Owner’s Work. Tenant has inspected the Demised Premises and accepts the same “as is” (subject to the provisions of this Lease) and Owner is required to do no work and furnish no materials for use in the Demised Premises.
Owner’s Work. Prior to the commencement of the term, OWNER, at its expense, shall substantially complete the work set forth on Schedule “A” annexed hereto (collectively, the “OWNER’s Work”), in building standard manner, using building standard materials and finishes. OWNER represents and warrants that OWNER shall perform OWNER’S Work in a good and workmanlike manner and in compliance with all laws, codes and ordinances and all insurance requirements, and perform such OWNER’S Work in accordance with the plans and specifications. As used herein, “substantially complete” shall be deemed to mean a status of completion which complies with Schedule “A” in all material respects, is in compliance with all applicable laws, and does not materially interfere with TENANT’s move-in and use of the demised premises, subject to whatever other work, installations, or improvements TENANT intends to perform with respect to the demised premises. If for any reason the OWNER’s work is not substantially completed by the scheduled commencement of the term, said commencement shall be delayed until said work is substantially completed, and the free rent period shall be adjusted accordingly. In the event OWNER’s work is not substantially complete, subject to punch list items only, by September, 2019 (as the same may be extended by force majeure), TENANT may terminate this Lease upon written notice to Landlord, in which case, this Lease shall be of no further force or effect and Landlord shall promptly return to TENANT all sums previously delivered to OWNER by TENANT.
Owner’s Work. Owner shall be solely responsible for the development and construction of the Venue, the Common Area and the Restaurant Building (the “Improvements”) as well as the installation of all sound equipment, lights, video equipment, furniture, kitchen equipment, bar equipment, stage and related equipment, rigging equipment, art, décor, signage, etc. (“FF&E”), at its sole cost and expense, pursuant to the Schematic attached hereto on Exhibit A and the plans and specifications to be mutually and reasonably agreed upon by Owner and Operator as further set forth on Exhibit B hereto, which plans shall conform to Operator’s production requirements.
Owner’s Work. Owner shall be solely responsible for the design (with Operator’s input and approval), development and construction of the Venue and the Common Area (the “Improvements”) as well as the installation of all sound equipment, lights, video equipment, furniture, kitchen equipment, bar equipment, stage and related equipment, rigging equipment, art, décor, signage, etc. (“FF&E”), at its sole cost and expense, pursuant to the Schematic attached hereto on Exhibit A and the plans and specifications to be mutually and reasonably agreed upon by Owner and Operator.
Owner’s Work. 10.1 All items of work required for the preparation of the site for construction of the Work or otherwise not included in the scope of Work as defined in the Plans and Specifications and Letter of Quotation shall be carried out by the Owner or the Owner’s subcontractor. This shall include but not be limited to such work as the excavation of the Pool site, provision of electrical supply to the filtration unit and any additional equipment and the provision of landscaping of the Pool once the Work is completed.
10.2 Any work undertaken by the Owner or the Owner’s subcontractor shall be carried out in accordance with the timetable provided to the Owner by the Contractor. Such work shall be carried out to a standard as set out in clause 1 above and strictly in accordance with any directions given by the Contractor. Occupation of the site whilst carrying out such Work by the Owner or the Owner’s Subcontractor shall be only temporary.
10.3 In the event that the Owner fails to undertake such work in accordance with the Contractor’s timetable or in accordance with the standard specified herein then the Contractor shall be entitled to rectify such failure, make good any defect, and charge the Owner any extra costs incurred as a result.
10.4 Such additional costs shall be paid by the Owner to the Contractor within five (5) working days of the Owner receiving the Contractor’s invoice for the progress payment. Failure by the Owner to pay the Contractor shall result in the Contractor invoking the terms of clause 5.2 above.
Owner’s Work. A. Tenant acknowledges that Owner has made and makes no representation or warranty of any kind, express or implied, to Tenant with respect to the condition of the Demised Premises, except as otherwise expressly set forth herein. Tenant represents and warrants that it has inspected or is otherwise fully familiar with the condition of the Demised Premises, agrees to accept the Demised Premises in the condition existing on the Commencement Date (subject to Owner’s performance of Owner’s Work in a good and workmanlike manner), and further agrees that, notwithstanding anything to the contrary contained in this Lease, Owner shall have no obligation to alter, improve, decorate or otherwise prepare the Demised Premises for Tenant’s occupancy, except that Owner, at Owner’s own cost and expense, shall perform the work (“Owner’s Work”) set forth and described on Exhibit “B” annexed hereto and made a part hereof.
B. Owner shall perform Owner’s Work prior to the Commencement Date hereof. Provided Tenant has promptly notified Owner of the paint color chosen by Tenant (as set forth on Exhibit B hereof), if Owner’s Work shall not be substantially completed within thirty (30) days from the date hereof, then Tenant shall be permitted to terminate this Lease on three (3) days written notice to Owner and, in such event, upon the expiration of such three (3) days period, Owner shall return to Tenant the first monthly payment of Fixed Rent and the Letter of Credit security deposit and thereafter neither Owner nor Tenant shall have any further rights or obligation hereunder except as expressly set forth in this Lease. Owner’s Work shall be deemed to be substantially completed (“Substantially Completed”) upon the completion of such work, except for minor details of such work, the non-completion of which shall not materially and adversely interfere with Tenant’s use or occupancy of the Demised Premises for Tenant’s normal business purposes. Owner shall notify Tenant when Owner’s Work has been Substantially Completed. Owner shall have the right to enter the Demised Premises subsequent to the Commencement Date to complete Owner’s Work, and the payment of Rental shall not be affected thereby.
Owner’s Work. Owner shall perform the following work in the Additional Demised Premises:
(a) Within three (3) business days after the date hereof, Owner shall provide labor to install Tenant’s air conditioning units to be supplied at Tenant’s expense together with mounting hardware. Tenant shall maintain the new A/C Units at its expense. Any required air conditioning outlets shall be at Tenant’s sole cost.
(b) Within three (3) business days after Owner’s receipt of written notice from Tenant indicating that the Additional Demised Premises’ Tenant’s Work has been completed, Owner shall: · Paint the Additional Demised Premises with a building standard color to be selected by Tenant; provided, however, that Tenant may instead accept from Owner a credit of $1,000 in exchange for the Owner’s obligation to perform said paint job; · Supply adequate number of amps to the Additional Demised Premises for Tenant’s use; and · Supply and install a new rear entrance door and paint it.
Owner’s Work. (a) Owner hereby approves the space plan (“Space Plan”), dated March 29, 2006, prepared for Tenant by Xxxxxxxx Design Associates, attached to this Lease as Exhibit “D”.
(b) Tenant shall prepare and submit to Owner for approval, which shall not be unreasonably withheld, final plans (“Final Plans”), consistent with the Space Plan, within 5 business days of the date of this Lease.
(c) Owner shall provide for the Demised Premises, as “Owner’s Work”, a turn-key installation in accordance with the Final Plans. All Owner’s Work shall utilize building-standard materials except as may be shown on the Space Plan or as may be requested by Tenant. Owner shall not unreasonably withhold consent to any such request by Tenant, but Tenant shall pay and be responsible for any additional cost incurred by Owner arising out of the consideration or granting of any such request.
(d) Owner’s Work shall include the painting of the Demised Premises in a Building-standard color, selected by Tenant from 3 choices presented by Owner, and the carpeting of the Demised Premises with Building-standard carpet; provided, however, that Tenant may, at its own sole cost and expense, choose a higher-quality of paint or wall covering or carpeting for all or a portion of the Demised Premises.
(e) Owner’s Work shall include the provision of the following for Tenant’s computer/IT room: (i) six 120-volt, 20-amp outlets in locations shown on the Final Plans; (ii) one 220-volt, 20-amp outlet in a location shown on the Final Plans; (iii) three 120-volt, 30-amp twist-look outlets in locations shown on the Final Plans;
(iv) electrical power for 1 supplemental HVAC unit (maximum 1-ton), the design and installation of which shall be subject to Owner’s reasonable approval, to be installed by Tenant for round-the-clock operation; and (v) installation of tile flooring throughout the room.
Owner’s Work. Exhibit B
i. As soon as practicable, but in any case within 15 days after execution of this Lease, Owner will commence and will Substantially Complete the work set forth in Exhibit B annexed hereto and made a part hereof (“Owner’s Work”) on or before December 31, 2009. The scope and detail of Owner’s Work shall be limited solely to terms set forth in Exhibit B. Owner’s Work shall be performed in a good, safe and xxxxxxx-like manner and in accordance with all Legal Requirements, subject to the provisions of Paragraph #78 (Force Majeure) and any of Tenant’s Work interfering with Owner’s Work. Owner’s Work shall be constructed in accordance with the plans and specifications (including, without limitation, the floor layout plans) reasonably approved by Tenant. Any changes to the plans and specifications previously approved by Tenant shall be approved, in advance and in writing, by Tenant, such approval not to be unreasonably withheld, conditioned or delayed. Owner shall not be liable to Tenant for damages of any kind resulting from Owner’s delay in delivering possession of the Demised Premises to Tenant, for whatever reason, provided that Owner is able to deliver possession with all of Owner’s Work Substantially Complete on or before December 31, 2009.
Owner’s Work. Owner at own cost and expense shall do the following work in a building standard manner: - Repaint entire premises; - Recarpet where desired by Tenant; The sum of $29,750.00 heretofore deposited by the Tenant with the Owner as security under the said Lease is to be retained by the Owner for the extended term herein provided, upon the same terms and conditions as in the said Lease expressed; It is further understood and agreed that if the existing Lease under the Tenant holds said premises shall for any cause be cancelled or terminated before its date of expiration, then this extension shall likewise, at the option of the Owner be void and of no effect;
