Common use of Layout and Finish Clause in Contracts

Layout and Finish. 38.01. The provisions of this Article 38 shall apply with respect only to the Office Premises and nothing contained in this Lease shall be construed as requiring Landlord to make any contribution to the costs incurred by Tenant to prepare the Retail Premises for Tenant's occupancy thereof. Tenant hereby covenants and agrees that Tenant will, at Tenant's own cost and expense, and in a good and workmanlike manner, make and complete the work and installations in and to the Office Premises set forth below. Tenant, at Tenant's expense, shall prepare a final plan or final set of plans and specifications (which said final plan or final set of plans, as the case may be, and specifications are herein called the "final plan") which shall contain complete information and dimensions necessary for the construction and finishing of the Office Premises and for the engineering in connection therewith. The final plan shall be submitted by Tenant to Landlord for Landlord's written approval, which approval shall be governed by the provisions of Article 11 hereof, including without limitation, the time periods for responding to such final plans. If Landlord shall disapprove the final plan, Landlord shall set forth its reasons for such disapproval and itemize those portions of the final plan so disapproved. In the event that, following the approval by Landlord of Tenant's final plan, Tenant shall modify the final plan, then if such modification is of such scope that it would, standing alone constitute a Material Alteration, then such modification shall be subject to Landlord's written approval, which approval shall be governed by the provisions of Article 11 hereof. If such modification is of such scope that it would, standing alone, constitute a Non-Material Alteration, then such modification shall not require Landlord's approval, provided however, the plan (herein called "Modified Plan") reflecting such modifications to the final plan must be submitted to Landlord at least three (3) Business Days prior to the performance of the work shown on the Modified Plan. In the event Tenant disputes Landlord's disapproval of all or any portion of the final plan. Tenant shall notify Landlord of such dispute in writing not later than fifteen (15) days after receipt of Landlord's notice of disapproval. Any such dispute which is not resolved within ten (10) days after receipt of such notice shall be resolved by Expedited Arbitration. In the event that Landlord wrongfully withholds its approval of all or any portion of the final plan, then, if Tenant is actually delayed in occupying the Office Premises for the conduct of its business or using the Retail Premises for the purposes permitted hereunder (including subleasing to a user or use by a subtenant) as a result of such wrongful 136 disapproval, such wrongful disapproval shall be deemed a Landlord Delay within the meaning of Section 2.01(f) hereof. In accordance with the final plan, Tenant, at Tenant's expense, will make and complete in and to the Office Premises the work and installations (herein called "Tenant's Work") specified in the final plan. Tenant agrees that Tenant's Work will be performed in accordance with the all of the terms, covenants and provisions of Article 11 hereof and the Construction/Alteration Rules annexed as Exhibit E hereto. Tenant agrees that Tenant will use reasonable efforts in performing Tenant's Work so as to minimize disturbance to the structural and mechanical parts of the Building and Tenant will, at its own cost and expense, leave all structural and mechanical parts of the Building which shall or may be affected by Tenant's Work in good and workmanlike operating condition upon completion of Tenant's Work. Subject to the provisions of Section 18.03 hereof, Tenant hereby covenants and agrees to indemnify and save harmless Landlord of and from all claims, counsel fees, loss, damage and expenses whatsoever by reason of any injury or damage, howsoever caused, to any person or property occurring prior to the completion of Tenant's Work or occurring after such completion, as a result of anything done or omitted in connection therewith or arising out of any fine, penalty or imposition or out of any other matter or thing connected with any work done or to be done or materials furnished or to be furnished in connection with Tenant's Work. At any and all times during the progress of Tenant's Work, Landlord at Landlord's sole cost shall be entitled to have a representative or representatives on the site to inspect Tenant's Work and such representative or representatives shall have free and unrestricted access to any and every part of the Office Premises provided, however, (i) that any such representative shall use reasonable efforts to minimize any interference with the performance of Tenant's Work and (ii) under no circumstances shall it be deemed or construed that Landlord shall have incurred any liabilities, obligations or responsibilities to Tenant or any third party by reason of the access, inspections or review of Tenant's plans provided in this Section 38.01, subject, however, to the provisions of Section 2.01(f) hereof. Landlord hereby approves Xxxxxx Construction and Xxxxxx XxXxxxxx as contractors for Tenant's Work.

Layout and Finish. 38.01. The provisions of this Article 38 shall apply with respect only to the Office Premises and nothing contained in this Lease shall be construed as requiring Landlord to make any contribution to the costs incurred by Tenant to prepare the Retail Premises for 2.1 Tenant's occupancy thereof. Tenant hereby covenants and agrees that Tenant will, at Tenant's own cost and expense, and in a good professional and workmanlike manner, shall make and complete the work and installations in and to the Office Premises demised premises set forth belowbelow in such manner so that the demised premises will be executive, general and administrative offices appropriate for a first class office building in Westchester County, New York. Tenant, at Tenant's expense, shall prepare cause to be prepared 7 a final preliminary plan or final set of plans and specifications (which said final plan or final set of plans, as the case may be, and specifications are herein hereinafter called the "final plan") which shall contain complete information and dimensions necessary for relating to the construction and finishing of the Office Premises demised premises and for the engineering in connection therewiththerewith and any effect on building systems. The final plan shall be submitted by Tenant to Landlord for Landlord's written approval, which approval shall not unreasonably withheld or delayed and shall be governed by based solely upon (i) the provisions effect of Article 11 hereof"Tenant's Work", including without limitationas defined below, upon the time periods A/B Building engineering specifications and systems, (ii) potential for responding to interference with the rights of other tenants, (iii) compliance of the plan with Legal Requirements (but Landlord's approval of the plan shall in no way be deemed a representation that such final plansplans comply with Legal Requirements and (iv) the effect of Tenant's Work (as hereinafter defined) on the structure of the A/B Building (i.e., Tenant's Work must not be structural in nature). If Landlord shall disapprove the final plan, Landlord shall set forth its reasons for such disapproval and itemize those portions of the final plan so disapproved. In the event that, following the approval by Landlord of shall review and respond to Tenant's final plan, Tenant shall modify the final plan, then if such modification is of such scope that it would, standing alone constitute a Material Alteration, then such modification shall be subject to Landlord's written approval, which approval shall be governed by the provisions of Article 11 hereof. If such modification is of such scope that it would, standing alone, constitute a Non-Material Alteration, then such modification shall not require Landlord's approval, provided however, the plan plans within seven (herein called "Modified Plan") reflecting such modifications to the final plan must be submitted to Landlord at least three (3) Business Days prior to the performance of the work shown on the Modified Plan. In the event Tenant disputes Landlord's disapproval of all or any portion of the final plan. Tenant shall notify Landlord of such dispute in writing not later than fifteen (157) days after of its receipt of Landlord's notice a set of disapproval. Any detailed plans and specifications and such dispute which is not resolved within ten other information as Landlord or its agents shall reasonably (10and promptly) days after receipt of such notice shall be resolved by Expedited Arbitrationrequest. In the event that Landlord wrongfully withholds its approval of all or any portion of the final planfails to reject such plans within said seven (7) day period, thengiving explicit reasons for such rejection, if Tenant is actually delayed in occupying the Office Premises for the conduct of its business or using the Retail Premises for the purposes permitted hereunder (including subleasing to a user or use by a subtenant) as a result of such wrongful 136 disapproval, such wrongful disapproval Tenant's Plans shall be deemed a Landlord Delay within the meaning of Section 2.01(f) hereofapproved. In accordance with the final planevent that Landlord timely refuses to consent to such plans as set forth above, Tenant shall resubmit the changed plans and Landlord will then have five (5) days from its receipt of the changed plans and specifications to approve or reject such plans, using the criteria set forth above. In the event that Landlord fails to reject such plans within said five (5) day period, giving explicit reasons for such rejection, Tenant's Plans shall be deemed approved. If Landlord still rejects such plans, at Tenantthe same procedure shall be used until Landlord's expense, will make and complete consent is obtained. Landlord shall not be deemed unreasonable in and withholding its consent to the Office Premises extent that the work and installations (herein called "Tenant's Work") specified in the final plan. plan prepared by Tenant agrees that Tenant's Work will be performed in accordance with the all of the terms, covenants and provisions of Article 11 hereof and the Construction/Alteration Rules annexed as Exhibit E hereto. Tenant agrees that Tenant will use reasonable efforts in performing Tenant's Work so as to minimize disturbance to the structural and mechanical parts of the Building and Tenant will, at its own cost and expense, leave all structural and mechanical parts of the Building which shall or may be affected by Tenant's Work in good and workmanlike operating condition upon completion of Tenant's Work. Subject to the provisions of Section 18.03 hereof, Tenant hereby covenants and agrees to indemnify and save harmless Landlord of and from all claims, counsel fees, loss, damage and expenses whatsoever by reason of any injury or damage, howsoever caused, to any person or property occurring prior to the completion of Tenant's Work or occurring after such completion, as a result of anything done or omitted in connection therewith or arising out of any fine, penalty or imposition or out of any other matter or thing connected with any work done or to be done or materials furnished or to be furnished in connection with Tenant's Work. At any and all times during the progress of Tenant's Work, Landlord at Landlord's sole cost shall be entitled to have a representative or representatives on the site to inspect Tenant's Work and such representative or representatives shall have free and unrestricted access to any and every part of the Office Premises provided, however, (i) that any such representative shall use reasonable efforts to minimize any interference with pursuant hereto involves the performance of Tenant's Work and (ii) under no circumstances shall it be deemed work or construed that the installation in the demised premises of materials or equipment which do not equal or exceed the standard of quality adopted by Landlord shall have incurred any liabilities, obligations or responsibilities to Tenant or any third party by reason of for the access, inspections or review of Tenant's plans provided in this Section 38.01, subject, however, to the provisions of Section 2.01(f) hereof. Landlord hereby approves Xxxxxx Construction and Xxxxxx XxXxxxxx as contractors for Tenant's WorkBuilding.

Layout and Finish. 38.01. The provisions of this Article 38 shall apply with respect only to the Office Premises and nothing contained in this Lease shall be construed as requiring Landlord to make any contribution to the costs incurred by Tenant to prepare the Retail Premises for 2.1 Tenant's occupancy thereof. Tenant hereby covenants and agrees that Tenant will, at Tenant's own cost and expense, and in a good professional and workmanlike manner, shall make and complete the work and installations in and to the Office Premises demised premises set forth belowbelow in such manner so that the demised premises will be executive, general and administrative offices appropriate for a first class office building in Westchester County, New York. Tenant, at Tenant's expense, shall prepare cause to be prepared a final preliminary plan or final set of plans and specifications (which said final plan or final set of plans, as the case may be, and specifications are herein hereinafter called the "final plan") which shall contain complete information and dimensions necessary for relating to the construction and finishing of the Office Premises demised premises and for the engineering in connection therewiththerewith and any effect on building systems. The final plan shall be submitted by Tenant to Landlord for Landlord's written approval, which approval shall not unreasonably withheld or delayed and shall be governed by based solely upon (i) the provisions effect of Article 11 hereof"Tenant's Work", including without limitationas defined below, upon the time periods A/B Building engineering specifications and systems, (ii) potential for responding to interference with the rights of other tenants, (iii) compliance of the plan with Legal Requirements (but Landlord's approval of the plan shall in no way be deemed a representation that such final plansplans comply with Legal Requirements and (iv) the effect of Tenant's Work (as hereinafter defined) on the structure of the A/B Building (i.e., Tenant's Work must not be structural in nature). If Landlord shall disapprove the final plan, Landlord shall set forth its reasons for such disapproval and itemize those portions of the final plan so disapproved. In the event that, following the approval by Landlord of shall review and respond to Tenant's final plan, Tenant shall modify the final plan, then if such modification is of such scope that it would, standing alone constitute a Material Alteration, then such modification shall be subject to Landlord's written approval, which approval shall be governed by the provisions of Article 11 hereof. If such modification is of such scope that it would, standing alone, constitute a Non-Material Alteration, then such modification shall not require Landlord's approval, provided however, the plan plans within seven (herein called "Modified Plan") reflecting such modifications to the final plan must be submitted to Landlord at least three (3) Business Days prior to the performance of the work shown on the Modified Plan. In the event Tenant disputes Landlord's disapproval of all or any portion of the final plan. Tenant shall notify Landlord of such dispute in writing not later than fifteen (157) days after of its receipt of Landlord's notice a set of disapproval. Any detailed plans and specifications and such dispute which is not resolved within ten other information as Landlord or its agents shall reasonably (10and promptly) days after receipt of such notice shall be resolved by Expedited Arbitrationrequest. In the event that Landlord wrongfully withholds its approval of all or any portion of the final planfails to reject such plans within said seven (7) day period, thengiving explicit reasons for such rejection, if Tenant is actually delayed in occupying the Office Premises for the conduct of its business or using the Retail Premises for the purposes permitted hereunder (including subleasing to a user or use by a subtenant) as a result of such wrongful 136 disapproval, such wrongful disapproval Tenant's Plans shall be deemed a Landlord Delay within the meaning of Section 2.01(f) hereofapproved. In accordance with the final planevent that Landlord timely refuses to consent to such plans as set forth above, Tenant shall resubmit the changed plans and Landlord will then have five (5) days from its receipt of the changed plans and specifications to approve or reject such plans, using the criteria set forth above. In the event that Landlord fails to reject such plans within said five (5) day period, giving explicit reasons for such rejection, Tenant's Plans shall be deemed approved. If Landlord still rejects such plans, at Tenantthe same procedure shall be used until Landlord's expense, will make and complete consent is obtained. Landlord shall not be deemed unreasonable in and withholding its consent to the Office Premises extent that the plan prepared by Tenant pursuant hereto involves the performance 8 of work and installations (herein called "Tenant's Work") specified or the installation in the final plan. Tenant agrees that Tenant's Work will be performed in accordance with demised premises of materials or equipment which do not equal or exceed the all standard of quality adopted by Landlord for the terms, covenants and provisions of Article 11 hereof and the Construction/Alteration Rules annexed as Exhibit E hereto. Tenant agrees that Tenant will use reasonable efforts in performing Tenant's Work so as to minimize disturbance to the structural and mechanical parts of the Building and Tenant will, at its own cost and expense, leave all structural and mechanical parts of the Building which shall or may be affected by Tenant's Work in good and workmanlike operating condition upon completion of Tenant's Work. Subject to the provisions of Section 18.03 hereof, Tenant hereby covenants and agrees to indemnify and save harmless Landlord of and from all claims, counsel fees, loss, damage and expenses whatsoever by reason of any injury or damage, howsoever caused, to any person or property occurring prior to the completion of Tenant's Work or occurring after such completion, as a result of anything done or omitted in connection therewith or arising out of any fine, penalty or imposition or out of any other matter or thing connected with any work done or to be done or materials furnished or to be furnished in connection with Tenant's Work. At any and all times during the progress of Tenant's Work, Landlord at Landlord's sole cost shall be entitled to have a representative or representatives on the site to inspect Tenant's Work and such representative or representatives shall have free and unrestricted access to any and every part of the Office Premises provided, however, (i) that any such representative shall use reasonable efforts to minimize any interference with the performance of Tenant's Work and (ii) under no circumstances shall it be deemed or construed that Landlord shall have incurred any liabilities, obligations or responsibilities to Tenant or any third party by reason of the access, inspections or review of Tenant's plans provided in this Section 38.01, subject, however, to the provisions of Section 2.01(f) hereof. Landlord hereby approves Xxxxxx Construction and Xxxxxx XxXxxxxx as contractors for Tenant's WorkBuilding.

Layout and Finish. 38.01. The provisions of this Article 38 shall apply with respect only to the Office Premises and nothing contained in this Lease shall be construed as requiring Landlord to make any contribution to the costs incurred by Tenant to prepare the Retail Premises for Tenant's occupancy thereof45.01. Tenant hereby covenants and agrees that Tenant will, at Tenant's own cost and expense, and in a good and workmanlike manner, make and complete the work and installations in and to the Office Premises demised promises set forth belowbelow in a good and workerlike manner to the extent customary and standard with the real estate industry for first class office buildings in midtown Manhattan comparable to the Building. Tenant, at Tenant's expense, shall prepare a final plan or final set of plans and specifications (which said final plan or final set of plans, as the case may be, and specifications are herein hereinafter called the "final plan") which shall contain complete information and dimensions necessary for the construction and finishing of the Office Premises demised premises and for the engineering in connection therewith. The final plan shall be submitted by Tenant to Landlord on or before Juno 30, 1993 for Landlord's written approval, approval which written approval shall not be governed unreasonably withhold or delayed. Tenant shall promptly reimburse Landlord upon demand for any reasonable out-of-pocket costs And expenses incurred by the provisions Landlord or independent third parties in connection with Landlord's review of Article 11 hereofTenant's final plan. Landlord shall incur no liability, including without limitation, the time periods for responding obligations or responsibility to Tenant or any third party by reason of such final plansreview. If Landlord shall disapprove the the, final plan, Landlord shall set forth its reasons for such disapproval and itemize those portions of the final plan so disapproved. In Landlord shall not be doomed unreasonable in withholding its consent to the event thatextent that the, following final plan prepared by Tenant pursuant hereto involves the approval by performance, of work or the installation in the demised promises of materials or equipment which do not equal or exceed Building Standard quality. If Tenant in its submission to Landlord of Tenant's its final plan, Tenant shall modify the final plan, then if such modification is of such scope that it would, standing alone constitute a Material Alteration, then such modification shall be subject to Landlord's written approval, which approval shall be governed by the provisions of Article 11 hereof. If such modification is of such scope that it would, standing alone, constitute a Non-Material Alteration, then such modification shall not require Landlord's approval, provided however, the plan (herein called "Modified Plan") reflecting such modifications plans make specific reference to the final plan must be submitted to Landlord at least three (3) Business Days prior to following time limitation and the performance of the work shown on the Modified Plan. In the event Tenant disputes Landlord's disapproval of all or any portion of the final plan. Tenant shall notify Landlord of such dispute in writing not later than fifteen (15) days after receipt consequences of Landlord's notice of disapproval. Any such dispute which is not resolved within ten (10) days after receipt of such notice shall be resolved by Expedited Arbitration. In the event that Landlord wrongfully withholds its approval of all or any portion of the final planfailure to respond, then, if Tenant is actually delayed in occupying Landlord's failure to respond to Tenant's submission within two, (2) weeks after the Office Premises for later of (i) its receipt thereof or (ii) the conduct of its business or using the Retail Premises for the purposes permitted hereunder (including subleasing date that Landlord executes this Lease and delivers copies thereof to a user or use by a subtenant) as a result of such wrongful 136 disapprovalTenant, such wrongful disapproval shall be deemed a Landlord Delay within the meaning of Section 2.01(f) hereofapproval. In accordance with the final plan, Tenant, at Tenant's expense, will make and complete in and to the Office Premises demised premises (hereinafter Sometimes called the "'Work Area") the work and installations (herein hereinafter called "Tenant's Work") specified in the final plan. Tenant shall perform Tenant's Work in accordance with such rules and regulations as Landlord may from time to time designed governing the performance. of tenant improvement work in the Building. Tenant agrees that Tenant's Work will be be, performed in accordance with the all of the termsthe, covenants and provisions of Article 11 hereof and the Construction/Alteration Rules annexed as Exhibit E hereto. Tenant agrees that Tenant will use reasonable efforts in performing Tenant's Work so as to minimize least possible disturbance to other occupants of the, Building and the structural and mechanical parts of the Building and Tenant will, at its own cost and expenseexpense leave, leave all structural and mechanical parts of the Building which shall or may be affected by Tenant's Work in good and workmanlike operating condition upon completion condition. Tenant, in performing Tenant's Work will, at its own cost and expense, promptly comply with all laws, rules and regulations of all public authorities having jurisdiction in the Building with reference, to Tenant's Work. Subject Tenant shall not do or fail to do- any act which shall or may render the Building of which the demised premises are a part, liable to any mechanic's lien or other lien and if any such lien or liens be filed against the Building of which the demised premises are a part, or against Tenant's Work, or any part thereof, Tenant will, at Tenant's own cost and expense, promptly remove, the same of record within thirty (30) days after the filing of such lion or lions; or in -default thereof, Landlord may cause any such lien or liens to be removed of record by payment of bond or otherwise, an Landlord may elect, and Tenant will reimburse Landlord for all costs and expenses incidental to the provisions removal of Section 18.03 hereofany such lien or liens incurred by Landlord. Tenant shall indemnify and save harmless Landlord of and from all claims, counsel fees, loss, damage and expenses whatsoever by reason of any lions, charges or payments of any kind whatsoever that may be incurred or become chargeable against Landlord or the Building of which the demised promises are a part, or Tenant's Work or any part thereof, by reason of any work done or to be, done or materials furnished or to bo furnished to or upon the demised premises in connection with Tenant's Work. Tenant hereby covenants and agrees to indemnify and save harmless Landlord of and from all claims, counsel fees, losslose, damage and expenses whatsoever by reason of any injury or damage, howsoever caused, to any person or property occurring prior to the completion of Tenant's Work or occurring after such completion, as a result of anything done done, or omitted in connection therewith or arising out of any fine, penalty or imposition or out of any other matter or thing connected with any work done or to be done or materials furnished or to be furnished in connection with Tenant's Work. At any and all times during the progress of Tenant's Work, Landlord Landlord, at Landlord's sole cost and expense, shall be entitled to have a representative or representatives on the site to inspect Tenant's Work and such representative or representatives shall have free and unrestricted access to any and every part of the Office Premises demised premises; provided, however, (i) that any such representative shall use reasonable efforts efforts, to the extent reasonably practicable, to minimize any interference with the performance of Tenant's Work and (ii) under no circumstances Work. Tenant shall it be deemed or construed that advise Landlord shall have incurred any liabilities, obligations or responsibilities to Tenant or any third party by reason of the access, inspections or review in. writing of Tenant's plans provided general contractor and subcontractors who are to do Tenant's Work, and such general contractor and subcontractors shall be subject to Landlord's prior written approval in this Section 38.01, subject, howeveradvance; such contractors shall, to the provisions of Section 2.01(f) hereof. Landlord hereby approves Xxxxxx Construction and Xxxxxx XxXxxxxx as contractors extent permitted by law, use employees for Tenant's Work who will work harmoniously with other employees on the job. Annexed hereto as Schedule D is a list of general contractors and subcontractors which have been approved by Landlord for the performance of Tenant's Work. Tenant shall at Tenant's sole cost and expense file all necessary architectural plans and obtain all necessary approvals and permits in connection with Tenant's Work being performed by it pursuant to this Article 45.