Common use of LESSEE FIT OUT WORKS Clause in Contracts

LESSEE FIT OUT WORKS. 8.1 Upon obtaining all necessary consents from the Relevant Authority and the Lessor, the Lessee shall commence, carry out and complete the Lessee Fit Out Works with all due speed and in a good and workmanlike manner and to sound and accepted architectural and engineering standards and in accordance with the requirements of the Relevant Authority. 8.2 The Lessee shall in respect of the Lessee Fit Out Works: a) comply with all obligations, restrictions and requirements imposed by or arising in consequence of all statutes, regulations, bylaws, district plans and district rules in force for the time being affecting the carrying out and completion of the Lessee Fit Out Works; b) obtain at its cost all relevant permits, consents and approvals required in accordance with the Xxxxxxxx Xxx 0000, the Resource Management Xxx 0000 or any other relevant statute to enable the Lessee Fit Out Works to be lawfully commenced and carried out (including any consents necessary for any variations); c) arrange for all required inspections by the Relevant Authority to be carried out at all times in accordance with applicable bylaws or the building code (as may be applicable in the circumstances); d) comply with the requirements of the Relevant Authority and (if applicable) other authorities having jurisdiction; e) forthwith comply with any notices (including any rectification notices) issued by the Lessor and/or any Relevant Authority including the carrying out of any rectification work; f) obtain a Code Compliance Certificate or a certificate of public use (as appropriate) for the Lessee Fit Out Works (if applicable); g) ensure that all works are to be in accordance with Standards New Zealand codes; and 8.3 The Lessee will at its own expense and as soon as reasonably possible, in respect of the Lessee Fit Out Works, rectify any: 1. defective materials used in the construction; 2. substandard workmanship; 3. failure to comply with local authority requirements; and 4. inherent defects in the design or construction. 8.4 The Lessee is liable for and indemnifies and agrees to keep the Lessor indemnified against all action, claims, demands, liabilities, losses, damages, costs and expenses of whatever nature that the Lessor may suffer, incur or sustain in connection with or arising out of the damage or loss in connection with the Lessee Fit Out Works, except to the extent caused by the Lessor or the Lessor’s employees, agents or contractors. 8.5 The Lessee acknowledges that it is of critical importance that the Lessee Fit Out Works are completed no later than the Commencement Date. If the Lessee has not achieved Practical Completion of the Lessees Fit Out Works within one (1) month after the Commencement Date (“Target Completion Date”), the Lessor shall be entitled to do one of the following at its sole discretion: i) complete the Lessee Fit Out Works themselves and be reimbursed by the Lessee for any reasonable costs incurred, OR ii) cancel this Agreement by giving twenty (20) Working Days’ written notice to the Lessee, unless the Lessee was prevented from completing the Lessee Fit Out Works by the Target Commencement Date because of delays caused by the Lessor that has a material and adverse effect on the completion of the Lessee Fit Out Works by the Target Completion Date. No party shall make any claim or have any recourse against the party in respect of this Agreement or any other matter howsoever arising if this Agreement is cancelled under this clause 9.5.

LESSEE FIT OUT WORKS. 8.1 9.1 Upon obtaining all necessary consents from the Relevant Authority and the Lessorprior written approval of the Lessor under clause 13.1.3 below, the Lessee shall commence, carry out and complete the Lessee Fit Out Works with all due speed and in a good and workmanlike manner and to sound and accepted architectural and engineering standards and in accordance with the requirements of the Relevant Authority. 8.2 9.2 The Lessee shall in respect of the Lessee Fit Out Works: a) comply with all obligations, restrictions and requirements imposed by or arising in consequence of all statutes, regulations, bylaws, district unitary plans and district rules in force for the time being affecting the carrying out and completion of the Lessee Fit Out Works; b) obtain at its cost all relevant permits, consents and approvals required in accordance with the Xxxxxxxx Xxx 0000Building Act 2004, the Resource Management Xxx 0000 Act 1991 or any other relevant statute to enable the Lessee Fit Out Works to be lawfully commenced and carried out (including any consents necessary for any variations); c) arrange for all required inspections by the Relevant Authority to be carried out at all times in accordance with applicable bylaws or the building code (as may be applicable in the circumstances); d) comply with the requirements of the Relevant Authority and (if applicable) other authorities having jurisdiction; e) forthwith comply with any notices (including any rectification notices) issued by the Lessor and/or any Relevant Authority including the carrying out of any rectification work; f) obtain a Code Compliance Certificate or a certificate of public use (as appropriate) for the Lessee Fit Out Works (if applicable); g) ensure that all works are to be in accordance with Standards New Zealand codes; and 8.3 h) comply with the requirements of XXX Transport Centre Pre-Start Manual for Tenancy Fit-Out (attached as Schedule 3). 9.3 The Lessee will at its own expense and as soon as reasonably possible, in respect of the Lessee Fit Out Works, rectify any: 1. defective materials used in the construction; ; 2. substandard workmanship; ; 3. failure to comply with local authority requirements; and 4. inherent defects in the design or construction. 8.4 9.4 The Lessee is liable for and indemnifies and agrees to keep the Lessor indemnified against all action, claims, demands, liabilities, losses, damages, costs and expenses of whatever nature that the Lessor may suffer, incur or sustain in connection with or arising out of the damage or loss in connection with the Lessee Fit Out Works, except to the extent caused by the Lessor or the Lessor’s employees, agents or contractors. 8.5 9.5 The Lessee acknowledges that it is of critical importance parties acknowledge that the Lessee Fit Out Works are will be completed no later than by a date after the Commencement Date to be agreed between the parties, acting reasonably (“Lessee Fit Out Works Completion Date”). If the Lessee has not achieved Practical Completion of the Lessees Fit Out Works within one (1) month after by the Commencement Date (“Target Lessee Fit Out Works Completion Date”), the Lessor shall be entitled to do one of the following at its sole discretion: i) complete the Lessee Fit Out Works themselves and be reimbursed by the Lessee for any reasonable costs incurred, OR ii) cancel this Agreement by giving twenty (20) Working Days’ written notice to the Lessee, unless the Lessee was prevented from completing the Lessee Fit Out Works by the Target Commencement Lessee Fit Out Works Completion Date because of delays caused by the Lessor Lessor’s Works that has a material and adverse effect on the completion of the Lessee Fit Out Works by the Target Lessee Fit Out Works Completion Date. No party shall make any claim or have any recourse against the party in respect of this Agreement or any other matter howsoever arising if this Agreement is cancelled under this clause 9.5.

LESSEE FIT OUT WORKS. 8.1 9.1 Upon obtaining all necessary consents from the Relevant Authority and the Lessor, the Lessee shall commence, carry out and complete the Lessee Fit Out Works with all due speed and in a good and workmanlike manner and to sound and accepted architectural and engineering standards and in accordance with the requirements of the Relevant Authority. 8.2 9.2 The Lessee shall in respect of the Lessee Fit Out Works: a) comply with all obligations, restrictions and requirements imposed by or arising in consequence of all statutes, regulations, bylaws, district plans and district rules in force for the time being affecting the carrying out and completion of the Lessee Fit Out Works; b) obtain at its cost all relevant permits, consents and approvals required in accordance with the Xxxxxxxx Xxx 0000Building Act 2004, the Resource Management Xxx 0000 Act 1991 or any other relevant statute to enable the Lessee Fit Out Works to be lawfully commenced and carried out (including any consents necessary for any variations); c) arrange for all required inspections by the Relevant Authority to be carried out at all times in accordance with applicable bylaws or the building code (as may be applicable in the circumstances); d) comply with the requirements of the Relevant Authority and (if applicable) other authorities having jurisdiction; e) forthwith comply with any notices (including any rectification notices) issued by the Lessor and/or any Relevant Authority including the carrying out of any rectification work; f) obtain a Code Compliance Certificate or a certificate of public use (as appropriate) for the Lessee Fit Out Works (if applicable); g) ensure that all works are to be in accordance with Standards New Zealand codes; and 8.3 h) comply with the requirements of Britomart Transport Centre Pre-Start Manual for Tenancy Fit-Out (attached as Schedule 4). 9.3 The Lessee will at its own expense and as soon as reasonably possible, in respect of the Lessee Fit Out Works, rectify any: 1. defective materials used in the construction; ; 2. substandard workmanship; ; 3. failure to comply with local authority requirements; and 4. inherent defects in the design or construction. 8.4 9.4 The Lessee is liable for and indemnifies and agrees to keep the Lessor indemnified against all action, claims, demands, liabilities, losses, damages, costs and expenses of whatever nature that the Lessor may suffer, incur or sustain in connection with or arising out of the damage or loss in connection with the Lessee Fit Out Works, except to the extent caused by the Lessor or the Lessor’s employees, agents or contractors. 8.5 9.5 The Lessee acknowledges that it is of critical importance that the Lessee Fit Out Works are completed no later than the Commencement Date. If the Lessee has not achieved Practical Completion of the Lessees Fit Out Works within one (1) month months after the Commencement Date (“Target Completion Date”), the Lessor shall be entitled to do one of the following at its sole discretion: i) complete the Lessee Fit Out Works themselves and be reimbursed by the Lessee for any reasonable costs incurred, OR ii) cancel this Agreement by giving twenty (20) Working Days’ written notice to the Lessee, unless the Lessee was prevented from completing the Lessee Fit Out Works by the Target Commencement Date because of delays caused by the Lessor Lessor’s Works that has a material and adverse effect on the completion of the Lessee Fit Out Works by the Target Completion Date. No party shall make any claim or have any recourse against the party in respect of this Agreement or any other matter howsoever arising if this Agreement is cancelled under this clause 9.5.

LESSEE FIT OUT WORKS. 8.1 9.1 Upon obtaining all necessary consents from the Relevant Authority and the Lessor, the Lessee shall commence, carry out and complete the Lessee Fit Out Works with all due speed and in a good and workmanlike manner and to sound and accepted architectural and engineering standards and in accordance with the requirements of the Relevant Authority. 8.2 9.2 The Lessee shall in respect of the Lessee Fit Out Works: a) comply with all obligations, restrictions and requirements imposed by or arising in consequence of all statutes, regulations, bylaws, district plans and district rules in force for the time being affecting the carrying out and completion of the Lessee Fit Out Works; b) obtain at its cost all relevant permits, consents and approvals required in accordance with the Xxxxxxxx Xxx 0000, the Resource Management Xxx 0000 or any other relevant statute to enable the Lessee Fit Out Works to be lawfully commenced and carried out (including any consents necessary for any variations); c) arrange for all required inspections by the Relevant Authority to be carried out at all times in accordance with applicable bylaws or the building code (as may be applicable in the circumstances); d) comply with the requirements of the Relevant Authority and (if applicable) other authorities having jurisdiction; e) forthwith comply with any notices (including any rectification notices) issued by the Lessor and/or any Relevant Authority including the carrying out of any rectification work; f) obtain a Code Compliance Certificate or a certificate of public use Certificate for Public Use (as appropriate) for the Lessee Fit Out Works (if applicable); g) ensure that all works are to be in accordance with Standards New Zealand codes; and 8.3 h) comply with the requirements of the Manukau Bus Station Tenancy Manual attached as Schedule 3. 9.3 The Lessee will at its own expense and as soon as reasonably possible, in respect of the Lessee Fit Out Works, rectify any: 1. defective materials used in the construction; ; 2. substandard workmanship; ; 3. failure to comply with local authority requirements; and and 4. inherent defects in the design or construction. 8.4 9.4 The Lessee is liable for and indemnifies and agrees to keep the Lessor indemnified against all action, claims, demands, liabilities, losses, damages, costs and expenses of whatever nature that the Lessor may suffer, incur or sustain in connection with or arising out of the damage or loss in connection with the Lessee Fit Out Works, except to the extent caused by the Lessor or the Lessor’s employees, agents or contractors. 8.5 9.5 The Lessee acknowledges that it is of critical importance that the Lessee Fit Out Works are completed no later than the Commencement Date. If the Lessee has not achieved Practical Completion of the Lessees Fit Out Works within one six (16) month weeks after the Commencement Date (“Target Completion Date”), the Lessor shall be entitled to do one of the following at its sole discretion: i) complete the Lessee Fit Out Works themselves and be reimbursed by the Lessee for any reasonable costs incurred, OR ii) cancel this Agreement by giving twenty (20) Working Days’ written notice to the Lessee, unless the Lessee was prevented from completing the Lessee Fit Out Works by the Target Commencement Date because of delays caused by the Lessor Lessor’s Works that has a material and adverse effect on the completion of the Lessee Fit Out Works by the Target Completion Date. No party shall make any claim or have any recourse against the party in respect of this Agreement or any other matter howsoever arising if this Agreement is cancelled under this clause 9.5.