Landlord’s Work. Landlord, at Landlord’s sole cost, shall perform the following (collectively, the “Landlord’s Work”): (a) Install a new HVAC system for the portion of the Demised Premises located in Tower 1 in accordance with the performance standards and specifications that are described on Exhibit “N” that will allow Tenant to timely complete construction of the Tenant’s Work and achieve beneficial occupancy for the conduct of Tenant’s business by August 1, 2014. (b) Substantially upgrade the existing HVAC system for the portion of the Demised Premises located in Tower 2 in accordance with the HVAC performance standards and specifications that are described on Exhibit “N”, and (b) achieve performance coordination with the new HVAC system being installed for the portion of the Demised Premises located in Tower 1 (i.e., eliminate issues of two systems in two buildings of a full floor occupied by Tenant), that will allow Tenant to timely complete construction of the Tenant’s Work and achieve beneficial occupancy for the conduct of Tenant’s business by August 1, 2014. (c) Perform the renovations to the fitness facility and locker-rooms (or newly constructed elsewhere) that are described on Exhibit “P” by August 1, 2014. (d) Perform the renovations to the restrooms on the floors comprising the Demised Premises that are described on Exhibit “Q” by August 1, 2014. Landlord’s general contractor completing such renovations shall prepare and submit to Tenant a budget for such renovations that provides in reasonable detail the cost of the permitting and construction of such renovations (the “Original Bathroom Renovations Pricing Letter”). In the event that Tenant desires that Landlord perform such bathroom renovations using a design selected by Tenant, which design shall be subject to Landlord’s reasonable approval, then provided such design is agreed to, in writing, on or before November 1, 2013, Landlord shall perform the bathroom renovations using Tenant’s design. Landlord’s general contractor completing such renovations shall prepare and submit to Tenant a budget for the renovations based on Tenant’s design that provides in reasonable detail the cost of the permitting and construction of such renovations (the “Tenant Design Bathroom Renovations Pricing Letter”). Tenant, with Landlord’s assistance, shall review the Tenant Design Bathroom Renovations Pricing Letter, and advise Landlord within ten (10) business days of changes, if any, Tenant reasonably requires be made to the plans for the bathroom renovations. Based on such changes, Landlord shall cause its general contractor to prepare the “Final Tenant Design Bathroom Renovations Pricing Letter”, which Landlord and Tenant shall reasonably approve prior to the commencement of the bathroom renovations based on Tenant’s designs, which approval shall not be unreasonably withheld, conditioned or delayed. In the event the cost of performing the bathroom renovations using Tenant’s design as set forth in the Final Tenant Design Bathroom Renovations Pricing Letter is greater than the cost for the Original Bathroom Renovations Pricing Letter, Tenant shall pay to Landlord the difference between the cost set forth in the Final Tenant Design Bathroom Renovations Pricing Letter and the Original Bathroom Renovations Pricing Letter not later than thirty (30) days following the date on which (i) the bathroom renovations are Substantially Completed in accordance with Tenant’s designs and delivery to Tenant, and (ii) a reasonably detailed invoice for such costs has been delivered to Tenant. (e) Perform the renovations to the Buildings’ ground floor lobbies and corridors that are described on Exhibit “R” by August 1, 2014. (f) Perform the renovations to the Buildings’ elevator cabs in Tower 1 and Tower 2 that are described on Exhibit “S” by August 1, 2014. (g) Perform the renovations to the patio area outside of the cafeteria, including a better direct means of access to the Metro connection stairs, that are described on Exhibit “T”, with a target date of October 1, 2014, but subject to all relevant governmental approvals. Landlord shall perform such work as soon as reasonably practical using commercially reasonable efforts to complete as soon as possible after receiving such approvals and applicable permits. (h) Complete the Pre-Delivery HVAC and Demo Work by the dates set forth in Exhibit D, subject to the applicable two-week grace period set forth in Exhibit “D”. (i) Paint the walls and railings and install carpet on the stairwells between the floors of the Demised Premises that are described on Exhibit T by August 1, 2014, provided, however, in the event Tenant elects to install the Internal Stairwell, then Landlord shall have no obligation to perform the work described in this Section 45 (i). (j) Install building standard new window blinds/shades. The improvements described in ▇▇▇▇▇▇▇▇ ▇▇ (▇), (▇), (▇), (▇), (▇), (▇), (▇), (▇) and (j) shall hereinafter collectively be referred to as the “Pre-Occupancy Landlord’s Work”. The improvements described in Sections 45(a), (b), and (d) above may be performed, at Landlord’s cost, by Tenant’s general contractor in conjunction with the construction of the Tenant’s Work as mutually agreed to by the parties and at Landlord’s reasonable discretion. The dates set forth above for the performance of Landlord’s Work shall be subject to extension on a day for day basis for each day of delay caused by Force Majeure and each day of delay caused by a Net Tenant Delay. In the event that Tenant’s general contractor performs all or any portion of the Landlord’s Work, then Landlord shall be deemed to have timely performed the applicable portion of the Landlord’s Work by the stated deadline set forth above in this Section 45. Landlord shall deliver to Tenant initial drawings and plans (collectively, the “HVAC Plans”) for the work described in Sections 45(a) and 45(b) above (collectively, the “Pre-Delivery HVAC Work”) on or about October 15, 2013, which HVAC Plans shall not be final construction drawings. Within ten (10) days after the date Landlord delivers the HVAC Plans, Tenant shall provide Landlord with written comments concerning the size of the VAV units and Landlord’s design of outside air upgrades based upon Tenant’s space design. If Tenant delivers written notice to Landlord after the ten (10) day period of any changes Tenant desires with respect to the size of the VAV units or outside air upgrades, then (i) any delay caused by any such changes shall constitute Tenant Delay, and (ii) any increase in the cost of the Pre-Delivery HVAC Work that is caused as a result of such changes shall be payable by Tenant, as Additional Rent, upon thirty (30) days prior written notice from Landlord. On or before January 1, 2014, Tenant shall provide Landlord with Tenant’s desired locations for the VAV unit installations. In the event that Tenant fails to provide Landlord with such information by January 1, 2014, (i) then Landlord shall install such VAV units in generic locations, and (ii) and in the event Tenant requests that such VAV units be installed in different locations, then (x) any delays caused by such relocations shall constitute Tenant Delay, and (y) Tenant shall pay the entire cost of any such relocations, as Additional Rent, upon thirty (30) days prior written notice from Landlord.
Appears in 1 contract
Sources: Deed of Lease (Cvent Inc)
Landlord’s Work. Landlord(a) On the Fourth Floor Commencement Date, at Landlord shall deliver the Fourth Floor Premises to Tenant in its “as-is” condition, subject to the following (collectively, “Landlord’s Fourth Floor Work”): (i) demolish the existing installation and remove all debris; (ii) deliver sprinkler infrastructure, including existing combination standpipe sprinkler risers, temporary construction sprinkler look, and valve connections on the floor which is fully operational, code compliant and ready for Tenant work; (iii) all building systems shall be fully operational; (iv) Landlord shall provide Tenant with a clean ACP-5 for the Fourth Floor Premises; (v) connection points for Tenant’s strobes and related Class E connection shall be available; and (vi) fireproof any exposed structural steel and fire stop as required by code. Landlord’s Fourth Floor Work shall be performed by Landlord at its sole costcost and expense, in a first class and good and workmanlike manner and in accordance with applicable laws. Landlord shall give Tenant five (5) business days’ advance notice of the Fourth Floor Commencement Date.
(b) Notwithstanding anything to the contrary contained herein, in the event Landlord is delayed in completing Landlord’s Fourth Floor Work due to delay caused by Tenant and Tenant does not cease such delay within two (2) days of receiving written notice of such delay (a “Tenant Delay”), the applicable Landlord’s Fourth Floor Work shall be deemed substantially completed on the date it reasonably would have been substantially completed but for the Tenant Delay, and the Fourth Floor Commencement Date shall be the date it would have been but for the Tenant Delay. Tenant agrees that in the event its contractors and subcontractors are performing any Tenant’s Fourth Floor Work simultaneously with the performance Landlord’s Fourth Floor Work, Tenant will use commercially reasonable efforts to minimize interference with ▇▇▇▇▇▇▇▇’s performance of ▇▇▇▇▇▇▇▇’s Fourth Floor Work; should Tenant’s Fourth Floor Work interfere with the performance of Landlord’s Fourth Floor Work, the Fourth Floor Commencement Date shall be the date Landlord’s Fourth Floor Work would have been completed but for the Tenant Delay.
(c) Landlord shall perform the following work at the Original Premises (collectively, the “Landlord’s Original Premises Work”):
): (ai) Install replace existing countertops, sinks and faucets in the bathrooms with Building standard finishes otherwise consistent with Class A Manhattan office buildings [PL9 for the men’s room and F3 for the ladies’ room]; (ii) replace existing rusted pipe in ceiling with a new HVAC system for copper pipe; and (iii) patch, paint and otherwise repair damage to the portion of the Demised ceiling from recent leaks. Landlord’s Original Premises located Work shall be performed by Landlord at its sole cost and expense, in Tower 1 a first class and good and workmanlike manner and in accordance with the performance standards and specifications that are described on Exhibit “N” that applicable laws. Landlord will allow Tenant endeavor to timely complete construction of the Tenant▇▇▇▇▇▇▇▇’s Original Premises Work and achieve beneficial occupancy for the conduct of Tenant’s business by August 1, 2014.
(b) Substantially upgrade the existing HVAC system for the portion of the Demised Premises located in Tower 2 in accordance with the HVAC performance standards and specifications that are described on Exhibit “N”, and (b) achieve performance coordination with the new HVAC system being installed for the portion of the Demised Premises located in Tower 1 (i.e., eliminate issues of two systems in two buildings of a full floor occupied by Tenant), that will allow Tenant to timely complete construction of the Tenant’s Work and achieve beneficial occupancy for the conduct of Tenant’s business by August 1, 2014.
(c) Perform the renovations to the fitness facility and locker-rooms (or newly constructed elsewhere) that are described on Exhibit “P” by August 1, 2014.
(d) Perform the renovations to the restrooms on the floors comprising the Demised Premises that are described on Exhibit “Q” by August 1, 2014. Landlord’s general contractor completing such renovations shall prepare and submit to Tenant a budget for such renovations that provides in reasonable detail the cost of the permitting and construction of such renovations (the “Original Bathroom Renovations Pricing Letter”). In the event that Tenant desires that Landlord perform such bathroom renovations using a design selected by Tenant, which design shall be subject to Landlord’s reasonable approval, then provided such design is agreed to, in writing, on or before November 1, 2013, Landlord shall perform the bathroom renovations using Tenant’s design. Landlord’s general contractor completing such renovations shall prepare and submit to Tenant a budget for the renovations based on Tenant’s design that provides in reasonable detail the cost of the permitting and construction of such renovations (the “Tenant Design Bathroom Renovations Pricing Letter”). Tenant, with Landlord’s assistance, shall review the Tenant Design Bathroom Renovations Pricing Letter, and advise Landlord within ten (10) business days of changes, if any, Tenant reasonably requires be made to the plans for the bathroom renovations. Based on such changes, Landlord shall cause its general contractor to prepare the “Final Tenant Design Bathroom Renovations Pricing Letter”, which Landlord and Tenant shall reasonably approve prior to the commencement of the bathroom renovations based on Tenant’s designs, which approval shall not be unreasonably withheld, conditioned or delayed. In the event the cost of performing the bathroom renovations using Tenant’s design as set forth in the Final Tenant Design Bathroom Renovations Pricing Letter is greater than the cost for the Original Bathroom Renovations Pricing Letter, Tenant shall pay to Landlord the difference between the cost set forth in the Final Tenant Design Bathroom Renovations Pricing Letter and the Original Bathroom Renovations Pricing Letter not later than thirty (30) days following the date on which (i) the bathroom renovations are Substantially Completed in accordance with Tenant’s designs and delivery to Tenant, and (ii) a reasonably detailed invoice for such costs has been delivered to Tenant.
(e) Perform the renovations to the Buildings’ ground floor lobbies and corridors that are described on Exhibit “R” by August 1, 2014.
(f) Perform the renovations to the Buildings’ elevator cabs in Tower 1 and Tower 2 that are described on Exhibit “S” by August 1, 2014.
(g) Perform the renovations to the patio area outside of the cafeteria, including a better direct means of access to the Metro connection stairs, that are described on Exhibit “T”, with a target date of October 1, 2014, but subject to all relevant governmental approvals. Landlord shall perform such work as soon as reasonably practical using commercially reasonable efforts to complete as soon as possible after receiving such approvals and applicable permits.
(h) Complete the Pre-Delivery HVAC and Demo Work by the dates set forth in Exhibit D, subject to the applicable two-week grace period set forth in Exhibit “D”.
(i) Paint the walls and railings and install carpet on the stairwells between the floors of the Demised Premises that are described on Exhibit T by August 1, 2014Fourth Floor Commencement Date, provided, however, the completion of Landlord’s Original Premises Work shall in no event affect the event Tenant elects to install occurrence of or be a condition of the Internal Stairwell, then Landlord shall have no obligation to perform occurrence of the work described in this Section 45 (i).
(j) Install building standard new window blinds/shadesFourth Floor Commencement Date. The improvements described in During the ▇▇▇▇▇▇▇▇ Associates/95 ▇▇▇▇▇▇ (/ Integral Ad Science, Inc. - First Amendment/First Amendment to Lease v7 performance of ▇)▇▇▇▇▇▇▇’s Original Premises Work, (▇)▇▇▇▇▇▇▇ agrees to use commercially reasonable efforts to minimize interference with ▇▇▇▇▇▇’s business operations at the Original Premises, (▇), (▇), (▇), (▇), (▇), (▇) and (j) shall hereinafter collectively be referred to as including the “Pre-Occupancy Landlord’s Work”. The improvements described in Sections 45(a), (b)performing same on an overtime basis, and agrees that there will be at least one (d1) above may be performed, at Landlord’s cost, by bathroom on the eighth (8th) floor available for Tenant’s general contractor in conjunction with the construction of the Tenant’s Work as mutually agreed to by the parties and at Landlord’s reasonable discretion. The dates set forth above for use during the performance of Landlord’s Work shall be subject to extension on a day for day basis for each day of delay caused by Force Majeure and each day of delay caused by a Net Tenant Delay. In the event that Tenant’s general contractor performs all or any portion of the Landlord’s Work, then Landlord shall be deemed to have timely performed the applicable portion of the Landlord’s Work by the stated deadline set forth above in this Section 45. Landlord shall deliver to Tenant initial drawings and plans (collectively, the “HVAC Plans”) for the work described in Sections 45(a) and 45(b) above (collectively, the “Pre-Delivery HVAC Work”) on or about October 15, 2013, which HVAC Plans shall not be final construction drawings. Within ten (10) days after the date Landlord delivers the HVAC Plans, Tenant shall provide Landlord with written comments concerning the size of the VAV units and Landlord’s design of outside air upgrades based upon Tenant’s space design. If Tenant delivers written notice to Landlord after the ten (10) day period of any changes Tenant desires with respect to the size of the VAV units or outside air upgrades, then (i) any delay caused by any such changes shall constitute Tenant Delay, and (ii) any increase in the cost of the Pre-Delivery HVAC Work that is caused as a result of such changes shall be payable by Tenant, as Additional Rent, upon thirty (30) days prior written notice from Landlord. On or before January 1, 2014, Tenant shall provide Landlord with Tenant’s desired locations for the VAV unit installations. In the event that Tenant fails to provide Landlord with such information by January 1, 2014, (i) then Landlord shall install such VAV units in generic locations, and (ii) and in the event Tenant requests that such VAV units be installed in different locations, then (x) any delays caused by such relocations shall constitute Tenant Delay, and (y) Tenant shall pay the entire cost of any such relocations, as Additional Rent, upon thirty (30) days prior written notice from Landlordbathroom renovations.
Appears in 1 contract
Landlord’s Work. Landlord, at Landlord’s sole cost, shall perform the following (collectively, the “Landlord’s Work”):
(a) Install a new HVAC system for the portion of the Demised Premises located in Tower 1 in A. None. In accordance with the performance standards and specifications Lease, it is projected that are described on Exhibit “N” that Landlord will allow Tenant to timely complete construction of deliver the Tenant’s Work and achieve beneficial occupancy for the conduct of Tenant’s business by August 1Premises, 2014.
(b) Substantially upgrade the existing HVAC system for the portion of the Demised Premises located which is currently in Tower 2 in accordance with the HVAC performance standards and specifications that are described on Exhibit “N”gray shell condition, and (b) achieve performance coordination with the new HVAC system being installed for the portion of the Demised Premises located in Tower 1 (i.e., eliminate issues of two systems in two buildings of a full floor occupied by Tenant), that will allow Tenant to timely complete construction of the Tenant’s Work and achieve beneficial occupancy for the conduct of Tenant’s business by August 1, 2014.
(c) Perform the renovations to the fitness facility and locker-rooms (or newly constructed elsewhere) that are described on Exhibit “P” by August 1, 2014.
(d) Perform the renovations to the restrooms on the floors comprising the Demised Premises that are described on Exhibit “Q” by August 1, 2014. Landlord’s general contractor completing such renovations shall prepare and submit to Tenant a budget for such renovations that provides in reasonable detail the cost of the permitting and construction of such renovations three (the “Original Bathroom Renovations Pricing Letter”). In the event that Tenant desires that Landlord perform such bathroom renovations using a design selected by Tenant, which design shall be subject to Landlord’s reasonable approval, then provided such design is agreed to, in writing, on or before November 1, 2013, Landlord shall perform the bathroom renovations using Tenant’s design. Landlord’s general contractor completing such renovations shall prepare and submit to Tenant a budget for the renovations based on Tenant’s design that provides in reasonable detail the cost of the permitting and construction of such renovations (the “Tenant Design Bathroom Renovations Pricing Letter”). Tenant, with Landlord’s assistance, shall review the Tenant Design Bathroom Renovations Pricing Letter, and advise Landlord within ten (103) business days following the Effective Date. For purposes of changesthe Lease and this Work Letter, if any, Tenant reasonably requires be made gray shell shall mean and include the following as it relates to the plans Building and Premises, as applicable: • 4 – 50’ Wide Driveways • Ample Vehicle Parking, 263 Spaces • 2 Dedicated Areas for Truck Parking, Total 28 Spaces • 8 Handicap Parking Spaces Located at the bathroom renovations. Based on such changes, Landlord shall cause its general contractor to prepare the “Final Tenant Design Bathroom Renovations Pricing Letter”, which Landlord and Tenant shall reasonably approve prior to the commencement Front of the bathroom renovations based Building • 3 Oversized Trash Enclosures for Large Dumpsters • Ramps up to Storefront Locations with Limited Parking at Storefront • Building Grid is 52’ Wide by 3 – 46” Deep Bays • Concrete Tilt-up Wall Panel Construction • 8” Thick Concrete Slab on Tenant’s designs, which approval shall not be unreasonably withheld, conditioned or delayed. In Grade • Steel Roof Structure & Metal Roof Decking • 22’ Clearance Height to Bottom of Structure • Single Ply Roofing Membrane Over Rigid Insulation Air Cargo Lease A-Mark 2014 E-2 • Signage Band on Exterior Tilt-up Panels • 10’ x 12’ Aluminum Storefront Entrances • 10’ x 12’ Manual Overhead Doors at the event the cost of performing the bathroom renovations using Tenant’s design as set forth in the Final Tenant Design Bathroom Renovations Pricing Letter is greater than the cost for the Original Bathroom Renovations Pricing Letter, Tenant shall pay to Landlord the difference between the cost set forth in the Final Tenant Design Bathroom Renovations Pricing Letter and the Original Bathroom Renovations Pricing Letter not later than thirty (30) days following the date on which (i) the bathroom renovations are Substantially Completed in accordance with Tenant’s designs and delivery to Tenant, and (ii) a reasonably detailed invoice for such costs has been delivered to Tenant.
(e) Perform the renovations to the Buildings’ ground floor lobbies and corridors that are described on Exhibit “R” by August 1, 2014.
(f) Perform the renovations to the Buildings’ elevator cabs in Tower 1 and Tower 2 that are described on Exhibit “S” by August 1, 2014.
(g) Perform the renovations to the patio area outside Front of the cafeteriaBuilding Can be either at Dock Level or Finish Floor Level • 14’ x 14’ Overhead Door Openings at Airside • 30’ Wide, including a better direct means 8” Thick Concrete Apron on Airside • Metal Stud Framing & Drywall Demising Walls • 1 ¼” Valved Domestic Water Line Furnished to Space • 4” Sanitary Sewer Stub Furnished to Space • 1 ¼” Gas Line Stub Furnished to Space • Wet Pipe Sprinkler System Provided at the Roof Structure with Freeze Protection • Standard Size Roof Curbs Provided for AC Units & Evaporative Coolers • Empty Electrical Conduit Provided to Space from 277 Volt, 200 Amp Meter • Empty Conduits Provided to Space for Telephone & Cable • Airport Security Card Readers at Overhead Door Openings on Public Side • Skylights • Covered Parking • HVAC of access to the Metro connection stairs, that are described on Exhibit “T”, with a target date of October 1, 2014, but subject to all relevant governmental approvals. Landlord shall perform such work as soon as reasonably practical using commercially reasonable efforts to complete as soon as possible after receiving such approvals and applicable permits.
(h) Complete the Pre-Delivery HVAC and Demo Work by the dates set forth in Exhibit D, subject to the applicable two-week grace period set forth in Exhibit “D”.
(i) Paint the walls and railings and install carpet on the stairwells between the floors of the Demised Premises that are described on Exhibit T by August 1, 2014, provided, however, in the event Any Kind • Interior Lighting • Tenant elects to install the Internal Stairwell, then Landlord shall have no obligation to perform the work described in this Section 45 (i).
(j) Install building standard new window blinds/shades. The improvements described in ▇▇▇▇▇▇▇▇ ▇▇ (▇), (▇), (▇), (▇), (▇), (▇), (▇), (▇) and (j) shall hereinafter collectively be referred to as the “Pre-Occupancy Landlord’s Work”. The improvements described in Sections 45(a), (b), and (d) above may be performed, at Landlord’s cost, by Tenant’s general contractor in conjunction with the construction of the Tenant’s Work as mutually agreed to by the parties and at Landlord’s reasonable discretion. The dates set forth above for the performance of Landlord’s Work shall be subject to extension on a day for day basis for each day of delay caused by Force Majeure and each day of delay caused by a Net Tenant Delay. In the event that Tenant’s general contractor performs all or any portion of the Landlord’s Work, then Landlord shall be deemed to have timely performed the applicable portion of the Landlord’s Work by the stated deadline set forth above in this Section 45. Landlord shall deliver to Tenant initial drawings and plans (collectively, the “HVAC Plans”) for the work described in Sections 45(a) and 45(b) above (collectively, the “Pre-Delivery HVAC Work”) on or about October 15, 2013, which HVAC Plans shall not be final construction drawings. Within ten (10) days after the date Landlord delivers the HVAC Plans, Tenant shall provide Landlord with written comments concerning the size of the VAV units and Landlord’s design of outside air upgrades based upon Tenant’s space design. If Tenant delivers written notice to Landlord after the ten (10) day period of any changes Tenant desires with respect to the size of the VAV units or outside air upgrades, then (i) any delay caused by any such changes shall constitute Tenant Delay, and (ii) any increase in the cost of the Pre-Delivery HVAC Work that is caused as a result of such changes shall be payable by Tenant, as Additional Rent, upon thirty (30) days prior written notice from Landlord. On or before January 1, 2014, Tenant shall provide Landlord with Tenant’s desired locations for the VAV unit installations. In the event that Tenant fails to provide Landlord with such information by January 1, 2014, (i) then Landlord shall install such VAV units in generic locations, and (ii) and in the event Tenant requests that such VAV units be installed in different locations, then (x) any delays caused by such relocations shall constitute Tenant Delay, and (y) Tenant shall pay the entire cost of any such relocations, as Additional Rent, upon thirty (30) days prior written notice from Landlord.Improvements
Appears in 1 contract
Sources: Air Cargo Center Lease (A-Mark Precious Metals, Inc.)
Landlord’s Work. Landlord(a) The parties hereto acknowledge and confirm that, as at the date hereof, Landlord has, at Landlord’s its sole costcost and expense, shall perform completed the following work in the First Additional, in a good and workmanlike manner, in accordance with Space Plan (collectively“Space Plan”) attached hereto as Exhibit “2”, using base building materials and finishes, except as may be expressly indicated to the contrary (“Landlord’s First Additional Premises Work”):
(a) Install construct a new demising wall, taped, sanded, primed and ready to receive Tenant’s finishes, to separate the First Additional Premises from the balance of Suite 102;
(b) repair or replace, at Landlord’s reasonable discretion, any damaged or stained base building T-bar acoustic ceiling tiles;
(c) repair or replace, at Landlord’s reasonable discretion, any damaged or missing base building blinds on the perimeter windows, with matching blinds, and ensure that the existing blinds are clean and in good working order;
(d) ensure the existing HVAC, plumbing, electrical, lighting, fire/emergency and mechanical systems serving the First Additional Premises are in good working order and condition and the HVAC system for the portion is properly air balanced as of the Demised FAP Commencement Date;
(e) paint the First Additional Premises located in Tower 1 one (1) colour to be selected by Tenant from Landlord’s base building standard samples;
(f) carpet the First Additional Premises in one (1) colour to be selected by Tenant from Landlord’s base building standard samples;
(g) remove all existing audio-visual equipment and components from the Surrendered Premises and relocate and install same in the First Additional Premises;
(h) remove the existing security system from the Surrendered Premises and relocate and install same to the First Additional Premises, using EFL Systems Inc. as the consulting technician therefor;
(i) relocate the existing door lock mechanism from the Surrendered Premises to the First Additional Premises, which relocation shall be completed on the Surrender Date (as hereinafter defined);
(j) Remove the existing whiteboard from the Surrendered Premises and relocate and install same in the First Additional Premises;
(k) Install voice/data lines and electrical duplex outlets in the First Additional Premises in accordance with the performance standards Space Plan; and
(l) Remove the trade fixtures, furniture and specifications that are described on Exhibit “N” that will allow Tenant equipment existing in the Surrendered Premises as at the date hereof and relocate same to timely complete construction of the Tenant’s Work and achieve beneficial occupancy for the conduct of Tenant’s business by August 1, 2014First Additional Premises.
(b) Substantially upgrade the existing HVAC system for the portion of the Demised Premises located in Tower 2 in accordance with the HVAC performance standards and specifications that are described on Exhibit “N”, and (b) achieve performance coordination with the new HVAC system being installed for the portion of the Demised Premises located in Tower 1 (i.e., eliminate issues of two systems in two buildings of a full floor occupied by Tenant), that will allow Tenant to timely complete construction of the Tenant’s Work and achieve beneficial occupancy for the conduct of Tenant’s business by August 1, 2014.
(c) Perform the renovations to the fitness facility and locker-rooms (or newly constructed elsewhere) that are described on Exhibit “P” by August 1, 2014.
(d) Perform the renovations to the restrooms on the floors comprising the Demised Premises that are described on Exhibit “Q” by August 1, 2014. Landlord’s general contractor completing such renovations shall prepare and submit to Tenant a budget for such renovations that provides in reasonable detail the cost of the permitting and construction of such renovations (the “Original Bathroom Renovations Pricing Letter”). In the event that Tenant desires that Landlord perform such bathroom renovations using a design selected by Tenant, which design shall be subject to Landlord’s reasonable approval, then provided such design is agreed to, in writing, on or before November 1, 2013, Landlord shall perform the bathroom renovations using Tenant’s design. Landlord’s general contractor completing such renovations shall prepare and submit to Tenant a budget for the renovations based on Tenant’s design that provides in reasonable detail the cost of the permitting and construction of such renovations (the “Tenant Design Bathroom Renovations Pricing Letter”). Tenant, with Landlord’s assistance, shall review the Tenant Design Bathroom Renovations Pricing Letter, and advise Landlord within ten (10) business days of changes, if any, Tenant reasonably requires be made to the plans for the bathroom renovations. Based on such changes, Landlord shall cause its general contractor to prepare the “Final Tenant Design Bathroom Renovations Pricing Letter”, which Landlord and Tenant shall reasonably approve prior to the commencement of the bathroom renovations based on Tenant’s designs, which approval shall not be unreasonably withheld, conditioned or delayed. In the event the cost of performing the bathroom renovations using Tenant’s design as set forth in the Final Tenant Design Bathroom Renovations Pricing Letter is greater than the cost for the Original Bathroom Renovations Pricing Letter, Tenant shall pay to Landlord the difference between the cost set forth in the Final Tenant Design Bathroom Renovations Pricing Letter and the Original Bathroom Renovations Pricing Letter not later than thirty (30) days following the date on which (i) the bathroom renovations are Substantially Completed in accordance with Tenant’s designs and delivery to Tenant, and (ii) a reasonably detailed invoice for such costs has been delivered to Tenant.
(e) Perform the renovations to the Buildings’ ground floor lobbies and corridors that are described on Exhibit “R” by August 1, 2014.
(f) Perform the renovations to the Buildings’ elevator cabs in Tower 1 and Tower 2 that are described on Exhibit “S” by August 1, 2014.
(g) Perform the renovations to the patio area outside of the cafeteria, including a better direct means of access to the Metro connection stairs, that are described on Exhibit “T”, with a target date of October 1, 2014, but subject to all relevant governmental approvals. Landlord shall perform such work as soon as reasonably practical using commercially reasonable efforts to complete as soon as possible after receiving such approvals and applicable permits.
(h) Complete the Pre-Delivery HVAC and Demo Work by the dates set forth in Exhibit D, subject to the applicable two-week grace period set forth in Exhibit “D”.
(i) Paint the walls and railings and install carpet on the stairwells between the floors of the Demised Premises that are described on Exhibit T by August 1, 2014, provided, however, in the event Tenant elects to install the Internal Stairwell, then Landlord shall have no obligation to perform the work described in this Section 45 (i).
(j) Install building standard new window blinds/shades. The improvements described in ▇▇▇▇▇▇▇▇ ▇▇ (▇), (▇), (▇), (▇), (▇), (▇), (▇), (▇) and (j) shall hereinafter collectively be referred to as the “Pre-Occupancy Landlord’s Work”. The improvements described in Sections 45(a), (b), and (d) above may be performed, at Landlord’s cost, by Tenant’s general contractor in conjunction with the construction of the Tenant’s Work as mutually agreed to by the parties and at Landlord’s reasonable discretion. The dates set forth above for the performance of Landlord’s Work shall be subject to extension on a day for day basis for each day of delay caused by Force Majeure and each day of delay caused by a Net Tenant Delay. In include all costs associated with the event that Tenant’s general contractor performs all or any portion of the Landlord’s Work, then Landlord shall be deemed to have timely performed the applicable portion of the Landlord’s Work by the stated deadline set forth above in this Section 45. Landlord shall deliver to Tenant initial drawings and plans (collectively, the “HVAC Plans”) for the work described in Sections 45(a) and 45(b) above (collectively, the “Pre-Delivery HVAC Work”) on or about October 15, 2013, which HVAC Plans shall not be final construction drawings. Within ten (10) days after the date Landlord delivers the HVAC Plans, Tenant shall provide Landlord with written comments concerning the size of the VAV units and Landlord’s design of outside air upgrades based upon Tenant’s space design. If Tenant delivers written notice to Landlord after the ten (10) day period of any changes Tenant desires with respect to the size of the VAV units or outside air upgrades, then (i) any delay caused by any such changes shall constitute Tenant Delay, and (ii) any increase in the cost of the Pre-Delivery HVAC Work that is caused as a result of such changes shall be payable by Tenant, as Additional Rent, upon thirty (30) days prior written notice from Landlord. On or before January 1, 2014, Tenant shall provide Landlord with Tenant’s desired locations for the VAV unit installations. In the event that Tenant fails to provide Landlord with such information by January 1, 2014, (i) then Landlord shall install such VAV units in generic locations, and (ii) and in the event Tenant requests that such VAV units be installed in different locations, then (x) any delays caused by such relocations shall constitute Tenant Delay, and (y) Tenant shall pay the entire cost of any such relocations, as Additional Rent, upon thirty (30) days prior written notice from LandlordSpace Plan.
Appears in 1 contract
Landlord’s Work. LandlordSubject to extension as a result of a force majeure event, at Landlord’s sole costlong lead items and/or Tenant delays (of which Landlord gives written notice to Tenant within 10 business days after occurring), Landlord shall perform the following in a commercially reasonable, diligent manner: (collectivelyi) bathroom renovation work on the 4th floor (which bathroom renovation work is reasonably complementary to the design and aesthetic attributes of the approved plan for restrooms renovations that Tenant carries out and completes on the 5th and 6th floors of the Building, a rendering of which bathroom renovation work is attached to this Workletter as Schedule 1), which shall be completed by the later to occur of: (i) September 1, 2025; and (ii) the date that Tenant opens for business in the Premises, (ii) elevator renovations to modernize the interior cabs of the elevators, which estimated completion date is December 31, 2025 (a rendering of the elevator renovations is attached to this Workletter as Schedule 2), (iii) the expansion of the fitness center as shown on Exhibit I attached to this Lease, which is estimated to occur on the latest to occur of: (a) September 1, 2025, (b) the date Tenant opens for Business in the Premises; and (c) 270 days after Landlord secures control of such space from the existing tenant (which control Landlord shall use commercially reasonable, diligent efforts to pursue), and (iv) lobby security upgrades (the “Lobby Security Upgrades”) which are estimated to be complete by the later to occur of: (i) September 1, 2025; and (ii) the date that Tenant opens for business in the Premises (a rendering of the lobby security upgrades currently contemplated is attached to this Workletter as Schedule 3)(collectively, “Landlord’s Work”):
(a) Install a new HVAC system ). Except for the portion Monthly Lobby Security Expense (payable as Rent Adjustments under Article 4 of the Demised Premises located in Tower 1 in accordance Lease) and as provided hereinbelow with respect to the performance standards Lobby Security Upgrades, Landlord’s Work shall be at no cost to Tenant and specifications that are described on Exhibit “N” that will allow may not be passed through to Tenant to timely complete construction as an Expense or deducted from Landlord’s Contribution (as hereinafter defined). For purposes of the Tenant’s Work and achieve beneficial occupancy for the conduct of Tenant’s business by August 1next sentence, 2014.
(b) Substantially upgrade the existing HVAC system for the portion of the Demised Premises located in Tower 2 in accordance with the HVAC performance standards and specifications that are described on Exhibit “N”, and (b) achieve performance coordination with the new HVAC system being installed for the portion of the Demised Premises located in Tower 1 (i.e., eliminate issues of two systems in two buildings of a full floor occupied by Tenant), that will allow Tenant to timely complete construction of the Tenant’s Work and achieve beneficial occupancy for the conduct of Tenant’s business by August 1, 2014.
(c) Perform the renovations to the fitness facility and locker-rooms (or newly constructed elsewhere) that are described on Exhibit “P” by August 1, 2014.
(d) Perform the renovations to the restrooms on the floors comprising the Demised Premises that are described on Exhibit “Q” by August 1, 2014. Landlord’s general contractor completing such renovations shall prepare and submit to Tenant a budget for such renovations that provides in reasonable detail the cost of the permitting and construction of such renovations (the “Original Bathroom Renovations Pricing Letter”). In the event that Tenant desires that Landlord perform such bathroom renovations using a design selected by Tenant, which design shall be subject to Landlord’s reasonable approval, then provided such design is agreed to, in writing, on or before November 1, 2013, Landlord shall perform the bathroom renovations using Tenant’s design. Landlord’s general contractor completing such renovations shall prepare and submit to Tenant a budget for the renovations based on Tenant’s design that provides in reasonable detail the cost of the permitting and construction of such renovations (the “Tenant Design Bathroom Renovations Pricing Letter”). Tenant, with Landlord’s assistance, shall review the Tenant Design Bathroom Renovations Pricing Letter, and advise Landlord within ten (10) business days of changes, if any, Tenant reasonably requires be made to the plans for the bathroom renovations. Based on such changes, Landlord shall cause its general contractor to prepare the “Final Tenant Design Bathroom Renovations Pricing Letter”, which Landlord and Tenant shall reasonably approve prior agree to the commencement assign an allocation of 25% to each of the bathroom renovations based on Tenant’s designs, which approval shall not be unreasonably withheld, conditioned or delayed. In the event the cost categories of performing the bathroom renovations using Tenant’s design as set forth in the Final Tenant Design Bathroom Renovations Pricing Letter is greater than the cost for the Original Bathroom Renovations Pricing Letter, Tenant shall pay to Landlord the difference between the cost set forth in the Final Tenant Design Bathroom Renovations Pricing Letter and the Original Bathroom Renovations Pricing Letter not later than thirty (30) days following the date on which (i) the bathroom renovations are Substantially Completed in accordance with Tenant’s designs and delivery to Tenant, and (ii) a reasonably detailed invoice for such costs has been delivered to Tenant.
(e) Perform the renovations to the Buildings’ ground floor lobbies and corridors that are described on Exhibit “R” by August 1, 2014.
(f) Perform the renovations to the Buildings’ elevator cabs in Tower 1 and Tower 2 that are described on Exhibit “S” by August 1, 2014.
(g) Perform the renovations to the patio area outside of the cafeteria, including a better direct means of access to the Metro connection stairs, that are described on Exhibit “T”, with a target date of October 1, 2014, but subject to all relevant governmental approvals. Landlord shall perform such work as soon as reasonably practical using commercially reasonable efforts to complete as soon as possible after receiving such approvals and applicable permits.
(h) Complete the Pre-Delivery HVAC and Demo Work by the dates set forth in Exhibit D, subject to the applicable two-week grace period set forth in Exhibit “D”.
(i) Paint the walls and railings and install carpet on the stairwells between the floors of the Demised Premises that are described on Exhibit T by August 1, 2014, provided, however, in the event Tenant elects to install the Internal Stairwell, then Landlord shall have no obligation to perform the work described in this Section 45 (i)-(iv) above If Landlord fails to deliver the required category of Landlord’s Work (i.e. (i).
, (jii) Install building standard new window blinds/shades(iii) or (iv)) within ninety (90) days after the estimated dates set forth above, as applicable, subject to extension for force majeure event, long lead items and/or Tenant delays (of which Landlord gives written notice to Tenant within 10 business days after occurring), then, for each day of such delay, Tenant shall receive a credit against Base Rent based upon the applicable percentage of the category not substantially complete until substantial completion has been achieved. The improvements described in For example, if ▇▇▇▇▇▇▇▇ is able to timely deliver only 2 of the 4 categories of the work and as a result the extended delivery date has been exceeded for those 2 undelivered categories, then Tenant shall receive a per diem credit equal to 50% of the applicable Base Rent until substantial completion of those 2 undelivered categories. As of the Date of Execution, Landlord and Tenant have identified Kastle Systems as a potential vendor to perform the Lobby Security Upgrades and provide the accompanying technology services. Based on credible and reasonably comprehensive bids obtained by Landlord from Kastle Systems, Landlord and Tenant anticipate the cost of Lobby Security Upgrades will be approximately $96,000.00, which cost may increase based on unanticipated scope but not to more than $120,000.00 without the prior written agreement of Landlord and Tenant (the foregoing cost, the “Base Installation Cost”). The final pricing of the Lobby Security Upgrades will be shared with Tenant on an open-book and collaborative basis, and is subject to the mutual agreement by ▇▇▇▇▇▇▇▇ and ▇▇▇▇▇▇. Landlord and Tenant shall share the Base Installation Cost 50/50. Notwithstanding the foregoing, Tenant may propose optional upgrades or changes, a different make and model, or alternative technology providers to Kastle Systems (▇the foregoing, “Tenant Options”), (▇), (▇), (▇), (▇), (▇), (▇), (▇) provided that any additional cost beyond the Base Installation Cost shall be presented to Tenant for Tenant’s review and (j) shall hereinafter collectively be referred to as the “Pre-Occupancy Landlord’s Work”. The improvements described in Sections 45(a), (b)approval, and (d) above may if approved by Tenant, shall be performed, at Landlord’s cost, borne 100% by Tenant. Any delay in delivery caused by Tenant’s general contractor in conjunction with the construction of the Tenant’s Work as mutually agreed to by the parties and at Landlord’s reasonable discretionOptions shall be deemed Tenant delay. The dates set forth above for the performance of Landlord’s Work All Tenant Options shall be subject to extension on a day for day basis for each day the prior approval of delay caused Landlord, which may not be unreasonably withheld, delayed or conditioned. When the total cost of the Lobby Security Upgrades, any Tenant Options, and final specifications are all approved by Force Majeure Landlord and each day Tenant, the installation of delay caused the Lobby Security Upgrades shall be performed by a Net Tenant DelayLandlord. In the event that Tenant’s general contractor performs all or any portion of the Landlord’s Work, then Landlord cost (being 50% of the Base Installation Cost and 100% of any Tenant Options) shall be deemed to have timely performed deducted from the applicable portion of the Landlord’s Work by the stated deadline set forth above in this Section 45. Landlord shall deliver to Tenant initial drawings and plans (collectively, the “HVAC Plans”) for the work described in Sections 45(a) and 45(b) above (collectively, the “Pre-Delivery HVAC Work”) on or about October 15, 2013, which HVAC Plans shall not be final construction drawings. Within ten (10) days after the date Landlord delivers the HVAC Plans, Tenant shall provide Landlord with written comments concerning the size of the VAV units and Landlord’s design of outside air upgrades based upon Tenant’s space design. If Tenant delivers written notice to Landlord after the ten (10) day period of any changes Tenant desires with respect to the size of the VAV units or outside air upgrades, then (i) any delay caused by any such changes shall constitute Tenant Delay, and (ii) any increase in the cost of the Pre-Delivery HVAC Work that is caused as a result of such changes shall be payable by Tenant, as Additional Rent, upon thirty (30) days prior written notice from Landlord. On or before January 1, 2014, Tenant shall provide Landlord with Tenant’s desired locations for the VAV unit installations. In the event that Tenant fails to provide Landlord with such information by January 1, 2014, (i) then Landlord shall install such VAV units in generic locations, and (ii) and in the event Tenant requests that such VAV units be installed in different locations, then (x) any delays caused by such relocations shall constitute Tenant Delay, and (y) Tenant shall pay the entire cost of any such relocations, as Additional Rent, upon thirty (30) days prior written notice from LandlordContribution.
Appears in 1 contract
Sources: Office Lease (Ibotta, Inc.)
Landlord’s Work. Landlord(a) Landlord will construct the base building warm shell of the Building, at Landlord’s sole costwhich shall be a six-story, shall perform steel frame building containing the following components listed on Exhibit A-1 attached hereto (collectivelythe “Warm Shell Components”), in accordance with the plans for the Building which are being developed by Landlord and which are subject to approval by the City of Santa ▇▇▇▇▇ (such plans, prior to approval by the City being defined herein as the “Interim Base Building Plans” and, after approval by the City being defined herein as the “Final Base Building Plans”), and the Site Plan (which also remains subject to approval, and changes if any are required, by the City of Santa ▇▇▇▇▇), and in compliance with all Laws applicable thereto on the date the Building is substantially completed by Landlord (the “Landlord’s Work”):
(a) Install a new HVAC system for the portion ). The exterior architecture of the Demised Premises located in Tower 1 in accordance Building shall be substantially the same as Building C, but shall consist of six (6) stories rather than four (4) stories. Landlord shall provide Tenant’s architect with the performance standards and specifications that are described on Exhibit “N” that will allow Tenant to timely complete construction a CAD file of the Tenant’s Work and achieve beneficial occupancy for Final Base Building Plans upon submittal of same to the conduct City of Tenant’s business by August 1, 2014Santa ▇▇▇▇▇ Building Department (the “Submittal Date”).
(b) Substantially upgrade Landlord will deliver drafts of the existing HVAC system Interim Base Building Plans to Tenant as the same are developed and revised, within three (3) business days after each revision set is completed. Tenant shall have the right at any time on or before the Submittal Date to request changes to the Base Building Plans or plans for the portion of the Demised Premises located in Tower 2 Building-Specific Common Areas in accordance with this Paragraph 1 (each Tenant-requested change to the HVAC performance standards and specifications that are described on Exhibit “N”, and (b) achieve performance coordination with the new HVAC system being installed Base Building Plans or plans for the portion of the Demised Premises located in Tower 1 (i.e.Building-Specific Common Areas, eliminate issues of two systems in two buildings of a full floor occupied by Tenant), that will allow Tenant to timely complete construction of the Tenant’s Work and achieve beneficial occupancy for the conduct of Tenant’s business by August 1, 2014.
(c) Perform the renovations to the fitness facility and locker-rooms (or newly constructed elsewhere) that are described on Exhibit “P” by August 1, 2014.
(d) Perform the renovations to the restrooms on the floors comprising the Demised Premises that are described on Exhibit “Q” by August 1, 2014. Landlord’s general contractor completing such renovations shall prepare and submit to Tenant a budget for such renovations that provides in reasonable detail the cost of the permitting and construction of such renovations (the “Original Bathroom Renovations Pricing LetterTRC”). In the event that Tenant desires that Landlord perform such bathroom renovations using a design selected by Tenant, which design shall be subject to Landlord’s reasonable approval, then provided such design is agreed to, in writing, on or before November 1, 2013, Landlord shall perform the bathroom renovations using Tenant’s design. Landlord’s general contractor completing such renovations shall prepare and submit to Tenant a budget for the renovations based on Tenant’s design that provides in reasonable detail the cost of the permitting and construction of such renovations (the “Tenant Design Bathroom Renovations Pricing Letter”). Tenant, with Landlord’s assistance, shall review the Tenant Design Bathroom Renovations Pricing Letter, and advise Landlord within Within ten (10) business days of changesreceipt of any TRC or as soon thereafter as is reasonably practicable, Landlord shall respond to Tenant in writing to such TRC request with either (a) its reasonable disapproval of such request (which may be based on, among other things, such request reducing the quality or scope of the Base Building Plans or any of the Warm Shell Components), or (b) its good faith estimate (each a “TRC Estimate”), if any, Tenant reasonably requires be made to the TRC were incorporated into the Base Building Plans or plans for the bathroom renovations. Based on such changesBuilding-Specific Common Areas, Landlord shall cause its general contractor of: (A) the increase (if any) or decrease (if any) in cost to prepare design and construct the “Final Tenant Design Bathroom Renovations Pricing Letter”, which Landlord and Tenant shall reasonably approve prior to the commencement of the bathroom renovations based on Tenant’s designs, which approval shall not be unreasonably withheld, conditioned Warm Shell Components or delayed. In the event the cost of performing the bathroom renovations using Tenant’s design as set forth in the Final Tenant Design Bathroom Renovations Pricing Letter is greater than the cost plans for the Original Bathroom Renovations Pricing LetterBuilding-Specific Common Areas, and (B) the increase (if any) in days to design and construct the Warm Shell Components or plans for the Building-Specific Common Areas. If Landlord delivers a TRC Estimate, Tenant shall pay promptly approve (“TRC Approval”) or disapprove (“TRC Disapproval”) the same in writing to Landlord the difference between the cost set forth and any increase in the Final costs (which may be netted, but not below zero, against any decreases in costs) shall be paid directly by Tenant Design Bathroom Renovations Pricing Letter and the Original Bathroom Renovations Pricing Letter not later than thirty to Landlord (30) days following the date on which (i) the bathroom renovations are Substantially Completed in accordance with provided that, at Tenant’s designs and delivery election, up to Tenant, and (ii) a reasonably detailed invoice for such costs has been delivered to Tenant.
(e) Perform the renovations to the Buildings’ ground floor lobbies and corridors that are described on Exhibit “R” by August 1, 2014.
(f) Perform the renovations to the Buildings’ elevator cabs in Tower 1 and Tower 2 that are described on Exhibit “S” by August 1, 2014.
(g) Perform the renovations to the patio area outside an aggregate maximum of $5 per rentable square foot of the cafeteria, including a better direct means of access to increase in costs may deducted from the Metro connection stairs, that are described on Exhibit “T”, with a target date of October 1, 2014, but subject to all relevant governmental approvals. Landlord shall perform such work as soon as reasonably practical using commercially reasonable efforts to complete as soon as possible after receiving such approvals and applicable permits.
(h) Complete the Pre-Delivery HVAC and Demo Work by the dates set forth in Exhibit D, subject to the applicable two-week grace period set forth in Exhibit “D”.
(i) Paint the walls and railings and install carpet on the stairwells between the floors of the Demised Premises that are described on Exhibit T by August 1, 2014, provided, however, in the event Tenant elects to install the Internal Stairwell, then Landlord shall have no obligation to perform the work described in this Section 45 (i).
(j) Install building standard new window blinds/shades. The improvements described in ▇▇▇▇▇▇▇▇ ▇▇ (▇), (▇), (▇), (▇), (▇), (▇), (▇), (▇) and (j) shall hereinafter collectively be referred to as the “Pre-Occupancy Landlord’s Work”. The improvements described in Sections 45(a), (bImprovement Allowance), and (d) above may be performedthe increase in days shall constitute Tenant Delay for purposes of the Lease and this Work Letter and, at accordingly, shall adjust Landlord’s cost, by Tenant’s general contractor in conjunction with the construction of the Tenant’s Work as mutually agreed to by the parties and at Landlord’s reasonable discretion. The dates set forth above for the performance of Landlord’s Work shall be subject to extension Delivery Date on a day for day basis basis. Tenant shall be responsible for each day of delay caused by Force Majeure any increases in days and each day of delay caused by a Net Tenant Delayincreases in costs whether or not the TRC Estimate turns out to be accurate. In addition, regardless of whether Tenant approves or disapproves a TRC Estimate, Tenant shall be responsible for the event that increases in days and increases in costs resulting from the TRC approval process described in this Paragraph 1, including but not limited to the increases in time and costs involved in preparing TRC Estimates and in the approval/disapproval process (such costs being defined herein as “TRC Amounts”).
(c) Any TRC which has been approved by Tenant pursuant to a TRC Approval shall be referred to herein as an “Approved TRC”. If Tenant fails to deliver notice of Tenant’s general contractor performs all consent, or any portion the withholding of Tenant’s consent, to the Landlord’s Workproposed TRC Estimate within five (5) business days, then Landlord Tenant shall be deemed to have timely performed disapproved the applicable portion of the Landlord’s Work by the stated deadline set forth above TRC Estimate in this Section 45question. Landlord shall deliver to Tenant initial drawings and plans (collectively, the A “HVAC Plans”) for the work described in Sections 45(a) and 45(b) above (collectively, the “Pre-Delivery HVAC Work”) on or about October 15, 2013, which HVAC Plans shall not be final construction drawings. Within ten (10) days after the date Landlord delivers the HVAC Plans, Tenant shall provide Landlord with written comments concerning the size of the VAV units and Landlord’s design of outside air upgrades based upon Tenant’s space design. If Tenant delivers written notice to Landlord after the ten (10) day period of any changes Tenant desires TRC Estimate” with respect to the size any change shall be Landlord’s reasonable estimate of the VAV units following: (1) direct construction costs thereof, (2) related general contractor’s general conditions, overhead and general contractor’s other indirect costs thereof (with respect to which Landlord shall provide Tenant with adequate supporting documentation for Tenant’s confirmation), (3) the general contractor’s fee, which shall be the same fee being paid by Landlord to Landlord’s general contractor for the construction of the Warm Shell Components or outside air upgradesplans for the Building-Specific Common Areas, then (i4) design, permitting, testing, inspecting, engineering (which shall be the same fees being paid by Landlord to the Landlord architects and engineers for the construction of the Warm Shell Components or plans for the Building-Specific Common Areas) and other indirect costs to be at Landlord’s actual costs incurred (i.e., there will be no Landlord markup), (5) the credit (if any) resulting from any delay caused by any such changes shall constitute Tenant Delaysavings resulting from all TRCs, and (ii6) any increase in other third party costs directly related to the cost of the Pre-Delivery HVAC Work that is caused as a result of such changes shall be payable TRC reasonably incurred by Tenant, as Additional Rent, upon thirty (30) days prior written notice from Landlord. On or before January 1, 2014, Tenant shall provide Landlord with Tenant’s desired locations for the VAV unit installations. In the event that Tenant fails to provide Landlord with such information by January 1, 2014, (i) then Landlord shall install such VAV units in generic locations, and (ii) and in the event Tenant requests that such VAV units be installed in different locations, then (x) any delays caused by such relocations shall constitute Tenant Delay, and (y) Tenant shall pay the entire cost of any such relocations, as Additional Rent, upon thirty (30) days prior written notice from Landlord.Building D
Appears in 1 contract
Landlord’s Work. LandlordLandlord shall, at Landlord’s 's sole cost, shall cost and expense perform the following following: (collectively, i) replace and raise the “Landlord’s Work”):
(a) Install a new HVAC system for the portion of the Demised Premises ceiling grid currently located in Tower 1 in accordance with the performance standards and specifications that are described on Exhibit “N” that will allow Tenant Premises to timely complete construction a height of the Tenant’s Work and achieve beneficial occupancy for the conduct of Tenant’s business by August 1, 2014.
(b) Substantially upgrade the existing HVAC system for the portion of the Demised Premises located in Tower 2 in accordance with the HVAC performance standards and specifications that are described on Exhibit “N”, and (b) achieve performance coordination with the new HVAC system being installed for the portion of the Demised Premises located in Tower 1 (i.e., eliminate issues of two systems in two buildings of a full floor occupied by Tenant), that will allow Tenant to timely complete construction of the Tenant’s Work and achieve beneficial occupancy for the conduct of Tenant’s business by August 1, 2014.
(c) Perform the renovations to the fitness facility and locker-rooms (or newly constructed elsewhere) that are described on Exhibit “P” by August 1, 2014.
(d) Perform the renovations to the restrooms on the floors comprising the Demised Premises that are described on Exhibit “Q” by August 1, 2014. Landlord’s general contractor completing such renovations shall prepare and submit to Tenant a budget for such renovations that provides in reasonable detail the cost of the permitting and construction of such renovations (the “Original Bathroom Renovations Pricing Letter”). In the event that Tenant desires that Landlord perform such bathroom renovations using a design selected by Tenant, which design shall be subject to Landlord’s reasonable approval, then provided such design is agreed to, in writing, on or before November 1, 2013, Landlord shall perform the bathroom renovations using Tenant’s design. Landlord’s general contractor completing such renovations shall prepare and submit to Tenant a budget for the renovations based on Tenant’s design that provides in reasonable detail the cost of the permitting and construction of such renovations (the “Tenant Design Bathroom Renovations Pricing Letter”). Tenant, with Landlord’s assistance, shall review the Tenant Design Bathroom Renovations Pricing Letter, and advise Landlord within ten (10) business days of changes, if any, Tenant reasonably requires be made feet and add drywall as necessary to accommodate the plans for the bathroom renovations. Based on such changes, Landlord shall cause its general contractor to prepare the “Final Tenant Design Bathroom Renovations Pricing Letter”, which Landlord and Tenant shall reasonably approve prior to the commencement of the bathroom renovations based on Tenant’s designs, which approval shall not be unreasonably withheld, conditioned or delayed. In the event the cost of performing the bathroom renovations using Tenant’s design as set forth in the Final Tenant Design Bathroom Renovations Pricing Letter is greater than the cost for the Original Bathroom Renovations Pricing Letter, Tenant shall pay to Landlord the difference between the cost set forth in the Final Tenant Design Bathroom Renovations Pricing Letter and the Original Bathroom Renovations Pricing Letter not later than thirty (30) days following the date on which (i) the bathroom renovations are Substantially Completed in accordance with Tenant’s designs and delivery to Tenant, and new ceiling height; (ii) relocate the current HVAC chase to a reasonably detailed invoice for such costs has been delivered to Tenant.
(e) Perform the renovations location that is adjacent to the Buildings’ ground floor lobbies and corridors that are described break room which will occupy a portion of "open area 239" as shown on Exhibit “R” by August 1plans dated July 19, 2014.
2002; (fiii) Perform close up the renovations to the Buildings’ elevator cabs in Tower 1 and Tower 2 that are described on Exhibit “S” by August 1, 2014.
(g) Perform the renovations to the patio area outside of the cafeteria, including a better direct means of access to the Metro connection stairs, that are described on Exhibit “T”, with a target date of October 1, 2014, but subject to all relevant governmental approvals. Landlord shall perform such work as soon as reasonably practical using commercially reasonable efforts to complete as soon as possible after receiving such approvals and applicable permits.
(h) Complete the Pre-Delivery HVAC and Demo Work by the dates set forth in Exhibit D, subject to the applicable two-week grace period set forth in Exhibit “D”.
(i) Paint the walls and railings and install carpet on the stairwells between the floors of the Demised Premises that are described on Exhibit T by August 1, 2014, provided, however, skylight in the event Tenant elects to install the Internal Stairwell, then Landlord Premises; (iv) windbracing shall have no obligation to perform the work described in this Section 45 (i).
(j) Install building standard new window blinds/shades. The improvements described in ▇▇▇▇▇▇▇▇ ▇▇ (▇), (▇), (▇), (▇), (▇), (▇), (▇), (▇) be removed and relocated per engineering drawings by Landlord; and (jv) shall hereinafter collectively be referred to as Landlord warrants and represents that, because there is no windbracing in the “Pre-Occupancy Landlord’s Work”. The improvements described in Sections 45(a), (b), and (d) above may be performed, at Landlord’s cost, by Tenant’s general contractor in conjunction with existing support wall beside the construction of the Tenant’s Work as mutually agreed to by the parties and at Landlord’s reasonable discretion. The dates set forth above for the performance of Landlord’s Work shall be subject to extension on a day for day basis for each day of delay caused by Force Majeure and each day of delay caused by a Net Tenant Delay. In the event that Tenant’s general contractor performs all or any portion of the Landlord’s Work, then Landlord shall be deemed to have timely performed the applicable portion of the Landlord’s Work by the stated deadline set forth above in this Section 45. Landlord shall deliver to Tenant initial drawings and plans (collectively, the “HVAC Plans”) for the work described in Sections 45(a) and 45(b) above (collectively, the “Pre-Delivery HVAC Work”) on or about October 15, 2013, which HVAC Plans shall not be final construction drawings. Within ten (10) days after the date Landlord delivers the HVAC Plansrestrooms, Tenant shall provide Landlord with written comments concerning may create two (2) openings in said wall per the size of the VAV units and Landlord’s design of outside air upgrades based upon Tenant’s space designdrawing prepared by Design Management dated 8/28/02. If Tenant delivers written notice to Landlord after the ten (10) day period of any changes Tenant desires with respect to the size of the VAV units Any tile installation, lighting, insulation modification, mechanical work or outside air upgrades, then (i) any delay caused by any such changes shall constitute Tenant Delay, and (ii) any increase in the cost of the Pre-Delivery HVAC Work that is caused other alterations required as a result of such changes the replacement and relocation of the ceiling grid shall be payable paid for out of Landlord's Allowance. EXHIBIT C 2161 NEWMARKET BUILDING OCCUPANCY ESTOPPEL CERTIFICATE THIS OCCUPANCY ESTOPPEL CERTIFICATE ("Certificate") is given by MATRIA HEALTHCARE, INC. ("Tenant") to TRIZEC REALTY, INC. ("Landlord"), with respect to that certain Lease Agreement dated ____________________, 20 ___ ("Lease"), under which Tenant has leased from Landlord certain premises known as Suite 233 ("Premises") in the 2161 Newmarket Office Building ("Building"). In consideration of the mutual covenants and agreements stated in the Lease, and intending that this Certificate may be relied upon by Landlord and any prospective purchaser or present or prospective mortgagee, deed of trust beneficiary or ground lessor of all or a portion of the Building, Tenant certifies as follows:
1. Except for those terms expressly defined in this Certificate, all initially capitalized terms will have the meanings stated for such terms in the Lease.
2. Landlord first delivered possession of the Premises to Tenant (either for occupancy by Tenant or for the commencement of construction by Tenant) on _______________, as 20 ____.
3. Tenant moved into the Premises (or otherwise first occupied the Premises for Tenant's business purposes) on ____________________, 20 ____.
4. The Commencement Date occurred on _______________, 20___, and the Expiration Date will occur on ____________________, 20 ____.
5. Tenant's obligation to make monthly payments of Rent and Additional RentRent under the Lease began (or will begin) on __________________, upon thirty (30) days 20 ____. Executed this _______ day of ______________, 20 ___. TENANT: MATRIA HEALTHCARE, INC. By:___________________________ Printed Name:__________________ Title:_________________________ Exhibit D 2161 NEWMARKET BUILDING Rules and Regulations
1. SIGN DISPLAY Landlord will provide at Landlord's expense signage for the Premises. Such signage will be coordinated throughout the business park for uniformity and attractiveness. No sign, tag, label, picture, advertisement or notice shall be displayed distributed, inscribed, painted or affixed by Tenant on any part of the outside of the building or of the demised Premises without prior written notice from consent of Landlord. On or before January 1, 2014, Tenant shall provide Landlord with Tenant’s desired locations for In addition to the VAV unit installations. In the event that Tenant fails to provide Landlord with such information by January 1, 2014, (i) then foregoing Landlord shall install such VAV units in generic locationsplace, at Tenant's sole cost and (ii) and in expense, the event Tenant requests that such VAV units be installed in different locations, then (x) any delays caused by such relocations shall constitute Tenant Delay, and (y) Tenant shall pay name "American Freedom Mortgage" on the entire cost of any such relocations, as Additional Rent, upon thirty (30) days prior written notice from Landlordexisting monument sign at the Franklin Road entrance to the Complex.
Appears in 1 contract
Landlord’s Work. Landlord, at Landlord’s its sole costcost and expense, shall perform or cause to be performed the following (collectively, the “"Landlord’s 's Work”):
(a) Install a new HVAC system for the portion ," defined herein to mean demolition of the Demised Premises located in Tower 1 Existing Building and construction of two (2) concrete tilt-up building shells substantially in accordance with the performance standards final plans and specifications that are described to be submitted to and approved by the Tenant pursuant to Section 1(b) below and by the City (once so approved, the "Final Shell Plans"), which building shells shall contain only the items listed on Exhibit “N” B-2 or shown on the Final Shell Plans (the "Building Shells"). Landlord's Work shall upon completion be in compliance with all then-applicable Laws and Private Restrictions (except to the extent noncompliance is the result of Tenant- requested changes in the Preliminary or Final Shell Plans). Landlord's Work shall be performed using a general contractor selected by Landlord from the contractors listed Exhibit B-1; provided that will allow Tenant to timely complete construction of the Tenant’s Work and achieve beneficial occupancy for the conduct of Tenant’s business by August 1, 2014.
(b) Substantially upgrade the existing HVAC system for the portion of the Demised Premises located in Tower 2 in accordance with the HVAC performance standards and specifications that are described Landlord may use contractors other than those on Exhibit “N”, and (b) achieve performance coordination with the new HVAC system being installed for the portion of the Demised Premises located in Tower 1 (i.e., eliminate issues of two systems in two buildings of a full floor occupied by Tenant), that will allow Tenant to timely complete construction of the Tenant’s Work and achieve beneficial occupancy for the conduct of Tenant’s business by August 1, 2014.
(c) Perform the renovations to the fitness facility and locker-rooms (or newly constructed elsewhere) that are described on Exhibit “P” by August 1, 2014.
(d) Perform the renovations to the restrooms on the floors comprising the Demised Premises that are described on Exhibit “Q” by August 1, 2014. Landlord’s general contractor completing such renovations shall prepare and submit to Tenant a budget for such renovations that provides in reasonable detail the cost of the permitting and construction of such renovations (the “Original Bathroom Renovations Pricing Letter”). In the event that Tenant desires that Landlord perform such bathroom renovations using a design selected by Tenant, which design shall be B-1 subject to Landlord’s reasonable Tenant's approval, then provided such design is agreed to, in writing, on or before November 1, 2013, Landlord shall perform the bathroom renovations using Tenant’s design. Landlord’s general contractor completing such renovations shall prepare and submit to Tenant a budget for the renovations based on Tenant’s design that provides in reasonable detail the cost of the permitting and construction of such renovations (the “Tenant Design Bathroom Renovations Pricing Letter”). Tenant, with Landlord’s assistance, shall review the Tenant Design Bathroom Renovations Pricing Letter, and advise Landlord within ten (10) business days of changes, if any, Tenant reasonably requires be made to the plans for the bathroom renovations. Based on such changes, Landlord shall cause its general contractor to prepare the “Final Tenant Design Bathroom Renovations Pricing Letter”, which Landlord and Tenant shall reasonably approve prior to the commencement of the bathroom renovations based on Tenant’s designs, which approval shall not be unreasonably withheld, conditioned withheld or delayed. In Landlord shall cause WHL Architects ("Architect") to prepare initial plans for construction of the Building Shells based on the shell specifications attached as Exhibit B-2 and the site plans attached as Exhibit B-3 (the "Preliminary Shell Plans"). The Preliminary Shell Plans shall provide for accommodation of Tenant's sewer line in the Buildings' slabs and may incorporate either of the site plans attached at Exhibit B-3 or be a combination thereof, as reasonably approved by Landlord and Tenant as set forth below, provided that in no event shall the design of the Project provide for a lobby larger than 6,000 square feet or for a number of parking spaces less than 3 spaces per 1,000 (in Landlord's discretion, provided that in no event shall the parking be less than 2.75 per 1,000) Rentable Square Feet (excluding the Rentable Square Feet of the lobby). Landlord shall submit the Preliminary Shell Plans to Tenant for Tenant's approval. Tenant will provide written approval of the Preliminary Shell Plans within five (5) days after such submission. If Tenant disapproves any part of the Preliminary Shell Plans, the disapproval shall include written instructions adequate for Architect to revise the Preliminary Shell Plans. Such revisions shall be subject to Landlord's approval, which shall not be unreasonably withheld, provided that neither Landlord nor Tenant shall be entitled to request or require changes to the Preliminary Shell Plans to the extent inconsistent with Exhibits B-2 and B- 3. Tenant will finally approve the revised Preliminary Shell Plans within two (2) business days after submission thereof to Tenant. If Tenant fails to approve the Preliminary Shell Plans within the applicable periods set forth in herein, then (A) Landlord shall not be obligated to commence construction of the Building Shells, (B) Tenant shall be responsible for any resulting delay, and the cost of performing such delay, in Landlord's completion of the bathroom renovations using Building Shells and delivery of the Leased Premises, and (C) any such delay shall be deemed a Tenant Delay (as defined below). After Tenant’s design as 's approval of the Preliminary Shells Plans, such plans shall be submitted to the City for approval. After approval by the City of the Preliminary Shell Plans, Landlord shall cause Architect to prepare Final Shell Plans. Tenant will provide written approval of the Final Shell Plans within five (5) days after such submission. If Tenant disapproves any part of the Final Shell Plans, the disapproval shall include written instructions adequate for Architect to revise the Final Shell Plans. Such revisions shall be subject to Landlord's approval, which shall not be unreasonably withheld. Tenant will finally approve the revised Final Shell Plans within two (2) business days after submission thereof to Tenant. If Tenant fails to approve the Final Shell Plans within the applicable periods set forth in herein, then (A) Landlord shall not be obligated to commence construction of the Final Building Shells, (B) Tenant Design Bathroom Renovations Pricing Letter is greater than shall be responsible for any resulting delay, and the cost for of such delay, in Landlord's completion of the Original Bathroom Renovations Pricing LetterBuilding Shells and delivery of the Leased Premises, and (C) any such delay shall be deemed a Tenant Delay (as defined below). Landlord's Work shall pay be deemed to Landlord the difference between the cost have been "Substantially Completed" or to have attained "Substantial Completion" as and when hereinafter set forth in this subparagraph 1(c). When Landlord receives written certification from Architect that construction of the foundation, structural slab on grade (except to the extent delayed by Tenant's action or inaction, including at Tenant's request to accommodate Tenant's design requirements and/or any underslab aspects of the Tenant Improvements), Landlord's underslab plumbing work, structural steel framework, decking and concrete on second floor, roof structure and installation of main fire sprinkler risers in the Buildings and all other work shown on the Final Tenant Design Bathroom Renovations Pricing Letter Plans (other than the Late Delivery Items and punchlist items) have been completed in accordance with the Final Shell Plans approved by the City and the Original Bathroom Renovations Pricing Letter parties, Landlord shall prepare and deliver to Tenant a certificate signed by both Landlord and Architect (the "Structural Completion Certificate") certifying that the construction of such portions of the Buildings have been substantially completed in accordance with the Final Shell Plans in all material respects and specifying the date of that completion. To the extent reasonably available from the City, Landlord shall include reasonable evidence that the City has signed off on the items of Landlord's Work. The delivery of such Structural Completion Certificate (and evidence from the City, if any) shall memorialize the date that the Landlord's Work was "Substantially Completed," subject to concurrence by Tenant's architect, which concurrence shall not be unreasonably withheld and shall be given (or reasonably withheld) within five (5) business days after receipt of the Structural Completion Certificate. Within five (5) business after Landlord's delivery of the Structural Completion Certificate, Landlord and Tenant (and/or their representatives) shall conduct a walkthrough of the Building Shells using diligence to specify any items remaining incomplete (pursuant to the terms of the Work Letter) or in need of repair. Landlord and Tenant within said five (5) business day period after their inspection shall prepare a "punchlist" of any items remaining incomplete (pursuant to the terms of the Work Letter) or in need of repair, and Landlord shall cause such items to be completed or corrected at its sole cost and expense within a reasonable time thereafter. Promptly after Landlord provides Tenant with the Final Completion Certificate, Landlord shall cause the recordation of a Notice of Completion (as defined in Section 3093 of the California Civil Code) with respect to Landlord's Work. The term "Substantially Completed" shall not include the parking areas or landscaping of the Property (the "Late Delivery Items") or punchlist items. Landlord and Tenant acknowledge and agree that the Late Delivery Items shall be completed by Landlord no later than the date which is the later to occur of (A) the date Tenant actually occupies the Leased Premises for the conduct of its business or (B) June 30, 2003. When Landlord receives written certification from Architect that construction of the remaining improvements constituting the Landlord's Work (including the Late Delivery Items and punchlist items) has been completed in accordance with the Final Shell Plans, Landlord shall prepare and deliver to Tenant a certificate signed by both Landlord and Architect (the "Final Completion Certificate") certifying that the construction of the remaining improvements constituting Landlord's Work has been substantially completed in accordance with Final Shell Plans in all material respects, and specifying the date of that completion. Upon receipt by Tenant of the Final Completion Certificate, the Landlord's Work will be deemed delivered to Tenant for all purposes of the Lease (subject to Landlord's continuing obligations with respect to the punchlist items). Notwithstanding any other provisions of this Work Letter or of the Lease, if Landlord is delayed in substantially completing any of Landlord's Work necessary for issuance of the Structural Completion Certificate as a result of any Tenant Delay (as defined below), then the Rent Commencement Date (as otherwise determined in accordance with Article 1 of the Lease) shall be advanced one day earlier for each day by which such Tenant Delay delayed completion of the portions of Landlord's Work necessary for issuance of the Structural Completion Certificate, and Tenant shall reimburse Landlord in cash, within thirty (30) days following the date on which after written demand by Landlord (i) the bathroom renovations are Substantially Completed in accordance with Tenant’s designs and delivery to Tenant, and (ii) a reasonably detailed invoice for such costs has been delivered to Tenant.
(e) Perform the renovations to the Buildings’ ground floor lobbies and corridors that are described on Exhibit “R” accompanied by August 1, 2014.
(f) Perform the renovations to the Buildings’ elevator cabs in Tower 1 and Tower 2 that are described on Exhibit “S” by August 1, 2014.
(g) Perform the renovations to the patio area outside reasonable documentation of the cafeteria, including a better direct means of access to the Metro connection stairs, that are described on Exhibit “T”, with a target date of October 1, 2014, but subject to all relevant governmental approvals. Landlord shall perform such work as soon as reasonably practical using commercially reasonable efforts to complete as soon as possible after receiving such approvals and applicable permits.
(h) Complete the Pre-Delivery HVAC and Demo Work by the dates set forth in Exhibit D, subject to the applicable two-week grace period set forth in Exhibit “D”.
(i) Paint the walls and railings and install carpet on the stairwells between the floors of the Demised Premises that are described on Exhibit T by August 1, 2014, provided, however, in the event Tenant elects to install the Internal Stairwell, then Landlord shall have no obligation to perform the work described in this Section 45 (i).
(j) Install building standard new window blinds/shades. The improvements described in ▇▇▇▇▇▇▇▇ ▇▇ (▇items claimed), (▇), (▇), (▇), (▇), (▇), (▇), (▇) for any increased construction- related costs and (j) shall hereinafter collectively be referred to as the “Pre-Occupancy Landlord’s Work”. The improvements described in Sections 45(a), (b), and (d) above may be performed, at Landlord’s cost, expenses actually incurred by Tenant’s general contractor in conjunction with the construction of the Tenant’s Work as mutually agreed to by the parties and at Landlord’s reasonable discretion. The dates set forth above for the performance of Landlord’s Work shall be subject to extension on a day for day basis for each day of delay caused by Force Majeure and each day of delay caused by a Net Tenant Delay. In the event that Tenant’s general contractor performs all or any portion of the Landlord’s Work, then Landlord shall be deemed to have timely performed the applicable portion of the Landlord’s Work by the stated deadline set forth above in this Section 45. Landlord shall deliver to Tenant initial drawings and plans (collectively, the “HVAC Plans”) for the work described in Sections 45(a) and 45(b) above (collectively, the “Pre-Delivery HVAC Work”) on or about October 15, 2013, which HVAC Plans shall not be final construction drawings. Within ten (10) days after the date Landlord delivers the HVAC Plans, Tenant shall provide Landlord with written comments concerning the size of the VAV units and Landlord’s design of outside air upgrades based upon Tenant’s space design. If Tenant delivers written notice to Landlord after the ten (10) day period of any changes Tenant desires with respect to the size of the VAV units or outside air upgrades, then (i) any delay caused by any such changes shall constitute Tenant Delay, and (ii) any increase in the cost of the Pre-Delivery HVAC Work that is caused as a result of such changes shall be payable by Tenant, as Additional Rent, upon thirty (30) days prior written notice from Landlord. On or before January 1, 2014, Tenant shall provide Landlord with Tenant’s desired locations for the VAV unit installations. In the event that Tenant fails to provide Landlord with such information by January 1, 2014, (i) then Landlord shall install such VAV units in generic locations, and (ii) and in the event Tenant requests that such VAV units be installed in different locations, then (x) any delays caused by such relocations shall constitute Tenant Delay, and (y) Tenant shall pay the entire cost of any such relocations, as Additional Rent, upon thirty (30) days prior written notice from Landlordif any.
Appears in 1 contract
Sources: Lease Agreement (Cell Genesys Inc)
Landlord’s Work. Landlord, Landlord at Landlord’s its sole cost, shall perform the following (collectively, the “Landlord’s Work”):cost and expense shall:
(a) Install Construct a new HVAC system for cafeteria on the portion first floor of the Demised Premises located in Tower 1 in accordance with the performance standards and specifications that are described on Exhibit “N” that will allow Tenant to timely complete construction of the Tenant’s Work and achieve beneficial occupancy for the conduct of Tenant’s business by August 1, 2014.
(b) Substantially upgrade the existing HVAC system for the portion of the Demised Premises located in Tower 2 in accordance with the HVAC performance standards and specifications that are described on Exhibit “N”, and (b) achieve performance coordination with the new HVAC system being installed for the portion of the Demised Premises located in Tower 1 (i.e., eliminate issues of two systems in two buildings of a full floor occupied by Tenant), that will allow Tenant to timely complete construction of the Tenant’s Work and achieve beneficial occupancy for the conduct of Tenant’s business by August 1, 2014.
(c) Perform the renovations to the fitness facility and locker-rooms (or newly constructed elsewhere) that are described on Exhibit “P” by August 1, 2014.
(d) Perform the renovations to the restrooms on the floors comprising the Demised Premises that are described on Exhibit “Q” by August 1, 2014. Landlord’s general contractor completing such renovations shall prepare and submit to Tenant a budget for such renovations that provides in reasonable detail the cost of the permitting and construction of such renovations Building (the “Original Bathroom Renovations Pricing LetterCafeteria”). In the event ) that Tenant desires that Landlord perform such bathroom renovations using a design selected by will be open to serve Tenant, which design shall be subject to Landlord’s reasonable approval, then provided such design is agreed to, other tenants in writing, on or before November 1, 2013, Landlord shall perform the bathroom renovations using Tenant’s design. Landlord’s general contractor completing such renovations shall prepare and submit to Tenant a budget for the renovations based on Tenant’s design that provides in reasonable detail the cost of the permitting and construction of such renovations (the “Tenant Design Bathroom Renovations Pricing Letter”). Tenant, with Landlord’s assistance, shall review the Tenant Design Bathroom Renovations Pricing LetterBuilding, and advise Landlord within ten tenants of Tri-Park Corporate Park (10) business days of changes, if any, Tenant reasonably requires be made to the plans for the bathroom renovations. Based on such changes, Landlord shall cause its general contractor to prepare the “Final Tenant Design Bathroom Renovations Pricing Letter”, which Landlord and Tenant shall reasonably approve prior to the commencement of the bathroom renovations based on Tenant’s designs, which approval shall not be unreasonably withheld, conditioned or delayed. In the event the cost of performing the bathroom renovations using Tenant’s design as set forth in the Final Tenant Design Bathroom Renovations Pricing Letter is greater than the cost for the Original Bathroom Renovations Pricing Letter, Tenant shall pay to Landlord the difference between the cost set forth in the Final Tenant Design Bathroom Renovations Pricing Letter and the Original Bathroom Renovations Pricing Letter not later than thirty (30) days following the date on which (i) the bathroom renovations are Substantially Completed in accordance with Tenant’s designs and delivery to Tenant, and (ii) a reasonably detailed invoice for such costs has been delivered to Tenant.
(e) Perform the renovations to the Buildings’ ground floor lobbies and corridors that are described on Exhibit “R” by August 1, 2014.
(f) Perform the renovations to the Buildings’ elevator cabs in Tower 1 and Tower 2 that are described on Exhibit “S” by August 1, 2014.
(g) Perform the renovations to the patio area outside of the cafeteria, including a better direct means of access to the Metro connection stairs, that are described on Exhibit “T”, with a target date of October 1, 2014, but subject to all relevant governmental approvals. Landlord shall perform such work as soon as reasonably practical using commercially reasonable efforts to complete as soon as possible after receiving such approvals and applicable permits.
(h) Complete the Pre-Delivery HVAC and Demo Work by the dates set forth in Exhibit D, subject to the applicable two-week grace period set forth in Exhibit “D”.
(i) Paint the walls and railings and install carpet on the stairwells between the floors of the Demised Premises that are described on Exhibit T by August 1, 2014, provided, however, in the event Tenant elects to install the Internal Stairwell, then Landlord shall have no obligation to perform the work described in this Section 45 (i).
(j) Install building standard new window blinds/shades. The improvements described in ▇▇200 ▇▇▇▇▇▇ Drive and ▇▇▇ (▇), (▇), (▇), (▇ ▇), (▇), (▇), (▇ ▇), (▇▇▇) no later than 9 months after the date on which Tenant surrenders the Temporary Use Space on the first floor of the Building, subject, however to an extension of no more than sixty (60) days in the event there is a delay in the permitting of such improvement (Without limiting the generality of Section 1.07 of the Lease, it is specifically agreed that Landlord shall continue to operate the existing cafeteria in the Building until the Cafeteria commences operations.);
(b) Be responsible for the demise of the Demised Premises on the 1st floor, including, but not limited to construction of the demising walls, ceiling tiles, above ceiling HVAC, life safety systems, and the refinishing of common areas and elevator lobby to building standards no later than 9 months after the date on which Tenant surrenders the Temporary Use Space on the first floor of the Building;
(c) Renovate the lobby, all common areas and rest rooms of the Building and install a building energy management system no later than 9 months after the date on which Tenant surrenders the Temporary Use Space on the first floor of the Building (provided, however, that (i) any such work to be performed on the third floor of the Building (the “Third Floor Common Area Work”) shall be performed no later than the date on which the Tenant’s Work on the third floor of the Building is substantially completed and (jii) any such work to be performed on the fourth floor of the Building shall hereinafter collectively be performed during the two (2) month period commencing on the date on which the Third Floor Common Area Work is substantially completed);
(d) Install four (4) separate submeters to measure Tenant’s consumption of electricity within the Demised Premises no later than the date on which the Tenant’s Work on the third (3rd) floor of the Building is substantially completed. Any more than 4 submeters shall be installed by Landlord at Tenant’s sole cost and expense;
(e) Construct a fitness center on the 1st floor of the Building (the “Fitness Center”) that shall be open for use by Tenant’s employees free of charge no later than 9 months after the date on which Tenant surrenders the Temporary Use Space on the first floor of the Building, subject, however to an extension of no more than sixty (60) days in the event there is a delay in the permitting of such improvement. The above items are referred to as the “Pre-Occupancy Landlord’s Work”. The improvements described .” Landlord’s Work shall be performed in Sections 45(aa good and workmanlike manner in accordance with all Laws; in addition, items (a), (b), (c) and (de) above may be performed, at Landlord’s cost, by Tenant’s general contractor in conjunction with the construction of the Tenant’s Work as mutually agreed to by the parties and at Landlord’s reasonable discretion. The dates set forth above for the performance of Landlord’s Work shall will be subject performed with a quality and level of finish comparable to extension on a day for day basis for each day the quality and level of delay caused by Force Majeure and each day of delay caused by a Net Tenant Delay. In finish in the event that Tenant’s general contractor performs all or any portion corresponding portions of the Landlord’s Workbuilding located at 499 Thornall, then Landlord shall be deemed to have timely performed the applicable portion of the Landlord’s Work by the stated deadline set forth above in this Section 45. Landlord shall deliver to Tenant initial drawings and plans (collectivelyEdison, the “HVAC Plans”) for the work described in Sections 45(a) and 45(b) above (collectively, the “Pre-Delivery HVAC Work”) on or about October 15, 2013, which HVAC Plans shall not be final construction drawings. Within ten (10) days after the date Landlord delivers the HVAC Plans, Tenant shall provide Landlord with written comments concerning the size of the VAV units and Landlord’s design of outside air upgrades based upon Tenant’s space design. If Tenant delivers written notice to Landlord after the ten (10) day period of any changes Tenant desires with respect to the size of the VAV units or outside air upgrades, then (i) any delay caused by any such changes shall constitute Tenant Delay, and (ii) any increase in the cost of the Pre-Delivery HVAC Work that is caused as a result of such changes shall be payable by Tenant, as Additional Rent, upon thirty (30) days prior written notice from Landlord. On or before January 1, 2014, Tenant shall provide Landlord with Tenant’s desired locations for the VAV unit installations. In the event that Tenant fails to provide Landlord with such information by January 1, 2014, (i) then Landlord shall install such VAV units in generic locations, and (ii) and in the event Tenant requests that such VAV units be installed in different locations, then (x) any delays caused by such relocations shall constitute Tenant Delay, and (y) Tenant shall pay the entire cost of any such relocations, as Additional Rent, upon thirty (30) days prior written notice from LandlordNew Jersey.
Appears in 1 contract
Sources: Lease (Ikanos Communications)
Landlord’s Work. LandlordThe Landlord shall construct the Building and the Property of which the Leased Premises forms a part, at Landlord’s sole cost, shall perform in accordance with the following plans and specifications, each dated March 18, 2004 and as previously delivered to the Tenant: Architectural, Mechanical/Electrical, Structural and Security (collectivelythe “Plans”), and in accordance with the Base Building Modifications (the “Modifications”) set out in Schedule “D” attached hereto, as the Modifications (i) affect improvements in the Property and the Leased Premises and (ii) amend the Plans (all of the above noted obligations, construction and work in this Section 17.01 being referred to as the “Landlord’s Work”):
). No further changes may be made to the Plans which materially adversely affect (ai) Install a new HVAC system for the portion Tenant’s Work, (ii) the cost of completing Tenant’s Work, or (iii) the Demised Premises located in Tower 1 in accordance with the performance standards and specifications that are described on Exhibit “N” that will allow Tenant to timely complete construction efficient operation of the Tenant’s Work and achieve beneficial occupancy for business without the conduct of Tenant’s business by August 1, 2014.
(b) Substantially upgrade the existing HVAC system for the portion of the Demised Premises located in Tower 2 in accordance with the HVAC performance standards and specifications that are described on Exhibit “N”, and (b) achieve performance coordination with the new HVAC system being installed for the portion of the Demised Premises located in Tower 1 (i.e., eliminate issues of two systems in two buildings of a full floor occupied by Tenant), that will allow Tenant to timely complete construction consent of the Tenant’s Work and achieve beneficial occupancy for . For the conduct purposes of Tenant’s business by August 1this Lease, 2014.
(c) Perform the renovations condition of the Building as delivered to the fitness facility and locker-rooms (or newly constructed elsewhere) that are described Tenant on Exhibit “P” by August 1, 2014.
(d) Perform the renovations to the restrooms on the floors comprising the Demised Premises that are described on Exhibit “Q” by August 1, 2014. Landlord’s general contractor completing such renovations shall prepare and submit to Tenant a budget for such renovations that provides in reasonable detail the cost completion of the permitting and construction of such renovations (the “Original Bathroom Renovations Pricing Letter”). In the event that Tenant desires that Landlord perform such bathroom renovations using a design selected by Tenant, which design shall be subject to Landlord’s reasonable approval, then provided such design is agreed to, in writing, on or before November 1, 2013, Landlord shall perform the bathroom renovations using Tenant’s design. Landlord’s general contractor completing such renovations shall prepare and submit to Tenant a budget for the renovations based on Tenant’s design that provides in reasonable detail the cost of the permitting and construction of such renovations (the “Tenant Design Bathroom Renovations Pricing Letter”). Tenant, with Landlord’s assistance, shall review the Tenant Design Bathroom Renovations Pricing Letter, and advise Landlord within ten (10) business days of changes, if any, Tenant reasonably requires be made to the plans for the bathroom renovations. Based on such changes, Landlord shall cause its general contractor to prepare the “Final Tenant Design Bathroom Renovations Pricing Letter”, which Landlord and Tenant shall reasonably approve prior to the commencement of the bathroom renovations based on Tenant’s designs, which approval shall not be unreasonably withheld, conditioned or delayed. In the event the cost of performing the bathroom renovations using Tenant’s design as set forth in the Final Tenant Design Bathroom Renovations Pricing Letter is greater than the cost for the Original Bathroom Renovations Pricing Letter, Tenant shall pay to Landlord the difference between the cost set forth in the Final Tenant Design Bathroom Renovations Pricing Letter and the Original Bathroom Renovations Pricing Letter not later than thirty (30) days following the date on which (i) the bathroom renovations are Substantially Completed in accordance with Tenant’s designs and delivery to Tenant, and (ii) a reasonably detailed invoice for such costs has been delivered to Tenant.
(e) Perform the renovations to the Buildings’ ground floor lobbies and corridors that are described on Exhibit “R” by August 1, 2014.
(f) Perform the renovations to the Buildings’ elevator cabs in Tower 1 and Tower 2 that are described on Exhibit “S” by August 1, 2014.
(g) Perform the renovations to the patio area outside of the cafeteria, including a better direct means of access to the Metro connection stairs, that are described on Exhibit “T”, with a target date of October 1, 2014, but subject to all relevant governmental approvals. Landlord shall perform such work as soon as reasonably practical using commercially reasonable efforts to complete as soon as possible after receiving such approvals and applicable permits.
(h) Complete the Pre-Delivery HVAC and Demo Work by the dates set forth in Exhibit D, subject to the applicable two-week grace period set forth in Exhibit “D”.
(i) Paint the walls and railings and install carpet on the stairwells between the floors of the Demised Premises that are described on Exhibit T by August 1, 2014, provided, however, in the event Tenant elects to install the Internal Stairwell, then Landlord shall have no obligation to perform the work described in this Section 45 (i).
(j) Install building standard new window blinds/shades. The improvements described in ▇▇▇▇▇▇▇▇ ▇▇ (▇), (▇), (▇), (▇), (▇), (▇), (▇), (▇) and (j) shall hereinafter collectively be referred to as the “Pre-Occupancy Landlord’s Work”. The improvements described in Sections 45(a), (b), and (d) above may be performed, at Landlord’s cost, by Tenant’s general contractor in conjunction with the construction of the Tenant’s Work as mutually agreed to by the parties and at Landlord’s reasonable discretion. The dates set forth above for the performance of Landlord’s Work shall be subject deemed to extension be the base building condition. Subject to events of force majeure and as contemplated by Section 1.03,
(a) the Landlord’s Work in the Leased Premises shall be substantially completed by no later than November 1, 2004; and
(b) the Landlord’s Work for the Building shall be substantially completed by no later than February 28, 2005 to enable Business Occupancy. Should the Landlord’s Work in the Leased Premises not be substantially completed by December 1, 2004 and the Landlord’s Work for the Building by March 28, 2005, as a result of a default by the Landlord that is not an event of force majeure, the Tenant shall be entitled to two (2) days’ free Minimum Rent, prorated based on a 30 day for day basis month, for each day of delay caused by Force Majeure and each day of delay caused by a Net Tenant Delay. In after December 1, 2004, in the event that Tenant’s general contractor performs all or any portion of the Landlord’s Work, then Landlord shall be deemed to have timely performed the applicable portion case of the Landlord’s Work by in the stated deadline set forth above Leased Premises or March 28, 2005, in this Section 45. Landlord shall deliver to Tenant initial drawings and plans (collectively, the “HVAC Plans”) case of Landlord’s Work for the work described Building, that the Landlord’s Work is not substantially completed and the Tenant has not been delivered possession or cannot achieve Business Occupancy, as the case may be, of the Leased Premises. The Landlord undertakes to use reasonable commercial efforts to provide the Tenant with as much advance written notice as is reasonably possible as to the anticipated date of substantial completion of the Landlord’s Work in Sections 45(a) and 45(b) above (collectively, the “Pre-Delivery HVAC Work”) on Leased Premises or about October 15, 2013the Landlord’s Work for the Building, which HVAC Plans in any event shall not be final construction drawings. Within ten at least five (105) days advance notice. The parties agree that two (2) days’ free Minimum Rent for each day after December 1, 2004, in the date Landlord delivers the HVAC Plans, Tenant shall provide Landlord with written comments concerning the size case of the VAV units and Landlord’s design Work in the Leased Premises or March 28, 2005, in the case of outside air upgrades based upon TenantLandlord’s space design. If Work for the Building, that the Landlord’s Work is not substantially completed and the Tenant delivers written notice to Landlord after the ten (10) day period of any changes Tenant desires with respect to the size has not been delivered possession or cannot achieve Business Occupancy of the VAV units or outside air upgradesLeased Premises, then (i) any delay caused by any such changes shall constitute Tenant Delayas the case may be, and (ii) any increase in the cost is a representation of the Pre-Delivery HVAC Work true damages that is caused the Tenant will suffer as a result of such changes shall any delay in the substantial completion of the Landlord’s Work and the Landlord’s failure to deliver possession of the Leased Premises and is not a penalty. Should the Landlord’s Work not be payable substantially complete in the Leased Premises and the Tenant not be delivered possession of the Leased Premises by Tenant, as Additional Rent, upon thirty (30) days prior written notice from Landlord. On or before January November 1, 20142005, Tenant shall provide Landlord with for any reason whatsoever, then at the Tenant’s desired locations for sole option and discretion the VAV unit installations. In the event that Tenant fails to provide Landlord with such information by January 1, 2014, (i) then Landlord shall install such VAV units in generic locationsmay terminate this Lease, and (ii) and damages will be calculated in the event Tenant requests that such VAV units be installed in different locations, then (x) any delays caused by such relocations shall constitute Tenant Delay, and (y) Tenant shall pay the entire cost of any such relocations, as Additional Rent, upon thirty (30) days prior written notice from Landlordtheir usual manner.
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Landlord’s Work. Landlord, at At Landlord’s sole costcost and expense, Landlord shall perform prepare the Premises to be delivered to Tenant in a condition that meets all of the following requirements (collectively, the “Landlord’s Work”):
(a) Install Improvements constructed in a good and workmanlike manner consisting of the following: (i) paint and carpet throughout the Premises using Landlord’s standard choice of materials (Landlord and Tenant to mutually agree upon type and color of carpet and color of paint); (ii) install new flooring in the break room (leaving existing break room furniture); (iii) install window side panels into six (6) interior offices as depicted on Exhibit B-1; (iv) replace Premises front door with a glass door with side panels; (v) remove four (4) offices in the middle of the Premises and remove the additional office located closest to the break room all as depicted on Exhibit B-1; (vi) improve the common lobby (e.g. furnish, move mailbox, install tenant directory, and add plants) using Landlord’s standard choice of materials; (vii) install new lighting throughout the Premises using Landlord’s standard choice of materials; (viii) remove the demising walls between Suites 102 and 100; (ix) repair ceilings as needed; (x) install a new HVAC system for modular demising wall between Suites 102 and 100; and (xi) install network and power accessibility in the portion of Premises, separate from the Demised Premises located in Tower 1 in accordance with the performance standards and specifications that are described second floor wiring, as depicted on Exhibit “N” B-2;
b) Free of any furniture, fixtures, equipment, inventory or signage; and
c) All existing wiring supporting telecommunications and data services shall be labeled and in good working order. Additionally, Landlord shall provide Tenant a wiring plan that will allow Tenant to timely complete construction of the Tenant’s Work and achieve beneficial occupancy for the conduct of Tenant’s business by August 1, 2014shows all such existing wiring.
(bd) Substantially upgrade the existing HVAC system for the portion of the Demised The Premises located shall be delivered to Tenant in Tower 2 in accordance broom clean condition and free from debris with the HVAC performance standards and specifications that are described on Exhibit “N”, and (b) achieve performance coordination with the new HVAC system being installed for the portion of the Demised Premises located in Tower 1 (i.e., eliminate issues of two all Building systems in two buildings of a full floor occupied by Tenant), that will allow Tenant to timely complete construction of the Tenant’s Work and achieve beneficial occupancy for the conduct of Tenant’s business by August 1, 2014good working order.
(ce) Perform the renovations to the fitness facility and locker-rooms (or newly constructed elsewhere) that are described on Exhibit “P” by August 1, 2014.
(d) Perform the renovations to the restrooms on the floors comprising the Demised Premises that are described on Exhibit “Q” by August 1, 2014. Landlord’s general contractor completing such renovations shall prepare and submit to Tenant a budget for such renovations that provides in reasonable detail the cost of the permitting and construction of such renovations (the “Original Bathroom Renovations Pricing Letter”). In the event that Tenant desires that Landlord perform such bathroom renovations using a design selected by Tenant, which design shall be subject Suite 100 is leased to Landlord’s reasonable approval, then provided such design is agreed to, in writing, on or before November 1, 2013another tenant, Landlord shall perform replace the bathroom renovations using Tenant’s design. Landlord’s general contractor completing such renovations shall prepare modular demising wall between Suites 102 and submit to Tenant a budget for the renovations based on Tenant’s design that provides in reasonable detail the cost of the permitting and construction of such renovations (the “Tenant Design Bathroom Renovations Pricing Letter”). Tenant, with Landlord’s assistance, shall review the Tenant Design Bathroom Renovations Pricing Letter, and advise Landlord within ten (10) business days of changes, if any, Tenant reasonably requires be made to the plans for the bathroom renovations. Based on such changes, Landlord shall cause its general contractor to prepare the “Final Tenant Design Bathroom Renovations Pricing Letter”, which Landlord and Tenant shall reasonably approve prior to the commencement of the bathroom renovations based on Tenant’s designs, which approval shall not be unreasonably withheld, conditioned or delayed. In the event the cost of performing the bathroom renovations using Tenant’s design as set forth in the Final Tenant Design Bathroom Renovations Pricing Letter is greater than the cost for the Original Bathroom Renovations Pricing Letter, Tenant shall pay to Landlord the difference between the cost set forth in the Final Tenant Design Bathroom Renovations Pricing Letter and the Original Bathroom Renovations Pricing Letter not later than thirty (30) days following the date on which (i) the bathroom renovations are Substantially Completed in accordance with Tenant’s designs and delivery to Tenant, and (ii) a reasonably detailed invoice for such costs has been delivered to Tenant.
(e) Perform the renovations to the Buildings’ ground floor lobbies and corridors that are described on Exhibit “R” by August 1, 2014.
(f) Perform the renovations to the Buildings’ elevator cabs in Tower 1 and Tower 2 that are described on Exhibit “S” by August 1, 2014.
(g) Perform the renovations to the patio area outside of the cafeteria, including a better direct means of access to the Metro connection stairs, that are described on Exhibit “T”, 100 with a target date of October 1, 2014, but subject to all relevant governmental approvals. Landlord shall perform such work as soon as reasonably practical using commercially reasonable efforts to complete as soon as possible after receiving such approvals and applicable permits.
(h) Complete the Pre-Delivery HVAC and Demo Work by the dates set forth in Exhibit D, subject to the applicable two-week grace period set forth in Exhibit “D”.
(i) Paint the walls and railings and install carpet on the stairwells between the floors of the Demised Premises that are described on Exhibit T by August 1, 2014, provided, however, in the event Tenant elects to install the Internal Stairwell, then Landlord shall have no obligation to perform the work described in this Section 45 (i).
(j) Install building standard new window blinds/shades. The improvements described in ▇▇▇▇▇▇▇▇ ▇▇ (▇), (▇), (▇), (▇), (▇), (▇), (▇), (▇) and (j) shall hereinafter collectively be referred to as the “Pre-Occupancy Landlord’s Work”. The improvements described in Sections 45(a), (b), and (d) above may be performedpermanent wall, at Landlord’s cost, by Tenant’s general contractor in conjunction with the construction of the Tenant’s Work as mutually agreed to by the parties its sole cost and at Landlord’s reasonable discretion. The dates set forth above for the performance of Landlord’s Work shall be subject to extension on a day for day basis for each day of delay caused by Force Majeure and each day of delay caused by a Net Tenant Delay. In the event that Tenant’s general contractor performs all or any portion of the Landlord’s Work, then Landlord shall be deemed to have timely performed the applicable portion of the Landlord’s Work by the stated deadline set forth above in this Section 45. Landlord shall deliver to Tenant initial drawings and plans (collectively, the “HVAC Plans”) for the work described in Sections 45(a) and 45(b) above (collectively, the “Pre-Delivery HVAC Work”) on or about October 15, 2013, which HVAC Plans shall not be final construction drawings. Within ten (10) days after the date Landlord delivers the HVAC Plans, Tenant shall provide Landlord with written comments concerning the size of the VAV units and Landlord’s design of outside air upgrades based upon Tenant’s space design. If Tenant delivers written notice to Landlord after the ten (10) day period of any changes Tenant desires with respect to the size of the VAV units or outside air upgrades, then (i) any delay caused by any such changes shall constitute Tenant Delay, and (ii) any increase in the cost of the Pre-Delivery HVAC Work that is caused as a result of such changes shall be payable by Tenant, as Additional Rent, upon thirty (30) days prior written notice from Landlord. On or before January 1, 2014, Tenant shall provide Landlord with Tenant’s desired locations for the VAV unit installations. In the event that Tenant fails to provide Landlord with such information by January 1, 2014, (i) then Landlord shall install such VAV units in generic locations, and (ii) and in the event Tenant requests that such VAV units be installed in different locations, then (x) any delays caused by such relocations shall constitute Tenant Delay, and (y) Tenant shall pay the entire cost of any such relocations, as Additional Rent, upon thirty (30) days prior written notice from Landlordexpense.
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Landlord’s Work. Landlord(a) Paragraph 2.4 of the Lease is hereby modified by deleting the second sentence thereof and replacing it with the following: On or before the 4th Floor Intended Commencement Date, at Landlord shall deliver the fourth (4th) floor of the Leased Premises with the 4th Floor Tenant Improvements (as defined in the Work Letter attached hereto as Exhibit C) (the “Work Letter”) substantially complete (as described in Paragraph 7 of the Work Letter) and with the
1. Amendment No. 1 to Building B Bridge Space Lease fourth (4th) floor of the Leased Premises and such portion of the Landlord’s sole costWork being Title 24 and ADA compliant as configured upon delivery to Tenant. On or before the 2nd and 3rd Floor Intended Commencement Date, Landlord shall perform deliver the following second (collectively, 2nd) and third (3rd) floors of the Leased Premises with the 2nd and 3rd Floor Tenant Improvements (as defined in the Work Letter) substantially complete and with the second (2nd) and third (3rd) floors of the Leased Premises and such portion of the Landlord’s Work being Title 24 and ADA compliant as configured upon delivery to Tenant (the foregoing work in the entirety of the Leased Premises is referred to herein as “Landlord’s Work”):
(a) Install a new HVAC system for the portion of the Demised Premises located in Tower 1 in accordance with the performance standards and specifications that are described on Exhibit “N” that will allow Tenant to timely complete construction of the Tenant’s Work and achieve beneficial occupancy for the conduct of Tenant’s business by August 1, 2014.
(b) Substantially upgrade the existing HVAC system for the portion of the Demised Premises located in Tower 2 in accordance with the HVAC performance standards and specifications that are described on Exhibit “N”, and (b) achieve performance coordination with the new HVAC system being installed for the portion of the Demised Premises located in Tower 1 (i.e., eliminate issues of two systems in two buildings of a full floor occupied by Tenant), that will allow Tenant to timely complete construction of the Tenant’s Work and achieve beneficial occupancy for the conduct of Tenant’s business by August 1, 2014.
(c) Perform the renovations to the fitness facility and locker-rooms (or newly constructed elsewhere) that are described on Exhibit “P” by August 1, 2014.
(d) Perform the renovations to the restrooms on the floors comprising the Demised Premises that are described on Exhibit “Q” by August 1, 2014. Landlord’s general contractor completing such renovations shall prepare and submit to Tenant a budget for such renovations that provides in reasonable detail the cost of the permitting and construction of such renovations (the “Original Bathroom Renovations Pricing Letter”). In For the event that Tenant desires that Landlord perform such bathroom renovations using a design selected by Tenantavoidance of confusion, which design there shall be subject to Landlord’s reasonable approval, then provided such design is agreed to, in writing, on or before November 1, 2013, Landlord shall perform the bathroom renovations using Tenant’s design. Landlord’s general contractor completing such renovations shall prepare and submit to Tenant a budget for the renovations based on Tenant’s design that provides in reasonable detail the cost of the permitting and construction of such renovations (the “Tenant Design Bathroom Renovations Pricing Letter”). Tenant, with Landlord’s assistance, shall review the Tenant Design Bathroom Renovations Pricing Letter, and advise Landlord within ten (10) business days of changes, if any, Tenant reasonably requires be made to the plans for the bathroom renovations. Based on such changes, Landlord shall cause its general contractor to prepare the “Final Tenant Design Bathroom Renovations Pricing Letter”, which Landlord no penalties and Tenant shall reasonably approve prior to the commencement of the bathroom renovations based on Tenant’s designs, which approval shall not be unreasonably withheld, conditioned or delayed. In the event the cost of performing the bathroom renovations using Tenant’s design as set forth in the Final Tenant Design Bathroom Renovations Pricing Letter is greater than the cost for the Original Bathroom Renovations Pricing Letter, Tenant shall pay to Landlord the difference between the cost set forth in the Final Tenant Design Bathroom Renovations Pricing Letter and the Original Bathroom Renovations Pricing Letter not later than thirty (30) days following the date on which (i) the bathroom renovations are Substantially Completed in accordance with Tenant’s designs and delivery to Tenant, and (ii) a reasonably detailed invoice for such costs has been delivered to Tenant.
(e) Perform the renovations to the Buildings’ ground floor lobbies and corridors that are described on Exhibit “R” by August 1, 2014.
(f) Perform the renovations to the Buildings’ elevator cabs in Tower 1 and Tower 2 that are described on Exhibit “S” by August 1, 2014.
(g) Perform the renovations to the patio area outside of the cafeteria, including a better direct means of access to the Metro connection stairs, that are described on Exhibit “T”, with a target date of October 1, 2014, but subject to all relevant governmental approvals. Landlord shall perform such work as soon as reasonably practical using commercially reasonable efforts to complete as soon as possible after receiving such approvals and applicable permits.
(h) Complete the Pre-Delivery HVAC and Demo Work by the dates set forth in Exhibit D, subject to the applicable two-week grace period set forth in Exhibit “D”.
(i) Paint the walls and railings and install carpet on the stairwells between the floors of the Demised Premises that are described on Exhibit T by August 1, 2014, provided, however, in the event Tenant elects to install the Internal Stairwell, then Landlord shall have no obligation to perform the work described in this Section 45 (i).
(j) Install building standard new window blinds/shades. The improvements described in ▇▇▇▇▇▇▇▇ ▇▇ (▇), (▇), (▇), (▇), (▇), (▇), (▇), (▇) and (j) shall hereinafter collectively be referred to as the “Pre-Occupancy Landlord’s Work”. The improvements described in Sections 45(a), (b), and (d) above may be performed, at Landlord’s cost, by Tenant’s general contractor in conjunction with the construction of the Tenant’s Work as mutually agreed to by the parties and at Landlord’s reasonable discretion. The dates set forth above for the performance termination rights on account of Landlord’s Work shall be subject failure to extension on a day for day basis for each day of delay caused by Force Majeure and each day of delay caused by a Net Tenant Delay. In complete the event that Tenant’s general contractor performs all or any portion of the Landlord’s Work, then Landlord shall be deemed to have timely performed the applicable portion foregoing portions of the Landlord’s Work by the stated deadline dates set forth above in this Section 45. Landlord shall deliver to Tenant initial drawings and plans (collectivelyherein, it being the “HVAC Plans”) for the work described in Sections 45(a) and 45(b) above (collectively, the “Pre-Delivery HVAC Work”) on or about October 15, 2013, which HVAC Plans shall not be final construction drawings. Within ten (10) days after the date Landlord delivers the HVAC Plans, Tenant shall provide Landlord with written comments concerning the size intent of the VAV units and Landlord’s design parties that the sole consequence of outside air upgrades based upon Tenant’s space design. If Tenant delivers written notice to Landlord after such delays would be similar delays in the ten dates by which Base Monthly Rent would commence under this Lease.
(10b) day period of any changes Tenant desires with respect Exhibit C attached to the size of the VAV units or outside air upgrades, then (i) any delay caused by any such changes shall constitute Tenant Delay, Lease is hereby deleted and (ii) any increase in the cost of the Pre-Delivery HVAC Work that is caused as a result of such changes shall be payable by Tenant, as Additional Rent, upon thirty (30) days prior written notice from Landlord. On or before January 1, 2014, Tenant shall provide Landlord replaced with Tenant’s desired locations for the VAV unit installations. In the event that Tenant fails Exhibit C attached to provide Landlord with such information by January 1, 2014, (i) then Landlord shall install such VAV units in generic locations, and (ii) and in the event Tenant requests that such VAV units be installed in different locations, then (x) any delays caused by such relocations shall constitute Tenant Delay, and (y) Tenant shall pay the entire cost of any such relocations, as Additional Rent, upon thirty (30) days prior written notice from Landlordthis Amendment.
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Sources: Building B Bridge Space Lease (Palo Alto Networks Inc)
Landlord’s Work. Landlord, at Landlord’s sole cost, Landlord shall perform use commercially reasonable efforts to complete the following exterior improvements to façade and landscaping in progress as of the Date (collectively, the “Landlord’s Work”):
) as shown more particularly on Exhibit C-1 on or before the later to occur of (ai) Install a new HVAC system for the portion December 31, 2019 and (ii) Tenant’s occupancy of the Demised Premises located in Tower 1 in accordance with the performance standards and specifications that are described on Exhibit “N” that will allow Tenant to timely complete construction of the Tenant’s Work and achieve beneficial occupancy for the conduct of Tenant’s business by August 1, 2014.
(b) Substantially upgrade the existing HVAC system for the portion of the Demised Premises located in Tower 2 in accordance with the HVAC performance standards and specifications that are described on Exhibit “N”, and (b) achieve performance coordination with the new HVAC system being installed for the portion of the Demised Premises located in Tower 1 (i.e., eliminate issues of two systems in two buildings of a full floor occupied by Tenant), that will allow Tenant to timely complete construction of the Tenant’s Work and achieve beneficial occupancy for the conduct of Tenant’s business by August 1, 2014.
(c) Perform the renovations to the fitness facility and locker-rooms (or newly constructed elsewhere) that are described on Exhibit “P” by August 1, 2014.
(d) Perform the renovations to the restrooms on the floors comprising the Demised Premises that are described on Exhibit “Q” by August 1, 2014. Landlord’s general contractor completing such renovations shall prepare and submit to Tenant a budget for such renovations that provides in reasonable detail the cost of the permitting and construction of such renovations Permitted Use (the “Original Bathroom Renovations Pricing LetterLandlord’s Work Deadline”). In the event that Tenant desires that If Landlord perform such bathroom renovations using a design selected by Tenant, which design shall be subject fails to complete Landlord’s reasonable approval, then provided such design is agreed to, in writing, on or before November 1, 2013, Landlord shall perform Work by the bathroom renovations using Tenant’s design. sixtieth (60th) day after Landlord’s general contractor completing such renovations shall prepare and submit to Tenant a budget for the renovations based on Tenant’s design that provides in reasonable detail the cost of the permitting and construction of such renovations (the “Tenant Design Bathroom Renovations Pricing Letter”). Tenant, with Landlord’s assistance, shall review the Tenant Design Bathroom Renovations Pricing Letter, and advise Landlord within ten (10) business days of changes, if any, Tenant reasonably requires be made to the plans for the bathroom renovations. Based on such changes, Landlord shall cause its general contractor to prepare the “Final Tenant Design Bathroom Renovations Pricing Letter”, which Landlord and Tenant shall reasonably approve prior to the commencement of the bathroom renovations based on Tenant’s designs, which approval shall not be unreasonably withheld, conditioned or delayed. In the event the cost of performing the bathroom renovations using Tenant’s design as set forth in the Final Tenant Design Bathroom Renovations Pricing Letter is greater than the cost for the Original Bathroom Renovations Pricing LetterWork Deadline, Tenant shall have the right to complete it at Landlord’s sole cost and expense. If Landlord fails to pay to Landlord the difference between the cost set forth in the Final Tenant Design Bathroom Renovations Pricing Letter and the Original Bathroom Renovations Pricing Letter not later than such amounts within thirty (30) days following the date on which after receipt of an invoice therefor, and thereafter, within an additional five (i5) the bathroom renovations are Substantially Completed in accordance with Tenant’s designs and delivery to Business Days after receipt of a second demand notice from Tenant, and (ii) a reasonably detailed invoice for such costs has been delivered to Tenant.
(e) Perform the renovations to the Buildings’ ground floor lobbies and corridors that are described on Exhibit “R” by August 1, 2014.
(f) Perform the renovations to the Buildings’ elevator cabs in Tower 1 and Tower 2 that are described on Exhibit “S” by August 1, 2014.
(g) Perform the renovations to the patio area outside of the cafeteria, including a better direct means of access to the Metro connection stairs, that are described on Exhibit “T”, with a target date of October 1, 2014, but subject to all relevant governmental approvals. Landlord shall perform such work as soon as reasonably practical using commercially reasonable efforts to complete as soon as possible after receiving such approvals and applicable permits.
(h) Complete the Pre-Delivery HVAC and Demo Work by the dates set forth in Exhibit D, subject to the applicable two-week grace period set forth in Exhibit “D”.
(i) Paint the walls and railings and install carpet on the stairwells between the floors of the Demised Premises that are described on Exhibit T by August 1, 2014, provided, however, in the event Tenant elects to install the Internal Stairwell, then Landlord shall have no obligation the right to perform offset such amounts against upcoming payments of Fixed Rent, accruing interest at the work described in this Section 45 (i).
(j) Install building standard new window blinds/shadesDefault Rate. The improvements described in ▇▇▇ ▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇ Approach February 6, 2019 Concentrate on manufacturing and science Control Budget/Spending Consolidate sites Construction (▇)67% of the buildings total square footage) Restrict build out areas to the 1st and 3rd floors GMP manufacturing (33% of the cost) GTP manufacturing Quality Control labs Process and Development labs (30% of the cost) Research and Development labs Miscellaneous support areas 1st floor Cyro storage area Warehouse (raw material, quarantined material and finish goods) Gas cylinder storage -20 deg storage -80 deg storage 2 to 8 deg storage (▇)37% of cost) Shipping and receiving Life Bank cyro storage Maintenance area Offices Work stations Conference rooms Mini café Area expansions Fit out of the 2nd floor Amenity upgrades Core area upgrades 2nd floor Manufacturing and lab expansion Office/workstation area expansion Fitness center Mini café upgrade Core area upgrades 1st floor Core area upgrades Elevator upgrades Possible new entrance/exit near loading dock for finished goods These Building Work Rules are access and construction rules to be followed by contractors, (▇)designers and vendors who require access to the Building or who will be designing or installing work in the Building. To the extent of any conflict between this Exhibit E and the body of the Lease, (▇), (▇), (▇), (▇), (▇) and (j) the body of the Lease shall hereinafter collectively be referred control. Any references to as the “Pre-Occupancy Building Management or Building Owner shall mean Landlord’s Work”. The improvements described in Sections 45(a), (b), and (d) above may be performed, at Landlord’s cost, by Tenant’s Contractor means general contractor in conjunction with the and/or its subcontractors and suppliers doing construction of the Tenant’s Work as mutually agreed to by the parties and at Landlord’s reasonable discretion. The dates set forth above for the performance of Landlord’s Work shall be subject to extension on a day for day basis for each day of delay caused by Force Majeure and each day of delay caused by a Net Tenant Delay. In the event that Tenant’s general contractor performs all or any portion of the Landlord’s Work, then Landlord shall be deemed to have timely performed the applicable portion of the Landlord’s Work by the stated deadline set forth above in this Section 45. Landlord shall deliver to Tenant initial drawings and plans (collectively, the “HVAC Plans”) for the related work described in Sections 45(a) and 45(b) above (collectively, the “Pre-Delivery HVAC Work”) on or about October 15, 2013, which HVAC Plans shall not be final construction drawings. Within ten (10) days after the date Landlord delivers the HVAC Plans, Tenant shall provide Landlord with written comments concerning the size of the VAV units and Landlord’s design of outside air upgrades based upon Tenant’s space design. If Tenant delivers written notice to Landlord after the ten (10) day period of any changes Tenant desires with respect to the size of the VAV units or outside air upgrades, then (i) any delay caused by any such changes shall constitute Tenant Delay, and (ii) any increase in the cost of the Pre-Delivery HVAC Work that is caused as a result of such changes shall be payable by Building either directly for Landlord or Tenant, as Additional Rent, upon thirty (30) days prior written notice from Landlord. On or before January 1, 2014, Tenant shall provide Landlord with Tenant’s desired locations for the VAV unit installations. In the event that Tenant fails to provide Landlord with such information by January 1, 2014, (i) then Landlord shall install such VAV units in generic locations, and (ii) and in the event Tenant requests that such VAV units be installed in different locations, then (x) any delays caused by such relocations shall constitute Tenant Delay, and (y) Tenant shall pay the entire cost of any such relocations, as Additional Rent, upon thirty (30) days prior written notice from Landlord.
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Landlord’s Work. Landlord(a) Landlord will construct (i) the base building warm shell of Building F, at Landlord’s sole costwhich shall be an eight-story, steel frame building containing the components listed on Exhibit A-1 attached hereto, and including the improvements to the Common Areas (including the Exclusive Use Area) shown on such exhibit, and (ii) the base building warm shell of Amenities Building H, which shall perform be a two-story, steel frame building containing the following components listed on Exhibit A-2 attached hereto (collectivelyas applicable, the “Warm Shell Components”), substantially in accordance with the plans for the Building which are being developed by Landlord (based on the rendered plans which are listed on Exhibit A-3 attached hereto) and the Site Plan (such plans and Site Plan are subject to adjustment by Landlord and approval, and changes if any are required, by the City), and in compliance with all Laws applicable thereto on the date the Building is substantially completed by Landlord (the “Landlord’s Work”):
). Such plans, prior to approval by the City are defined herein as the “Interim Base Building Plans” and, after approval by the City are defined herein as the “Final Base Building Plans.” The exterior architecture of Building F shall be comparable to Building C with regard to materials and color, but shall consist of eight (a) Install 8) stories with a new HVAC system for the portion curvilinear front facade. Landlord shall provide Tenant’s architect with a CAD file of the Demised Premises located in Tower 1 in accordance with Final Base Building Plans within three (3) business days after the performance standards and specifications that are described on Exhibit same have been upon submittal of same to the City of Santa ▇▇▇▇▇ Building Department (the “N” that will allow Tenant to timely complete construction of the Tenant’s Work and achieve beneficial occupancy for the conduct of Tenant’s business by August 1, 2014Submittal Date”).
(b) Substantially upgrade the existing HVAC system for the portion Landlord will deliver drafts of the Demised Premises located in Tower 2 in accordance Interim Base Building Plans to Tenant as the same are developed and revised, within three (3) business days after each revision set is completed. In addition, Landlord shall use reasonable efforts to provide Tenant with copies of other material submissions to the City of Santa ▇▇▇▇▇ and to keep Tenant informed of material discussions and correspondence with the HVAC performance standards City and specifications that other relevant governmental authorities. Tenant shall have the right to approve any material changes to the Interim Base Building Plans, unless the same are described on Exhibit “N”, and (b) achieve performance coordination with required solely by the new HVAC system being installed for the portion City of the Demised Premises located in Tower 1 (i.e., eliminate issues of two systems in two buildings of a full floor occupied by Tenant), that will allow Tenant to timely complete construction of the Tenant’s Work and achieve beneficial occupancy for the conduct of Tenant’s business by August 1, 2014Santa ▇▇▇▇▇.
(c) Perform the renovations to the fitness facility and locker-rooms (or newly constructed elsewhere) that are described on Exhibit “P” by August 1, 2014.
(d) Perform the renovations to the restrooms on the floors comprising the Demised Premises that are described on Exhibit “Q” by August 1, 2014. Landlord’s general contractor completing such renovations shall prepare and submit to Tenant a budget for such renovations that provides in reasonable detail the cost of the permitting and construction of such renovations (the “Original Bathroom Renovations Pricing Letter”). In the event it is determined that Tenant desires that Landlord perform such bathroom renovations using a design selected by Tenant, which design shall be subject to Landlord’s reasonable approval, then provided such design is agreed to, in writing, on or before November 1, 2013, Landlord shall perform the bathroom renovations using Tenant’s design. Landlord’s general contractor completing such renovations shall prepare and submit to Tenant a budget for the renovations based on Tenant’s design that provides in reasonable detail the cost of the permitting and construction of such renovations (the “Tenant Design Bathroom Renovations Pricing Letter”). Tenant, with Landlord’s assistance, shall review the Tenant Design Bathroom Renovations Pricing Letter, and advise Landlord within ten (10) business days of changes, if any, Tenant reasonably requires be made to the plans for the bathroom renovations. Based on such changes, Landlord shall cause its general contractor to prepare the “Final Tenant Design Bathroom Renovations Pricing Letter”, which Landlord and Tenant shall reasonably approve prior to the commencement of the bathroom renovations based on Tenant’s designs, which approval shall Work has not be unreasonably withheld, conditioned or delayed. In the event the cost of performing the bathroom renovations using Tenant’s design as set forth in the Final Tenant Design Bathroom Renovations Pricing Letter is greater than the cost for the Original Bathroom Renovations Pricing Letter, Tenant shall pay to Landlord the difference between the cost set forth in the Final Tenant Design Bathroom Renovations Pricing Letter and the Original Bathroom Renovations Pricing Letter not later than thirty (30) days following the date on which (i) the bathroom renovations are Substantially Completed been completed in accordance with Tenant’s designs and delivery the requirements of this Work Letter, Landlord agrees to Tenant, and correct (ii) a reasonably detailed invoice for such costs has been delivered or to Tenant.
(e) Perform the renovations to the Buildings’ ground floor lobbies and corridors that are described on Exhibit “R” by August 1, 2014.
(f) Perform the renovations to the Buildings’ elevator cabs in Tower 1 and Tower 2 that are described on Exhibit “S” by August 1, 2014.
(g) Perform the renovations to the patio area outside of the cafeteria, including a better direct means of access to the Metro connection stairs, that are described on Exhibit “T”, with a target date of October 1, 2014, but subject to all relevant governmental approvals. Landlord shall perform such work as soon as reasonably practical using commercially reasonable efforts to complete as soon as possible after receiving such approvals and applicable permits.
(h) Complete the Pre-Delivery HVAC and Demo Work by the dates set forth in Exhibit D, subject to the applicable two-week grace period set forth in Exhibit “D”.
(i) Paint the walls and railings and install carpet on the stairwells between the floors of the Demised Premises that are described on Exhibit T by August 1, 2014, provided, however, in the event Tenant elects to install the Internal Stairwell, then Landlord shall have no obligation to perform the work described in this Section 45 (i).
(j) Install building standard new window blinds/shades. The improvements described in ▇▇▇▇▇▇▇▇ ▇▇ (▇), (▇), (▇), (▇), (▇), (▇), (▇), (▇) and (j) shall hereinafter collectively be referred to as the “Pre-Occupancy cause Landlord’s Work”. The improvements described in Sections 45(a), (b), and (dcontractor to correct) above may be performed, at Landlord’s cost, by Tenant’s general contractor in conjunction with the construction of the Tenant’s Work as mutually agreed to by necessary with the parties and at Landlord’s reasonable discretion. The dates set forth above for the performance of result that that Landlord’s Work will have been completed in accordance with the requirements of this Work Letter (and the foregoing shall be subject also apply to extension on work required due to a day for day basis for each day governmental agency requiring remediation of delay caused by Force Majeure and each day of delay caused by a Net Tenant Delay. In the event that Tenant’s general contractor performs all or any portion of the Landlord’s Work, then Landlord shall be deemed to have timely performed the applicable portion of the Landlord’s Work by the stated deadline set forth above in this Section 45. Landlord shall deliver to Tenant initial drawings and plans (collectively, the “HVAC Plans”) for the work described in Sections 45(a) and 45(b) above (collectively, the “Pre-Delivery HVAC Work”) Hazardous Materials on or about October 15, 2013, which HVAC Plans shall the Property not be final construction drawings. Within ten (10) days after the date Landlord delivers the HVAC Plans, released by Tenant shall provide Landlord with written comments concerning the size or any of the VAV units Tenant Parties). Building F and Landlord’s design of outside air upgrades based upon Tenant’s space design. If Tenant delivers written notice to Landlord after the ten (10) day period of any changes Tenant desires with respect to the size of the VAV units or outside air upgrades, then (i) any delay caused by any such changes shall constitute Tenant Delay, and (ii) any increase in the cost of the Pre-Delivery HVAC Work that is caused as a result of such changes shall be payable by Tenant, as Additional Rent, upon thirty (30) days prior written notice from Landlord. On or before January 1, 2014, Tenant shall provide Landlord with Tenant’s desired locations for the VAV unit installations. In the event that Tenant fails to provide Landlord with such information by January 1, 2014, (i) then Landlord shall install such VAV units in generic locations, and (ii) and in the event Tenant requests that such VAV units be installed in different locations, then (x) any delays caused by such relocations shall constitute Tenant Delay, and (y) Tenant shall pay the entire cost of any such relocations, as Additional Rent, upon thirty (30) days prior written notice from Landlord.Amenities Building
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