Lessor's Improvements. (a) Xxxxxx agrees to complete at no cost to Lessee the improvements ("Lessor's Improvements") to be described in the Plans to be developed pursuant to Paragraph 37(b) and to provide Substantial Completion of the Premises (as described in Paragraph 36(c) below) on or before November 23, 1999, time being of the essence. All of the improvements to be completed by Lessor including but not limited to the restrooms, shall meet current ADA code and all other applicable codes, laws and regulations. Lessor represents that the Building of which the Premises is a part is handicap accessible. All of the Lessor's Improvements shall come with a one (1) year warranty from Substantial Completion to cover nonconformity with the plans approved by Lessee and faulty design. In addition, the air conditioning compressor(s) serving the Premises shall carry a five (5) year warranty and the roofs of the three Buildings in the Complex shall carry ten (10) year warranties. Lessor shall be responsible for making any warranty repairs described above. In addition should any latent defects be discovered after the warranty period, Lessor shall utilize its good faith efforts to pursue all of its rights against the architect and/or contractor available under applicable laws to cause the required remedial work to be performed at no cost to Lessee. Lessor and Xxxxxx agree to walk-thru the Premises during the eleventh month following the commencement of this Lease to identify any repairs which may need to be made pursuant to the warranties described above. (b) Lessee, subject to governmental codes and regulations, shall be permitted to enter and have prior access to the Premises along with its agents, contractors, architects, etc. prior to Substantial Completion. Such right of access shall include access to and use of the loading dock, parking lot, electrical systems, air conditioning, and related facilities, etc. for construction, supervision and equipment installation (including but not limited to Lessee's computer equipment, telephones and business systems, including, without limitation, all cabling and any wiring associated therewith) and shall not incur any rent or additional rent liability during this time. Lessor and Xxxxxx shall use best efforts to avoid interfering with each other's contractors and construction/installation efforts.
Appears in 1 contract
Lessor's Improvements. Lessor shall, at Lessee's sole cost and expense, pave or rock parking improvements on the Leased Premises for at least two hundred fifty (a250) Xxxxxx agrees to complete at no cost to Lessee the improvements (parking stalls, as shown on Exhibit "Lessor's Improvements") to be described in the Plans to be developed pursuant to Paragraph 37(b) A" attached hereto and to provide Substantial Completion of the Premises (as described in Paragraph 36(c) below) on or before November 23incorporated herein by this reference, 1999, time being of the essence. All of the improvements to be completed by Lessor including but not limited to the restrooms, shall meet current ADA code and all other applicable codes, laws and regulations. Lessor represents that the Building of which the Premises is a part is handicap accessible. All of the Lessor's Improvements shall come with a install one (1) year warranty from Substantial Completion to cover nonconformity with overhead door and an on-grade ramp on the Leased Premises (collectively, the "Improvements"). All plans and specifications and bids for the Improvements shall be approved by Lessor and Lessee. Construction of the Improvements shall be commenced as soon as practicable after the Commencement Date and Lessor shall cause construction to be completed as soon as possible. The cost of construction of the Improvements (the "Principal Amount") shall be paid for by Lessee over the term of this Lease with interest thereon at a fixed rate equal to nine percent (9%) per annum ("Interest"), payable in equal monthly installments of the Principal Amount and faulty designInterest beginning on the Commencement Date and continuing on the first day of each succeeding month thereafter until the Principal Amount is paid in full. In additionthe event that Lessee exercises its right to terminate this Lease pursuant to Section 1(e) hereof, the air conditioning compressor(s) serving Principal Amount then remaining unpaid, together with all accrued and unpaid Interest thereon, shall immediately become due and payable on the Premises Early Termination Date. Lessee shall carry a five (5) year warranty and the roofs make all payments of the three Buildings Principal Amount and Interest to Lessor at Lessor's address set forth in the Complex shall carry Section 16 hereof or at such other address as Lessor may from time to time request in writing. All such payments will be delinquent if not paid within ten (10) year warranties. days following receipt of written notice from Lessor shall be responsible for making any warranty repairs described above. In addition should any latent defects be discovered after the warranty period, Lessor shall utilize its good faith efforts to pursue all of its rights against the architect and/or contractor available under applicable laws to cause the required remedial work to be performed at no cost to Lessee. Lessor and Xxxxxx agree to walk-thru the Premises during the eleventh month following the commencement of this Lease to identify any repairs which may need to be made pursuant to the warranties described above.
(b) Lessee, subject to governmental codes and regulations, shall be permitted to enter and have prior access to the Premises along with its agents, contractors, architects, etc. prior to Substantial Completion. Such right of access shall include access to and use of the loading dock, parking lot, electrical systems, air conditioning, and related facilities, etc. for construction, supervision and equipment installation (including but not limited failure to Lessee's computer equipment, telephones and business systems, including, without limitation, all cabling and any wiring associated therewith) and shall not incur any rent or additional rent liability during this time. Lessor and Xxxxxx shall use best efforts to avoid interfering with each other's contractors and construction/installation effortsmake such payment on the first day of the month.
Appears in 1 contract
Samples: Lease Agreement (Centurion Wireless Technologies Inc)
Lessor's Improvements. (a) Xxxxxx agrees to complete at no cost to Lessee the improvements ("Lessor's Improvements") to be described in the Plans to be developed pursuant to Paragraph 37(b) and to provide Substantial Completion of the Premises (as described in Paragraph 36(c) below) on or before November 23, 1999, time being of the essence. All of the improvements to be completed by Lessor including but not limited to the restrooms, shall meet current ADA code and all other applicable codes, laws and regulations. Lessor represents that the Building of which the Premises is a part is handicap accessible. All of the Lessor's Improvements shall come with a one (1) year warranty from Substantial Completion to cover nonconformity with the plans approved by Lessee and faulty design. In addition, the air conditioning compressor(s) serving the Premises shall carry a five (5) year warranty and the roofs of the three Buildings in the Complex shall carry ten (10) year warranties. Lessor shall be responsible for making any warranty repairs described above. In addition should any latent defects be discovered after the warranty period, Lessor shall utilize its good faith efforts to pursue all of its rights against the architect and/or contractor available under applicable laws to cause the required remedial work to be performed at no cost to Lessee. Lessor and Xxxxxx agree to walk-thru the Premises during the eleventh month following the commencement of this Lease to identify any repairs which may need to be made pursuant to the warranties described above.
(b) Lessee, subject to governmental codes and regulations, shall be permitted to enter and have prior access to the Premises along with its agents, contractors, architects, etc. prior to Substantial Completion. Such right of access shall include access to and use of the loading dock, parking lot, electrical systems, air conditioning, and related facilities, etc. for construction, supervision and equipment installation (including but not limited to LesseeXxxxxx's computer equipment, telephones and business systems, including, without limitation, all cabling and any wiring associated therewith) and shall not incur any rent or additional rent liability during this time. Lessor and Xxxxxx shall use best efforts to avoid interfering with each other's contractors and construction/installation efforts.
Appears in 1 contract
Lessor's Improvements. 2.1 LESSOR, at LESSOR's own cost and expense, shall perform all work, provide all labor, furnish all new materials, and obtain all certificates and permits necessary to construct an industrial building with an area of 185,907 square feet on the Real Estate (a) Xxxxxx agrees to complete at no cost to Lessee the improvements (hereinafter "LessorLESSOR's Improvements") in accordance with the preliminary drawings, specifications, schedule of work, construction terms and soils report prepared by Dames & Xxxxx dated June 19, 1997 and amended in letters dated July 28, 1997 and July 31, 1997 (collectively the "Drawings and Specifications") set forth by the parties and attached hereto as exhibit "B". For purposes hereof, both the Real Estate and the LESSOR's Improvements shall hereinafter be referred to as (the "Leased Premises"). The parties agree that within a term of 30 days as of the date hereof, a final set of drawings and specifications shall be submitted by LESSOR to LESSEE for final approval and to be described in the Plans to be developed pursuant to Paragraph 37(b) and ultimately attached as part of Exhibit "B" hereto. LESSOR agrees to provide Substantial Completion LESSEE within 90 (ninety) days of the Premises (as described in Paragraph 36(c) below) on or before November 23execution of this Lease, 1999, time being a certified copy of the essenceauthorized subdivision referred to in recital I-a) above.
2.2 By approval of the Drawings and Specifications, LESSEE shall not be liable for the technical compliance of any of the terms and specifications set forth in exhibit "B" hereto. All The approval by LESSEE is for general arrangement only, unless otherwise noted, and does not relieve LESSOR of full responsibility for the proper and correct design, construction and erection of the improvements as required.
2.3 LESSOR will perform all constructions with respect to be completed LESSOR's Improvements in accordance with all laws, ordinances, regulations, and orders of governmental authorities, and Park Regulations which are attached hereto as Exhibit "C". The term "LESSEE's Improvements" shall refer to those improvements identified in Section 4 below. LESSOR shall indemnify and hold harmless LESSEE from any and all claims, mechanic's and materialmen's liens, assessments by Lessor government authorities, including but not limited no limited, to the restroomsSocial Security Institute, shall meet current ADA code Workers Housing Institute and all other applicable codesTax Authorities, laws as well as from damages and regulations. Lessor represents that the Building costs resulting from or arising out of which the Premises is a part is handicap accessible. All LESSOR's obligations for construction of the LessorLESSOR's Improvements shall come with a one (1) year warranty from Substantial Completion upon the Real Estate required hereunder, in accordance to cover nonconformity with the plans approved by Lessee applicable laws, ordinances, regulations and faulty design. In addition, the air conditioning compressor(s) serving the Premises shall carry a five (5) year warranty and the roofs orders of the three Buildings in the Complex shall carry ten (10) year warranties. Lessor shall be responsible for making any warranty repairs described above. In addition should any latent defects be discovered after the warranty period, Lessor shall utilize its good faith efforts to pursue all of its rights against the architect and/or contractor available under applicable laws to cause the required remedial work to be performed at no cost to Lessee. Lessor and Xxxxxx agree to walk-thru the Premises during the eleventh month following the commencement of this Lease to identify any repairs which may need to be made pursuant to the warranties described abovegovernmental authorities.
(b) Lessee, subject to governmental codes and regulations, shall be permitted to enter and have prior access to the Premises along with its agents, contractors, architects, etc. prior to Substantial Completion. Such right of access shall include access to and use of the loading dock, parking lot, electrical systems, air conditioning, and related facilities, etc. for construction, supervision and equipment installation (including but not limited to Lessee's computer equipment, telephones and business systems, including, without limitation, all cabling and any wiring associated therewith) and shall not incur any rent or additional rent liability during this time. Lessor and Xxxxxx shall use best efforts to avoid interfering with each other's contractors and construction/installation efforts.
Appears in 1 contract
Samples: Lease Agreement (Coastcast Corp)