Performance of Tenant Improvements a) Tenant, at its sole cost and expense, subject to Landlord’s obligation to pay the Improvement Allowances provided for herein, shall perform the Tenant Improvements with the Architect and construction managers, general contractors and subcontractors of Tenant’s own choosing, subject to Landlord’s prior approval thereof in Landlord’s sole discretion and provided Tenant uses a competitive bidding process, and or the contracts with subcontractors, such approval not to be unreasonably withheld, conditioned or delayed. Tenant shall deliver to Landlord copies of all contracts with subcontractors promptly following execution thereof. Tenant shall perform the Tenant Improvements in accordance with:
(i) the Tenant’s Final Construction Documents, (ii) good construction practices, (iii) all Laws and Requirements, (iv) all other requirements of this Work Letter, and (v) all requirements set forth in the Lease for the performance of Tenant Improvements by Tenant. In addition, Tenant shall pay to Landlord or Landlord’s affiliate or designee a fee of one percent (1%) of the cost of the Tenant Improvements as compensation for coordination and oversight of the construction of the Tenant Improvements (“Construction Management Fee”).
b) Tenant and its contractors and subcontractors shall be solely responsible for the transportation, storage and safekeeping of materials and equipment used in the performance of the Tenant Improvements, for the removal of waste and debris resulting therefrom on a regular basis, and for any damage caused by them to any portion of the Building, subject to the insurance provisions of this Exhibit “B” and the Lease.
c) In addition to any insurance which may be required under the Lease, throughout the prosecution of the Tenant Improvements, Tenant shall secure, pay for and maintain or cause Tenant’s contractors and any subcontractors to secure, pay for and maintain insurance in the following minimum coverage and limits of liability:
1. Worker’s compensation in statutory limit for the Commonwealth of Pennsylvania, and Employer’s Liability Insurance with statutory limits.
2. Comprehensive General Liability Insurance including Broad Form Contractual, Broad Form Property Damage, Personal Injury, Completed Operations and Products coverage, and deletion of any exclusion pertaining to explosion, collapse and underground property damage hazards, with limits of not less than $5,000,000.00 combined single limit for bodily injury and property damage.
3. Comp...
Performance of Tenant Improvements. Tenant shall, pursuant to the Work Letter attached hereto as Exhibit B, construct the Tenant Improvements, as more particularly described therein.
Performance of Tenant Improvements. The responsibility for costs, preparation of preliminary and final plans, working drawings and specifications, bidding process, contracting, payment arrangements, and all other undertakings with respect to the design and performance of “Tenant Improvements”, and the timing and mechanics thereof and therefor, including Landlord’s and Tenant’s respective consent and approval rights related thereto, are all as set forth herein and in Exhibit “F” attached hereto and made a part hereof.
Performance of Tenant Improvements. Tenant shall make all Tenant Improvements in accordance with all applicable statutes, laws, rules, regulations, ordinances and codes of authority and entities having jurisdiction over same, shall secure at Tenant's sole cost and expense. any and all required permits, authorizations, approvals, certificates and the like, and all such Tenant Improvements shall be performed in good and workmanlike manner and shall not in any manner diminish the value of the Leased Premises.
Performance of Tenant Improvements. Tenant has the right to enter the Premises and the Project and, at Tenant's option, to begin construction of Tenant's improvements or the Parking Lot Expansion (as hereinafter defined), or both, beginning upon the execution of this Lease. All terms of this Lease will apply to Tenant's entry of the Premises, except for SECTIONS 4.0 AND 5.0 and any other provision of this Lease concerning the payment of Rent (as hereinafter defined); PROVIDED, HOWEVER, that from and after the date Tenant begins conducting business in or from any portion of the Premises, Tenant shall pay its share of operating expenses, as provided in SECTION 5.0, below, with respect to such portion.
Performance of Tenant Improvements. Tenant understands and acknowledges that Landlord will be completing the Tenant Improvements to the Premises during Xxxxxx’s occupancy and that Landlord’s construction of the Tenant Improvements will interfere with Xxxxxx’s use and quiet enjoyment of the Premises and Xxxxxx’s ability to use the Premises. Xxxxxx agrees to cooperate with Xxxxxxxx in order to facilitate Xxxxxxxx’s construction of the Tenant Improvements. Further, Xxxxxx agrees and acknowledges that there will be noise and dust and all other similar elements associated with construction. Accordingly, notwithstanding anything in this Lease to the contrary, Tenant hereby agrees with performance of the Tenant Improvements Landlord shall not be liable for injury to Tenant’s business or any loss of income therefrom or for loss of or damage to the inventory, products, supplies, merchandise, tenant improvements, fixtures, furniture, equipment, computers, files or other property of Tenant in the Premises caused by or resulting from such construction of the Tenant Improvements.
Performance of Tenant Improvements. Landlord shall supervise, oversee, schedule and coordinate the construction of the Tenant Improvements by Landlord’s contractor. Landlord may (a) make substitutions of material or components of equivalent grade and quality when and if any specified material or component shall not be readily or reasonably available, and (b) make changes to the work necessitated by conditions met in the course of construction, provided that if any change noted in (a) or (b) above is material and substantial in nature, then Tenant’s approval of such change shall first be obtained (which approval shall not be unreasonably withheld or delayed.
Performance of Tenant Improvements. (a) Borrower shall construct and complete all Tenant Improvements within the time periods and as required by, and in accordance with, the Leases and this Agreement.
(b) Borrower shall pay for and obtain or cause to be paid for and obtained all permits, licenses and approvals required by all applicable laws with regard to the Tenant Improvements, whether necessary for commencement, completion, use or otherwise.
(c) Borrower shall perform or cause to be performed all work in connection with the Tenant Improvements in a good and workmanlike manner, in compliance with all applicable laws, ordinances, rules and regulations (including, without limitation, any and all environmental laws and laws for the handicapped and/or disabled), with any plans and specifications covering the same (if such plans and specifications are reasonably requested by Lender and relate only to Leases in excess of 100,000 square feet) and with all applicable insurance requirements, which performance by Borrower shall be without regard to the sufficiency of the Reserve to cover the cost of any Tenant Improvement or the Tenant Improvements as a whole.
(d) Borrower covenants and agrees that the Tenant Improvements shall be constructed, installed or completed, as applicable, free and clear of any and all liens (including mechanic's, materialman's or other liens), claims and encumbrances whatsoever, subject to Borrower's right to contest as specified in the Mortgage (as defined in the Note), but subject to release of funds from the Reserve to pay for the same, pursuant to executed partial or full lien waivers, as the case may be, conditioned only upon payment of the amount identified in such waiver.
Performance of Tenant Improvements. As soon as practicable after Tenant and Landlord initial and attach to the Fourth Amendment as Exhibit C-1 a true and complete copy of the Approved Final Drawings, Landlord shall submit the Approved Final Drawings to the governmental authorities having rights of approval over the Tenant Improvements and shall apply for the necessary approvals and building permits. Landlord and Tenant hereby agree that Xxxxxx and Company (the “General Contractor”) shall construct the Tenant Improvements, and that Landlord’s contract with the General Contractor shall provide that the General Contractor shall (i) charge no more than 3% xxxx-up for general conditions and 7% xxxx-up for combined overhead and profit, and (ii) competitively bid selected subcontractor trades to three (3) bidders mutually agreed upon in advance by Landlord and Tenant; provided, however, in no event shall Xxxxxx Electric be used as a subcontractor. Landlord shall commence construction, or cause the commencement of construction by the General Contractor, of the Tenant Improvements (for the Fourth Floor Premises and/or the Fifth Floor Premises, as applicable) as soon as practicable after obtaining all required governmental approvals and permits. Except as hereinafter expressly provided to the contrary, Landlord shall cause the performance of the Tenant Improvements using (except as may be stated or otherwise shown in the Approved Final Drawings) building standard materials, quantities and procedures then in use by Landlord (“Building Standards”). Time is of the essence with respect to the parties’ obligations pursuant to this Work Letter.
Performance of Tenant Improvements. Tenant shall, at Tenant's sole cost and expense, construct or install, or cause to be constructed and installed, in or upon the Premises, the Tenant Improvements in accordance with Tenant's Plans. All permits, licenses and authorizations required or permitted by all applicable governmental authorities relating to the Tenant Improvements shall be procured and paid for by Tenant. The Tenant Improvements shall be completed by Tenant in accordance with Tenant's Plans in a good and workmanlike manner and in such a manner so as not to unreasonably interfere with the use of the Building by other tenants thereof Landlord shall have the right to reasonably (i) approve the work schedule of Tenant and Tenant's contractors in the construction of the Tenant Improvements, (ii) approve Tenant's move-in schedule for occupancy of the Premises, and (iii) inspect the Premises throughout the construction of the Tenant Improvements. The term "Substantial Completion" shall mean that the Tenant Improvements have been completed by Tenant substantially in accordance with Tenant's Plans, as evidenced by a certificate of occupancy for the Premises issued by the applicable governmental authorities. Notwithstanding anything to the contrary set forth hereinabove, the date on which Substantial Completion is deemed to have occurred shall be accelerated by the number of days of Tenant Delay (as defined below), regardless of the date that Substantial Completion actually occurs. For example, if Tenant achieves Substantial Completion of the Tenant Improvements on December 1, 1999, but Tenant is responsible for forty-five (45) days of Tenant Delay, Substantial Completion shall be deemed to have occurred on October 15, 1999 for all purposes under this Lease including, without limitation, the determination of the Commencement Date. The term "Tenant Delay" shall mean any delays in the completion of the Tenant Improvements caused by (i) Tenant's failure to complete and deliver Tenant's Plans to Landlord; (ii) any delays resulting from changes to the Plans requested by Tenant; and (iii) any interference with the performance of the construction of the Tenant Improvements by Tenant or any of its agents or employees; or (iv) any errors or omissions contained within Tenant's Plans.
