Common use of Performance of Tenant’s Work Clause in Contracts

Performance of Tenant’s Work. (a) Landlord shall not unreasonably withhold its consent to the general contractor selected by Tenant and approved by Landlord ("Tenant's G.C.") performing Tenant's Work solely as an accommodation to Tenant. Tenant hereby acknowledges that Landlord is extremely concerned that the Tenant's Work be performed in a manner such as to minimize, to the maximum extent possible, interference with ongoing work in the Building being performed by Landlord, the use and enjoyment of other space in the Building by other tenants and the continued and uninterrupted operation of all structural, mechanical and electrical components of the Building. Tenant further acknowledges that Landlord is vitally interested in maintaining the high quality, character and standards of the Building as a First Class Office/Research and Development Building and that but for the Tenant's assurances given below, Landlord would not enter this Lease nor permit Tenant to perform Tenant's Work using Tenant's G.C. Accordingly, in order to provide Landlord with the assurances it requires in that regard and as a material inducement to the Landlord to enter into this Lease, Tenant hereby covenants and agrees with Landlord as follows: In addition to and without limitation of any other term, covenant, provision or condition contained in this Lease regarding alterations and improvements to be performed by Tenant, the Tenant, for itself and for Tenant's G.C. hereby covenants and agrees with Landlord that Tenant, Tenant's G.C., and all of their agents, servants and employees shall comply with all directions, orders, instructions, rules, directives and regulations now or hereafter implemented or made by Landlord's Construction Representative, including, without limitation, compliance with any request or order by Landlord's Construction Representative to cease and desist from performing any part of Tenant's Work. Landlord's Construction Representative shall not act in an arbitrary or capricious manner in exercising its rights under this clause. Landlord shall provide Tenant with specific guidelines relating to Tenant's Work and Tenant shall comply with such guidelines. All of Tenant's Work shall be coordinated with any work being performed by Landlord in the Building and in such a manner as to maintain harmonious labor relations and not damage the Property or interfere with the Building construction or operation or any other tenant or occupants of the Building. Tenant shall comply with the reasonable oral or written directions of the Landlord's Construction Representative with respect to the covenants of Tenant contained in the foregoing clause and if not corrected or completed to the reasonable satisfaction of the Landlord's Construction Representative within one hour after the giving of such notice then, Landlord shall have the right, but not the obligation, in addition to all other rights and remedies afforded the Landlord pursuant to this Lease, to seek and obtain specific performance of such covenants by way of injunctive relief or other equitable remedy. Tenant shall cause Tenant's G.C. to obtain and maintain (i) a payment and performance bond and (ii) a xxxx xxxx for the benefit of Landlord and Tenant in an amount which is equal to the costs of completing Tenant's Work. Tenant shall provide Landlord's Construction Representative with a copy of such bond and evidence of its effectiveness before commencing Tenant's Work.

Appears in 2 contracts

Samples: Aquila Biopharmaceuticals Inc, Aquila Biopharmaceuticals Inc

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Performance of Tenant’s Work. (a) Landlord shall not unreasonably withhold its consent to the general contractor selected by Tenant and Once Tenant’s Plans have been approved by Landlord ("Tenant's G.C.") performing Tenant's Work solely as an accommodation to Tenant. Tenant hereby acknowledges that Landlord is extremely concerned that the Tenant's Work be performed in a manner such as to minimize, to the maximum extent possible, interference with ongoing work in the Building being performed by Landlord, the use Tenant, at its sole cost and enjoyment of other space in the Building by other tenants expense (subject to Landlord’s Contribution), shall promptly commence and the continued and uninterrupted operation of with all structural, mechanical and electrical components of the Building. Tenant further acknowledges that Landlord is vitally interested in maintaining the high quality, character and standards of the Building as a First Class Office/Research and Development Building and that but for the Tenant's assurances given below, Landlord would not enter this Lease nor permit Tenant to due diligence perform Tenant's ’s Work using Tenant's G.C. Accordinglyas set forth on the Approved Plans, and, in order to provide Landlord with the assurances it requires in that regard and as a material inducement to the Landlord to enter into this Lease, Tenant hereby covenants and agrees with Landlord as follows: In addition to and without limitation of any other term, covenant, provision or condition contained in this Lease regarding alterations and improvements to be performed by Tenantconnection therewith, the Tenant, for itself Tenant shall obtain all necessary governmental permits and approvals for Tenant's G.C. hereby covenants and agrees with Landlord that Tenant, Tenant's G.C., and all of their agents, servants and employees shall comply with all directions, orders, instructions, rules, directives and regulations now or hereafter implemented or made by Landlord's Construction Representative, including, without limitation, compliance with any request or order by Landlord's Construction Representative to cease and desist from performing any part of Tenant's ’s Work. Landlord's Construction Representative shall not act in an arbitrary or capricious manner in exercising its rights under this clause. Landlord shall provide reasonably cooperate at no expense to Landlord with Tenant with specific guidelines relating to Tenant's Work and Tenant shall comply with in obtaining any such guidelinespermits or approvals. All of Tenant's ’s Work shall be coordinated performed in accordance with any work being performed by Landlord the Approved Plans and in the Building accordance with applicable Legal Requirements and Insurance Requirements and in such a manner as to maintain harmonious labor relations and not damage the Property or interfere with the Building construction or operation or any other tenant or occupants of the Buildingrelations. Tenant shall comply with require that its contractors provide to Landlord such insurance as is required by the reasonable oral or written directions Lease. In the event that Xxxxxx’s use of any contractors for the performance of Xxxxxx’s Work results in any labor disharmony that actually delays substantial completion of the Landlord's Construction Representative with respect ’s Work, it shall constitute a Tenant Delay. Provided a written set of the same are delivered to Tenant prior to the covenants commencement of Tenant’s Work and any other work which the Tenant contained in may perform under the foregoing clause and if not corrected or completed to the reasonable satisfaction of the Landlord's Construction Representative within one hour after the giving of such notice thenLease, Landlord shall have the rightright to provide such reasonable rules and regulations relative to the performance of the same and Tenant shall abide by the same and shall cause all of its contractors to so abide. Tenant’s Work shall be deemed substantially completed when Xxxxxx’s Work has been completed in accordance with the Approved Plans, but not as certified by Tenant’s Architect, subject only to so-called “Tenant Punch-List Items” “Tenant Punch-List Items” shall be defined as minor, punch list-type items of work and adjustment of equipment and fixtures that can be completed after Xxxxxx’s occupancy of the obligationPremises without, in addition the aggregate, causing material interference with Xxxxxx’s use and occupancy. Xxxxxxxx agrees to all other rights and remedies afforded the reasonably cooperate at no expense to Landlord pursuant to this Lease, to seek and obtain specific performance of such covenants by way of injunctive relief or other equitable remedy. with Tenant shall cause Tenant's G.C. to obtain and maintain (i) a payment and performance bond and (ii) a xxxx xxxx final certificate of occupancy for the benefit Premises and Tenant’s Work, following the substantial completion of Landlord the Tenant’s Work and Tenant installation of Tenant’s furniture, fixtures and equipment in an amount which is equal to the costs of completing Tenant's Work. Tenant shall provide Landlord's Construction Representative with a copy of such bond and evidence of its effectiveness before commencing Tenant's WorkPremises.

Appears in 2 contracts

Samples: Lease (Fractyl Health, Inc.), Lease (Fractyl Health, Inc.)

Performance of Tenant’s Work. Tenant shall not unreasonably disrupt other tenants of the Building during the build-out and installation of Tenant’s Work. Tenant’s Work shall be performed: (a) Landlord shall not unreasonably withhold its consent to the general contractor selected by Tenant and approved by Landlord ("Tenant's G.C.") performing Tenant's Work solely as an accommodation to Tenant. Tenant hereby acknowledges that Landlord is extremely concerned that the Tenant's Work be performed in a manner such as to minimizethoroughly first class, to professional and workmanlike manner, (b) only with materials that are new, high quality, and free of known material defects, (c) strictly in accordance with the maximum extent possible, interference with ongoing work in the Building being performed Final Plans approved by Landlord, (d) so as not to adversely affect the use Systems and enjoyment Equipment or the structure of other space in the Building by or the Project, (e) diligently to completion and so as to avoid any unreasonable disturbance, disruption or inconvenience to other tenants and the continued and uninterrupted operation of all structural, mechanical and electrical components of the Building, (f) in compliance with all Laws and other provisions of this Lease, and (g) in compliance with such other reasonable requirements as Landlord may impose concerning the manner and times in which such Tenant’s Work shall be done. Any floor, wall or ceiling coring work or penetrations or use of noisy or heavy equipment which may unreasonably interfere with the conduct of business by other tenants shall, at Landlord’s option, be performed at times other than Landlord’s normal business hours at Tenant’s sole cost. If Tenant further acknowledges that Landlord is vitally interested in maintaining the high quality, character and standards of the Building as a First Class Office/Research and Development Building and that but for the Tenant's assurances given below, Landlord would not enter this Lease nor permit Tenant fails to perform Tenant's ’s Work using Tenant's G.C. Accordingly, in order as required herein or the materials supplied fail to provide Landlord comply herewith or with the assurances it requires in that regard and as a material inducement to the Landlord to enter into this Lease, Tenant hereby covenants and agrees with Landlord as follows: In addition to and without limitation of any other term, covenant, provision or condition contained in this Lease regarding alterations and improvements to be performed specifications approved by Tenant, the Tenant, for itself and for Tenant's G.C. hereby covenants and agrees with Landlord that Tenant, Tenant's G.C.Landlord, and all of their agents, servants and employees shall comply with all directions, orders, instructions, rules, directives and regulations now or hereafter implemented or made Tenant fails to cure such failure within ten business days after notice by Landlord's Construction Representative, including, without limitation, compliance with any request or order by Landlord's Construction Representative to cease and desist from performing any part of Tenant's Work. Landlord's Construction Representative Landlord (except notice shall not act be required in an arbitrary or capricious manner in exercising its rights under this clause. Landlord shall provide Tenant with specific guidelines relating to Tenant's Work and Tenant shall comply with such guidelines. All of Tenant's Work shall be coordinated with any work being performed by Landlord in the Building and in such a manner as to maintain harmonious labor relations and not damage the Property or interfere with the Building construction or operation or any other tenant or occupants of the Building. Tenant shall comply with the reasonable oral or written directions of the Landlord's Construction Representative with respect to the covenants of Tenant contained in the foregoing clause and if not corrected or completed to the reasonable satisfaction of the Landlord's Construction Representative within one hour after the giving of such notice thenemergencies), Landlord shall have the right, but right to stop Tenant’s Work until such failure is cured (which shall not the obligation, be in addition to all limitation of Landlord’s other rights and remedies afforded the Landlord pursuant to this Lease, to seek and obtain specific performance of such covenants by way of injunctive relief or other equitable remedy. Tenant shall cause Tenant's G.C. to obtain and maintain (i) a payment and performance bond and (ii) a xxxx xxxx for the benefit of Landlord and Tenant in an amount which is equal to the costs of completing Tenant's Work. Tenant shall provide Landlord's Construction Representative with a copy of such bond and evidence of its effectiveness before commencing Tenant's Workremedies).

Appears in 2 contracts

Samples: Purchase and Sale Agreement (Go Daddy Group, Inc.), Lease (Go Daddy Group, Inc.)

Performance of Tenant’s Work. (a) As soon as practicable after Landlord shall not unreasonably withhold its consent have approved Tenant's plans and specifications and possession of the Premises shall be made available to the general contractor selected by Tenant and approved by Landlord ("Tenant's G.C.") performing Tenant's Work solely as an accommodation Tenant shall have obtained all Necessary Approvals with respect to Tenant. Tenant hereby acknowledges that Landlord is extremely concerned that the Tenant's Work be performed in a manner such as to minimize, to the maximum extent possible, interference with ongoing work in the Building being performed by Landlord, the use and enjoyment of other space in the Building by other tenants and the continued and uninterrupted operation of all structural, mechanical and electrical components of the Building. Tenant further acknowledges that Landlord is vitally interested in maintaining the high quality, character and standards of the Building as a First Class Office/Research and Development Building and that but for the Tenant's assurances given below, Landlord would not enter this Lease nor permit Tenant to perform Tenant's Work using Tenant's G.C. Accordingly, in order to provide Landlord with the assurances it requires in that regard and as a material inducement to the Landlord to enter into this Lease, Tenant hereby covenants and agrees with Landlord as follows: In addition to and without limitation of any other term, covenant, provision or condition contained in this Lease regarding alterations and improvements to be performed by Tenant, the Tenant, for itself and for Tenant's G.C. hereby covenants and agrees with Landlord that Tenant, Tenant's G.C., and all of their agents, servants and employees shall comply with all directions, orders, instructions, rules, directives and regulations now or hereafter implemented or made by Landlord's Construction Representative, including, without limitation, compliance with any request or order by Landlord's Construction Representative to cease and desist from performing any part commencement of Tenant's Work, Tenant shall enter the Premises and shall proceed with due diligence and dispatch to make improvements and install fixtures and other equipment and a full stock of inventory therein, in accordance with the approved plans and specifications and all Governmental Requirements. Landlord's Construction Representative Such work and installation shall not act in an arbitrary or capricious manner in exercising its rights under this clause. Landlord shall provide Tenant with specific guidelines relating to Tenant's Work and Tenant shall comply with such guidelines. All of Tenant's Work shall be coordinated interfere with any work being performed to be done by Landlord in other portions of the Building Shopping Center, shall be done with labor which is not incompatible with other labor employed at the Shopping Center without creating any conflict or work stoppage with, under or as a result of any labor agreement to which Landlord or its contractors may be a party, and in compliance with such a manner rules and regulations as to maintain harmonious labor relations and not damage the Property or interfere with the Building construction or operation or any other tenant or occupants of the BuildingLandlord may reasonably make. Tenant shall comply with the reasonable oral or written directions of the Except for Landlord's Construction Representative with respect negligence and willful acts (subject, however, to the covenants waiver of Tenant contained subrogation elsewhere set forth in the foregoing clause and if not corrected or completed to the reasonable satisfaction of the Landlord's Construction Representative within one hour after the giving of such notice thenthis Lease), Landlord shall have no responsibility or liability whatsoever for any loss of or damage to any fixtures or other equipment or inventory installed or left in the rightPremises, but not and Tenant's entry on and occupancy of the obligation, in addition Premises shall be governed by and subject to all the provisions, covenants and conditions of this Lease other rights and remedies afforded than those requiring payment of Rent. Prior to commencing any construction work in the Landlord pursuant to this LeasePremises, to seek and obtain specific performance of such covenants by way of injunctive relief or other equitable remedy. Tenant shall cause Tenant's G.C. to obtain and maintain (i) obtain a payment building permit and performance bond furnish a copy of same to Landlord and (ii) a xxxx xxxx deposit with Landlord (or cause its general contractor to deposit) the Construction Deposit set forth in Article 1, said deposit (less any amount retained by Landlord as reimbursement for the benefit of Landlord and Tenant sums expended in an amount which is equal to the costs of completing performing Tenant's Work. Tenant construction obligations) shall provide Landlord's Construction Representative with a copy be returned upon completion of such bond and evidence of its effectiveness before commencing Tenant's Work.---------- *** confidential treatment requested

Appears in 2 contracts

Samples: Silicon Entertainment Inc /Ca/, Silicon Entertainment Inc /Ca/

Performance of Tenant’s Work. (a) Landlord shall not unreasonably withhold its consent to the general contractor selected by Tenant and approved by Landlord ("Tenant's G.C.") performing Tenant's Work solely as an accommodation to Tenant. Tenant hereby acknowledges that Landlord is extremely concerned that the Tenant's Work be performed in a manner such as to minimize, to the maximum extent possible, interference with ongoing work in the Building being performed by Landlord, the use and enjoyment of other space in the Building by other tenants and the continued and uninterrupted operation of all structural, mechanical and electrical components of the Building. Tenant further acknowledges that Landlord is vitally interested in maintaining the high quality, character and standards of the Building as a First Class Office/Research and Development Building and that but Except for the Tenant's assurances given below, Landlord would not enter this Lease nor permit Tenant to perform Tenant's Work using Tenant's G.C. Accordingly, in order to provide Landlord with the assurances it requires in that regard and as a material inducement to the Landlord to enter into this Lease, Tenant hereby covenants and agrees with Landlord as follows: In addition to and without limitation of any other term, covenant, provision or condition contained in this Lease regarding alterations and improvements Base Building Improvements to be performed by Landlord in accordance with the Final Design Documents as affected by Change Orders, all of Tenant's initial interior improvements, fixtures, finishes, furnishings, furniture, telephones, movable equipment and signs visible from the exterior of the Building (collectively, "Tenant's Work"), shall be performed at the sole cost and expense of Tenant, provided however, that subject to this Section 3.2.1 Landlord shall advance up to the Tenant, for itself and for amount of the Tenant Allowance if Tenant elects to have Landlord advance the Tenant Allowance. Tenant's G.C. hereby covenants and agrees with Landlord that Tenant, Tenant's G.C., and all of their agents, servants and employees Representative shall comply with all directions, orders, instructions, rules, directives and regulations now or hereafter implemented or made by Landlord's Construction Representative, including, without limitation, compliance with any request or order by Landlord's Construction Representative to cease and desist from performing any part of serve as construction manager for Tenant's Work. Landlord's Construction Representative shall not act in an arbitrary or capricious manner in exercising its rights under this clause. Landlord shall provide Tenant with specific guidelines relating to Tenant's Work and Tenant shall comply with such guidelines. All performance of Tenant's Work shall be coordinated with any work being performed by Landlord in the Building and in such a manner as to maintain harmonious labor relations during the performance of the Base Building Improvements and not to damage the Property Building or Lot or interfere with Building or Lot operations. All work described in Tenant's Work shall be performed by Landlord's Contractor (if Tenant enters into a contract with Landlord's Contractor for the initial Tenant's Work) or by a contractor selected by Tenant and approved by Landlord, which approval shall not be unreasonably withheld ("Tenant's Contractor"). The performance of Tenant's Work in accordance with this Lease shall not be deemed to be a violation of the Permitted Uses of the Premises. Except as set forth in Sections 3.3 and 5.1.10 hereof and Exhibit E hereto, all Tenant's Work shall become a part of the Premises and upon termination of this Lease shall be considered to be the property of the Landlord. Tenant shall not effect any Tenant's Work (or any alterations or additions to the Premises after performance of Tenant's Work) that might (i) diminish the value of the Premises for laboratory/office use, or (ii) require any unusual expense to re-adapt the Premises for any laboratory/office use. Tenant's Work shall be performed in accordance with complete, consistent, final construction drawings and specifications ("Construction Documents") approved in advance by Landlord in writing, which approval shall not be unreasonably withheld. The Construction Documents shall be prepared and stamped by Tenant's Architect and approved by Landlord in writing. Landlord reserves the right to reject, in whole or in part, the Construction Documents which in its reasonable opinion fail to comply with the provisions of this Lease within fifteen (15) business days of its receipt thereof (the "Review Period"). The Review Period shall not commence unless and until Tenant delivers a complete set of Construction Documents. If Landlord shall disapprove the Construction Documents, it shall state specifically the reasons therefor, and Tenant shall promptly revise and resubmit the Construction Documents. If Landlord fails to respond to Tenant's request for approval of the Construction Documents within the Review Period then the Construction Documents shall be deemed approved. Tenant shall be solely responsible for the liabilities of and expenses of all architectural and engineering services relating to Tenant's Work and for the adequacy, accuracy, and completeness of the Construction Documents approved by Landlord unless Tenant elects that Landlord advance the Tenant Allowance (and if so elected, then only to the extent of the Tenant Allowance). The Construction Documents (i) shall set forth in detail the requirements for construction of the Tenant's Work (including all architectural, mechanical, electrical and structural drawings and detailed specifications), (ii) shall be fully coordinated with one another, with field conditions as they exist in the Premises and elsewhere in the Building construction or operation or any other tenant or occupants and the Final Design Documents, and (iii) shall show all work necessary to complete the Tenant's Work including all cutting, fitting, and patching and all connections to the mechanical and electrical systems and components of the Building. Tenant shall agrees to hold Landlord harmless if any Tenant's Work described in the Construction Documents (a) fails to comply with the reasonable oral or written directions all applicable laws, regulations, building codes, and building design standards, (b) in any manner affects any structural component of the Landlord's Construction Representative Building (including, without limitation, exterior walls, exterior windows, core walls, roofs or floor slabs), (c) in any respect is incompatible with the electrical and mechanical components and systems of the Building, (d) affects the exterior of the Building, (e) fails to conform to floor loading limits, and (f) with respect to all materials, equipment and special designs, processes, or products, infringes on any patent or other proprietary rights of others. Landlord's approval or deemed approval of the covenants Construction Documents and the performance of Tenant contained in the foregoing clause and if not corrected or completed Tenant's Work pursuant to the reasonable satisfaction Construction Documents shall not result in any liability of Landlord, except to the extent that Tenant elects to have Landlord advance the Tenant Allowance, and Landlord's approval of Construction Documents shall signify only Landlord's consent to Tenant's Work shown thereon and shall not result in any responsibility of Landlord concerning compliance of Tenant's Work with laws, regulations, or codes, coordination of any aspect of Tenant's Work with any other aspect of Tenant's Work, or the feasibility of constructing Tenant's Work without material damage or harm to the Building, all of which shall be the sole responsibility of Tenant. After Tenant's Contractor has been approved, then the same may thereafter be used by Tenant until Landlord notifies Tenant that Tenant's Contractor is no longer approved due to Tenant's Contractor's failure to comply in any material respect with the requirements of the Landlord's Construction Representative within one hour after the giving of such notice then, Landlord shall have the right, but not the obligation, in addition to all other rights and remedies afforded the Landlord pursuant to Documents and/or this Lease, to seek and obtain specific performance of such covenants by way of injunctive relief or other equitable remedy. Tenant shall cause Tenant's G.C. to obtain procure all necessary governmental permits, licenses and maintain (i) a payment and performance bond and (ii) a xxxx xxxx for the benefit of Landlord and Tenant in an amount which is equal to the costs of completing approvals before undertaking any Tenant's Work. Tenant shall provide perform all Tenant's Work at Tenant's risk in compliance with all applicable laws, codes and regulations and in a good and workmanlike manner employing new materials of good quality. When any Tenant's Work is in progress, Tenant shall cause to be maintained (i) insurance as may be required by Landlord covering any additional hazards due to such Tenant Work, and (ii) a statutory xxxx xxxx pursuant to M.G.L. c.254, ss.12 or any successor statute (or such other protection of Landlord's Construction Representative with interest in the Building and Lot against liens as Landlord may reasonably require), in each case for the benefit of Landlord. It shall be a copy condition of Landlord's approval of any Tenant's Work that certificates of such bond insurance and evidence a xxxx xxxx in recordable form, both issued by responsible insurance companies qualified to do business in Massachusetts and reasonably approved by Landlord, shall have been deposited with Landlord, that Tenant has provided Tenant's certification of its effectiveness before commencing the insurable value of the work in question for casualty insurance purposes, and that all of the other conditions of the Lease have been satisfied. Tenant shall reimburse up to [*****Confidential*****] for Landlord's reasonable costs of reviewing proposed Tenant's Work and inspecting installation of the same, provided however, that if Tenant elects to have Landlord advance the Tenant Allowance, such costs may be paid from the Tenant Allowance. At all times while performing Tenant's Work, Tenant shall require any Tenant's Contractor to comply with all applicable laws, regulations, permits and policies relating to such work. In performing Tenant's Work, each Tenant's Contractor shall comply with the Development Approvals, the Subsequent Approvals (in each case to the extent applicable), Landlord's requirements set forth in Section 3.2.1, the first paragraph of Section 3.3, Section 5.1.5 and Section 5.2.3 hereof relating to the time and methods for such work, use of delivery elevators and other Building facilities and each Tenant's Contractor shall not interfere or disrupt Landlord's Contractor. Each Tenant's Contractor shall in all events work on the Premises without causing labor disharmony, coordination difficulties, or delay, and without impairing any guaranties, warranties or obligations of any contractors of Landlord. If any Tenant's Contractor uses any Building services or facilities, such Contractor, jointly and severally with Tenant, shall agree to reimburse Landlord for the cost thereof based on Landlord's schedule of charges established from time to time (and if no such charges have been established, then based on Landlord's reasonable charge established at the time). Each Tenant's Contractor shall, by entry into the Building, be deemed to have agreed to indemnify and hold Landlord harmless from any claim, loss or expense arising in whole or in part out of any act or neglect committed by such person while in the Building, to the same extent as Tenant has so agreed in this Lease, the indemnities of Tenant and Tenant's Contractor to be joint and several. Tenant shall pay on or prior to date when any such payment is due, either from its own funds or from the Tenant Allowance if Tenant elects to have Landlord advance the Tenant Allowance, the entire cost of all Tenant's Work so that the Premises shall always be free of liens for labor or materials. If any mechanic's lien (which term shall include all similar liens relating to the furnishing of labor and materials) is filed against the Premises or the Building or any part thereof which is claimed to be attributable to Tenant, its agents, employees or contractors, Tenant shall promptly discharge the same by payment or filing any necessary bond within thirty (30) days after Tenant has notice (from any source) of such mechanic's lien. Landlord may, as a condition of its approval of any Tenant's Work, require Tenant to deposit with Landlord a bond, letter of credit or other similar security in the amount of Landlord's reasonable estimate of the value of such Work securing Tenant's obligations to make payments for such Work. Landlord shall permit Tenant and Tenant's Contractor access to the Premises prior to the Commencement Date for the performance of Tenant's Work if Tenant employs Landlord's Contractor or another contractor approved by Landlord for the performance of Tenant's Work and if the concurrent performance of the Base Building Improvements and Tenant's Work will not delay the Substantial Completion Date. Subject to the foregoing, Landlord shall cooperate with Tenant's Contractor in connection with Tenant's Work. Subject to Sections 7.1(h) and 10.6 hereof, Tenant shall, in any event, substantially complete all Tenant's Work required for the initial occupancy of (a) fifty percent (50%) of the Premises by Tenant within six (6) months after the Commencement Date, (b) seventy-five percent (75%) of the Premises within twenty-four (24) months after the Commencement Date, and (c) one hundred percent (100%) of the Premises within thirty-six (36) months after the Commencement Date. If Tenant elects to have Landlord advance the Tenant Allowance, Tenant shall provide Landlord with a budget and copies of all contracts entered into with respect to Tenant's Work and such other information as Landlord reasonably may request. The Tenant Allowance shall be advanced to Tenant by Landlord no more frequently than monthly against costs then incurred but unpaid by Tenant with respect to Tenant's Work. The Tenant Allowance shall be advanced to Tenant in the proportion which the Tenant Allowance bears to Tenant's budget, as the same may be updated, for Tenant's Work. Tenant shall make application to Landlord for an advance of the Tenant Allowance at least ten (10) business days prior to the date upon which an advance is to be made. Such application shall be on such form or forms as Landlord reasonably may require, and shall be accompanied by invoices, receipts, lien waivers and such other documents as Landlord reasonably may require.

Appears in 1 contract

Samples: Disturbance and Attornment Agreement (Vertex Pharmaceuticals Inc / Ma)

Performance of Tenant’s Work. Tenant shall use Tenant's best efforts ---------------------------- not to unreasonably disrupt other tenants of the Building during the build-out and installation of Tenant's Work. Tenant's Work shall be performed: (ai) Landlord shall not unreasonably withhold its consent to the general contractor selected by Tenant in a thoroughly first class, professional and workmanlike manner, (ii) only with materials that are new, high quality, and free of material defects, (iii) strictly in accordance with Design Plans approved by Landlord in advance in writing, ("Tenant's G.C."iv) performing Tenant's Work solely so as an accommodation not to Tenant. Tenant hereby acknowledges that Landlord is extremely concerned that adversely affect the Tenant's Work be performed in a manner such Systems and Equipment or the structure of the Building or the Project, (v) diligently to completion and so as to minimizeavoid any unreasonable disturbance, disruption or inconvenience to the maximum extent possible, interference with ongoing work in the Building being performed by Landlord, the use and enjoyment of other space in the Building by other tenants and the continued and uninterrupted operation of the Project, and (vi) in compliance with all structurallaws, mechanical the Code and electrical components other provisions of this Lease, and such other reasonable requirements as Landlord may impose concerning the Building. Tenant further acknowledges that Landlord is vitally interested manner and times in maintaining the high quality, character and standards of the Building as a First Class Office/Research and Development Building and that but for the which such Tenant's assurances given belowWork shall be done. Any floor, Landlord would not enter this Lease nor permit wall or ceiling coring work or penetrations or use of noisy or heavy equipment which may unreasonably interfere with the conduct of business by other tenants at the Project shall, at Landlord's option, be performed at times other than Landlord's normal business hours at Tenant's sole cost. If Tenant fails to perform Tenant's Work using Tenant's G.C. Accordingly, in order as required herein or the materials supplied fail to provide Landlord comply herewith or with the assurances it requires in that regard and as a material inducement to the Landlord to enter into this Lease, Tenant hereby covenants and agrees with Landlord as follows: In addition to and without limitation of any other term, covenant, provision or condition contained in this Lease regarding alterations and improvements to be performed specifications approved by Tenant, the Tenant, for itself and for Tenant's G.C. hereby covenants and agrees with Landlord that Tenant, Tenant's G.C.Landlord, and all of their agents, servants and employees shall comply with all directions, orders, instructions, rules, directives and regulations now or hereafter implemented or made Tenant fails to cure such failure within five (5) business days after notice by Landlord's Construction Representative, including, without limitation, compliance with any request or order by Landlord's Construction Representative to cease and desist from performing any part of Tenant's Work. Landlord's Construction Representative Landlord (except notice shall not act be required in an arbitrary or capricious manner in exercising its rights under this clause. Landlord shall provide Tenant with specific guidelines relating to Tenant's Work and Tenant shall comply with such guidelines. All of Tenant's Work shall be coordinated with any work being performed by Landlord in the Building and in such a manner as to maintain harmonious labor relations and not damage the Property or interfere with the Building construction or operation or any other tenant or occupants of the Building. Tenant shall comply with the reasonable oral or written directions of the Landlord's Construction Representative with respect to the covenants of Tenant contained in the foregoing clause and if not corrected or completed to the reasonable satisfaction of the Landlord's Construction Representative within one hour after the giving of such notice thenemergencies), Landlord shall have the right, but not the obligation, in addition right to all other rights and remedies afforded the Landlord pursuant to this Lease, to seek and obtain specific performance of such covenants by way of injunctive relief or other equitable remedy. Tenant shall cause stop Tenant's G.C. to obtain and maintain Work until such failure is cured (i) a payment and performance bond and (ii) a xxxx xxxx for the benefit which shall not be in limitation of Landlord and Tenant in an amount which is equal to the costs of completing Tenant's Work. Tenant shall provide Landlord's Construction Representative with a copy of such bond and evidence of its effectiveness before commencing Tenant's Workother remedies).

Appears in 1 contract

Samples: License Agreement (Pac-West Telecomm Inc)

Performance of Tenant’s Work. Promptly after the delivery of the Premises to Tenant, Landlord’s approval of the Plans (athe “Approved Plans”) Landlord and receipt by Tenant of all required permits and approvals, Tenant shall commence and exercise all reasonable efforts to complete the work specified therein (“Tenant’s Work”). All of Tenant’s Work shall be completed in accordance with the Approved Plans and the requirements for alterations and improvements made by or on behalf of Tenant set forth in this Lease and in the Rules and Regulations; provided, that (i) Tenant shall not unreasonably withhold its consent be required to provide any additional security (i.e., lien and completion bonds) in connection with Tenant’s Work, and (ii) Tenant shall not be required to use Landlord’s designated contractors with respect to any portions of Tenant’s Work affecting the Structural Elements and/or fire and life safety systems of the Building, unless the same are available at commercially reasonable rates. Tenant’s Work shall be performed by a general contractor selected by Tenant and approved by Landlord ("Tenant's G.C.") performing Tenant's Work solely as an accommodation to Tenant. Tenant hereby acknowledges that Landlord is extremely concerned that the Tenant's Work be performed in a manner such as to minimize, to the maximum extent possible, interference with ongoing work in the Building being performed by Landlord, which approval shall not be unreasonably withheld or delayed, under a written construction contract (and Landlord hereby acknowledges and agrees that Advantage General Construction is hereby approved). Further, Tenant shall have the use right to hire its own project manager, architect and enjoyment engineer (together with Tenant’s general contractor, “Tenant’s Construction Team”), subject to Landlord’s reasonable approval, in connection with the performance of Tenant’s Work (and Landlord hereby acknowledges and agrees that project manager: Xxxxx Xxxxxx, Xxxxxx Partners; architect: Xxx Xxxxxx, DNC Architects; engineer: Xxx Xxxxx, JennErik Engineering is/are hereby approved). The approval by Landlord of Tenant’s Construction Team shall not impose upon Landlord any responsibility or liability whatsoever to Tenant as a result of, or arising out of, the defaults or other space in the Building by other tenants and the continued and uninterrupted operation of all structural, mechanical and electrical components acts or omissions of the BuildingTenant’s Construction Team. Prior to commencing Tenant’s Work, Tenant further acknowledges that Landlord is vitally interested in maintaining the high quality, character shall obtain and standards of the Building as a First Class Office/Research and Development Building and that but for the Tenant's assurances given below, Landlord would not enter this Lease nor permit Tenant to perform Tenant's Work using Tenant's G.C. Accordingly, in order to provide Landlord with copies of, all state, local and other necessary permits and shall carry such insurance required under the assurances it requires in that regard Lease (naming Landlord, Landlord’s property manager, any Superior Mortgagee and as a material inducement to the Landlord to enter into this Lease, Tenant hereby covenants and agrees with any other parties reasonably designated by Landlord as follows: additional insureds). In addition to and without limitation addition, Landlord may monitor the progress of any other term, covenant, provision or condition contained in this Lease regarding alterations and improvements to be performed by Tenant, the Tenant, for itself and for Tenant's G.C. hereby covenants and agrees with Landlord that Tenant, Tenant's G.C., and all of their agents, servants and employees shall comply with all directions, orders, instructions, rules, directives and regulations now or hereafter implemented or made by Landlord's Construction Representative’s Work, including, without limitation, compliance with attend any request weekly or order by Landlord's Construction Representative to cease other periodic job meetings. Any review and desist from performing any part monitoring of Tenant's ’s Work by Landlord shall not impose upon Landlord any responsibility or liability whatsoever to Tenant as a result of, or arising out of, Tenant’s Work. Landlord's Construction Representative shall not act in an arbitrary or capricious manner in exercising its rights under this clause. Landlord Within forty-five (45) days after completion of any Tenant’s Work, Tenant shall provide Tenant with specific guidelines relating to Tenant's Work and Tenant shall comply with such guidelines. All of Tenant's Work shall be coordinated with any work being performed by Landlord in the Building and in such a manner as to maintain harmonious labor relations and not damage the Property or interfere with the Building construction or operation or any other tenant or occupants “as-built” plans of the Building. Tenant shall comply with the reasonable oral or written directions of the Landlord's Construction Representative with respect to the covenants of Tenant contained in the foregoing clause and if not corrected or completed to the reasonable satisfaction of the Landlord's Construction Representative within one hour after the giving of such notice then, Landlord shall have the right, but not the obligation, in addition to all other rights and remedies afforded the Landlord pursuant to this Lease, to seek and obtain specific performance of such covenants by way of injunctive relief or other equitable remedy. Tenant shall cause Tenant's G.C. to obtain and maintain (i) a payment and performance bond and (ii) a xxxx xxxx for the benefit of Landlord and Tenant in an amount which is equal to the costs of completing Tenant's ’s Work. Tenant shall provide Landlord's Construction Representative Landlord with copies of the certificate of occupancy for any Tenant’s Work that requires a copy certificate of occupancy reasonably promptly after completion of such bond and evidence Tenant’s Work. Nothing herein shall be construed as permitting Tenant to occupy all or any portion of its effectiveness before commencing Tenant's Workthe Premises for which Tenant has not obtained a certificate of occupancy or otherwise failed to comply with applicable legal requirements.

Appears in 1 contract

Samples: Lease (Arcellx, Inc.)

Performance of Tenant’s Work. (a) As soon as practicable after Landlord shall have approved Tenant's plans and specifications and possession of the Premises shall be made available to Tenant and Tenant shall have obtained all necessary approvals with respect to commencement of Tenant's Work, Tenant shall enter the Premises and shall proceed with due diligence and dispatch to make improvements and install fixtures and other equipment and a full stock of inventory therein, in accordance with the approved plans and specifications and all Governmental Requirements. Such work and installation shall not unreasonably withhold interfere with any work to be done by Landlord in other portions of the Shopping Center, shall be done with labor which is not incompatible with other labor employed at the Shopping Center without creating any conflict or work stoppage with, under or as a result of any labor agreement to which Landlord or its consent contractors may be a party, and in compliance with such rules and regulations as Landlord may reasonably make. Except for Landlord's negligence and willfull acts (subject, however, to the general contractor selected by Tenant waiver of subrogation elsewhere set-forth in this Lease), Landlord shall have no responsibility or liability whatsoever for any loss of or damage to any fixtures or other equipment or inventory installed or left in the Premises, and approved by Landlord ("Tenant's G.C.") performing entry on and occupancy of the Premises shall be governed by and subject to all the provisions, covenants and conditions of this Lease other than those requiring payment of Rent. Prior to commencing any construction work in the Premises, Tenant shall obtain a building permit and furnish a copy of same to Landlord. Tenant shall also obtain and furnish to Landlord, to be delivered not later than the end of Tenant's Work solely as an accommodation Period, lien waivers from all contractors, subcontractors and materialmen, and all licenses, certificates and approvals with respect to work done and installations made by Tenant that may be required from the Governmental Authorities with respect to Tenant's Work, use and occupancy. Tenant hereby acknowledges that Landlord is extremely concerned that the shall complete Tenant's Work be performed in a manner such as to minimize, and open for business to the maximum extent possible, interference with ongoing work in public not later than the Building being performed by Landlord, the use and enjoyment expiration of other space in the Building by other tenants and the continued and uninterrupted operation of all structural, mechanical and electrical components of the Building. Tenant further acknowledges that Landlord is vitally interested in maintaining the high quality, character and standards of the Building as a First Class Office/Research and Development Building and that but for the Tenant's assurances given below, Landlord would not enter this Lease nor permit Tenant to perform Tenant's Work using Period. Landlord and Tenant agree that the timely performance of Tenant's G.C. Accordingly, in order to provide Landlord with the assurances it requires in that regard and as obligations under this Article 2 is a material inducement to the Landlord to enter into this Lease, Tenant hereby covenants execution and agrees with Landlord as follows: In addition to and without limitation delivery of any other term, covenant, provision or condition contained in this Lease regarding alterations and improvements to be performed by Tenant, the Tenant, for itself and for Tenant's G.C. hereby covenants and agrees with Landlord that Tenant, Tenant's G.C., and all of their agents, servants and employees shall comply with all directions, orders, instructions, rules, directives and regulations now or hereafter implemented or made by Landlord's Construction Representative, including, without limitation, compliance with any request or order by Landlord's Construction Representative to cease and desist from performing any part of Tenant's Work. Landlord's Construction Representative shall not act in an arbitrary or capricious manner in exercising its rights under this clause. Landlord shall provide Tenant with specific guidelines relating to Tenant's Work and Tenant shall comply with such guidelines. All of Tenant's Work shall be coordinated with any work being performed by Landlord in the Building and in such a manner as to maintain harmonious labor relations and not damage the Property or interfere with the Building construction or operation or any other tenant or occupants of the Building. Tenant shall comply with the reasonable oral or written directions of the Landlord's Construction Representative with respect to the covenants of Tenant contained in the foregoing clause and if not corrected or completed to the reasonable satisfaction of the Landlord's Construction Representative within one hour after the giving of such notice then, Landlord shall have the right, but not the obligation, in addition to all other rights and remedies afforded the Landlord pursuant to this Lease, to seek and obtain specific performance of such covenants by way of injunctive relief or other equitable remedy. Tenant shall cause Tenant's G.C. to obtain and maintain (i) a payment and performance bond and (ii) a xxxx xxxx for the benefit of Landlord and Tenant in an amount which is equal to the costs of completing Tenant's Work. Tenant shall provide Landlord's Construction Representative with a copy of such bond and evidence of its effectiveness before commencing Tenant's Work.

Appears in 1 contract

Samples: Corporate Realty Consultants Inc

Performance of Tenant’s Work. Promptly after approval of the Plans (athe “Approved Plans”) Landlord shall not unreasonably withhold its consent to the general contractor selected and receipt by Tenant of all permits and approved approvals required for Tenant’s Work, Tenant shall commence and exercise all reasonable efforts to complete the work specified therein (“Tenant’s Work”). All of Tenant’s Work shall be completed in accordance with the Approved Plans and the requirements for alterations and improvements made by Landlord ("Tenant's G.C.") performing or on behalf of Tenant set forth in this Lease and in the Rules and Regulations. Tenant's Work solely as an accommodation to Tenant. Tenant hereby acknowledges that Landlord is extremely concerned that the Tenant's Work shall be performed in by a manner such as to minimize, to the maximum extent possible, interference with ongoing work in the Building being performed general contractor approved by Landlord, which approval shall not be unreasonably withheld or delayed, under a written construction contract. The approval by Landlord of Tenant's general contractor shall not impose upon Landlord any responsibility or liability whatsoever to Tenant as a result of, or arising out of, the use and enjoyment of defaults or other space in the Building by other tenants and the continued and uninterrupted operation of all structural, mechanical and electrical components acts or omissions of the Buildinggeneral contractor. Prior to commencing Tenant’s Work, Tenant further acknowledges that Landlord is vitally interested in maintaining the high quality, character shall obtain and standards of the Building as a First Class Office/Research and Development Building and that but for the Tenant's assurances given below, Landlord would not enter this Lease nor permit Tenant to perform Tenant's Work using Tenant's G.C. Accordingly, in order to provide Landlord with the assurances it requires in that regard copies of, all state, local and as a material inducement to the Landlord to enter into this Leaseother necessary permits and shall carry such insurance (naming Landlord, Tenant hereby covenants Landlord’s property manager, any Holder and agrees with any other parties reasonably designated by Landlord as follows: additional insureds) and obtain such payment, performance and lxxx xxxxx as Landlord shall reasonably require or other security reasonably designated by Landlord. In addition to and without limitation addition, Landlord may monitor the progress of any other term, covenant, provision or condition contained in this Lease regarding alterations and improvements to be performed by Tenant, the Tenant, for itself and for Tenant's G.C. hereby covenants and agrees with Landlord that Tenant, Tenant's G.C., and all of their agents, servants and employees shall comply with all directions, orders, instructions, rules, directives and regulations now or hereafter implemented or made by Landlord's Construction RepresentativeWork, including, without limitation, compliance with attend any request weekly or order other periodic job meetings. Any review and monitoring of Tenant’s Work by Landlord's Construction Representative Landlord shall not impose upon Landlord any responsibility or liability whatsoever to cease and desist from performing Tenant as a result of, or arising out of, Tenant’s Work. Within forty-five (45) days after completion of any part of Tenant's Work. Landlord's Construction Representative shall not act in an arbitrary or capricious manner in exercising its rights under this clause. Landlord , Tenant shall provide Tenant with specific guidelines relating to Tenant's Work and Tenant shall comply with such guidelines. All of Tenant's Work shall be coordinated with any work being performed by Landlord in the Building and in such a manner as to maintain harmonious labor relations and not damage the Property or interfere with the Building construction or operation or any other tenant or occupants "as-built" plans of the Building. Tenant shall comply with the reasonable oral or written directions of the Landlord's Construction Representative with respect to the covenants of Tenant contained in the foregoing clause and if not corrected or completed to the reasonable satisfaction of the Landlord's Construction Representative within one hour after the giving of such notice then, Landlord shall have the right, but not the obligation, in addition to all other rights and remedies afforded the Landlord pursuant to this Lease, to seek and obtain specific performance of such covenants by way of injunctive relief or other equitable remedy. Tenant shall cause Tenant's G.C. to obtain and maintain (i) a payment and performance bond and (ii) a xxxx xxxx for the benefit of Landlord and Tenant in an amount which is equal to the costs of completing Tenant's Work. Tenant shall provide LandlordLandlord with copies of the certificate of occupancy for any Tenant's Construction Representative with Work that requires a copy certificate of occupancy reasonably promptly after completion of such bond and evidence of its effectiveness before commencing Tenant's Work. Nothing herein shall be construed as permitting Tenant to occupy all or any portion of the Premises for which Tenant has not obtained a certificate of occupancy or otherwise failed to comply with applicable legal requirements. Landlord agrees to cooperate with Tenant in obtaining any certificate of occupancy, so long as Tenant reimburses any costs incurred by Landlord in connection therewith.

Appears in 1 contract

Samples: Lease (Howard Bancorp Inc)

Performance of Tenant’s Work. (a) Landlord shall not unreasonably withhold its consent to the general contractor selected by Tenant and Once Tenant’s Plans have been approved by Landlord ("Tenant's G.C.") performing Tenant's Work solely as an accommodation to Tenant. Tenant hereby acknowledges that Landlord is extremely concerned that the Tenant's Work be performed in a manner such as to minimize, to the maximum extent possible, interference with ongoing work in the Building being performed by Landlord, the use Tenant, at its sole cost and enjoyment of other space in the Building by other tenants expense (subject to Landlord’s Contribution), shall promptly, and the continued and uninterrupted operation of with all structuraldue diligence, mechanical and electrical components of the Building. Tenant further acknowledges that Landlord is vitally interested in maintaining the high quality, character and standards of the Building as a First Class Office/Research and Development Building and that but for the Tenant's assurances given below, Landlord would not enter this Lease nor permit Tenant to perform Tenant's ’s Work using as set forth on Tenant's G.C. Accordingly’s Plans, and, in order to provide Landlord with the assurances it requires in that regard and as a material inducement to the Landlord to enter into this Lease, Tenant hereby covenants and agrees with Landlord as follows: In addition to and without limitation of any other term, covenant, provision or condition contained in this Lease regarding alterations and improvements to be performed by Tenantconnection therewith, the Tenant, for itself Tenant shall obtain all necessary governmental permits and approvals for Tenant's G.C. hereby covenants and agrees with Landlord that Tenant, Tenant's G.C., and all of their agents, servants and employees shall comply with all directions, orders, instructions, rules, directives and regulations now or hereafter implemented or made by Landlord's Construction Representative, including, without limitation, compliance with any request or order by Landlord's Construction Representative to cease and desist from performing any part of Tenant's ’s Work. Landlord's Construction Representative shall not act in an arbitrary or capricious manner in exercising its rights under this clause. Landlord shall provide Tenant with specific guidelines relating to Tenant's Work and Tenant shall comply with such guidelines. All of Tenant's ’s Work shall be coordinated performed in accordance with any work being performed by Landlord the Plans and in the Building accordance with applicable Legal Requirements and Insurance Requirements and in such a manner as to maintain harmonious labor relations and not damage the Property or interfere with the Building construction or operation or any other tenant or occupants of the Buildingrelations. Tenant shall comply with have Tenant’s Work performed by contractors reasonably approved by Landlord, which contractors shall provide to Landlord such insurance as required by Section 13.14 of the reasonable oral Lease. In the event that Tenant’s use of any contractors for the performance of Tenant’s Work results in any Labor Disharmony that interrupts or written directions disrupts the progress or timely complete of the Landlord's Construction Representative with respect to the covenants of ’s Work, it shall constitute a Tenant contained in the foregoing clause and if not corrected or completed to the reasonable satisfaction of the Landlord's Construction Representative within one hour after the giving of such notice then, Delay. Landlord shall have the right, but not right to provide such reasonable rules and regulations relative to the obligation, in addition to all other rights and remedies afforded the Landlord pursuant to this Lease, to seek and obtain specific performance of such covenants by way of injunctive relief or Tenant’s Work and any other equitable remedy. work which the Tenant may perform under the Lease and Tenant shall abide by all such reasonable rules and regulations and shall cause Tenant's G.C. all of its contractors to obtain and maintain (i) a so abide including, without limitation, payment and performance bond and (ii) a xxxx xxxx for the benefit of Landlord and Tenant in an amount which is equal to the costs of completing using Building services (including, without limitation, those referenced in Paragraphs (F) and (G) of this Section 2.0). Notwithstanding the foregoing, Tenant will not be required to perform the Tenant's Work. Tenant shall provide ’s Work on an after-hours basis pursuant to any construction rules and regulations adopted by Landlord for the Building unless performing such work during Normal Building Operating Hours would interfere with or delay the performance of Landlord's Construction Representative with a copy of such bond and evidence of its effectiveness before commencing Tenant's ’s Work.

Appears in 1 contract

Samples: Lease (Markforged Holding Corp)

Performance of Tenant’s Work. After the Additional Premises Commencement Date, Landlord’s approval of the Plans (athe “Approved Plans”) and receipt by Tenant of all required permits and approvals, Tenant may commence and exercise all reasonable efforts to complete the work specified therein (“Tenant’s Work”). All of Tenant’s Work shall be completed in accordance with the Approved Plans and the requirements for Alterations set forth in this Lease and in the Building rules and regulations. Notwithstanding the foregoing, Tenant may make any changes in Tenant’s Work from the Approved Plans, the necessity or desirability of which becomes apparent following approval of the Approved Plans, upon prior written notice to Landlord for non-substantial changes (which approval shall not be unreasonably withhold its consent to withheld, conditioned or delayed) and with the general contractor selected by Tenant and approved by approval of Landlord for substantial changes ("Tenant's G.C.") performing which approval shall be in Landlord’s reasonable discretion). Tenant's Work solely as an accommodation to Tenant. Tenant hereby acknowledges that Landlord is extremely concerned that the Tenant's Work shall be performed in by a manner such as to minimize, to the maximum extent possible, interference with ongoing work in the Building being performed general contractor approved by Landlord, which approval shall not be unreasonably withheld or delayed, under a written construction contract. The approval by Landlord of Tenant's general contractor shall not impose upon Landlord any responsibility or liability whatsoever to Tenant as a result of, or arising out of, the use and enjoyment of defaults or other space in the Building by other tenants and the continued and uninterrupted operation of all structural, mechanical and electrical components acts or omissions of the Buildinggeneral contractor. Tenant further acknowledges that In addition, Landlord is vitally interested in maintaining may monitor the high quality, character and standards progress of the Building as a First Class Office/Research and Development Building and that but for the Tenant's assurances given below, Landlord would not enter this Lease nor permit Tenant to perform Tenant's Work using Tenant's G.C. Accordingly, in order to provide Landlord with the assurances it requires in that regard and as a material inducement to the Landlord to enter into this Lease, Tenant hereby covenants and agrees with Landlord as follows: In addition to and without limitation of any other term, covenant, provision or condition contained in this Lease regarding alterations and improvements to be performed by Tenant, the Tenant, for itself and for Tenant's G.C. hereby covenants and agrees with Landlord that Tenant, Tenant's G.C., and all of their agents, servants and employees shall comply with all directions, orders, instructions, rules, directives and regulations now or hereafter implemented or made by Landlord's Construction RepresentativeWork, including, without limitation, compliance with attend any request weekly or order other periodic job meetings. Any review and monitoring of Tenant’s Work by Landlord's Construction Representative Landlord shall not impose upon Landlord any responsibility or liability whatsoever to cease and desist from performing Tenant as a result of, or arising out of, Tenant’s Work. Within forty‑five (45) days after completion of any part of Tenant's Work. Landlord's Construction Representative shall not act in an arbitrary or capricious manner in exercising its rights under this clause. Landlord , Tenant shall provide Tenant with specific guidelines relating to Tenant's Work and Tenant shall comply with such guidelines. All of Tenant's Work shall be coordinated with any work being performed by Landlord in the Building and in such a manner as to maintain harmonious labor relations and not damage the Property or interfere with the Building construction or operation or any other tenant or occupants "as-built" plans of the Building. Tenant shall comply with the reasonable oral or written directions of the Landlord's Construction Representative with respect to the covenants of Tenant contained in the foregoing clause and if not corrected or completed to the reasonable satisfaction of the Landlord's Construction Representative within one hour after the giving of such notice then, Landlord shall have the right, but not the obligation, in addition to all other rights and remedies afforded the Landlord pursuant to this Lease, to seek and obtain specific performance of such covenants by way of injunctive relief or other equitable remedy. Tenant shall cause Tenant's G.C. to obtain and maintain (i) a payment and performance bond and (ii) a xxxx xxxx for the benefit of Landlord and Tenant in an amount which is equal to the costs of completing Tenant's Work. Tenant shall provide LandlordLandlord with copies of the certificate of occupancy for any Tenant's Construction Representative with Work that requires a copy certificate of occupancy reasonably promptly after completion of such bond and evidence of its effectiveness before commencing Tenant's Work. Nothing herein shall be construed as permitting Tenant to occupy all or any portion of the Additional Premises for which Tenant has not obtained a temporary or permanent certificate of occupancy or its functional equivalent from the City of Cambridge Inspectional Services Department or otherwise failed to comply with applicable legal requirements.

Appears in 1 contract

Samples: Lease (Akebia Therapeutics, Inc.)

Performance of Tenant’s Work. (a) Landlord Tenant shall not unreasonably withhold its consent to be fully responsible for the general contractor selected by Tenant and approved by Landlord ("performance of Tenant's G.C."Work. Tenant shall be responsible for, and shall pay on or before the dates when due, all costs and expenses related to Tenant's Work, including, but not limited to, architects' and engineers' fees and charges, permits and other governmental fees and charges and all direct and/or indirect construction costs. The contractor(s) performing Tenant's Work solely as an accommodation to Tenant. Tenant hereby acknowledges that Landlord is extremely concerned that the Tenant's Work shall be performed in a manner such as to minimize, subject to the maximum extent possible, interference with ongoing work in the Building being performed by prior written approval of Landlord, the use and enjoyment which approval shall not be unreasonably withheld, conditioned or delayed. Landlord hereby approves any of other space in the Building by other tenants and the continued and uninterrupted operation of all structuralSasso, mechanical and electrical components of the Building. Tenant further acknowledges that Landlord is vitally interested in maintaining the high qualityJohn Moriarty & Associates, character and standards of the Building Shawmut Design & Construction, Xxxxer Xxxxxxxxxxxx or The Richmond Company as a First Class Office/Research and Development Building and that but for the Tenant's assurances given below, Landlord would not enter this Lease nor permit Tenant contractor to perform Tenant's Work using Tenant's G.C. Accordingly, in order to provide Landlord with the assurances it requires in that regard and as a material inducement to the Landlord to enter into this Lease, Tenant hereby covenants and agrees with Landlord as follows: In addition to and without limitation of any other term, covenant, provision or condition contained in this Lease regarding alterations and improvements to be performed by Tenant, the Tenant, for itself and for Tenant's G.C. hereby covenants and agrees with Landlord that Tenant, Tenant's G.C., and all of their agents, servants and employees shall comply with all directions, orders, instructions, rules, directives and regulations now or hereafter implemented or made by Landlord's Construction Representative, including, without limitation, compliance with any request or order by Landlord's Construction Representative to cease and desist from performing any part of pexxxxx Tenant's Work. Landlord's Construction Representative shall not act in an arbitrary or capricious manner in exercising its rights under this clause. Landlord shall provide Tenant with specific guidelines relating to may commence Tenant's Work and Tenant shall comply with such guidelinesafter Landlord has achieved Partial Completion. All of Tenant's Work shall be coordinated done in a good and workmanlike manner using new and high quality materials, in accordance with any work being performed by Landlord in the Building provisions of all Legal Requirements and insurance requirements applicable thereto and in such a manner as to maintain harmonious labor relations and not damage the Property or interfere accordance with the Building construction or operation or any other tenant or occupants requirements of the BuildingSection 7.5. Tenant shall comply with the reasonable oral or written directions of the Landlord's Construction Representative with respect to the covenants of Tenant contained in the foregoing clause at its sole cost and if not corrected or completed to the reasonable satisfaction of the Landlord's Construction Representative within one hour after the giving of such notice then, Landlord shall have the right, but not the obligation, in addition to expense do all work necessary and take all other rights and remedies afforded the Landlord pursuant to this Lease, to seek and obtain specific performance of such covenants by way of injunctive relief or other equitable remedy. Tenant shall cause Tenant's G.C. steps required in order to obtain and maintain a certificate of occupancy for such portions of the Premises as Tenant intends to occupy from time to time; provided, however, that Landlord shall be responsible for compliance of Landlord's Work with Legal Requirements. Landlord may conduct such inspections of Tenant's Work as Landlord, in its sole discretion, determines. In addition to amounts payable pursuant to Section 3.3(a)(iii), Tenant shall pay to Landlord the sum of 2.5% of the cost of Tenant's Work to compensate Landlord for its time and expenses in connection with the inspection and review of Tenant's Work (i) a payment such amount to be paid monthly based upon costs incurred); provided, however, that the maximum amount that Tenant shall be required to pay to Landlord under this sentence shall be $250,000. All such inspections and performance bond and (ii) a xxxx xxxx reviews are for the sole benefit of Landlord and Landlord shall have no liability or obligation to Tenant in an amount which is equal or any other Person with respect to the costs of completing Tenant's Work. Tenant shall provide Landlord's Construction Representative with a copy of such bond and evidence of its effectiveness before commencing Tenant's WorkWork or the performance thereof.

Appears in 1 contract

Samples: Lease (Antigenics Inc /De/)

Performance of Tenant’s Work. (a) Landlord Tenant shall not unreasonably withhold its consent effect any Tenant's Work (or any alterations or additions to the general contractor selected Premises after performance of Tenant's Work) that might (i) diminish the value of the Premises for laboratory/office use, or (ii) require any unusual expense to re-adapt the Premises for any laboratory/office use. Tenant's Work shall be performed in accordance with complete, consistent, final construction drawings and specifications ("Construction Documents") approved in advance by Tenant Landlord in writing, which approval shall not be unreasonably withheld. The Construction Documents shall be prepared and stamped by Tenant's Architect and approved by Landlord in writing. Landlord reserves the right to reject, in whole or in part, the Construction Documents which in its reasonable opinion fail to comply with the provisions of this Lease within fifteen (15) business days of its receipt thereof (the "Review Period"). The Review Period shall not commence unless and until Tenant delivers a complete set of Construction Documents. If Landlord shall disapprove the Construction Documents, it shall state specifically the reasons therefor, and Tenant shall promptly revise and resubmit the Construction Documents. If Landlord fails to respond to Tenant's G.C.") performing request for approval of the Construction Documents within the Review Period then the Construction Documents shall be deemed approved. Tenant shall be solely responsible for the liabilities of and expenses of all architectural and engineering services relating to Tenant's Work solely as an accommodation to Tenant. and for the adequacy, accuracy, and completeness of the Construction Documents approved by Landlord unless Tenant hereby acknowledges elects that Landlord is extremely concerned that advance the Tenant Allowance (and if so elected, then only to the extent of the Tenant Allowance). The Construction Documents (i) shall set forth in detail the requirements for construction of the Tenant's Work (including all architectural, mechanical, electrical and structural drawings and detailed specifications), (ii) shall be performed fully coordinated with one another and with field conditions as they exist in a manner such as the Premises and elsewhere in the Building, and (iii) shall show all work necessary to minimizecomplete the Tenant's Work including all cutting, fitting, and patching and all connections to the maximum extent possible, interference with ongoing work in the Building being performed by Landlord, the use and enjoyment of other space in the Building by other tenants and the continued and uninterrupted operation of all structural, mechanical and electrical systems and components of the Building. Tenant further acknowledges that agrees to hold Landlord is vitally interested harmless if any Tenant's Work described in maintaining the high qualityConstruction Documents (a) fails to comply with all applicable laws, character regulations, building codes, and standards building design standards, (b) in any manner affects any structural component of the Building as a First Class Office/Research and Development Building and that but for the Tenant's assurances given below, Landlord would not enter this Lease nor permit Tenant to perform Tenant's Work using Tenant's G.C. Accordingly, in order to provide Landlord with the assurances it requires in that regard and as a material inducement to the Landlord to enter into this Lease, Tenant hereby covenants and agrees with Landlord as follows: In addition to and without limitation of any other term, covenant, provision or condition contained in this Lease regarding alterations and improvements to be performed by Tenant, the Tenant, for itself and for Tenant's G.C. hereby covenants and agrees with Landlord that Tenant, Tenant's G.C., and all of their agents, servants and employees shall comply with all directions, orders, instructions, rules, directives and regulations now or hereafter implemented or made by Landlord's Construction Representative, (including, without limitation, exterior walls, exterior windows, core walls, roofs or floor slabs), (c) in any respect is incompatible with the electrical and mechanical components and systems of the Building, (d) affects the exterior of the Building, (e) fails to conform to floor loading limits, and (f) with respect to all materials, equipment and special designs, processes, or products, infringes on any patent or other proprietary rights of others. Landlord's approval or deemed approval of the Construction Documents and the performance of Tenant's Work pursuant to the Construction Documents shall not result in any liability of Landlord, except to the extent that Tenant elects to have Landlord advance the Tenant Allowance, and Landlord's approval of Construction Documents shall signify only Landlord's consent to Tenant's Work shown thereon and shall not result in any responsibility of Landlord concerning compliance of Tenant's Work with laws, regulations, or codes, coordination of any aspect of Tenant's Work with any request or order by Landlord's Construction Representative to cease and desist from performing any part other aspect of Tenant's Work, or the feasibility of constructing Tenant's Work without material damage or harm to the Building, all of which shall be the sole responsibility of Tenant. LandlordAfter Tenant's Construction Representative shall not act in an arbitrary or capricious manner in exercising its rights under this clause. Contractor has been approved, then the same may thereafter be used by Tenant until Landlord shall provide notifies Tenant with specific guidelines relating that Tenant's Contractor is no longer approved due to Tenant's Work and Tenant shall Contractor's failure to comply with such guidelines. All of Tenant's Work shall be coordinated with in any work being performed by Landlord in the Building and in such a manner as to maintain harmonious labor relations and not damage the Property or interfere material respect with the Building construction or operation or any other tenant or occupants requirements of the BuildingConstruction Documents and/or this Lease. Tenant shall comply with the reasonable oral or written directions of the Landlord's Construction Representative with respect to the covenants of Tenant contained in the foregoing clause procure all necessary governmental permits, licenses and if not corrected or completed to the reasonable satisfaction of the Landlord's Construction Representative within one hour after the giving of such notice then, Landlord shall have the right, but not the obligation, in addition to all other rights and remedies afforded the Landlord pursuant to this Lease, to seek and obtain specific performance of such covenants by way of injunctive relief or other equitable remedy. Tenant shall cause Tenant's G.C. to obtain and maintain (i) a payment and performance bond and (ii) a xxxx xxxx for the benefit of Landlord and Tenant in an amount which is equal to the costs of completing approvals before undertaking any Tenant's Work. Tenant shall provide perform all Tenant's Work at Tenant's risk in compliance with all applicable laws, codes and regulations and in a good and workmanlike manner employing new materials of good quality. When any Tenant's Work is in progress, Tenant shall cause to be maintained (i) insurance as may be required by Landlord covering any additional hazards due to such Tenant Work, and (ii) a statutory xxxx xxxx pursuant to M.G.L. c.254, ss.12 or any successor statute (or such other protection of Landlord's Construction Representative with interest in the Building and Lot against liens as Landlord may reasonably require), in each case for the benefit of Landlord. It shall be a copy condition of Landlord's approval of any Tenant's Work that certificates of such bond insurance and evidence a xxxx xxxx in recordable form, both issued by responsible insurance companies qualified to do business in Massachusetts and reasonably approved by Landlord, shall have been deposited with Landlord, that Tenant has provided Tenant's certification of its effectiveness before commencing the insurable value of the work in question for casualty insurance purposes, and that all of the other conditions of the Lease have been satisfied. Tenant shall reimburse up to $10,000.00 for Landlord's reasonable costs of reviewing proposed Tenant's Work and inspecting installation of the same PROVIDED HOWEVER, that if Tenant elects to have Landlord advance the Tenant Allowance, such costs may be paid from the Tenant Allowance. At all times while performing Tenant's Work, Tenant shall require any Tenant's Contractor to comply with all applicable laws, regulations, permits and policies relating to such work. In performing Tenant's Work, each Tenant's Contractor shall comply with Landlord's requirements set forth in Section 3.2.1, the first paragraph of Section 3.3, Section 5.1.5 and Section 5.2.3 hereof relating to the time and methods for such work, use of delivery elevators and other Building facilities and each Tenant's Contractor shall not interfere or disrupt Landlord's Contractor. Each Tenant's Contractor shall in all events work on the Premises without causing labor disharmony, coordination difficulties, or delay or impair any guaranties, warranties or obligations of any contractors of Landlord. If any Tenant's Contractor uses any Building services or facilities, such Contractor, jointly and severally with Tenant, shall agree to reimburse Landlord for the cost thereof based on Landlord's schedule of charges established from time to time (and if no such charges have been established, then based on Landlord's reasonable charge established at the time). Each Tenant's Contractor shall, by entry into the Building, be deemed to have agreed to indemnify and hold Landlord harmless from any claim, loss or expense arising in whole or in part out of any act or neglect committed by such person while in the Building, to the same extent as Tenant has so agreed in this Lease, the indemnities of Tenant and Tenant's Contractor to be joint and several. Tenant shall pay on or prior to date when any such payment is due, either from its own funds or from the Tenant Allowance if Tenant elects to have Landlord advance the Tenant Allowance, the entire cost of all Tenant's Work so that the Premises shall always be free of liens for labor or materials. If any mechanic's lien (which term shall include all similar liens relating to the furnishing of labor and materials) is filed against the Premises or the Building or any part thereof which is claimed to be attributable to Tenant, its agents, employees or contractors, Tenant shall promptly discharge the same by payment or filing any necessary bond within thirty (30) days after Tenant has notice (from any source) of such mechanic's lien. Landlord may, as a condition of its approval of any Tenant's Work, require Tenant to deposit with Landlord a bond, letter of credit or other similar security in the amount of Landlord's reasonable estimate of the value of such Work securing Tenant's obligations to make payments for such Work. Landlord shall permit Tenant and Tenant's Contractor access to the Premises prior to the Commencement Date for the performance of Tenant's Work if Tenant employs Landlord's Contractor or another contractor approved by Landlord for the performance of Tenant's Work and if the concurrent performance of the Base Building Improvements and Tenant's Work will not delay the Substantial Completion Date. Subject to the foregoing, Landlord shall cooperate with Tenant's Contractor in connection with Tenant's Work. If Tenant elects to have Landlord advance the Tenant Allowance, Tenant shall provide Landlord with a budget and copies of all contracts entered into with respect to Tenant's Work and such other information as Landlord reasonably may request. The Tenant Allowance shall be advanced to Tenant by Landlord no more frequently than monthly against costs then incurred but unpaid by Tenant with respect to Tenant's Work. The Tenant Allowance shall be advanced to Tenant in the proportion which the Tenant Allowance bears to Tenant's budget, as the same may be updated, for Tenant's Work. Tenant shall make application to Landlord for an advance of the Tenant Allowance at least ten (10) business days prior to the date upon which an advance is to be made. Such application shall be on such form or forms as Landlord reasonably may require, and shall be accompanied by invoices, receipts, lien waivers and such other documents as Landlord reasonably may require.

Appears in 1 contract

Samples: Vertex Pharmaceuticals Inc / Ma

Performance of Tenant’s Work. (a) Landlord shall not unreasonably withhold its consent to the general contractor selected by Tenant and approved by Landlord ("Tenant's G.C.") performing Tenant's Work solely as an accommodation to Tenant. Tenant hereby acknowledges that Landlord is extremely concerned that On the Tenant's Work be performed Date, Tenant shall, with due diligence, commence Tenant's Work and install its fixtures in a manner such as accordance with the plans and specifications theretofore submitted to minimize, to the maximum extent possible, interference with ongoing work in the Building being performed and approved by Landlord, in accordance with the use laws, rules, regulations and enjoyment orders of all governmental authorities having jurisdiction thereof and without interferences with other space work being done in the Building by other tenants building and in compliance with all reasonable rules which Landlord and its contractors may make, and employ only the continued appropriate labor and uninterrupted operation of all structural, mechanical and electrical components of the Buildingnot cause any conflict with any union contract to which Landlord or its contractor or subcontractors may be a party. Tenant further acknowledges that Landlord is vitally interested in maintaining the high quality, character and standards of the Building as a First Class Office/Research and Development Building and that but for the Tenant's assurances given below, Landlord would not enter this Lease nor shall permit Tenant to perform do Tenant's Work using and install Tenant's G.C. Accordinglyfixtures prior to Tenant's Work Date, in order to provide Landlord provided same does not interfere with Landlord's Work, or with the assurances it requires rights of any person or entity then occupying the Demised Premises. Landlord shall have no responsibility for any loss of or damage to any of Tenant's fixtures or property so installed or left in that regard the Demised Premises and as a material inducement Tenant's entry prior to the Landlord Commencement Date shall be subject to enter into all of the provisions of this Lease, other than the requirements for payment of rent or additional charges (which shall not commence until the Commencement Date). Tenant hereby covenants and agrees with shall furnish Landlord as follows: In addition to and without limitation of any other term, covenant, provision or condition contained in this Lease regarding alterations and improvements to be performed by Tenant, the Tenant, for itself and for Tenant's G.C. hereby covenants and agrees with Landlord that Tenant, Tenant's G.C., and all of their agents, servants and employees shall comply with all directions, orders, instructions, rules, directives certificates and regulations now or hereafter implemented or made by Landlord's Construction Representative, including, without limitation, compliance with any request or order by Landlord's Construction Representative to cease and desist from performing any part of Tenant's Work. Landlord's Construction Representative shall not act in an arbitrary or capricious manner in exercising its rights under this clause. Landlord shall provide Tenant with specific guidelines approvals relating to Tenant's Work which may be required by any governmental authority for the issuance of a certificate of occupancy or other approval of the building in which the Demised Premises are located, or by the Board of Fire Underwriters of the State of New Jersey or the National Board of Fire Underwriters or other similar body or bodies having jurisdiction, and Tenant Landlord shall comply with such guidelinesthen procure a certificate of occupancy. All of Tenant's Work taking possession of the Demised Premises shall be coordinated with any work being performed by Landlord conclusive evidence that the Demised Premises were then in the Building good and in such a manner as to maintain harmonious labor relations and not damage the Property or interfere with the Building construction or operation or any other tenant or occupants of the Building. Tenant shall comply with the reasonable oral or written directions of the Landlord's Construction Representative with respect to the covenants of Tenant contained in the foregoing clause and if not corrected or completed to the reasonable satisfaction of the Landlord's Construction Representative within one hour after the giving of such notice then, Landlord shall have the right, but not the obligation, in addition to all other rights and remedies afforded the Landlord pursuant to this Lease, to seek and obtain specific performance of such covenants by way of injunctive relief or other equitable remedy. Tenant shall cause Tenant's G.C. to obtain and maintain (i) a payment and performance bond and (ii) a xxxx xxxx for the benefit of Landlord and Tenant in an amount which is equal to the costs of completing Tenant's Work. Tenant shall provide Landlord's Construction Representative with a copy of such bond and evidence of its effectiveness before commencing Tenant's Worksatisfactory condition.

Appears in 1 contract

Samples: Lease Agreement (Central Jersey Bancorp)

Performance of Tenant’s Work. Tenant shall not unreasonably disrupt other tenants of the Building during the build-out and installation of Tenant’s Work. Tenant’s Work shall be performed: (a) Landlord shall not unreasonably withhold its consent to the general contractor selected by Tenant and approved by Landlord ("Tenant's G.C.") performing Tenant's Work solely as an accommodation to Tenant. Tenant hereby acknowledges that Landlord is extremely concerned that the Tenant's Work be performed in a manner such as to minimizethoroughly first class, to professional and workmanlike manner, (b) only with materials that are new, high quality, and free of known material defects, (c) strictly in accordance with the maximum extent possible, interference with ongoing work in the Building being performed Final Plans approved by Landlord, (d) so as not to adversely affect the use Systems and enjoyment Equipment or the structure of other space in the Building by or the Project, (e) diligently to completion and so as to avoid any unreasonable disturbance, disruption or inconvenience to other tenants and the continued and uninterrupted operation of all structural, mechanical and electrical components of the Building, (f) in compliance with all Laws and other provisions of this Lease, and (g) in compliance with such other reasonable requirements as Landlord may impose concerning the manner and times in which such Tenant’s Work shall be done. Any floor, wall or ceiling coring work or penetrations or use of noisy or heavy equipment which may unreasonably interfere with the conduct of business by other tenants shall, at Landlord’s option, be performed at times other than Landlord’s normal business hours at Tenant’s sole cost. If Tenant further acknowledges that Landlord is vitally interested in maintaining the high quality, character and standards of the Building as a First Class Office/Research and Development Building and that but for the Tenant's assurances given below, Landlord would not enter this Lease nor permit Tenant fails to perform Tenant's ’s Work using Tenant's G.C. Accordingly, in order as required herein or the materials supplied fail to provide Landlord comply herewith or with the assurances it requires in that regard and as a material inducement to the Landlord to enter into this Lease, Tenant hereby covenants and agrees with Landlord as follows: In addition to and without limitation of any other term, covenant, provision or condition contained in this Lease regarding alterations and improvements to be performed specifications approved by Tenant, the Tenant, for itself and for Tenant's G.C. hereby covenants and agrees with Landlord that Tenant, Tenant's G.C.Landlord, and all of their agents, servants and employees shall comply with all directions, orders, instructions, rules, directives and regulations now or hereafter implemented or made Tenant fails to cure such failure within ten business days after notice by Landlord's Construction Representative, including, without limitation, compliance with any request or order by Landlord's Construction Representative to cease and desist from performing any part of Tenant's Work. Landlord's Construction Representative Landlord (except notice shall not act be required in an arbitrary or capricious manner in exercising its rights under this clause. Landlord shall provide Tenant with specific guidelines relating to Tenant's Work and Tenant shall comply with such guidelines. All of Tenant's Work shall be coordinated with any work being performed by Landlord in the Building and in such a manner as to maintain harmonious labor relations and not damage the Property or interfere with the Building construction or operation or any other tenant or occupants of the Building. Tenant shall comply with the reasonable oral or written directions of the Landlord's Construction Representative with respect to the covenants of Tenant contained in the foregoing clause and if not corrected or completed to the reasonable satisfaction of the Landlord's Construction Representative within one hour after the giving of such notice thenemergencies), Landlord shall have the right, but right to stop Tenant’s Work until such failure is cured (which shall not the obligation, be in addition to all limitation of Landlord’s other rights and remedies afforded the Landlord pursuant to this Lease, to seek and obtain specific performance of such covenants by way of injunctive relief or other equitable remedyremedies). Tenant shall cause Tenant's G.C. to obtain and maintain (i) a payment and performance bond and (ii) a xxxx xxxx for the benefit of Landlord and Tenant in an amount which is equal to the costs of completing Tenant's Work. Tenant shall provide Landlord's Construction Representative with a copy of such bond and evidence of its effectiveness before commencing Tenant's Work.9.7

Appears in 1 contract

Samples: Purchase and Sale Agreement

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Performance of Tenant’s Work. Promptly after Landlord’s approval of the Plans therefor (athe “Approved Plans”) Landlord shall not unreasonably withhold its consent to the general contractor selected and receipt by Tenant of all required permits and approved by Landlord approvals, Tenant shall commence and exercise all reasonable efforts to complete Tenant’s Expansion Premises A Work or Tenant’s Expansion Premises B Work, as the case may be ("each referred to for purposes of this Section as “Tenant's G.C."’s Work”) performing Tenant's Work solely as an accommodation to Tenant. Tenant hereby acknowledges that Landlord is extremely concerned that the Tenant's Work shall be performed in by a manner such as to minimize, to the maximum extent possible, interference with ongoing work in the Building being performed general contractor reasonably approved by Landlord, such approval not to be unreasonably withheld, conditioned or delayed, under a written construction contract. The approval by Landlord of Tenant's general contractor shall not impose upon Landlord any responsibility or liability whatsoever to Tenant as a result of, or arising out of, the use and enjoyment of defaults or other space in the Building by other tenants and the continued and uninterrupted operation of all structural, mechanical and electrical components acts or omissions of the Buildinggeneral contractor. Prior to commencing Tenant’s Work, Tenant further acknowledges that Landlord is vitally interested in maintaining the high quality, character shall obtain and standards of the Building as a First Class Office/Research and Development Building and that but for the Tenant's assurances given below, Landlord would not enter this Lease nor permit Tenant to perform Tenant's Work using Tenant's G.C. Accordingly, in order to provide Landlord with copies of, all state, local and other necessary permits and shall carry such insurance and require its contractors to carry such insurance as is required under the assurances it requires in that regard Lease (naming Landlord, Landlord’s property manager, any holder of any Security Document and as a material inducement to the Landlord to enter into this Lease, Tenant hereby covenants and agrees with any other parties reasonably designated by Landlord as follows: additional insureds) and shall deliver insurance certificates with respect to such insurance. In addition to and without limitation addition, Landlord may reasonably monitor the progress of any other term, covenant, provision or condition contained in this Lease regarding alterations and improvements to be performed by Tenant, the Tenant, for itself and for Tenant's G.C. hereby covenants and agrees with Landlord that Tenant, Tenant's G.C., and all of their agents, servants and employees shall comply with all directions, orders, instructions, rules, directives and regulations now or hereafter implemented or made by Landlord's Construction RepresentativeWork, including, without limitation, compliance with attend any request weekly or order other periodic job meetings. Any review and monitoring of Tenant’s Work by Landlord shall not impose upon Landlord any responsibility or liability whatsoever to Tenant as a result of, or arising out of, Tenant’s Work. Tenant shall pay to Landlord's Construction Representative to cease , as additional rent, the reasonable costs of Landlord’s third party engineers and desist other third party consultants (but not Landlord’s on-site management personnel) for the cost of monitoring Tenant’s Work and for the cost of review of all plans, specifications and working drawings for the Tenant’s Work, within ten (10) business days after Tenant’s receipt of invoices either from performing Landlord or such consultants. Within forty‑five (45) days after completion of any part of Tenant's Work. Landlord's Construction Representative shall not act in an arbitrary or capricious manner in exercising its rights under this clause. Landlord , Tenant shall provide Tenant with specific guidelines relating to Tenant's Work and Tenant shall comply with such guidelines. All of Tenant's Work shall be coordinated with any work being performed by Landlord in the Building and in such a manner as to maintain harmonious labor relations and not damage the Property or interfere with the Building construction or operation or any other tenant or occupants "as-built" plans of the Building. Tenant shall comply with the reasonable oral or written directions of the Landlord's Construction Representative with respect to the covenants of Tenant contained in the foregoing clause and if not corrected or completed to the reasonable satisfaction of the Landlord's Construction Representative within one hour after the giving of such notice then, Landlord shall have the right, but not the obligation, in addition to all other rights and remedies afforded the Landlord pursuant to this Lease, to seek and obtain specific performance of such covenants by way of injunctive relief or other equitable remedy. Tenant shall cause Tenant's G.C. to obtain and maintain (i) a payment and performance bond and (ii) a xxxx xxxx for the benefit of Landlord and Tenant in an amount which is equal to the costs of completing Tenant's Work. Tenant shall provide LandlordLandlord with copies of the certificate of occupancy for any Tenant's Construction Representative with Work that requires a copy certificate of occupancy reasonably promptly after completion of such bond and evidence of its effectiveness before commencing Tenant's Work.

Appears in 1 contract

Samples: Lease (Karuna Therapeutics, Inc.)

Performance of Tenant’s Work. (a) Landlord shall not unreasonably withhold its consent to the general contractor selected by Tenant and approved by Landlord ("Tenant's G.C.") performing Tenant's Work solely as an accommodation to Tenant. Tenant hereby acknowledges that Landlord is extremely concerned that the Tenant's Work be performed in a manner such as to minimize, to the maximum extent possible, interference with ongoing work in the Building being performed by Landlord, the use and enjoyment of other space in the Building by other tenants and the continued and uninterrupted operation of all structural, mechanical and electrical components of the Building. Tenant further acknowledges that Landlord is vitally interested in maintaining the high quality, character and standards of the Building as a First Class Office/Research and Development Building and that but Except for the Tenant's assurances given below, Landlord would not enter this Lease nor permit Tenant to perform Tenant's Work using Tenant's G.C. Accordingly, in order to provide Landlord with the assurances it requires in that regard and as a material inducement to the Landlord to enter into this Lease, Tenant hereby covenants and agrees with Landlord as follows: In addition to and without limitation of any other term, covenant, provision or condition contained in this Lease regarding alterations and improvements Base Building Improvements to be performed by Landlord in accordance with the Final Design Documents as affected by Change Orders, all of Tenant's initial interior improvements, fixtures, finishes, furnishings, furniture, telephones, movable equipment and signs visible from the exterior of the Building (collectively, "Tenant's Work"), shall be performed at the sole cost and expense of Tenant, provided however, that subject to this Section 3.2.1 Landlord shall advance up to the Tenant, for itself and for amount of the Tenant Allowance if Tenant elects to have Landlord advance the Tenant Allowance. Tenant's G.C. hereby covenants and agrees with Landlord that Tenant, Tenant's G.C., and all of their agents, servants and employees Representative shall comply with all directions, orders, instructions, rules, directives and regulations now or hereafter implemented or made by Landlord's Construction Representative, including, without limitation, compliance with any request or order by Landlord's Construction Representative to cease and desist from performing any part of serve as construction manager for Tenant's Work. Landlord's Construction Representative shall not act in an arbitrary or capricious manner in exercising its rights under this clause. Landlord shall provide Tenant with specific guidelines relating to Tenant's Work and Tenant shall comply with such guidelines. All performance of Tenant's Work shall be coordinated with any work being performed by Landlord in the Building and in such a manner as to maintain harmonious labor relations during the performance of the Base Building Improvements and not to damage the Property Building or Lot or interfere with Building or Lot operations. All work described in Tenant's Work shall be performed by Landlord's Contractor (if Tenant enters into a contract with Landlord's Contractor for the initial Tenant's Work) or by a contractor selected by Tenant and approved by Landlord, which approval shall not be unreasonably withheld ("Tenant's Contractor"). The performance of Tenant's Work in accordance with this Lease shall not be deemed to be a violation of the Permitted Uses of the Premises. Except as set forth in Sections 3.3 and 5.1.10 hereof and Exhibit E hereto, all Tenant's Work shall become a part of the Premises and upon termination of this Lease shall be considered to be the property of the Landlord. Tenant shall not effect any Tenant's Work (or any alterations or additions to the Premises after performance of Tenant's Work) that might (i) diminish the value of the Premises for laboratory/office use, or (ii) require any unusual expense to re-adapt the Premises for any laboratory/office use. Tenant's Work shall be performed in accordance with complete, consistent, final construction drawings and specifications ("Construction Documents") approved in advance by Landlord in writing, which approval shall not be unreasonably withheld. The Construction Documents shall be prepared and stamped by Tenant's Architect and approved by Landlord in writing. Landlord reserves the right to reject, in whole or in part, the Construction Documents which in its reasonable opinion fail to comply with the provisions of this Lease within fifteen (15) business days of its receipt thereof (the "Review Period"). The Review Period shall not commence unless and until Tenant delivers a complete set of Construction Documents. If Landlord shall disapprove the Construction Documents, it shall state specifically the reasons therefor, and Tenant shall promptly revise and resubmit the Construction Documents. If Landlord fails to respond to Tenant's request for approval of the Construction Documents within the Review Period then the Construction Documents shall be deemed approved. Tenant shall be solely responsible for the liabilities of and expenses of all architectural and engineering services relating to Tenant's Work and for the adequacy, accuracy, and completeness of the Construction Documents approved by Landlord unless Tenant elects that Landlord advance the Tenant Allowance (and if so elected, then only to the extent of the Tenant Allowance). The Construction Documents (i) shall set forth in detail the requirements for construction of the Tenant's Work (including all architectural, mechanical, electrical and structural drawings and detailed specifications), (ii) shall be fully coordinated with one another, with field conditions as they exist in the Premises and elsewhere in the Building construction or operation or any other tenant or occupants and the Final Design Documents, and (iii) shall show all work necessary to complete the Tenant's Work including all cutting, fitting, and patching and all connections to the mechanical and electrical systems and components of the Building. Tenant shall agrees to hold Landlord harmless if any Tenant's Work described in the Construction Documents (a) fails to comply with the reasonable oral or written directions all applicable laws, regulations, building codes, and building design standards, (b) in any manner affects any structural component of the Landlord's Construction Representative Building (including, without limitation, exterior walls, exterior windows, core walls, roofs or floor slabs), (c) in any respect is incompatible with the electrical and mechanical components and systems of the Building, (d) affects the exterior of the Building, (e) fails to conform to floor loading limits, and (f) with respect to all materials, equipment and special designs, processes, or products, infringes on any patent or other proprietary rights of others. Landlord's approval or deemed approval of the covenants Construction Documents and the performance of Tenant contained in the foregoing clause and if not corrected or completed Tenant's Work pursuant to the reasonable satisfaction Construction Documents shall not result in any liability of Landlord, except to the extent that Tenant elects to have Landlord advance the Tenant Allowance, and Landlord's approval of Construction Documents shall signify only Landlord's consent to Tenant's Work shown thereon and shall not result in any responsibility of Landlord concerning compliance of Tenant's Work with laws, regulations, or codes, coordination of any aspect of Tenant's Work with any other aspect of Tenant's Work, or the feasibility of constructing Tenant's Work without material damage or harm to the Building, all of which shall be the sole responsibility of Tenant. After Tenant's Contractor has been approved, then the same may thereafter be used by Tenant until Landlord notifies Tenant that Tenant's Contractor is no longer approved due to Tenant's Contractor's failure to comply in any material respect with the requirements of the Landlord's Construction Representative within one hour after the giving of such notice then, Landlord shall have the right, but not the obligation, in addition to all other rights and remedies afforded the Landlord pursuant to Documents and/or this Lease, to seek and obtain specific performance of such covenants by way of injunctive relief or other equitable remedy. Tenant shall cause Tenant's G.C. to obtain procure all necessary governmental permits, licenses and maintain (i) a payment and performance bond and (ii) a xxxx xxxx for the benefit of Landlord and Tenant in an amount which is equal to the costs of completing approvals before undertaking any Tenant's Work. Tenant shall provide perform all Tenant's Work at Tenant's risk in compliance with all applicable laws, codes and regulations and in a good and workmanlike manner employing new materials of good quality. When any Tenant's Work is in progress, Tenant shall cause to be maintained (i) insurance as may be required by Landlord covering any additional hazards due to such Tenant Work, and (ii) a statutory lien bond pursuant to M.G.L. c.254, Section 12 or any successor statxxx (xx xuch other protection of Landlord's Construction Representative with interest in the Building and Lot against liens as Landlord may reasonably require), in each case for the benefit of Landlord. It shall be a copy condition of Landlord's approval of any Tenant's Work that certificates of such insurance and a lien bond in recordable form, both issued by responsible insurance cxxxxxxxx qualified to do business in Massachusetts and evidence reasonably approved by Landlord, shall have been deposited with Landlord, that Tenant has provided Tenant's certification of its effectiveness before commencing the insurable value of the work in question for casualty insurance purposes, and that all of the other conditions of the Lease have been satisfied. Tenant shall reimburse up to $10,000.00 for Landlord's reasonable costs of reviewing proposed Tenant's Work and inspecting installation of the same, provided however, that if Tenant elects to have Landlord advance the Tenant Allowance, such costs may be paid from the Tenant Allowance. At all times while performing Tenant's Work, Tenant shall require any Tenant's Contractor to comply with all applicable laws, regulations, permits and policies relating to such work. In performing Tenant's Work, each Tenant's Contractor shall comply with the Development Approvals, the Subsequent Approvals (in each case to the extent applicable), Landlord's requirements set forth in Section 3.2.1, the first paragraph of Section 3.3, Section 5.1.5 and Section 5.2.3 hereof relating to the time and methods for such work, use of delivery elevators and other Building facilities and each Tenant's Contractor shall not interfere or disrupt Landlord's Contractor. Each Tenant's Contractor shall in all events work on the Premises without causing labor disharmony, coordination difficulties, or delay, and without impairing any guaranties, warranties or obligations of any contractors of Landlord. If any Tenant's Contractor uses any Building services or facilities, such Contractor, jointly and severally with Tenant, shall agree to reimburse Landlord for the cost thereof based on Landlord's schedule of charges established from time to time (and if no such charges have been established, then based on Landlord's reasonable charge established at the time). Each Tenant's Contractor shall, by entry into the Building, be deemed to have agreed to indemnify and hold Landlord harmless from any claim, loss or expense arising in whole or in part out of any act or neglect committed by such person while in the Building, to the same extent as Tenant has so agreed in this Lease, the indemnities of Tenant and Tenant's Contractor to be joint and several. Tenant shall pay on or prior to date when any such payment is due, either from its own funds or from the Tenant Allowance if Tenant elects to have Landlord advance the Tenant Allowance, the entire cost of all Tenant's Work so that the Premises shall always be free of liens for labor or materials. If any mechanic's lien (which term shall include all similar liens relating to the furnishing of labor and materials) is filed against the Premises or the Building or any part thereof which is claimed to be attributable to Tenant, its agents, employees or contractors, Tenant shall promptly discharge the same by payment or filing any necessary bond within thirty (30) days after Tenant has notice (from any source) of such mechanic's lien. Landlord may, as a condition of its approval of any Tenant's Work, require Tenant to deposit with Landlord a bond, letter of credit or other similar security in the amount of Landlord's reasonable estimate of the value of such Work securing Tenant's obligations to make payments for such Work. Landlord shall permit Tenant and Tenant's Contractor access to the Premises prior to the Commencement Date for the performance of Tenant's Work if Tenant employs Landlord's Contractor or another contractor approved by Landlord for the performance of Tenant's Work and if the concurrent performance of the Base Building Improvements and Tenant's Work will not delay the Substantial Completion Date. Subject to the foregoing, Landlord shall cooperate with Tenant's Contractor in connection with Tenant's Work. Subject to Sections 7.1(h) and 10.6 hereof, Tenant shall, in any event, substantially complete all Tenant's Work required for the initial occupancy of (a) fifty percent (50%) of the Premises by Tenant within six (6) months after the Commencement Date, (b) seventy-five percent (75%) of the Premises within twenty-four (24) months after the Commencement Date, and (c) one hundred percent (100%) of the Premises within thirty-six (36) months after the Commencement Date. If Tenant elects to have Landlord advance the Tenant Allowance, Tenant shall provide Landlord with a budget and copies of all contracts entered into with respect to Tenant's Work and such other information as Landlord reasonably may request. The Tenant Allowance shall be advanced to Tenant by Landlord no more frequently than monthly against costs then incurred but unpaid by Tenant with respect to Tenant's Work. The Tenant Allowance shall be advanced to Tenant in the proportion which the Tenant Allowance bears to Tenant's budget, as the same may be updated, for Tenant's Work. Tenant shall make application to Landlord for an advance of the Tenant Allowance at least ten (10) business days prior to the date upon which an advance is to be made. Such application shall be on such form or forms as Landlord reasonably may require, and shall be accompanied by invoices, receipts, lien waivers and such other documents as Landlord reasonably may require.

Appears in 1 contract

Samples: Lease (BioMed Realty Trust Inc)

Performance of Tenant’s Work. (a) Landlord shall not unreasonably withhold its consent to After the general contractor selected by Tenant and Plans have been approved by Landlord ("Tenant's G.C.") performing Tenant's Work solely as an accommodation to Tenant. Tenant hereby acknowledges that Landlord is extremely concerned that the Tenant's Work be performed in a manner such as to minimize, to the maximum extent possible, interference with ongoing work in the Building being performed by Landlord, the use Tenant, at its sole cost and enjoyment of other space in the Building by other tenants expense (subject to Landlord’s Allowance and the continued Landlord’s Additional Allowance), shall promptly, and uninterrupted operation of with all structuraldue diligence, mechanical and electrical components of the Building. Tenant further acknowledges that Landlord is vitally interested in maintaining the high quality, character and standards of the Building as a First Class Office/Research and Development Building and that but for the Tenant's assurances given below, Landlord would not enter this Lease nor permit Tenant to perform Tenant's ’s Work using Tenant's G.C. Accordinglyas set forth on the Plans, and, in order to provide Landlord with the assurances it requires in that regard and as a material inducement to the Landlord to enter into this Lease, Tenant hereby covenants and agrees with Landlord as follows: In addition to and without limitation of any other term, covenant, provision or condition contained in this Lease regarding alterations and improvements to be performed by Tenantconnection therewith, the Tenant, for itself and for Tenant's G.C. hereby covenants and agrees with Landlord that Tenant, Tenant's G.C., and all of their agents, servants and employees shall comply with all directions, orders, instructions, rules, directives and regulations now or hereafter implemented or made by Landlord's Construction Representative, including, without limitation, compliance with any request or order by Landlord's Construction Representative to cease and desist from performing any part of Tenant's Work. Landlord's Construction Representative shall not act in an arbitrary or capricious manner in exercising its rights under this clause. Landlord shall provide Tenant with specific guidelines relating to Tenant's Work and Tenant shall comply with obtain all necessary governmental permits and approvals for such guidelineswork. All of Tenant's ’s Work shall be coordinated performed strictly in accordance with any work being performed by Landlord in the Building Plans and in such a manner accordance with applicable Legal Requirements (as to maintain harmonious labor relations defined in Section 4.2 hereof) and not damage the Property or interfere with the Building construction or operation or any other tenant or occupants of the BuildingInsurance Requirements (as defined in Section 9.1 hereof). Tenant shall comply with the reasonable oral or written directions have such work performed by contractors, reasonably approved by Landlord, which contractors shall provide to Landlord such insurance as is required pursuant to Exhibit M. If Tenant engages Landlord to oversee and manage Tenant’s contractors, Tenant shall pay to Landlord a construction management fee equal to two (2%) percent of the cost of Tenant’s Work, and Landlord shall have the right to deduct such construction management fee from Landlord's Construction Representative ’s Allowance. Landlord shall have the right to provide reasonable rules and regulations relative to the performance of such work and any other work which the Tenant may perform under this Lease and Tenant shall abide by all such reasonable rules and regulations and shall cause all of its contractors to so abide. It shall be Tenant’s obligation to obtain a certificate of occupancy or other like governmental approval for the use and occupancy of the New 21st Floor Premises, and Tenant shall not open for business in the New 21st Floor Premises until and unless it has obtained such approval to the extent that such approval is required by law and has submitted to Landlord a copy of the same. If Tenant is delayed in obtaining a certificate of occupancy with respect to the covenants of Tenant contained New 21st Floor Premises due to deficiencies in the foregoing clause and if Building not corrected or completed related to the reasonable satisfaction of the Landlord's Construction Representative within one hour after the giving of such notice thenNew 21st Floor Premises, Landlord shall have cooperate with Tenant in such manner as Tenant may reasonably request to mitigate or cure such deficiencies to the rightextent necessary to enable Tenant to obtain such certificate of occupancy as promptly as possible. If Tenant is delayed in obtaining a certificate of occupancy with respect to the New 21st Floor Premises solely as the result of deficiencies in the Building not related to New 21st Floor Premises, but not then Tenant shall promptly so advise Landlord in writing, and the obligation, Outside 21st Floor Rent Commencement Date shall be extended by the number of days between the -23- date that Landlord receives such notice and the date that Landlord cures such deficiencies in addition the Building sufficiently to all other rights and remedies afforded the Landlord pursuant enable Tenant to this Lease, to seek and obtain specific performance such certificate of such covenants by way of injunctive relief or other equitable remedyoccupancy. Tenant shall cause submit to Landlord promptly after the Tenant's G.C. to obtain and maintain (i) a payment and performance bond and (ii) a xxxx xxxx ’s Work is substantially complete the so-called contractor’s set of plans for the benefit of Landlord and Tenant in an amount which is equal to the costs of completing Tenant's Work. Tenant shall provide Landlord's Construction Representative with a copy of such bond and evidence of its effectiveness before commencing Tenant's Workwork.

Appears in 1 contract

Samples: Havas

Performance of Tenant’s Work. Prior to start of any construction related to the Tenant’s Work which requires such plans, Tenant shall deliver detailed construction plans (athe “Tenant Improvement Plans”) to Landlord, and Landlord shall, within eleven (11) business days of receipt of the Tenant Improvement Plans, notify Tenant in writing of its approval, which shall not be unreasonably withhold withheld, conditioned or delayed, or its consent disapproval, which shall include the specific reasons for such disapproval and a detailed description of the revisions to the general contractor selected by proposed Tenant and approved by Landlord ("Tenant's G.C.") performing Tenant's Work solely as an accommodation to Tenant. Tenant hereby acknowledges Improvement Plans that Landlord is extremely concerned requires prior to granting such approval. If Landlord fails to deliver said notice within eleven (11) business days, Tenant may resubmit the Tenant Improvement Plans with a written notice to Landlord, delivered by overnight courier, which shall state, in all capital letters, minimum 12-point font and bold type “IMPORTANT NOTICE. FAILURE TO RESPOND WITHIN SEVEN (7) DAYS SHALL HAVE IMPORTANT CONSEQUENCES. SPECIFICALLY, THE TENANT IMPROVEMENT PLANS SUBMITTED BY TENANT IN THIS PACKAGE SHALL BE DEEMED APPROVED AND TENANT MAY COMMENCE CONSTRUCTION OF ITS IMPROVEMENTS TO THE PREMISES WITHOUT LANDLORD CONSENT.” If following seven (7) business days after receipt of such second submission, the Landlord does not respond with specific reasons for disapproval, the Tenant Improvement Plans shall be deemed approved and Tenant shall have the right to commence construction based on such Tenant Improvement Plans. In the event that the Tenant's Work be performed in a manner such as to minimize, to the maximum extent possible, interference with ongoing work in the Building being performed Tenant Improvement Plans are disapproved by Landlord, Tenant shall have the use right to revise and enjoyment of other space resubmit the Tenant Improvement Plans to Landlord for approval pursuant to the approval process set forth in the Building by other tenants this paragraph, except Xxxxxxxx’s response shall be due within seven (7) business days following Xxxxxx’s submittal. Notwithstanding Landlord’s review and the continued and uninterrupted operation of all structural, mechanical and electrical components approval of the Building. Tenant further acknowledges that Landlord is vitally interested in maintaining the high quality, character and standards of the Building Improvement Plans or a Plan Change (as a First Class Office/Research and Development Building and that but for the Tenant's assurances given defined below, Landlord would not enter this Lease nor permit Tenant to perform Tenant's Work using Tenant's G.C. Accordingly, in order to provide Landlord with the assurances it requires in that regard and as a material inducement to the Landlord to enter into this Lease, Tenant hereby covenants and agrees with Landlord as follows: In addition to and without limitation of any other term, covenant, provision or condition contained in this Lease regarding alterations and improvements to be performed by Tenant, the Tenant, for itself and for Tenant's G.C. hereby covenants and agrees with Landlord that Tenant, Tenant's G.C., and all of their agents, servants and employees shall comply with all directions, orders, instructions, rules, directives and regulations now or hereafter implemented or made by Landlord's Construction Representative, including, without limitation, compliance with any request or order by Landlord's Construction Representative to cease and desist from performing any part of Tenant's Work. Landlord's Construction Representative shall not act in an arbitrary or capricious manner in exercising its rights under this clause. Landlord shall provide Tenant with specific guidelines relating to Tenant's Work and Tenant shall comply with such guidelines. All of Tenant's Work shall be coordinated with any work being performed by Landlord in the Building and in such a manner as to maintain harmonious labor relations and not damage the Property or interfere with the Building construction or operation or any other tenant or occupants of the Building. Tenant shall comply with the reasonable oral or written directions of the Landlord's Construction Representative with respect to the covenants of Tenant contained in the foregoing clause and if not corrected or completed to the reasonable satisfaction of the Landlord's Construction Representative within one hour after the giving of such notice then), Landlord shall have no responsibility or liability whatsoever for any errors or omissions contained in the rightTenant Improvement Plans or Plan Change, but not or to verify dimensions or conditions, or for the obligationquality, design or compliance with Applicable Law of any improvements described therein or constructed in addition the Premises, and Tenant hereby waives all claims against Landlord relating to, or arising out of the Tenant Improvement Plans or Plan Change, except to all other rights and remedies afforded the extent caused by Xxxxxxxx’s failure to comply with its obligations under this Lease. It is anticipated that the Tenant’s Work shall mean generally the performance of the following work, as indicated on the Landlord pursuant approved Tenant Improvement Plans, using commercially reasonable standard methods and materials: Front of house (Service counter & Dining Room): • Lobby tile floor needs to this Leasebe updated to Wings Over current standards • Counter tops, ledges, and stools will be upgraded to seek Wings Over current standards Lighting upgrades in the dining area • Furniture upgrades to Wings Over current standards Digital menu boards according to Wings Over standards • Condiment station and obtain specific performance other apparatus, receptacle(s), and decor will be upgraded to Wings Over current standards • Paint & tile will be upgraded to Wings Over current standards • All signage, including exterior signage, will be upgraded to Wings Over current standards • Restrooms are renovated to conform with Wings Over current standards Back of such covenants by way of injunctive relief or other equitable remedy. Tenant shall cause Tenant's G.C. to obtain and maintain house (i) a payment and performance bond and (ii) a xxxx xxxx for the benefit of Landlord and Tenant in an amount which is equal Kitchen): • Drains will be added to the costs of completing Tenant's Work. Tenant shall provide Landlord's Construction Representative with a copy of such bond kitchen floor • Flooring under main fryer bay will be repaired and evidence of its effectiveness before commencing Tenant's Work.solidified

Appears in 1 contract

Samples: Lease Agreement

Performance of Tenant’s Work. (a) Landlord Tenant shall not unreasonably withhold its consent to the general contractor selected by Tenant and approved by Landlord ("use Tenant's G.C.") performing commercially reasonable efforts not to unreasonably disrupt other tenants of the Building during the build-out and installation of Tenant's Work. Tenant's Work solely as an accommodation to Tenant. Tenant hereby acknowledges that Landlord is extremely concerned that the Tenant's Work shall be performed performed: (i) in a manner such as to minimizethoroughly first class, to professional and workmanlike manner, (ii) only with materials that are new, high quality, and free of material defects, (iii) strictly in accordance with the maximum extent possible, interference with ongoing work in the Building being performed Final Plans approved by Landlord, (iv) so as not to adversely affect the use Systems and enjoyment Equipment or the structure of other space in the Building by or the Project, (v) diligently to completion and so as to avoid any unreasonable disturbance, disruption or inconvenience to other tenants and the continued and uninterrupted operation of all structural, mechanical and electrical components of the Building. Tenant further acknowledges that , (vi) in compliance with all applicable Laws, the Code, and other provisions of this Lease, and (vii) such other reasonable requirements as Landlord is vitally interested may impose concerning the manner and times in maintaining the high quality, character and standards of the Building as a First Class Office/Research and Development Building and that but for the which Tenant's assurances given below, Landlord would not enter this Lease nor permit Work shall be done so as to facilitate coordination of Landlord's and Tenant's Work and work being performed by or on behalf of other tenants. If Tenant fails to perform Tenant's Work using Tenant's G.C. Accordingly, in order as required herein or the materials supplied fail to provide Landlord comply herewith or with the assurances it requires in that regard and as a material inducement to the Landlord to enter into this Lease, Tenant hereby covenants and agrees with Landlord as follows: In addition to and without limitation of any other term, covenant, provision or condition contained in this Lease regarding alterations and improvements to be performed specifications approved by Tenant, the Tenant, for itself and for Tenant's G.C. hereby covenants and agrees with Landlord that Tenant, Tenant's G.C.Landlord, and all of their agents, servants and employees shall comply with all directions, orders, instructions, rules, directives and regulations now or hereafter implemented or made Tenant fails to cure such failure within 10 business days after notice by Landlord's Construction Representative, including, without limitation, compliance with any request or order by Landlord's Construction Representative to cease and desist from performing any part of Tenant's Work. Landlord's Construction Representative Landlord (except notice shall not act be required in an arbitrary or capricious manner in exercising its rights under this clause. Landlord shall provide Tenant with specific guidelines relating to Tenant's Work and Tenant shall comply with such guidelines. All of Tenant's Work shall be coordinated with any work being performed by Landlord in the Building and in such a manner as to maintain harmonious labor relations and not damage the Property or interfere with the Building construction or operation or any other tenant or occupants of the Building. Tenant shall comply with the reasonable oral or written directions of the Landlord's Construction Representative with respect to the covenants of Tenant contained in the foregoing clause and if not corrected or completed to the reasonable satisfaction of the Landlord's Construction Representative within one hour after the giving of such notice thenemergencies), Landlord shall have the right, but right to stop Tenant's Work until such failure is cured (which shall not be in limitation of Landlord's other remedies). Landlord shall cooperate with Tenant's Work and the obligation, exercise of any rights granted to Tenant in addition to all other rights and remedies afforded the Landlord pursuant to this Lease, to seek and obtain specific performance of such covenants by way of injunctive relief or other equitable remedy. Tenant shall cause Tenant's G.C. to obtain and maintain (i) a payment and performance bond and (ii) a xxxx xxxx for the benefit of Landlord and Tenant in an amount which is equal to the costs of completing Tenant's Work. Tenant shall provide Landlord's Construction Representative with a copy of such bond and evidence of its effectiveness before commencing Tenant's Work.

Appears in 1 contract

Samples: Lease (Inflow Inc)

Performance of Tenant’s Work. Promptly after the delivery of the Premises to Tenant, Landlord’s approval of the Plans (athe “Approved Plans”) Landlord and receipt by Tenant of all required permits and approvals, Tenant shall commence and exercise all reasonable efforts to complete the work specified therein (“Tenant’s Work”). All of Tenant’s Work shall be completed in accordance with the Approved Plans and the requirements for alterations and improvements made by or on behalf of Tenant set forth in this Lease and in the Rules and Regulations; provided, that, (i) Tenant shall not unreasonably withhold its consent be required to provide any additional security (i.e., lien and completion bonds) in connection with Tenant’s Work, (ii) Tenant shall not be required to use Landlord’s designated contractors with respect to any portions of Tenant’s Work affecting the Structural Elements and/or fire and life safety systems of the Building, unless the same are available at commercially reasonable rates. Tenant’s Work shall be performed by a general contractor selected by Tenant and approved by Landlord ("Tenant's G.C.") performing Tenant's Work solely as an accommodation to Tenant. Tenant hereby acknowledges that Landlord is extremely concerned that the Tenant's Work be performed in a manner such as to minimize, to the maximum extent possible, interference with ongoing work in the Building being performed by Landlord, which approval shall not be unreasonably withheld or delayed, under a written construction contract (and Landlord hereby acknowledges and agrees that Advantage General Construction is hereby approved). Further, Tenant shall have the use right to hire its own project manager, architect and enjoyment engineer (together with Tenant’s general contractor, “Tenant’s Construction Team”), subject to Landlord’s reasonable approval, in connection with the performance of Tenant’s Work (and Landlord hereby acknowledges and agrees that project manager: Xxxxx Xxxxxx, Xxxxxx Partners; architect: Xxx Xxxxxx, DNC Architects; engineer: Xxx Xxxxx, JennErik Engineering is/are hereby approved). The approval by Landlord of Tenant’s Construction Team shall not impose upon Landlord any responsibility or liability whatsoever to Tenant as a result of, or arising out of, the defaults or other space in the Building by other tenants and the continued and uninterrupted operation of all structural, mechanical and electrical components acts or omissions of the BuildingTenant’s Construction Team. Prior to commencing Tenant’s Work, Tenant further acknowledges that Landlord is vitally interested in maintaining the high quality, character shall obtain and standards of the Building as a First Class Office/Research and Development Building and that but for the Tenant's assurances given below, Landlord would not enter this Lease nor permit Tenant to perform Tenant's Work using Tenant's G.C. Accordingly, in order to provide Landlord with copies of, all state, local and other necessary permits and shall carry such insurance required under the assurances it requires in that regard Lease (naming Landlord, Landlord’s property manager, any Superior Mortgagee and as a material inducement to the Landlord to enter into this Lease, Tenant hereby covenants and agrees with any other parties reasonably designated by Landlord as follows: additional insureds). In addition to and without limitation addition, Landlord may monitor the progress of any other term, covenant, provision or condition contained in this Lease regarding alterations and improvements to be performed by Tenant, the Tenant, for itself and for Tenant's G.C. hereby covenants and agrees with Landlord that Tenant, Tenant's G.C., and all of their agents, servants and employees shall comply with all directions, orders, instructions, rules, directives and regulations now or hereafter implemented or made by Landlord's Construction Representative’s Work, including, without limitation, compliance with attend any request weekly or order by Landlord's Construction Representative to cease other periodic job meetings. Any review and desist from performing any part monitoring of Tenant's ’s Work by Landlord shall not impose upon Landlord any responsibility or liability whatsoever to Tenant as a result of, or arising out of, Tenant’s Work. Landlord's Construction Representative shall not act in an arbitrary or capricious manner in exercising its rights under this clause. Landlord Within forty-five (45) days after completion of any Tenant’s Work, Tenant shall provide Tenant with specific guidelines relating to Tenant's Work and Tenant shall comply with such guidelines. All of Tenant's Work shall be coordinated with any work being performed by Landlord in the Building and in such a manner as to maintain harmonious labor relations and not damage the Property or interfere with the Building construction or operation or any other tenant or occupants “as-built” plans of the Building. Tenant shall comply with the reasonable oral or written directions of the Landlord's Construction Representative with respect to the covenants of Tenant contained in the foregoing clause and if not corrected or completed to the reasonable satisfaction of the Landlord's Construction Representative within one hour after the giving of such notice then, Landlord shall have the right, but not the obligation, in addition to all other rights and remedies afforded the Landlord pursuant to this Lease, to seek and obtain specific performance of such covenants by way of injunctive relief or other equitable remedy. Tenant shall cause Tenant's G.C. to obtain and maintain (i) a payment and performance bond and (ii) a xxxx xxxx for the benefit of Landlord and Tenant in an amount which is equal to the costs of completing Tenant's ’s Work. Tenant shall provide Landlord's Construction Representative Landlord with copies of the certificate of occupancy for any Tenant’s Work that requires a copy certificate of occupancy reasonably promptly after completion of such bond and evidence Tenant’s Work. Nothing herein shall be construed as permitting Tenant to occupy all or any portion of its effectiveness before commencing Tenant's Workthe Premises for which Tenant has not obtained a certificate of occupancy or otherwise failed to comply with applicable legal requirements.

Appears in 1 contract

Samples: Lease (Arcellx, Inc.)

Performance of Tenant’s Work. (a) Landlord Tenant shall not unreasonably withhold its consent effect any Tenant’s Work (or any alterations or additions to the general contractor selected Premises after performance of Tenant’s Work) that might (i) diminish the value of the Premises for laboratory/office use, or (ii) require any unusual expense to re-adapt the Premises for any laboratory/office use. Tenant’s Work shall be performed in accordance with complete, consistent, final construction drawings and specifications (“Construction Documents”) approved in advance by Tenant Landlord in writing, which approval shall not be unreasonably withheld. The Construction Documents shall be prepared and stamped by Tenant’s Architect and approved by Landlord in writing. Landlord reserves the right to reject, in whole or in part, the Construction Documents which in its reasonable opinion fail to comply with the provisions of this Lease within fifteen ("Tenant's G.C."15) performing Tenant's Work solely as an accommodation business days of its receipt thereof (the “Review Period”). The Review Period shall not commence unless and until Tenant delivers a complete set of Construction Documents. If Landlord shall disapprove the Construction Documents, it shall state specifically the reasons therefor, and Tenant shall promptly revise and resubmit the Construction Documents. If Landlord fails to respond to Tenant’s request for approval of the Construction Documents within the Review Period then the Construction Documents shall be deemed approved. Tenant hereby acknowledges shall be solely responsible for the liabilities of and expenses of all architectural and engineering services relating to Tenant’s Work and for the adequacy, accuracy, and completeness of the Construction Documents approved by Landlord unless Tenant elects that Landlord is extremely concerned that advance the Tenant Allowance (and if so elected, then only to the extent of the Tenant Allowance). The Construction Documents (i) shall set forth in detail the requirements for construction of the Tenant's ’s Work (including all architectural, mechanical, electrical and structural drawings and detailed specifications), (ii) shall be performed fully coordinated with one another and with field conditions as they exist in a manner such as the Premises and elsewhere in the Building, and (iii) shall show all work necessary to minimizecomplete the Tenant’s Work including all cutting, fitting, and patching and all connections to the maximum extent possible, interference with ongoing work in the Building being performed by Landlord, the use and enjoyment of other space in the Building by other tenants and the continued and uninterrupted operation of all structural, mechanical and electrical systems and components of the Building. Tenant further acknowledges that agrees to hold Landlord is vitally interested harmless if any Tenant’s Work described in maintaining the high qualityConstruction Documents (a) fails to comply with all applicable laws, character regulations, building codes, and standards building design standards, (b) in any manner affects any structural component of the Building as a First Class Office/Research and Development Building and that but for the Tenant's assurances given below, Landlord would not enter this Lease nor permit Tenant to perform Tenant's Work using Tenant's G.C. Accordingly, in order to provide Landlord with the assurances it requires in that regard and as a material inducement to the Landlord to enter into this Lease, Tenant hereby covenants and agrees with Landlord as follows: In addition to and without limitation of any other term, covenant, provision or condition contained in this Lease regarding alterations and improvements to be performed by Tenant, the Tenant, for itself and for Tenant's G.C. hereby covenants and agrees with Landlord that Tenant, Tenant's G.C., and all of their agents, servants and employees shall comply with all directions, orders, instructions, rules, directives and regulations now or hereafter implemented or made by Landlord's Construction Representative, (including, without limitation, compliance with exterior walls, exterior windows, core walls, roofs or floor slabs), (c) in any request or order by Landlord's Construction Representative to cease and desist from performing any part of Tenant's Work. Landlord's Construction Representative shall not act in an arbitrary or capricious manner in exercising its rights under this clause. Landlord shall provide Tenant with specific guidelines relating to Tenant's Work and Tenant shall comply with such guidelines. All of Tenant's Work shall be coordinated with any work being performed by Landlord in the Building and in such a manner as to maintain harmonious labor relations and not damage the Property or interfere respect is incompatible with the Building construction or operation or any other tenant or occupants electrical and mechanical components and systems of the Building, (d) affects the exterior of the Building, (e) fails to conform to floor loading limits, and (f) with respect to all materials, equipment and special designs, processes, or products, infringes on any patent or other proprietary rights of others. Landlord’s approval or deemed approval of the Construction Documents and the performance of Tenant’s Work pursuant to the Construction Documents shall not result in any liability of Landlord, except with respect to Landlord’s advance of the Tenant Allowance, and Landlord’s approval of Construction Documents shall signify only Landlord’s consent to Tenant’s Work shown thereon and shall not result in any responsibility of Landlord concerning compliance of Tenant’s Work with laws, regulations, or codes, coordination of any aspect of Tenant’s Work with any other aspect of Tenant’s Work, or the feasibility of constructing Tenant’s Work without material damage or harm to the Building, all of which shall be the sole responsibility of Tenant. After Tenant’s Contractor has been approved, then the same may thereafter be used by Tenant until Landlord notifies Tenant that Tenant’s Contractor is no longer approved due to Tenant’s Contractor’s failure to comply in any material respect with the requirements of the Construction Documents and/or this Lease. Wxxxxxx X. Xxxxx & Son, Inc., is approved by Landlord as Tenant’s Contractor. Tenant shall comply with the reasonable oral or written directions of the Landlord's Construction Representative with respect to the covenants of Tenant contained in the foregoing clause procure all necessary governmental permits, licenses and if not corrected or completed to the reasonable satisfaction of the Landlord's Construction Representative within one hour after the giving of such notice then, Landlord shall have the right, but not the obligation, in addition to all other rights and remedies afforded the Landlord pursuant to this Lease, to seek and obtain specific performance of such covenants by way of injunctive relief or other equitable remedyapprovals before undertaking any Tenant’s Work. Tenant shall perform all Tenant’s Work at Tenant’s risk in compliance with all applicable laws, codes and regulations and in a good and workmanlike manner employing new materials of good quality. When any Tenant’s Work is in progress, Tenant shall cause Tenant's G.C. to obtain and maintain be maintained (i) a payment and performance bond insurance as may be required by Landlord covering any additional hazards due to such Tenant Work, and (ii) a statutory lxxx xxxx xxxx pursuant to M.G.L. c.254, §12 or any successor statute (or such other protection of Landlord’s interest in the Building and Lot against liens as Landlord may reasonably require), in each case for the benefit of Landlord. It shall be a condition of Landlord’s approval of any Tenant’s Work that certificates of such insurance and a lxxx xxxx in recordable form, both issued by responsible insurance companies qualified to do business in Massachusetts and reasonably approved by Landlord, shall have been deposited with Landlord, that Tenant has provided Tenant’s certification of the insurable value of the work in question for casualty insurance purposes, and that all of the other conditions of the Lease have been satisfied. Tenant shall reimburse up to $10,000.00 for Landlord’s reasonable costs of reviewing proposed Tenant’s Work and inspecting installation of the same provided however, that if Tenant elects to have Landlord advance the Tenant Allowance, such costs may be paid from the Tenant Allowance. At all times while performing Tenant’s Work, Tenant shall require any Tenant’s Contractor to comply with all applicable laws, regulations, permits and policies relating to such work. In performing Tenant’s Work, each Tenant’s Contractor shall comply with Landlord’s requirements set forth in Section 3.2.1, the first paragraph of Section 3.3, Section 5.1.5 and Section 5.2.3 hereof relating to the time and methods for such work, use of delivery elevators and other Building facilities and each Tenant’s Contractor shall not interfere or disrupt Landlord’s Contractor. Each Tenant’s Contractor shall in all events work on the Premises without causing labor disharmony, coordination difficulties, or delay or impair any guaranties, warranties or obligations of any contractors of Landlord. If any Tenant’s Contractor uses any Building services or facilities, such Contractor, jointly and severally with Tenant, shall agree to reimburse Landlord for the cost thereof based on Landlord’s schedule of charges established from time to time (and if no such charges have been established, then based on Landlord’s reasonable charge established at the time). Each Tenant’s Contractor shall, by entry into the Building, be deemed to have agreed to indemnify and hold Landlord harmless from any claim, loss or expense arising in whole or in part out of any act or neglect committed by such person while in the Building, to the same extent as Tenant has so agreed in an amount this Lease, the indemnities of Tenant and Tenant’s Contractor to be joint and several. Tenant shall pay on or prior to the date when any such payment is due, either from its own funds or from the Tenant Allowance, the entire cost of all Tenant’s Work so that the Premises shall always be free of liens for labor or materials. If any mechanic’s lien (which term shall include all similar liens relating to the furnishing of labor and materials) is filed against the Premises or the Building or any part thereof which is equal claimed to be attributable to Tenant, its agents, employees or contractors, Tenant shall promptly discharge the costs same by payment or filing any necessary bond within thirty (30) days after Tenant has notice (from any source) of completing such mechanic’s lien. Landlord may, as a condition of its approval of any Tenant's ’s Work, require Tenant to deposit with Landlord a bond, letter of credit or other similar security in the amount of Landlord’s reasonable estimate of the value of such Work securing Tenant’s obligations to make payments for such Work. Tenant shall provide Landlord's Construction Representative Landlord with a copy budget and copies of all contracts entered into with respect to Tenant’s Work and such bond other information as Landlord reasonably may request. The Tenant Allowance shall be advanced to Tenant by Landlord no more frequently than monthly against costs then incurred but unpaid by Tenant with respect to Tenant’s Work. The Tenant Allowance shall be advanced to Tenant in the proportion which the Tenant Allowance bears to Tenant’s budget, as the same may be updated, for Tenant’s Work. Tenant shall make application to Landlord for an advance of the Tenant Allowance at least ten (10) business days prior to the date upon which an advance is to be made. Such application shall be on such form or forms as Landlord reasonably may require, and evidence of its effectiveness before commencing Tenant's Workshall be accompanied by invoices, receipts, lien waivers and such other documents as Landlord reasonably may require.

Appears in 1 contract

Samples: BioMed Realty Trust Inc

Performance of Tenant’s Work. (a) As soon as practicable after Landlord shall not unreasonably withhold its consent have approved Tenant's plans and specifications and possession of the Premises shall be made available to the general contractor selected by Tenant and approved by Landlord ("Tenant's G.C.") performing Tenant's Work solely as an accommodation Tenant shall have obtained all necessary approvals with respect to Tenant. Tenant hereby acknowledges that Landlord is extremely concerned that the Tenant's Work be performed in a manner such as to minimize, to the maximum extent possible, interference with ongoing work in the Building being performed by Landlord, the use and enjoyment of other space in the Building by other tenants and the continued and uninterrupted operation of all structural, mechanical and electrical components of the Building. Tenant further acknowledges that Landlord is vitally interested in maintaining the high quality, character and standards of the Building as a First Class Office/Research and Development Building and that but for the Tenant's assurances given below, Landlord would not enter this Lease nor permit Tenant to perform Tenant's Work using Tenant's G.C. Accordingly, in order to provide Landlord with the assurances it requires in that regard and as a material inducement to the Landlord to enter into this Lease, Tenant hereby covenants and agrees with Landlord as follows: In addition to and without limitation of any other term, covenant, provision or condition contained in this Lease regarding alterations and improvements to be performed by Tenant, the Tenant, for itself and for Tenant's G.C. hereby covenants and agrees with Landlord that Tenant, Tenant's G.C., and all of their agents, servants and employees shall comply with all directions, orders, instructions, rules, directives and regulations now or hereafter implemented or made by Landlord's Construction Representative, including, without limitation, compliance with any request or order by Landlord's Construction Representative to cease and desist from performing any part commencement of Tenant's Work, Tenant shall enter the Premises and shall proceed with due diligence and dispatch to make improvements and install fixtures and other equipment and a full stock of inventory therein, in accordance with the approved plans and specifications and all Governmental Requirements. Landlord's Construction Representative Such work and installation shall not act in an arbitrary or capricious manner in exercising its rights under this clause. Landlord shall provide Tenant with specific guidelines relating to Tenant's Work and Tenant shall comply with such guidelines. All of Tenant's Work shall be coordinated interfere with any work being performed to be done by Landlord in other portions of the Building Shopping Center, shall be done with labor which is not incompatible with other labor employed at the Shopping Center without creating any conflict or work stoppage with, under or as a result of any labor agreement to which Landlord or its contractors may be a party, and in compliance with such a manner rules and regulations as to maintain harmonious labor relations and not damage the Property or interfere with the Building construction or operation or any other tenant or occupants of the BuildingLandlord may reasonably make. Tenant shall comply with the reasonable oral or written directions of the Except for Landlord's Construction Representative with respect negligence and willful acts (subject, however, to the covenants waiver of Tenant contained subrogation elsewhere set forth in the foregoing clause and if not corrected or completed to the reasonable satisfaction of the Landlord's Construction Representative within one hour after the giving of such notice thenthis Lease), Landlord shall have no responsibility or liability whatsoever for any loss of or damage to any fixtures or other equipment or inventory installed or left in the rightPremises, but not and Tenant's entry on and occupancy of the obligation, in addition Premises shall be governed by and subject to all the provisions, covenants and conditions of this Lease other rights and remedies afforded than those requiring payment of Rent. Prior to commencing any construction work in the Landlord pursuant to this LeasePremises, to seek and obtain specific performance of such covenants by way of injunctive relief or other equitable remedy. Tenant shall cause Tenant's G.C. to obtain a building permit and maintain (i) a payment and performance bond and (ii) a xxxx xxxx for the benefit of Landlord and Tenant in an amount which is equal to the costs of completing Tenant's Work. Tenant shall provide Landlord's Construction Representative with furnish a copy of such bond and evidence of its effectiveness before commencing Tenant's Worksame to Landlord.

Appears in 1 contract

Samples: Agreement of Lease (Boston Restaurant Associates Inc)

Performance of Tenant’s Work. (a) Landlord Tenant shall not unreasonably withhold its consent effect any Tenant's Work (or any alterations or additions to the general contractor selected Premises after performance of Tenant's Work) that might (i) diminish the value of the Premises for laboratory/office use, or (ii) require any unusual expense to re-adapt the Premises for any laboratory/office use. Tenant's Work shall be performed in accordance with complete, consistent, final construction drawings and specifications ("Construction Documents") approved in advance by Tenant Landlord in writing, which approval shall not be unreasonably withheld. The Construction Documents shall be prepared and stamped by Tenant's Architect and approved by Landlord in writing. Landlord reserves the right to reject, in whole or in part, the Construction Documents which in its reasonable opinion fail to comply with the provisions of this Lease within fifteen (15) business days of its receipt thereof (the "Review Period"). The Review Period shall not commence unless and until Tenant delivers a complete set of Construction Documents. If Landlord shall disapprove the Construction Documents, it shall state specifically the reasons therefor, and Tenant shall promptly revise and resubmit the Construction Documents. If Landlord fails to respond to Tenant's G.C.") performing request for approval of the Construction Documents within the Review Period then the Construction Documents shall be deemed approved. Tenant shall be solely responsible for the liabilities of and expenses of all architectural and engineering services relating to Tenant's Work solely as an accommodation to Tenant. and for the adequacy, accuracy, and completeness of the Construction Documents approved by Landlord unless Tenant hereby acknowledges elects that Landlord is extremely concerned that advance the Tenant Allowance (and if so elected, then only to the extent of the Tenant Allowance). The Construction Documents (i) shall set forth in detail the requirements for construction of the Tenant's Work (including all architectural, mechanical, electrical and structural drawings and detailed specifications), (ii) shall be performed fully coordinated with one another and with field conditions as they exist in a manner such as the Premises and elsewhere in the Building, and (iii) shall show all work necessary to minimizecomplete the Tenant's Work including all cutting, fitting, and patching and all connections to the maximum extent possible, interference with ongoing work in the Building being performed by Landlord, the use and enjoyment of other space in the Building by other tenants and the continued and uninterrupted operation of all structural, mechanical and electrical systems and components of the Building. Tenant further acknowledges that agrees to hold Landlord is vitally interested harmless if any Tenant's Work described in maintaining the high qualityConstruction Documents (a) fails to comply with all applicable laws, character regulations, building codes, and standards building design standards, (b) in any manner affects any structural component of the Building as a First Class Office/Research and Development Building and that but for the Tenant's assurances given below, Landlord would not enter this Lease nor permit Tenant to perform Tenant's Work using Tenant's G.C. Accordingly, in order to provide Landlord with the assurances it requires in that regard and as a material inducement to the Landlord to enter into this Lease, Tenant hereby covenants and agrees with Landlord as follows: In addition to and without limitation of any other term, covenant, provision or condition contained in this Lease regarding alterations and improvements to be performed by Tenant, the Tenant, for itself and for Tenant's G.C. hereby covenants and agrees with Landlord that Tenant, Tenant's G.C., and all of their agents, servants and employees shall comply with all directions, orders, instructions, rules, directives and regulations now or hereafter implemented or made by Landlord's Construction Representative, (including, without limitation, exterior walls, exterior windows, core walls, roofs or floor slabs), (c) in any respect is incompatible with the electrical and mechanical components and systems of the Building, (d) affects the exterior of the Building, (e) fails to conform to floor loading limits, and (f) with respect to all materials, equipment and special designs, processes, or products, infringes on any patent or other proprietary rights of others. Landlord's approval or deemed approval of the Construction Documents and the performance of Tenant's Work pursuant to the Construction Documents shall not result in any liability of Landlord, except to the extent that Tenant elects to have Landlord advance the Tenant Allowance, and Landlord's approval of Construction Documents shall signify only Landlord's consent to Tenant's Work shown thereon and shall not result in any responsibility of Landlord concerning compliance of Tenant's Work with laws, regulations, or codes, coordination of any aspect of Tenant's Work with any request or order by Landlord's Construction Representative to cease and desist from performing any part other aspect of Tenant's Work, or the feasibility of constructing Tenant's Work without material damage or harm to the Building, all of which shall be the sole responsibility of Tenant. LandlordAfter Tenant's Construction Representative shall not act in an arbitrary or capricious manner in exercising its rights under this clause. Contractor has been approved, then the same may thereafter be used by Tenant until Landlord shall provide notifies Tenant with specific guidelines relating that Tenant's Contractor is no longer approved due to Tenant's Work and Tenant shall Contractor's failure to comply with such guidelines. All of Tenant's Work shall be coordinated with in any work being performed by Landlord in the Building and in such a manner as to maintain harmonious labor relations and not damage the Property or interfere material respect with the Building construction or operation or any other tenant or occupants requirements of the BuildingConstruction Documents and/or this Lease. Tenant shall comply with the reasonable oral or written directions of the Landlord's Construction Representative with respect to the covenants of Tenant contained in the foregoing clause procure all necessary governmental permits, licenses and if not corrected or completed to the reasonable satisfaction of the Landlord's Construction Representative within one hour after the giving of such notice then, Landlord shall have the right, but not the obligation, in addition to all other rights and remedies afforded the Landlord pursuant to this Lease, to seek and obtain specific performance of such covenants by way of injunctive relief or other equitable remedy. Tenant shall cause Tenant's G.C. to obtain and maintain (i) a payment and performance bond and (ii) a xxxx xxxx for the benefit of Landlord and Tenant in an amount which is equal to the costs of completing approvals before undertaking any Tenant's Work. Tenant shall provide perform all Tenant's Work at Tenant's risk in compliance with all applicable laws, codes and regulations and in a good and workmanlike manner employing new materials of good quality. When any Tenant's Work is in progress, Tenant shall cause to be maintained (i) insurance as may be required by Landlord covering any additional hazards due to such Tenant Work, and (ii) a statutory lien bond pursuant to M.G.L. c.254, Section 12 or any successor statxxx (xx xuch other protection of Landlord's Construction Representative with interest in the Building and Lot against liens as Landlord may reasonably require), in each case for the benefit of Landlord. It shall be a copy condition of Landlord's approval of any Tenant's Work that certificates of such insurance and a lien bond in recordable form, both issued by responsible insurance cxxxxxxxx qualified to do business in Massachusetts and evidence reasonably approved by Landlord, shall have been deposited with Landlord, that Tenant has provided Tenant's certification of its effectiveness before commencing the insurable value of the work in question for casualty insurance purposes, and that all of the other conditions of the Lease have been satisfied. Tenant shall reimburse up to $10,000.00 for Landlord's reasonable costs of reviewing proposed Tenant's Work and Inspecting installation of the same provided however, that if Tenant elects to have Landlord advance the Tenant Allowance, such costs may be paid from the Tenant Allowance. At all times while performing Tenant's Work, Tenant shall require any Tenant's Contractor to comply with all applicable laws, regulations, permits and policies relating to such work. In performing Tenant's Work, each Tenant's Contractor shall comply with Landlord's requirements set forth in Section 3.2.1, the first paragraph of Section 3.3, Section 5.1.5 and Section 5.2.3 hereof relating to the time and methods for such work, use of delivery elevators and other Building facilities and each Tenant's Contractor shall not interfere or disrupt Landlord's Contractor. Each Tenant's Contractor shall in all events work on the Premises without causing labor disharmony., coordination difficulties, or delay or impair any guaranties, warranties or obligations of any contractors of Landlord. If any Tenant's Contractor uses any Building services or facilities, such Contractor, jointly and severally with Tenant, shall agree to reimburse Landlord for the cost thereof based on Landlord's schedule of charges established from time to time (and if no such charges have been established, then based on Landlord's reasonable charge established at the time). Each Tenant's Contractor shall, by entry into the Building, be deemed to have agreed to indemnify and hold Landlord harmless from any claim, loss or expense arising in whole or in part out of any act or neglect committed by such person while in the Building, to the same extent as Tenant has so agreed in this Lease, the indemnities of Tenant and Tenant's Contractor to be joint and several. Tenant shall pay on or prior to date when any such payment is due, either from its own funds or from the Tenant Allowance if Tenant elects to have Landlord advance the Tenant Allowance, the entire cost of all Tenant's Work so that the Premises shall always be free of liens for labor or materials. If any mechanic's lien (which term shall include all similar liens relating to the furnishing of labor and materials) is filed against the Premises or the Building or any part thereof which is claimed to be attributable to Tenant, its agents, employees or contractors, Tenant shall promptly discharge the same by payment or filing any necessary bond within thirty (30) days after Tenant has notice (from any source) of such mechanic's lien. Landlord may, as a condition of Its approval of any Tenant's Work, require Tenant to deposit with Landlord a bond, letter of credit or other similar security in the amount of Landlord's reasonable estimate of the value of such Work securing Tenant's obligations to make payments for such Work. Landlord shall permit Tenant and Tenant's Contractor access to the Premises prior to the Commencement Date for the performance of Tenant's Work if Tenant employs Landlord's Contractor or another contractor approved by Landlord for the performance of Tenant's Work and if the concurrent performance of the Base Building Improvements and Tenant's Work will not delay the Substantial Completion Date. Subject to the foregoing, Landlord shall cooperate with Tenant's Contractor in connection with Tenant's Work. If Tenant elects to have Landlord advance the Tenant Allowance, Tenant shall provide Landlord with a budget and copies of all contracts entered into with respect to Tenant's Work and such ether information as Landlord reasonably may request. The Tenant Allowance shall be advanced to Tenant by Landlord no more frequently than monthly against costs then incurred but unpaid by Tenant with respect to Tenant's Work. The Tenant Allowance shall be advanced to Tenant in the proportion which the Tenant Allowance bears to Tenant's budget, as the same may be updated, for Tenant's Work. Tenant shall make application to Landlord for an advance of the Tenant Allowance at least ten (10) business days prior to the date upon which an advance is to be made. Such application shall be on such form or forms as Landlord reasonably may require, and shall be accompanied by invoices, receipts, lien waivers and such other documents as Landlord reasonably may require.

Appears in 1 contract

Samples: Lease (BioMed Realty Trust Inc)

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