LESSOR'S WORK. Lessee confirms that its current information technology needs are serviced by that certain IT room located on the third floor of the Building (the “Existing IT Room”) servicing both Lessee and the third floor tenant of the Building; the Existing IT Room constitutes a Common Area; and all costs associated with the maintenance, repair and operation of the Existing IT Room now constitute an Operating Expense (hereinafter, “Lessee’s IT Room Payment Obligations”). Lessee shall perform “Lessor’s Work”, which generally comprises the “splitting out” of the information technology portion of the Existing IT Room that currently services the Premises and its relocation to a new room (the “New IT Room”) to be constructed within the Premises. Lessee shall perform Lessor’s Work at Lessor’s sole cost. Lessor’s Work shall be as more particularly described in: (a) that certain Southland Industries Work Authorization Form dated August 5, 2011; (b) that certain proposal dated September 29, 2011 from Vector Resources addressed to Lessee under cover of letter dated October 3, 2011; (c) that certain letter dated July 30, 2011 from LCS Constructors Inc. to Lessee, and (d) online specifications for an OptiPlex Dell computer, all of which Lessee hereby accepts and approves. The New IT Room shall be of a size and in a location as shall be reasonable and practicable. Except for the performance of Lessor’s Work, Lessee shall accept the Premises in their then “as is” physical condition as of the New Effective Date and Lessor shall have no obligation to perform any work or to provide any allowance in lieu thereof (except for the abated Base Rent as set forth above). Lessee shall advise the Lessor of any changes to the expected cost to complete the Lessor’s Work (which is currently estimated at $33,000) and shall obtain approval for any material cost increases over the original cost projections, (all of which shall be borne by Lessor). If approved costs are paid directly by the Lessee, appropriate invoices and evidence of payment shall be submitted to the Lessor and reimbursement shall be paid to Lessee within ten (10) days of receipt by Lessor. If Lessor fails to timely reimburse Lessee and such failure continues for more than twenty (20) days following a second written request from Lessee, Lessee shall have an offset right against Base Rent to the extent of any unpaid reimbursement amounts, provided that in no event shall the rental offset in any month exceed fifty percent (50%) of suc...
LESSOR'S WORK. LESSEE'S DRAWINGS: ---------------------------------
a. Lessor agrees that, prior to the commencement of the Term of this Lease, it will do substantially all of the work in the Premises in accordance with Exhibit C attached hereto and made a part hereof.
b. Lessee will timely supply such drawings and information to Lessor as set forth in Exhibit C. Any delay occasioned by Lessee's failure to timely supply such drawings and information shall not delay the Commencement Date of the Term and Lessee's obligations hereunder, and the same shall commence on the date the Premises would have been delivered to Lessee pursuant to Article 2, but for Lessee's delay.
c. Lease commencement shall occur and the Commencement Date is defined as that date when Lessor has done substantially all of the work to be done by Lessor in accordance with Exhibit C, unless Lessor has been precluded from completing said work as a result of Lessee's acts or omissions including, but not limited to, its failure to comply with Article 27(b) hereof. Occupancy by Lessee or the delivery of a Certificate of Occupancy by Lessor (if required pursuant to local law) shall be prima facie evidence that Lessor has done substantially all of the work.
LESSOR'S WORK. Lessor acknowledges that it has inspected and is fully familiar with the Demised Premises and that it has accepted the Demised Premises in "AS IS" condition. Notwithstanding the aforementioned:
(a) Third Floor Premises -
(i) Prior to the Lease Commencement Date, all of the work in the Third Floor Premises as set forth on the space plan attached hereto as Exhibit "E" (the "Lessor's Work") shall be completed. Lessor's obligation with respect to the build-out of the Third Floor Premises and Lower Lobby Premises including Lessor's Work, shall not exceed the sum of $187,500.00 ("Lessor's Contribution"). Any costs in excess of $187,500.00 shall be paid by Lessee promptly upon submission of invoice(s) thereof. Subject to the foregoing, in the event that the Budget (defined below) for the Third Floor Premises, as approved by the parties, is less than Lessor's Contribution ($187,000.00), Lessee shall be entitled to utilize all or a portion of the remaining balance of Lessor's Contribution (less the costs allocable to the Drawings as set forth below) toward any further improvements and/or decorations to be performed by Lessor to the Lower Lobby premises (in addition to the build-out of such Premises described in Section 26 (b) below), subject to the applicable terms of this Agreement. Notwithstanding anything herein to the contrary, not more than ten (10%) percent of Lessor's Contribution shall be applied towards the preparation of the Drawings (as defined in Paragraph 26(a)(ii) below) or other soft costs incurred by Lessee and any cost and expense in excess thereof shall be paid by Lessee even if the aggregate of Lessor's Contribution shall be less than $187,500.00.
(ii) Lessee shall cause its architects to produce construction drawings and its mechanical engineers or contractor to produce mechanical drawings (sprinkler, air conditioning, heating, electrical and plumbing drawings (collectively, the "Drawings") covering all mechanical elements with respect to the build out of the Demised Premises including Lessor's Work. Lessee shall submit the Drawings within ten (10) business days of the execution of this Lease. Within ten (10) business days of Lessor's receipt of the Drawings, Lessor shall prepare an itemized budget (the "Budget") for the Lessor's Work. Lessee shall approve or disapprove the Budget within ten (10) business days of its receipt. The Drawings shall be subject to Lessor's approval which shall not be unreasonably withheld, delayed or conditioned.
(iii...
LESSOR'S WORK. Lessor agrees that it will perform the following work (the “Lessor’s Work”) in the Premises at Lessor’s expense: Lessor will provide the Premises in broom clean condition, systems in good working order, including, but not limited to the chemical hoods in the Premises, repair all ceiling tiles, polish or replace laboratory floors, replace damaged carpets, scrub clean laboratory benches, repaint walls and key lock the space for the Lessee. Lessor will conduct the following work to the Second Floor Office Area of the Premises: Construct demising wall on second floor as outlined per mutually agreed upon plan attached as Exhibit A; furnish and install electrical outlets and lighting in office area, construct one and a half glass entry doors with locking system for security and install 2 pieces of glass in the wall to create visual connection between reception area and 2 offices across the common hallway. Tenant shall be responsible for the cost difference for any improvements to the second floor office area above the Landlord’s base work.
LESSOR'S WORK. Attached to this Lease as Exhibit "B" is a description of work to be performed by Lessor, at its sole cost and expense (hereinafter, "Lessor's Work"). Such work involves reversing and converting the Pipeline System from its current use to transportation of petroleum products with a minimum capacity of 16,000 barrels per day. Lessor covenants and agrees to perform Lessor's Work as described on Exhibit "B" in a good and workmanlike manner, in accordance with Applicable Laws (hereinafter defined) and industry standards and within 180 days of Lessee's providing Lessor written notice to proceed on Lessor's Work. Lessor may continue to use the Pipeline System until the onset of Lessor's Work prohibits it.
LESSOR'S WORK. Subject to delays for force majeure and reasons beyond its reasonable control, Lessor shall promptly commence and pursue in good faith to completion any Lessor's Work identified in EXHIBIT E attached hereto. All of the costs and expenses incurred by Lessor in performing Lessor's work (except due to the negligence or delay of Lessee or its agents, employees or contractors, or due to change orders requested by Lessee) shall be paid by Lessor. Lessor shall use reasonable efforts to complete Lessor's Work on or before the Anticipated Occupancy Date set forth in the Basic Lease Terms above. Lessee and Lessor acknowledge that Lessee may perform Lessor's Work simultaneously while Lessee is performing Lessee's Work, provided that Lessee's Work does not interfere with or otherwise delay the completion of Lessor's Work. If Lessor is unable to deliver possession of the Premises to Lessee by the Anticipated Occupancy Date, Lessor shall not be liable for any damage, injury or loss arising therefrom, but Lessee shall have the termination rights as set forth in the Basic Lease Terms.
LESSOR'S WORK. LESSEE'S DRAWINGS: Lessor shall deliver, and Lessee shall accept, the Premises in its "AS-IS" condition. All work to be performed by Lessee hereunder shall be performed in accordance with Exhibit C attached hereto and made a part hereof.
LESSOR'S WORK. The Lessor, at its expense shall do the following:
LESSOR'S WORK. 6.1.1 The Leased Premises shall be fully completed in accordance with the specifications described on Appendix 6.1 attached hereto on or prior to the Commencement Date, at Lessor’s sole expense, with the intention to provide the Lessee with a Leased Premises equipped with all base building systems, including HVAC system, electrical, life safety and plumbing systems in good working condition (collectively, the “Lessor’s Work”). Any amendments to the specifications described on Appendix 6.1 shall be agreed to by the Lessor and the Lessee, prior to the Lessor commencing the Lessor’s Work.
6.1.2 The Lessor’s Work shall be performed in a good and workmanlike manner, in compliance with all Applicable Laws and Lessor shall obtain and keep in full force and effect and in good standing, at its own cost, all approvals and permits from authorities having jurisdiction in respect thereof. Any work in addition to any of the items specifically enumerated as Lessor’s Work shall be performed at the own costs and expenses of the Lessee.
6.1.3 The Lessee and the Lessor and their respective professional consultants will tour the Leased Premises thirty (30) days prior to the Commencement Date in order to review whether substantial completion of the Lessor’s Work is on schedule. Within ten (10) days following the inspection, the architect shall identify and list deficiencies in the Lessor’s Work, which list shall be provided to the Lessor and the Lessee (the “Deficiency List”). The Deficiency List shall be accompanied by a letter from the architect certifying that the Lessor has achieved substantial completion of the Lessor’s Work, subject to any deficiencies that are identified in the Deficiency List. Lessor will promptly provide a timeline satisfactory to the Lessee for rectification by the Lessor of all deficiencies identified in the Deficiency List. The Lessor will proceed forthwith to diligently rectify such deficiencies at its sole cost, provided that those minor deficiencies which do not materially interfere with the utilization of the work in question for such purpose (as determined by the Lessee, acting reasonably) may be rectified after the Commencement Date, in which case the Lessor will coordinate with the Lessee in order to correct such deficiencies so as to interfere as little as reasonably possible with Lessee’s use and enjoyment of the Leased Premises.
6.1.4 The Lessor acknowledges that it is critical to the Lessee that the Lessor provides substantial completion...
LESSOR'S WORK in consideration of the extension of the term of the Lease under paragraph 2 above, Lessor shall perform certain work at the Premises as described on Exhibit A attached hereto and made a part hereof (hereinabove and hereinafter referred to as the “Lessor’s Work”). Lessor shall procure all necessary licenses, permits, approvals and authorizations for Lessor’s Work, and shall promptly and diligently construct Lessor’s Work in a good and workmanlike manner. Lessee shall reasonably cooperate with Lessor in the scheduling of contractors and subcontractors to complete Lessor’s Work and will make the Premises available as reasonably required to allow the timely prosecution and completion of Lessor’s Work. Work that may disrupt daily operations or present safety concerns must be performed after 11:00 p.m. Such cooperation will include, without limitation, the coordination of temporary shut down of HVAC and other building systems to be replaced or repaired, restrictions on parking areas to be repaved or repaired, and the relocation of furniture, equipment and other of Tenant’s personal property for interior work within the Premises. Lessor shall use its reasonable efforts to achieve Substantial Completion (as hereinafter defined) of Lessor’s Work on or before June 1,2006 (hereinabove and hereinafter referred to as the “Completion Date”); provided that if Tenant unreasonably interferes with the completion of Lessor’s Work, the Completion Date shall be extended one (1) day for each day of unreasonable interference. Further, if Lessor is delayed, hindered or prevented from the performance of Lessor’s Work by reason of strikes, lock-outs labor troubles, inability or procure materials, failure of power, inadequate power, restrictive governmental laws or regulations, severe weather conditions, disaster, riots, insurrection, war, or other reason of a like nature not the fault of Lessor in performing Lessor’s Work, the Completion Date shall be extended for the period of the delay.
