of the Original Lease. Tenant shall notify Landlord in writing ten (10) business days prior to any cancellation or material adverse change to the Self-Insurance Plan. If Tenant self-insures for commercial general liability insurance (“CGLI”) under this Section 9.1(d) and any third party claim arises against Landlord which Landlord would be customarily defended as an additional insured party had Tenant procured the CGLI coverage under the provisions of Section 9.1 of the Original Lease rather than self-insured, and Landlord reasonably determines that a conflict of interest exists, then Tenant shall engage separate counsel reasonably selected by Tenant for Landlord’s defense at Tenant’s expense, and Tenant shall pay, as incurred from time to time, such reasonable attorneys’ fees and expenses (including, without limitation, expert witness fees) relating to Landlord’s defense. If Tenant fails to comply with any requirement of this Section 9.1(d), and such failure continues for more than 20 business days following Landlord’s written notice to Tenant thereof; Landlord, in addition to any other remedy available pursuant to the Lease, the Assignment or otherwise, may, but shall not be obligated to, obtain the applicable insurance required under Section 9.1 of the Original Lease, and Tenant shall pay to Landlord immediately on demand the premium cost thereof. Notwithstanding the foregoing, Tenant acknowledges and agrees that (A) the provisions of this Section 9.1(d) shall in no way relieve, limit or reduce Tenant’s indemnification obligations under this Lease (and Tenant shall remain obligated under such indemnification obligations as if the CGLI required under Section 9.1 was obtained from a third-party provider meeting the requirements of such Section 9.1) or Tenant’s legal obligations under any law, and (B) Tenant’s right to provide self-insurance under this Section 9.1(d) shall terminate if Tenant fails to maintain the Minimum Self-Insurance Net Worth.
of the Original Lease. The opinions described above in clauses (o)-(s) and (w) shall be dated the Closing Date and references therein corresponding to references in prior opinions to the "Indenture", the "Participation Agreement", or the "Lease" shall be to such documents as amended by the First Amendment to Trust Indenture, the First Amendment to Participation Agreement, and the First Amendment to Lease Agreement, respectively. Promptly upon the recording with the FAA of the First Amendment to Trust Indenture and the First Amendment to Lease Agreement, Lessee will cause Daugxxxxx, Xxwlxx & Xerexxxx, xxecial counsel in Oklahoma City, Oklahoma, to deliver to the parties hereto an opinion as to the due recording thereof and the lack of filing of any intervening documents with respect to the Aircraft (other than the Original Indenture and the Original Lease). Each of the parties hereto agrees to instruct its counsel to prepare and deliver the respective opinions described above in clauses (o)-(s) and to address each such opinion to the Underwriters in addition to the respective addressees set forth above (and, to the extent such opinions do not restate or confirm the opinions rendered on the Delivery Date, such counsel shall authorize the Underwriters to rely on opinions rendered on the Delivery Date).
of the Original Lease. Tenant's insurance shall include Tenant's Contractors and Tenant shall require Tenant's Contractors to secure, pay for and maintain during the continuance of the construction within the Building or the Premises, insurance of the types and amounts set forth in Article 17 of the Original Lease.
of the Original Lease. To the extent that the total amount held by Landlord at any time as security for the Lease, as hereby amended, is less than $287,831.12, Tenant shall pay the difference to Landlord within ten (10) business days following Tenant's receipt of notice thereof from Landlord.
of the Original Lease. After receiving a fully executed copy of this First Amendment, Tenant shall pay to Landlord $248,266,08. Landlord hereby acknowledges and agrees that after receiving such payment, Tenant shall have paid all necessary amounts for Real Estate Taxes due through September 30, 2018. Tenant acknowledges that as of the Effective Date, Landlord has delivered to Tenant a statement (the “2018 Tax Statement”) showing Landlord’s Tax Expenses Allocable to the Premises reasonably estimated by Landlord (the “2018 Tax Expenses”) for the period commencing on the Tax Adjustment Date and expiring on December 31, 2018 (the “2018 Tax Expenses Period”). Notwithstanding anything to the contrary contained herein or in the Lease, after Landlord’s Tax Expenses Allocable to the Premises are determinable for the 2018 Tax Year, Landlord shall render Tenant a statement in reasonable detail showing for the 2018 Tax Year, real estate taxes allocated to the Office Area, abatements and refunds, if any, of any such taxes and assessments, expenditures incurred in seeking such abatement or refund, the amount of Landlord’s Tax Expenses Allocable to the Premises, the amount thereof already paid by Tenant and the amount thereof overpaid by, or remaining due from, Tenant for the 2018 Tax Year. Within thirty (30) days after the receipt of such statement, Tenant shall pay any sum remaining due for the 2018 Tax Year. Any balance shown as due to Tenant for the 2018 Tax Year shall be credited against Annual Fixed Rent next due. Commencing on the Effective Date, and thereafter for the Remaining Lease Term, payments by Tenant on account of Landlord’s Tax Expenses Allocable to the Premises, including the 2018 Tax Expenses, shall be made monthly at the time and in the fashion provided in the Lease for the payment of Annual Fixed Rent. Commencing on January 1, 2019, with respect to any full Tax Year or fraction of a Tax Year falling within the Remaining Lease Term, the amount so to be paid to Landlord shall be an amount from time to time reasonably estimated by Landlord to be sufficient to provide Landlord, in the aggregate, a sum equal to Landlord’s Tax Expenses Allocable to the Premises, ten (10) days at least before the day on which tax payments by Landlord would become delinquent. Commencing on January 1, 2019, with respect to any full Tax Year or fraction of a Tax Year falling within the Remaining Lease Term, after Landlord’s Tax Expenses Allocable to the Premises are determinable for each Tax Year or...
of the Original Lease. The contractor for the Premises Improvements shall be selected by Tenant, subject to Landlord’s approval, which approval shall not be unreasonably withheld, conditioned or delayed. Prior to the commencement of the Premises Improvements, Tenant shall deliver to Landlord a copy of any contract with Tenant’s contractors, and certificates of insurance from any contractor performing any part of the Premises Improvements evidencing industry standard commercial general liability, automotive liability, “builder’s risk”, and workers’ compensation insurance. Tenant shall cause the general contractor to provide a certificate of insurance naming Landlord, Alexandria Real Estate Equities, Inc., ARE-Seattle No. 38 Holding, LLC, and Landlord’s lender (if any) as additional insureds for the general contractor’s liability coverages required above. During the course of design and construction of the Premises Improvements, Landlord shall disburse payments of the Improvement Allowance to Tenant once a month against a draw request on Landlord's standard form, containing evidence of payment of such work performed and such certifications, lien waivers (including a conditional lien release for each progress payment and unconditional lien releases for the prior month's progress payments), inspection reports and other matters as Landlord customarily obtains, to the extent of Landlord's approval thereof for payment, no later than 30 days following receipt of such draw request. Upon completion of the Premises Improvements (and prior to any final disbursement of the Improvement Allowance), Tenant shall deliver to Landlord the following items: (i) sworn statements setting forth the names of all contractors and subcontractors who did work and final, unconditional lien waivers from all such contractors and subcontractors, (ii) “as-built” plans for the Premises Improvements and (iii) a certification of substantial completion in Form AIA G704. Notwithstanding the foregoing, if the cost of the Premises Improvements exceeds the Improvement Allowance, Tenant shall be required to pay such excess in full prior to Landlord having any obligation to fund any remaining portion of the Improvement Allowance. The Improvement Allowance shall only be available for use by Tenant for the construction of the Premises Improvements commencing on the date of this Eleventh Amendment through the date occurring twelve (12) months after the date of this Eleventh Amendment (the “Outside Improvement Allowance Date”...
of the Original Lease. For purposes of confirmation herein, Tenant shall have the right to install a total of three (3) exterior signs on the façade of the Building subject to all terms and conditions of Section 17.4 of the Original Lease.
of the Original Lease. For the sake of clarity, Landlord and Tenant hereby acknowledge and agree that from and after the Substitute Premises Commencement Date, (x) Landlord shall repair and maintain the Base Building HVAC equipment located in Building A, Building B and Building D, pursuant to Article 7 of the Original Lease, and (y) Tenant shall repair and maintain the Base Building HVAC equipment located in Building F pursuant to Section 6.2.2 of the Original Lease.
of the Original Lease. If Tenant shall request that Landlord provide perimeter heating service to the 54th Floor Premises (if Tenant leases such floor), the 55th Floor Premises (if Tenant leases such floor) and the 64th Floor Premises through the Building’s
of the Original Lease. If the Commencement Date occurs prior to December 1, 2017, then Tenant shall be obligated to pay an amount equal to the monthly installment of Annual Rent at the $22.00 Annual Rent rate described above, prorated on a daily basis in accordance with the procedure set forth in Section 4.05.
