, diagrams and specifications (which may be submitted separately, provided each are submitted within said 30 day period), all in sufficient detail to allow for the construction of the Landlord’s Work in accordance therewith. Such Construction Drawings shall be consistent with the Preliminary Plans and Specifications.
1.4 Tenant shall then have fifteen (15) business days following its receipt of the Construction Drawings in which to determine whether the Construction Drawings are consistent with the Preliminary Plans and Specifications and to approve or disapprove of the same on the basis thereof. Any notice of disapproval sent by Tenant shall set forth in detail Tenant’s reasons for determining that the subject Construction Drawings are not consistent with the Preliminary Plans and Specifications. If Tenant shall notify Landlord within said fifteen (15) business day period of its disapproval of the Construction Drawings, Landlord shall promptly revise said Construction Drawings in accordance with such comments and shall submit the revised documents to Tenant. Tenant shall then have an additional period of fifteen (15) business days in which to approve or disapprove of the revised Construction Drawings in accordance with the procedure outlined above. If Tenant fails to give notice within the applicable fifteen (15) business day period that it disapproves of the Construction Drawings or any revisions thereto submitted by Landlord, said Construction Drawings shall be deemed to have been approved. Upon Tenant’s approval or deemed approval, such Construction Drawings shall constitute the “Final Plans and Specifications.” Tenant agrees that it will not withhold its approval to any of the plans and specifications submitted pursuant to this Section 1.4 except for just and reasonable cause and will not act in an arbitrary or capricious manner with respect to the approval of the same.
1.5 From and after the approval of the Final Plans and Specifications, upon the request of Landlord to amend the Final Plans and Specifications or the request of Tenant with respect to a Change Order, the other party hereto shall accept or reject such request contract within five (5) business days thereof, following the delivery of the last sealed bid to Landlord and Tenant. The award shall go the contractor whose bid was the lowest (after first adjusting the bids for inconsistent or incorrect assumptions so that a like-kind comparison can be made and a failure low bidder determined). Landlord and Tenant agree to respond within said 5 business day period shall be deemed an approval of such a requestuse their commercially reasonable efforts to coordinate their respective work in order to avoid conflicts between Landlord’s Work and the Improvements.
Appears in 1 contract
Samples: Standard Office Lease (Move Inc)
Landlord’s Work. 1.1 Landlord shallLessor shall use commercially reasonable efforts to --------------- diligently prosecute and substantially complete in a timely manner, at its Lessor's sole cost and expense (includingexpense, without limitation, any costs in connection with space planning for the core and shell improvements of the Building, construction and permits), (i) install site improvements on the Real Property substantially Project described in accordance with the general layout depicted on Exhibit H attached to the Lease and (ii) construct the Building and complete certain base building improvements at the Premises to prepare the same for Tenant’s occupancy as more particularly described on Exhibit A attached to this Work Letter, which improvements are hereinafter referred to as the “Landlord’s Work.” The Landlord shall have the right to make changes and modifications to the Landlord’s Work during construction if required by building codes or Applicable Legal Requirements subject to the Tenant’s prior reasonable approval. Landlord shall complete the Landlord’s Work in a good and workmanlike manner in accordance with all Applicable Legal Requirements, and in accordance with final plans and specifications to be agreed upon by the parties pursuant to the terms of this Work Letter, subject to any “Force Majeure Delays” (as defined in Section 3.10 below) and any “Tenant Delays” (as defined in Section 1.6.3 below), in accordance with the construction schedule "B-1" attached hereto as Exhibit E (the “Construction Schedule”).
1.2 The parties hereby acknowledge and approve the preliminary site plan attached hereto as Exhibit F, and the specifications attached hereto as Exhibit A, each of which have been prepared by the Landlord and submitted to the Tenant (collectively, "Landlord Work"). In addition, Lessor agrees to pay to Lessee the “Preliminary Plans and Specifications”amounts specified in the attached Exhibit "B-2" in lieu of Lessor's construction or installation of the identified improvements, (the "In-Lieu Payments").
1.3 Within , within thirty (30) days following after written request of Lessee therefor made from and after Lessor's completion of Landlord Work, together with reasonably detailed back-up documentation satisfactory to Lessor of such amounts actually incurred by Lessee. The improvements identified on the execution attached Exhibit "B-2" in connection with the In-Lieu Payments shall be completed by Lessee, at Lessee's sole cost and expense including any amounts in excess of the LeaseIn- Lieu Payments, Landlord shall produce and submit to Tenant a complete set of construction plans and specifications (“Construction Drawings”), including architectural, structural, mechanical and electrical drawings, technical drawings, schedules, diagrams and specifications (which may be submitted separately, provided each are submitted within said 30 day period), all in sufficient detail to allow for the construction as part of the Landlord’s Tenant Improvements Work in accordance therewith(as defined below). Such Construction Drawings The In-Lieu Payments to be paid by Lessor shall be consistent with in addition to the Preliminary Plans Allowance (as defined and Specifications.
1.4 described in the Tenant Improvements Work Letter attached hereto at Exhibit "C" and incorporated by this reference). Lessor shall then have fifteen (15) business days following its receipt of the Construction Drawings in which to determine whether the Construction Drawings are consistent with the Preliminary Plans and Specifications and to approve or disapprove of the same on the basis thereof. Any notice of disapproval sent by Tenant shall set forth in detail Tenant’s reasons for determining that the subject Construction Drawings are not consistent with the Preliminary Plans and Specifications. If Tenant shall notify Landlord within said fifteen (15) business day period of its disapproval of the Construction Drawings, Landlord shall promptly revise said Construction Drawings in accordance with such comments and shall submit the revised documents to Tenant. Tenant shall then have an additional period of fifteen (15) business days in which to approve or disapprove of the revised Construction Drawings in accordance with the procedure outlined above. If Tenant fails to give notice within the applicable fifteen (15) business day period that it disapproves of the Construction Drawings or any revisions thereto submitted by Landlord, said Construction Drawings shall be deemed to have been approved. Upon Tenant’s approval or deemed approval, such Construction Drawings shall constitute the “Final Plans and Specifications.” Tenant agrees that it will not withhold its approval to any of the plans and specifications submitted pursuant to this Section 1.4 except for just and reasonable cause and will not act in an arbitrary or capricious manner no obligation whatsoever with respect to the approval of the same.
1.5 From and after the approval of the Final Plans and SpecificationsTenant Improvements Work, upon the request of Landlord to amend the Final Plans and Specifications or the request of Tenant including without limitation, any improvements with respect to a Change Orderwhich the In-Lieu Payments are made as provided in Exhibit "B-2." Lessor shall complete the Landlord Work in good and workmanlike manner, the other party hereto shall accept or reject such request within five (5) business days thereofin lien-free condition, and a failure free of defects in materials and workmanship. All references in the Lease to respond within said 5 business day period Base Building Work to be completed by Lessor shall be deemed an approval of such a requestamended to refer to Landlord Work, and Landlord Work shall be strictly limited to the improvements described in the attached Exhibit "B-1."
Appears in 1 contract
Samples: Standard Industrial/Commercial Single Tenant Lease (Homegrocer Com Inc)
Landlord’s Work. 1.1 Landlord shall, at its sole At Landlord’s cost and expense (includingusing the Landlord’s Work Allowance, without limitation, any costs in connection with space planning for Landlord shall complete the core and shell of the BuildingBuildings, construction the Parking Facility, the Phase 2 Work and permitsthe Parking Improvements described in the final plans and specifications that Landlord delivers to Tenant following the Effective Date (the “Final Landlord’s Work Plans”), with it being understood that such Final Landlord’s Work Plans will be (i) install site improvements on the Real Property substantially in accordance consistent with the general layout depicted on Exhibit H scope of work (for clarity, the Landlord’s Work shall include the scope marked “included” and shall not include the scope marked “excluded”) described in SCHEDULE C-1 attached hereto, and (ii) substantially similar to the current plan sheets attached to the Lease as EXHIBIT B and (ii) construct the Building and complete certain base building improvements at the Premises to prepare the same for Tenant’s occupancy as more particularly described on Exhibit A attached to this Work LetterLetter as SCHEDULE C-1 (collectively, which improvements are hereinafter the “Preliminary Landlord’s Work Plans”). In the event of any conflict between the scope of Landlord’s Work and the plan sheets attached as SCHEDULE C-1, the scope of work described in SCHEDULE C-1 shall control. The work described in the Final Landlord’s Work Plans, together with the Phase 2 Work and Parking Improvements, is referred to herein as the “Landlord’s Work.” The or “Landlord Work”. Landlord shall cause all of Landlord’s Work to be constructed in accordance with Legal Requirements. For clarity, Tenant acknowledges that the Preliminary Landlord’s Work Plans are substantially complete but are subject to further adjustment, and, in the event of any conflict between the Preliminary Landlord’s Work Plans and the Final Landlord’s Work Plans, the Final Landlord’s Work Plans shall govern and control in all respects with regard to Landlord’s Work. Tenant acknowledges that (i) Landlord is executing a guaranteed maximum price construction contract (the “GMP Contract”) with Xxxxxxxxx & Gorrie, L.L.C. (the “General Contractor”) for Landlord’s Work concurrently with Landlord’s execution of this Lease, (ii) each category of costs within such construction contract has been priced using the Preliminary Landlord’s Work Plans, and (iii) the General Contractor will order certain materials and sign contracts with certain subcontractors promptly following the date hereof. For clarity, Landlord acknowledges and agrees that if the cost of Landlord’s Work exceeds the Landlord’s Work Allowance for any reason other than a Tenant Change Order (as further described in Section III below), then Landlord shall be solely responsible for paying such additional costs. Tenant shall have the right to make changes and modifications to review, on an open book basis, the costs incurred by Landlord in connection with the Landlord’s Work during construction if required by building codes or Applicable Legal Requirements subject to the Tenant’s prior reasonable approval. Landlord shall complete the Landlord’s Work in a good and workmanlike manner in accordance with all Applicable Legal RequirementsWork, and in accordance with final plans and specifications to be agreed upon by the parties pursuant to the terms of this Work Letterincluding, subject to any “Force Majeure Delays” (as defined in Section 3.10 below) and any “Tenant Delays” (as defined in Section 1.6.3 below), in accordance with the construction schedule attached hereto as Exhibit E (the “Construction Schedule”).
1.2 The parties hereby acknowledge and approve the preliminary site plan attached hereto as Exhibit F, and the specifications attached hereto as Exhibit A, each of which have been prepared by the Landlord and submitted to the Tenant (collectively, the “Preliminary Plans and Specifications”).
1.3 Within thirty (30) days following the execution of the Lease, Landlord shall produce and submit to Tenant a complete set of construction plans and specifications (“Construction Drawings”), including architectural, structural, mechanical and electrical drawings, technical drawings, schedules, diagrams and specifications (which may be submitted separately, provided each are submitted within said 30 day period)but not limited to, all in sufficient detail to allow for the construction of the Landlord’s Work in accordance therewith. Such Construction Drawings shall be consistent with the Preliminary Plans and Specifications.
1.4 Tenant shall then have fifteen (15) business days following its receipt of the Construction Drawings in which to determine whether the Construction Drawings are consistent with the Preliminary Plans and Specifications and to approve or disapprove of the same on the basis thereof. Any notice of disapproval sent draw requests made by Tenant shall set forth in detail Tenant’s reasons for determining that the subject Construction Drawings are not consistent with the Preliminary Plans and Specifications. If Tenant shall notify Landlord within said fifteen (15) business day period of its disapproval of the Construction Drawings, Landlord shall promptly revise said Construction Drawings in accordance with such comments and shall submit the revised documents to Tenant. Tenant shall then have an additional period of fifteen (15) business days in which to approve or disapprove of the revised Construction Drawings in accordance with the procedure outlined above. If Tenant fails to give notice within the applicable fifteen (15) business day period that it disapproves of the Construction Drawings or any revisions thereto submitted by Landlord, said Construction Drawings shall be deemed to have been approved. Upon Tenant’s approval or deemed approval, such Construction Drawings shall constitute the “Final Plans and Specifications.” Tenant agrees that it will not withhold its approval to any of the plans and specifications submitted pursuant to this Section 1.4 except for just and reasonable cause and will not act in an arbitrary or capricious manner with respect to the approval of the same.
1.5 From and after the approval of the Final Plans and Specifications, upon the request of Landlord to amend the Final Plans and Specifications or the request of Tenant with respect to a Change Order, the other party hereto shall accept or reject such request within five (5) business days thereof, and a failure to respond within said 5 business day period shall be deemed an approval of such a requestits construction lender.
Appears in 1 contract
Samples: Lease Agreement (Bandwidth Inc.)
Landlord’s Work. 1.1 Landlord shallLandlord, at its sole cost expense. shall provide Tenant a Tenant improvement allowance (Allowance) in the amount of Ten Thousand Three Hundred Seven-Four and expense 00/100 (including, without limitation, any costs in connection with space planning for the core and shell $10,374.00). The Allowance shall be paid by Landlord to Tenant within 30 days after receipt from Tenant of copies of the Buildinginvoices for which payment is requested, construction and permits), together with: (i) install site improvements on the Real Property substantially in accordance with the general layout depicted on Exhibit H attached to the Lease Tenant’s application for payment which will include all copies of invoices Tenant is requesting payment for. and (ii) construct lien waivers for all the Building and complete certain base building improvements at the Premises to prepare the same for Tenant’s occupancy as more particularly described on Exhibit A attached to this Work Letter, which improvements are hereinafter referred to as the “Landlord’s Work.” The Landlord shall have the right to make changes and modifications to the Landlord’s Work during construction if required by building codes or Applicable Legal Requirements subject to the Tenant’s prior reasonable approval. Landlord shall complete the Landlord’s Work in a good and workmanlike manner in accordance with all Applicable Legal Requirements, and in accordance with final plans and specifications to be agreed upon by the parties pursuant to the terms of this Work Letter, subject to any “Force Majeure Delays” (as defined in Section 3.10 below) and any “Tenant Delays” (as defined in Section 1.6.3 below), in accordance with the construction schedule attached hereto as Exhibit E (the “Construction Schedule”).
1.2 The parties hereby acknowledge and approve the preliminary site plan attached hereto as Exhibit F, and the specifications attached hereto as Exhibit A, each of which have been prepared by the Landlord and submitted to the Tenant (collectively, the “Preliminary Plans and Specifications”).
1.3 Within thirty (30) days following the execution of the Lease, Landlord shall produce and submit to Tenant a complete set of construction plans and specifications (“Construction Drawings”), including architectural, structural, mechanical and electrical drawings, technical drawings, schedules, diagrams and specifications (which may be submitted separately, provided each are submitted within said 30 day period), all in sufficient detail to allow for the construction of the Landlord’s Work in accordance therewith. Such Construction Drawings shall be consistent with the Preliminary Plans and Specifications.
1.4 Tenant shall then have fifteen (15) business days following its receipt of the Construction Drawings in which to determine whether the Construction Drawings are consistent with the Preliminary Plans and Specifications and to approve or disapprove of the same on the basis thereof. Any notice of disapproval sent by Tenant shall set forth in detail Tenant’s reasons for determining 's certification that the subject Construction Drawings are not consistent with lien waivers represent all the Preliminary Plans and Specifications. If Tenant shall notify Landlord within said fifteen (15) business day period of its disapproval of the Construction Drawings, Landlord shall promptly revise said Construction Drawings in accordance with such comments and shall submit the revised documents to TenantWork. Tenant shall then have an additional period of fifteen indemnify Landlord and save it harmless from all claims, damages. losses, liabilities and expenses (15including reasonable attorney's fees) business days in which to approve or disapprove arising out of the revised Construction Drawings Work or any act or omission of Tenant. Tenant's Contractor or Tenant's Representatives in accordance performing the Work. Tenant shall not cause any mechanics' liens or other liens and encumbrances (collective. Work liens) to be filed against the Land. the Building or the Premises in connection with the procedure outlined aboveWork. If any Work Lines shall be so filed, Tenant fails to give notice within the applicable fifteen shall indemnify and defend Landlord fir. from and against any Work Liens filed by any person claiming through or under Tenant and against all costs. expenses. losses and liabilities (15including reasonable attorneys' fees) business day period that it disapproves of the Construction Drawings incurred by Landlord in connection with any such Work Lien or any revisions thereto submitted by action or proceeding brought thereon. Tenant at its expense shall procure the discharge of record of all such Work Liens within 20 days after notice thereof. Landlord's contribution to Improvements shall be. and hereby is limited to, said Construction Drawings the foregoing work. and any additional work shall be deemed to have been approved. Upon the sole responsibility of Tenant’s approval or deemed approval, such Construction Drawings shall constitute the “Final Plans and Specifications.” Tenant agrees that it will not withhold its approval to any of the plans and specifications submitted pursuant to this Section 1.4 except for just and reasonable cause and will not act in an arbitrary or capricious manner with respect to the approval of the same.
1.5 From and after the approval of the Final Plans and Specifications, upon the request of Landlord to amend the Final Plans and Specifications or the request of Tenant with respect to a Change Order, the other party hereto shall accept or reject such request within five (5) business days thereof, and a failure to respond within said 5 business day period shall be deemed an approval payment for the expense of such a requestadditional work (should Landlord perform such additional work) to be payable by Tenant to Landlord as Additional Rent.
Appears in 1 contract
Landlord’s Work. 1.1 (i) Landlord shall, at its sole cost Landlord’s expense, perform that work described in the Work Letter attached hereto as Exhibit A (“Work Letter”). It is expressly understood and expense (includingagreed that Landlord’s obligations relating to Landlord’s Work shall be limited to the scope of work described in the Work Letter and shall in no event include any work not described therein and shall not include the performance, without limitationprocurement and/or installation of any other work, any fixtures or equipment. Further, Landlord shall be responsible for costs and expenses related to Landlord’s Work, as described in connection with space planning for the core and shell of the Building, construction and permits), (i) install site improvements on the Real Property substantially in accordance with the general layout depicted on Exhibit H Work Letter attached to this Amendment, up to the Lease and amount of $279,178.00 (“Landlord’s Contribution”).
(ii) construct Notwithstanding anything to the Building and complete certain base building improvements at contrary set forth in the Premises to prepare Lease, this Eleventh Amendment, or the same for Tenant’s occupancy as more particularly described on Exhibit A attached to this Work Letter, which improvements are hereinafter referred to as the “Landlord’s Work.” The Landlord (A) Tenant shall have the right to make changes be responsible for any costs and modifications to expenses of the Landlord’s Work during construction if required by building codes or Applicable Legal Requirements subject to described in the Tenant’s prior reasonable approval. Landlord shall complete the Work Letter over and above $279,178.00 (“Landlord’s Work Contribution Cap”), and, except as otherwise set forth in a good and workmanlike manner in accordance with all Applicable Legal Requirements, and in accordance with final plans and specifications to be agreed upon by Section 4(a) of the parties pursuant to the terms of this Work Letter, subject to Tenant shall reimburse Landlord for any “Force Majeure Delays” (as defined in Section 3.10 below) and any “Tenant Delays” (as defined in Section 1.6.3 below), in accordance with the construction schedule attached hereto as Exhibit E (the “Construction Schedule”).
1.2 The parties hereby acknowledge and approve the preliminary site plan attached hereto as Exhibit F, and the specifications attached hereto as Exhibit A, each of which have been prepared by the Landlord and submitted to the Tenant (collectively, the “Preliminary Plans and Specifications”).
1.3 Within such amounts within thirty (30) days following the execution of receipt of the Leasereasonable and actual invoices relating thereto, Landlord shall produce and submit (B) to Tenant a complete set of construction plans and specifications (“Construction Drawings”), including architectural, structural, mechanical and electrical drawings, technical drawings, schedules, diagrams and specifications (which may be submitted separately, provided each are submitted within said 30 day period), all in sufficient detail to allow for the construction of extent the Landlord’s Work in accordance therewith. Such Construction Drawings is completed for less than the Landlord’s Contribution Cap, any excess funds shall be consistent with the Preliminary Plans property of Landlord and Specificationsnot Tenant.
1.4 Tenant (iii) All Landlord’s Work shall then have fifteen (15) business days following its receipt constitute improvements to the Premises and remain the property of the Construction Drawings in which to determine whether the Construction Drawings are consistent with the Preliminary Plans and Specifications and to approve or disapprove Landlord upon expiration of the same on the basis thereof. Any notice of disapproval sent by Tenant shall set forth in detail Tenant’s reasons for determining that the subject Construction Drawings are not consistent with the Preliminary Plans and Specifications. If Tenant shall notify Landlord within said fifteen (15) business day period of its disapproval Term of the Construction Drawings, Lease. Landlord shall promptly revise said Construction Drawings use commercially reasonable efforts to complete the Landlord Work’s within the Premises within four (4) months after the Effective Date, subject to any force majeure and any Tenant delays. All Landlord’s Work shall be performed in accordance with such comments and shall submit the revised documents to TenantLandlord’s tenant improvement standards. Tenant shall then have an additional period of fifteen (15) business days in which to approve or disapprove of the revised Construction Drawings in accordance with the procedure outlined above. If Tenant fails to give notice within the applicable fifteen (15) business day period that it disapproves of the Construction Drawings or any revisions thereto submitted by Landlord, said Construction Drawings There shall be deemed to have been approved. Upon Tenantno charge for the cost of Landlord’s approval or deemed approval, such Construction Drawings shall constitute the “Final Plans and Specificationsin-house project manager/construction supervisor.” Tenant agrees that it will not withhold its approval to any of the plans and specifications submitted pursuant to this Section 1.4 except for just and reasonable cause and will not act in an arbitrary or capricious manner with respect to the approval of the same.
1.5 From and after the approval of the Final Plans and Specifications, upon the request of Landlord to amend the Final Plans and Specifications or the request of Tenant with respect to a Change Order, the other party hereto shall accept or reject such request within five (5) business days thereof, and a failure to respond within said 5 business day period shall be deemed an approval of such a request.
Appears in 1 contract
Landlord’s Work. 1.1 A. Landlord shall, shall at its sole cost and expense (including, without limitation, any costs in connection with space planning for the core and shell of the Building, construction and permits), (i) install site improvements on the Real Property substantially in accordance with the general layout depicted on Exhibit H attached to the Lease and (ii) construct the Building and complete certain base building improvements at the Premises to prepare the same for Tenant’s occupancy as more particularly described on Exhibit A attached to this Work Letter, which improvements are hereinafter referred to as the “Landlord’s Work.” The Landlord shall have the right to make changes and modifications but subject to the Landlord’s Work during construction if required by building codes or Applicable Legal Requirements subject to Cap (as hereinafter defined) perform the Tenant’s prior reasonable approval. Landlord shall complete the items of work described as Landlord's Work in E xhibit “C”, attached hereto and made a part hereof (“Landlord’s Work Work") in a good and workmanlike manner prior to the Commencement Date. Landlord shall have “ Substantially Completed” Landlord’s Work when Landlord sufficiently completes the requisite work subject only to completion of minor punch-list items that will not materially delay or adversely affect Tenant’s ability to construct Tenant’s Work. Landlord’s architect’s signed certificate certifying Substantial Completion of Landlord’s Work shall constitute an acknowledgment by Tenant that the Premises are in the condition called for by this Lease and that Landlord has satisfactorily performed all of Landlord's Work with respect thereto.
B. Any and all work to the Premises in addition to Landlord's Work which is necessary for Tenant to open and operate its business in accordance with all Applicable Legal Requirements, and in accordance with final plans and specifications to be agreed upon by the parties pursuant to the terms of this Work Letter, subject to any “Force Majeure Delays” (as defined in Section 3.10 below) and any “Tenant Delays” (as defined in Section 1.6.3 below), in accordance with the construction schedule attached hereto as Exhibit E Lease (the “Construction Schedule”).
1.2 The parties hereby acknowledge "T enant's Work") shall be Tenant's obligation to perform at Tenant's sole cost and approve the preliminary site plan attached hereto as Exhibit F, and the specifications attached hereto as Exhibit A, each of which have been prepared by the expense. Tenant will indemnify Landlord and submitted to the Tenant (collectivelysave it harmless from and against any and all claims, the “Preliminary Plans actions, suits at law or equity, judgments, expenses, costs, liabilities, fines and Specifications”).
1.3 Within thirty (30) days following the execution of the Leasedebts in connection with any injury, Landlord shall produce and submit to Tenant a complete set of construction plans and specifications (“Construction Drawings”), including architectural, structural, mechanical and electrical drawings, technical drawings, schedules, diagrams and specifications (which may be submitted separately, provided each are submitted within said 30 day period), all in sufficient detail to allow for the construction of the Landlord’s Work in accordance therewith. Such Construction Drawings shall be consistent with the Preliminary Plans and Specifications.
1.4 Tenant shall then have fifteen (15) business days following its receipt of the Construction Drawings in which to determine whether the Construction Drawings are consistent with the Preliminary Plans and Specifications and to approve loss or disapprove of the same on the basis thereof. Any notice of disapproval sent by Tenant shall set forth in detail Tenant’s reasons for determining that the subject Construction Drawings are not consistent with the Preliminary Plans and Specifications. If Tenant shall notify Landlord within said fifteen (15) business day damage during any period of its disapproval of the Construction Drawings, Landlord shall promptly revise said Construction Drawings in accordance with such comments and shall submit the revised documents to Tenant. Tenant shall then have an additional period of fifteen (15) business days in which to approve or disapprove of the revised Construction Drawings in accordance with the procedure outlined above. If Tenant fails to give notice within the applicable fifteen (15) business day period that it disapproves of the Construction Drawings or any revisions thereto submitted by Landlord, said Construction Drawings shall be deemed to have been approved. Upon Tenant’s approval or deemed approval, such Construction Drawings shall constitute the “Final Plans and Specifications's Work.” Tenant agrees that it will not withhold its approval to any of the plans and specifications submitted pursuant to this Section 1.4 except for just and reasonable cause and will not act in an arbitrary or capricious manner with respect to the approval of the same.
1.5 From and after the approval of the Final Plans and Specifications, upon the request of Landlord to amend the Final Plans and Specifications or the request of Tenant with respect to a Change Order, the other party hereto shall accept or reject such request within five (5) business days thereof, and a failure to respond within said 5 business day period shall be deemed an approval of such a request.
Appears in 1 contract
Samples: Lease Agreement
Landlord’s Work. 1.1 TENANT ACKNOWLEDGES AND AGREES THAT IT HAS INSPECTED THE PREMISES AND THAT, EXCEPT FOR LANDLORD’S WORK, TENANT IS ACCEPTING THE PREMISES IN ITS EXISTING “AS-IS” CONDITION. TENANT IS RELYING ON ITS OWN INVESTIGATIONS AND NOT ON ANY REPRESENTATIONS OR WARRANTIES OF LANDLORD. Notwithstanding the foregoing to the contrary, in accordance with the following provisions, Landlord shallwarrants (the “Building Systems Warranty”) that the electrical and plumbing systems and the existing HVAC unit serving the Premises will be in good working condition as of the Possession Date. Landlord, at its cost and expense, will construct the Premises in accordance with Landlord’s plans and specifications prepared by Landlord, or Landlord’s architect, inclusive of the items described below (such work shall hereinafter be referred to as “Landlord’s Work”):
1. Landlord shall construct the demising wall.
2. Landlord shall permanently seal off rear door to Premises and remove rear stairs. Any work in addition to the Landlord’s Work the items outlined above shall be provided by Tenant at its sole cost and expense (including, without limitation, any costs expense. Any equipment or work other than those items specifically enumerated in connection with space planning for the core and shell of the Building, construction and permits), (i) install site improvements on the Real Property substantially in accordance with the general layout depicted on Exhibit H attached to the Lease and (ii) construct the Building and complete certain base building improvements at the Premises to prepare the same for Tenant’s occupancy as more particularly described on Exhibit A attached to this Work Letter, which improvements are hereinafter referred to as the “Landlord’s Work.” The Landlord shall have the right to make changes and modifications to the Landlord’s Work during construction if required by building codes items outlined above, which Landlord installs or Applicable Legal Requirements subject to constructs in the Premises on Tenant’s prior reasonable approval. Landlord shall complete the Landlord’s Work in a good and workmanlike manner in accordance with all Applicable Legal Requirementsbehalf, and in accordance with final plans and specifications to be agreed upon by the parties pursuant to the terms of this Work Letter, subject to any “Force Majeure Delays” (as defined in Section 3.10 below) and any “Tenant Delays” (as defined in Section 1.6.3 below), in accordance with the construction schedule attached hereto as Exhibit E (the “Construction Schedule”).
1.2 The parties hereby acknowledge and approve the preliminary site plan attached hereto as Exhibit F, and the specifications attached hereto as Exhibit A, each of which have been prepared by the Landlord and submitted to the Tenant (collectively, the “Preliminary Plans and Specifications”).
1.3 Within thirty (30) days following the execution of the Lease, Landlord shall produce and submit to Tenant a complete set of construction plans and specifications (“Construction Drawings”), including architectural, structural, mechanical and electrical drawings, technical drawings, schedules, diagrams and specifications (which may be submitted separately, provided each are submitted within said 30 day period), all in sufficient detail to allow for the construction of the Landlord’s Work in accordance therewith. Such Construction Drawings shall be consistent with the Preliminary Plans and Specifications.
1.4 paid for by Tenant shall then have within fifteen (15) business days following its after receipt of the Construction Drawings in which to determine whether the Construction Drawings are consistent with the Preliminary Plans a bxxx therefor. Said bxxx will be inclusive of Landlord’s cost plus supervision, architectural and Specifications and to approve or disapprove of the same on the basis thereof. Any notice of disapproval sent by Tenant shall set forth in detail Tenant’s reasons for determining that the subject Construction Drawings are not consistent with the Preliminary Plans and Specifications. If Tenant shall notify Landlord within said fifteen (15) business day period of its disapproval of the Construction Drawings, Landlord shall promptly revise said Construction Drawings in accordance with such comments and shall submit the revised documents to Tenant. Tenant shall then have an additional period of fifteen (15) business days in which to approve or disapprove of the revised Construction Drawings in accordance with the procedure outlined above. If Tenant fails to give notice within the applicable fifteen (15) business day period that it disapproves of the Construction Drawings or any revisions thereto submitted by Landlord, said Construction Drawings shall be deemed to have been approved. Upon Tenant’s approval or deemed approval, such Construction Drawings shall constitute the “Final Plans and Specificationsengineering expenses.” Tenant agrees that it will not withhold its approval to any of the plans and specifications submitted pursuant to this Section 1.4 except for just and reasonable cause and will not act in an arbitrary or capricious manner with respect to the approval of the same.
1.5 From and after the approval of the Final Plans and Specifications, upon the request of Landlord to amend the Final Plans and Specifications or the request of Tenant with respect to a Change Order, the other party hereto shall accept or reject such request within five (5) business days thereof, and a failure to respond within said 5 business day period shall be deemed an approval of such a request.
Appears in 1 contract
Landlord’s Work. 1.1 Landlord shall, at its Landlord’s sole cost and expense (includingcost, without limitation, any costs in connection with space planning for complete the core and shell following items of work to the Building, construction and permits), HVAC system serving the Premises: (i) install site improvements on the Real Property substantially in accordance with the general layout depicted on Exhibit H attached to the Lease and 13 new fan powered boxes; (ii) construct install 8 new VAV boxes; (iii) install new controls; (iv) install new time controls for the Building rooftop HVAC units; and complete certain base building improvements at (v) install new heater stacks for the Premises to prepare the same for Tenant’s occupancy as more particularly described on Exhibit A attached to this Work Letterrooftop HVAC units (collectively, which improvements are hereinafter referred to as the “Landlord’s Work.” The ”). Tenant hereby acknowledges that the Landlord’s Work may be performed while Tenant is occupying the Premises. Tenant hereby acknowledges and agrees that Landlord shall have not be liable for any inconvenience to Tenant or for interference with Tenant’s business or use of the right Premises during the performance of the Landlord’s Work, provided that Landlord shall utilize commercially reasonable efforts not to make changes disrupt the operation of Tenant’s business. Tenant and modifications its employees, invitees, agents and contractors may use the Premises during the performance of the Landlord’s Work at their own risk, and Landlord shall not be responsible for injury or damage to property occasioned by the performance of the Landlord’s Work unless same is due to Landlord’s negligence or willful misconduct. The provisions of Section 7.5 of the Lease (other than the first two sentences) shall apply to the Landlord’s Work during construction if required by building codes or Applicable Legal Requirements subject as though all references therein to the TenantHVAC Replacement Units were to the Landlord’s prior reasonable approvalWork as defined above. Landlord shall commence the Landlord’s Work within fifteen (15) days following the full execution of this Amendment and shall make commercially reasonable efforts to complete the Landlord’s Work in a good and workmanlike manner in accordance with all Applicable Legal Requirements, and in accordance with final plans and specifications to be agreed upon by the parties pursuant to the terms of this Work Letter, subject to any “Force Majeure Delays” date which is ninety (as defined in Section 3.10 below) and any “Tenant Delays” (as defined in Section 1.6.3 below), in accordance with the construction schedule attached hereto as Exhibit E (the “Construction Schedule”).
1.2 The parties hereby acknowledge and approve the preliminary site plan attached hereto as Exhibit F, and the specifications attached hereto as Exhibit A, each of which have been prepared by the Landlord and submitted to the Tenant (collectively, the “Preliminary Plans and Specifications”).
1.3 Within thirty (3090) days following the full execution of the Leasethis Amendment. In addition, Landlord shall produce and submit to construct the Tenant a complete set of construction plans and specifications (“Construction Drawings”), including architectural, structural, mechanical and electrical drawings, technical drawings, schedules, diagrams and specifications (which may be submitted separately, provided each are submitted within said 30 day period), all in sufficient detail to allow for the construction of the Landlord’s Work in accordance therewith. Such Construction Drawings shall be consistent with the Preliminary Plans and Specifications.
1.4 Tenant shall then have fifteen (15) business days following its receipt of the Construction Drawings in which to determine whether the Construction Drawings are consistent with the Preliminary Plans and Specifications and to approve or disapprove of the same on the basis thereof. Any notice of disapproval sent by Tenant shall set forth in detail Tenant’s reasons for determining that the subject Construction Drawings are not consistent with the Preliminary Plans and Specifications. If Tenant shall notify Landlord within said fifteen (15) business day period of its disapproval of the Construction Drawings, Landlord shall promptly revise said Construction Drawings Improvements in accordance with such comments and shall submit the revised documents to Tenant. Tenant shall then have an additional period of fifteen (15) business days in which to approve or disapprove of the revised Construction Drawings in accordance with the procedure outlined above. If Tenant fails to give notice within the applicable fifteen (15) business day period that it disapproves of the Construction Drawings or any revisions thereto submitted by Landlord, said Construction Drawings shall be deemed to have been approved. Upon Tenant’s approval or deemed approval, such Construction Drawings shall constitute the “Final Plans and SpecificationsExhibit A attached hereto.” Tenant agrees that it will not withhold its approval to any of the plans and specifications submitted pursuant to this Section 1.4 except for just and reasonable cause and will not act in an arbitrary or capricious manner with respect to the approval of the same.
1.5 From and after the approval of the Final Plans and Specifications, upon the request of Landlord to amend the Final Plans and Specifications or the request of Tenant with respect to a Change Order, the other party hereto shall accept or reject such request within five (5) business days thereof, and a failure to respond within said 5 business day period shall be deemed an approval of such a request.
Appears in 1 contract
Samples: Lease (Quanterix Corp)