Performance of Work. All work described in this Section 8 shall be performed only by Landlord or by contractors and subcontractors approved in writing by Landlord and only in accordance with plans and specifications approved by Landlord in writing. If Landlord elects, in its sole discretion, to supervise any work described in this Section 8, Tenant shall pay to Landlord a construction management fee equal to 5% of the cost of such work. Tenant shall cause all contractors and subcontractors to procure and maintain insurance coverage naming Landlord, Landlord’s Mortgagee, Landlord’s property management company and Landlord’s asset management company as additional insureds against such risks, in such amounts, and with such companies as Landlord may reasonably require. Tenant shall provide Landlord with the identities, mailing addresses and telephone numbers of all persons performing work or supplying materials prior to beginning such construction and Landlord may post on and about the Premises notices of non-responsibility pursuant to applicable Laws. All such work shall be performed in accordance with all Laws and in a good and workmanlike manner so as not to damage the Building (including the Premises, the Building’s Structure and the Building’s Systems) and shall use materials of a quality that is at least equal to the quality designated by Landlord as the minimum standard for the Building, and in such manner as to cause a minimum of disruption to the other occupants of the Project and interference with other construction in progress and with the transaction of business in the Project and the related complex. Landlord may designate reasonable rules, regulations and procedures for the performance of all such work in the Building (including insurance requirements for contractors) and, to the extent reasonably necessary to avoid disruption to the occupants of the Building, shall have the right to designate the time when such work may be performed. All such work which may affect the Building’s Structure or the Building’s Systems must be approved by the Project’s engineer of record, at Tenant’s expense and, at Landlord’s election, must be performed by Landlord’s usual contractor for such work. All work affecting the roof of the Building must be performed by Landlord’s roofing contractor and no such work will be permitted if it would void or reduce or otherwise adversely affect the warranty on the roof. Upon completion of any work described in this Section 8, except with respect to any Permitted Alterations or any repairs required to be made by Tenant under Section 8.2, Tenant shall furnish Landlord with accurate reproducible “as-built” CADD files of the improvements as constructed.
Appears in 3 contracts
Samples: Lease Agreement (Veracyte, Inc.), Lease Agreement (Veracyte, Inc.), Lease Agreement (Veracyte, Inc.)
Performance of Work. All work described in this Section 8 a. Contractor shall be performed only by Landlord or by contractors and subcontractors approved in writing by Landlord and only in accordance with plans and specifications approved by Landlord in writing. If Landlord elects, in its sole discretion, to supervise any work described in this Section 8, Tenant shall pay to Landlord a construction management fee equal to 5% of the cost of such work. Tenant shall cause perform all contractors and subcontractors to procure and maintain insurance coverage naming Landlord, Landlord’s Mortgagee, Landlord’s property management company and Landlord’s asset management company as additional insureds against such risks, in such amounts, and with such companies as Landlord may reasonably require. Tenant shall provide Landlord with the identities, mailing addresses and telephone numbers of all persons performing work or supplying materials prior to beginning such construction and Landlord may post on and about the Premises notices of non-responsibility pursuant to applicable Laws. All such work shall be performed in accordance with all Laws and Work in a good and workmanlike manner. Contractor shall maintain sufficient staff and crews to perform all Work in an expeditious manner consistent with the interests of the Park District. Contractor shall promptly notify the Park District immediately in writing: (i) of any information required from the Park District and necessary for Contractor to complete its Work in a timely manner; and (ii) of any Work requested by the Park District or required for the project that is not included in the scope of Work reflected in the Contract Documents. Contractor shall be solely responsible for means and methods selected in performing the Work. Contractor shall supervise all Work so that it is performed in a safe and expeditious manner. Contractor shall be solely responsible for the Work of its employees and its subcontractors’ and suppliers’ employees. Contractor shall keep all documents and information related to the project confidential and, except as required by law, shall not disclose such documents or information to damage any person or other party except the Building (including employees of Contractor and its subcontractors who need such documents or information to perform the PremisesWork and complete the project.
b. Contractor shall confine all equipment, the Building’s Structure storage of materials and the Building’s Systems) operations of its workers, to limits indicated by law, ordinances, permits, or directions of the Park District and shall use materials not unreasonably encumber the project site with such materials. The project site shall not be utilized for the storage of a quality that is vehicles, materials, equipment, or fixtures not intended for the Work to be performed.
c. Contractor shall notify all utility companies, public and private, as necessary in advance of commencing performance of the Work. The responsibility for moving water lines, gas lines, wire lines, service connections, water and gas meter boxes, water and gas valve boxes, light standards, cable ways, signals and all other utility appurtenances which are within the limits of the proposed construction will be assumed by the Contractor, at least equal no additional compensation. The Contractor shall verify the location of all utilities prior to the quality designated by Landlord as the minimum standard start of construction and shall be responsible for the Buildingpreservation of existing utility installation and the cost of providing precautionary supports, braces, or other equipment to insure against damage to said utility installation. The cost to repair and replace any new or existing utilities damaged will be paid for by the Contractor.
d. If Contractor uncovers or discovers any concealed condition differing materially from conditions depicted in such manner as to cause a minimum of disruption to the other occupants Contract Documents or differing from conditions reasonably anticipated or inherent in the Work, Contractor shall immediately stop the Work and notify the Park District of the Project and interference with other construction condition in progress and writing. The Park District shall then issue written directions. Contractor shall not proceed with the transaction of business in Work until the Project Park District has issued written directions. The contract time and the related complex. Landlord may designate reasonable rules, regulations and procedures for the performance of all Contract Sum shall be equitably adjusted if necessitated by such work in the Building (including insurance requirements for contractors) and, to the extent reasonably necessary to avoid disruption to the occupants directions of the Building, shall have the right to designate the time when such work may be performed. All such work which may affect the Building’s Structure or the Building’s Systems must be approved by the Project’s engineer of record, at Tenant’s expense and, at Landlord’s election, must be performed by Landlord’s usual contractor for such work. All work affecting the roof of the Building must be performed by Landlord’s roofing contractor and no such work will be permitted if it would void or reduce or otherwise adversely affect the warranty on the roof. Upon completion of any work described in this Section 8, except with respect to any Permitted Alterations or any repairs required to be made by Tenant under Section 8.2, Tenant shall furnish Landlord with accurate reproducible “as-built” CADD files of the improvements as constructedPark District.
Appears in 3 contracts
Samples: Contractor Agreement, Sealcoating Agreement, Court Resurfacing Agreement
Performance of Work. All work described in this Section 8 shall be performed only by Txxxxx’s Contractor shall: (a) conform to the Approved Working Drawings; (b) comply with all applicable Laws (including building codes), all applicable standards of the American Insurance Association and the National Electrical Code, and all building material manufacturer’s specifications; (c) comply with all rules and regulations from time to time reasonably adopted by Landlord to govern construction in or by contractors and subcontractors approved in writing by Landlord and only in accordance with plans and specifications approved by Landlord in writing. If Landlord elects, in its sole discretion, to supervise any work described in this Section 8, Tenant shall pay to Landlord a construction management fee equal to 5% of the cost of such work. Tenant shall cause all contractors and subcontractors to procure and maintain insurance coverage naming Landlord, Landlord’s Mortgagee, Landlord’s property management company and Landlord’s asset management company as additional insureds against such risks, in such amounts, and with such companies as Landlord may reasonably require. Tenant shall provide Landlord with the identities, mailing addresses and telephone numbers of all persons performing work or supplying materials prior to beginning such construction and Landlord may post on and about the Premises notices of non-responsibility pursuant to applicable Laws. All such work Building, including the Construction Rules and Regulations; (d) shall be performed in accordance with all Laws and in a good and workmanlike professional manner, consistent with industry standards applicable to similar buildings in the Salt Lake City metropolitan area; and (e) be performed at such times and in such manner so as not to damage the Building (including the Premises, the Building’s Structure and the Building’s Systems) and shall use materials of a quality that is at least equal to the quality designated by Landlord as the minimum standard for the Building, and in such manner as to cause a minimum of disruption to the other occupants of the Project and interference with other construction in progress and unreasonably interfere with the transaction occupancy of business in the Project and the related complex. Landlord may designate reasonable rules, regulations and procedures for the performance of all such work in the Building (including insurance requirements for contractors) and, to the extent reasonably necessary to avoid disruption to the occupants any other tenant of the Building, the performance of any other work within the Building, or with Landlord’s maintenance or operation of the Building. At all reasonable times during construction of the Tenant Improvements, Landlord and Landlord’s employees and agents shall have the right to designate enter the time when Premises to inspect the Tenant Improvement Work, and to require the correction of any faulty work or any material deviation from the Approved Working Drawings. Tenant shall not close-up any Tenant Improvement Work affecting the life safety, telecommunications, heating, ventilation and air conditioning, plumbing, electrical or other Systems in the Premises until the same have been inspected and approved by Lxxxxxxx’s agents, such inspection and approval not to be unreasonably delayed. No inspection or approval by Landlord of any such work may shall constitute an endorsement thereof or any representation as to the adequacy thereof for any purpose or the conformance thereof with any applicable Laws, and Tenant shall be performedfully responsible and liable therefor. All such work Tenant shall reimburse Landlord for the cost of any repairs, corrections or restoration which may affect must be made, in Landlord’s good faith judgment, to the Premises or any other portion of the Building’s Structure or the Building’s Systems must be approved , if caused by the Project’s engineer failure of record, at Tenant’s expense and, at Landlord’s election, must be performed by Landlord’s usual contractor for such work. All work affecting the roof of the Building must be performed by Landlord’s roofing contractor and no such work will be permitted if it would void or reduce or otherwise adversely affect the warranty on the roof. Upon completion of any work described in this Section 8, except with respect to any Permitted Alterations Contractor or any repairs required other of Tenant’s agents, contractors or subcontractors (collectively, “Tenant’s Agents”) to be made by Tenant under Section 8.2, Tenant shall furnish Landlord comply with accurate reproducible “as-built” CADD files of the improvements as constructedApproved Working Drawings.
Appears in 2 contracts
Samples: Purchase and Sale Agreement (Polarityte, Inc.), Lease Agreement (Polarityte, Inc.)
Performance of Work. All Alterations shall be made at Tenant’s sole expense and by contractors or mechanics approved by Landlord, shall be made at such times and in such manner as Landlord may from time to time designate, and shall become the property of Landlord without its obligation to pay therefor. All work described in this Section 8 with respect to any Alterations shall be performed only by Landlord or by contractors and subcontractors approved in writing by Landlord and only in accordance with plans and specifications approved by Landlord in writing. If Landlord elects, in its sole discretion, to supervise any work described in this Section 8, Tenant shall pay to Landlord a construction management fee equal to 5% of the cost of such work. Tenant shall cause all contractors and subcontractors to procure and maintain insurance coverage naming Landlord, Landlord’s Mortgagee, Landlord’s property management company and Landlord’s asset management company as additional insureds against such risks, in such amounts, and with such companies as Landlord may reasonably require. Tenant shall provide Landlord with the identities, mailing addresses and telephone numbers of all persons performing work or supplying materials prior to beginning such construction and Landlord may post on and about the Premises notices of non-responsibility pursuant to applicable Laws. All such work shall be performed in accordance with all Laws and in a good and workmanlike manner so as not to damage the Building (including the Premisesmanner, the Building’s Structure and the Building’s Systems) and shall use materials be of a quality that is at least equal to or exceeding the quality designated by Landlord as the minimum standard then existing construction standards for the BuildingBuilding and must be of a type, and the floors and ceilings must be finished in such manner as a manner, customary for general office use and other uses common to cause a minimum of disruption first-class office buildings in the vicinity. Alterations shall be diligently prosecuted to completion to the other occupants of end that the Project and interference with other construction in progress and with Premises shall be at all times a complete unit except during the transaction of business in the Project and the related complex. Landlord may designate reasonable rules, regulations and procedures for the performance of all such work in the Building (including insurance requirements for contractors) and, to the extent reasonably necessary to avoid disruption to the occupants of the Building, shall have the right to designate the time when such work may be performed. All such work which may affect the Building’s Structure or the Building’s Systems must be approved by the Project’s engineer of record, at Tenant’s expense and, at Landlord’s election, must be performed by Landlord’s usual contractor period necessarily required for such work. All work affecting Alterations shall be made strictly in accordance with all laws, regulations and ordinances relating thereto, and no interior improvements installed in the roof Premises may be removed unless the same are promptly replaced with interior improvements of the Building must same or better quality. Landlord hereby reserves the right to require any contractor or mechanic working in the Premises to provide lien waivers and liability insurance covering the Alterations to the Premises and to require Tenant to secure, at Tenant’s sole cost and expense, completion and lien indemnity bonds satisfactory to Landlord, and/or to require such other instruments as may be performed reasonably requested by Landlord’s roofing contractor and no such work will be permitted if it would void or reduce or otherwise adversely affect . Tenant shall give Landlord ten (10) days written notice prior to the warranty on the roof. Upon completion commencement of any work described in this Section 8Alterations and shall allow Landlord to enter the Premises and post appropriate notices to avoid liability to contractors or material suppliers for payment for any Alterations. All Alterations (including, except with respect without limitation, all improvements to any Permitted Alterations or any repairs required to be the Premises made by Tenant under Section 8.2, Tenant shall furnish Landlord with accurate reproducible “as-built” CADD files of the improvements as constructed.pursuant to
Appears in 2 contracts
Samples: Office Building Lease, Office Building Lease (E2open Inc)
Performance of Work. All work described in this Section 8 performed by Tenant's Contractor shall be performed only strictly conform to the Approved Working Drawings, shall comply with all Governmental Requirements (including building codes) and all applicable standards of the American Insurance Association and the National Electrical Code and all building material manufacturer's specifications, shall comply with all rules and regulations from time to time adopted by Landlord to govern construction in or by contractors about the Project, including the Tenant Construction Rules and subcontractors approved in writing by Landlord and only in accordance with plans and specifications approved by Landlord in writing. If Landlord elects, in its sole discretion, to supervise any work described in this Section 8, Tenant shall pay to Landlord a construction management fee equal to 5% of the cost of such work. Tenant shall cause all contractors and subcontractors to procure and maintain insurance coverage naming Landlord, Landlord’s Mortgagee, Landlord’s property management company and Landlord’s asset management company Regulations attached hereto as additional insureds against such risks, in such amountsSchedule 1, and with such companies as Landlord may reasonably require. Tenant shall provide Landlord with the identities, mailing addresses and telephone numbers of all persons performing work or supplying materials prior to beginning such construction and Landlord may post on and about the Premises notices of non-responsibility pursuant to applicable Laws. All such work shall be performed in accordance with all Laws and in a good and workmanlike professional manner and so as not to damage interfere with the Building (including the Premises, the Building’s Structure and the Building’s Systems) and shall use materials occupancy of a quality that is at least equal to the quality designated by Landlord as the minimum standard for the Building, and in such manner as to cause a minimum of disruption to the any other occupants tenant of the Project and interference with other construction in progress and with the transaction of business in the Project and the related complex. Landlord may designate reasonable rulesProject, regulations and procedures for the performance of all such any other work in within the Building (including insurance requirements for contractors) andProject, to the extent reasonably necessary to avoid disruption to the occupants or with Landlord's maintenance or operation of the BuildingProject. At all times during construction of the Tenant Improvements, Landlord and Landlord's employees and agents shall have the right to designate enter the time when Premises to inspect the Tenant Improvement Work, and to require the correction of any faulty work or any material deviation from the Approved Working Drawings. Tenant shall not close-up any Tenant Improvement Work affecting the life safety, telecommunications, heating, ventilation and air conditioning, plumbing, electrical or other Building Systems in the Premises until the same have been inspected and approved by Landlord's agents. No inspection or approval by Landlord of any such work may be performed. All such work which may affect shall constitute an endorsement thereof or any representation as to the Building’s Structure adequacy thereof for any purpose or the Building’s Systems must conformance thereof with any Governmental Requirements, and Tenant shall be approved by fully responsible and liable therefor. In addition to the Project’s engineer of record, at Tenant’s expense and, at Landlord’s election, must be performed by Landlord’s usual contractor for such work. All work affecting the roof of the Building must be performed by Landlord’s roofing contractor and no such work will be permitted if it would void or reduce or otherwise adversely affect the warranty on the roof. Upon completion of any work described in this Section 8, except with respect to any Permitted Alterations or any repairs required to be made by Tenant Construction Administration Costs under Section 8.24.3 below, Tenant shall furnish reimburse Landlord with accurate reproducible “as-built” CADD files for the cost of any repairs, corrections or restoration which must be made, in Landlord's good faith judgment, to the improvements as constructedPremises if caused by Tenant's Contractor or any other of Tenant's Agents.
Appears in 2 contracts
Samples: Lease (Trimble Navigation LTD /Ca/), Lease Agreement (Trimble Navigation LTD /Ca/)
Performance of Work. All work described in this Section 8 shall be performed only by Landlord or by contractors and subcontractors approved in writing by Landlord and only in accordance with plans and specifications approved by Landlord in writing. If Landlord electsLandlord, in its sole discretionsuch approval not to be unreasonably withheld, to supervise any work described in this Section 8, Tenant shall pay to Landlord a construction management fee equal to 5% of the cost of such workconditioned or delayed. Tenant shall cause all contractors and subcontractors to procure and maintain insurance coverage naming Landlord, Landlord’s Mortgagee, Landlord’s 's property management company and Landlord’s 's asset management company as additional insureds against such risks, in such amounts, and with such companies as Landlord may reasonably require. Tenant shall provide Landlord with the identities, mailing addresses and telephone numbers of all persons performing work or supplying materials prior to beginning such construction and Landlord may post on and about the Premises notices of non-responsibility pursuant to applicable Laws. All such work shall be performed in accordance with all Laws and in a good and workmanlike manner so as not to damage the Building (including the Premises, the Building’s 's Structure and the Building’s 's Systems) and shall use materials of a quality that is at least equal to the quality designated by Landlord as the minimum standard for the Building, and in such manner as to cause a minimum of disruption to the other occupants of the Project and interference with other construction in progress and with the transaction of business in the Project and the related complex. Landlord may designate reasonable rules, regulations and procedures for the performance of all such work in the Building (including insurance requirements for contractors) and, to the extent reasonably necessary to avoid disruption to the occupants of the Building, shall have the right to designate the time when such work may be performed). All such work which may affect the Building’s 's Structure or the Building’s 's Systems must be approved by the Project’s Building's engineer of record, record at Tenant’s 's expense and, at Landlord’s 's election, must be performed by Landlord’s 's usual contractor for such work, provided that the cost of such contractor's work shall not exceed the cost of other similar-quality contractors for similar services in other similar buildings located in the submarket in the city in which the Building is located. All work affecting the roof of the Building must be performed by Landlord’s 's roofing contractor contractor, and no such work will be permitted if it would void or reduce or otherwise adversely affect the warranty on the roof. Upon Landlord's request, Tenant shall provide sworn statements, including the names, addresses and copies of contracts for all contractors, and upon completion of any work described in this Section 8, except with respect to any Permitted Alterations or any repairs required to be made by Tenant under Section 8.2, Tenant shall promptly furnish Landlord with accurate reproducible “as-built” CADD files sworn owner's and contractor's statements and full and final waivers of lien covering all labor and materials included in the improvements as constructedwork in question.
Appears in 2 contracts
Samples: Lease Agreement (Airvana Inc), Lease Agreement (Airvana Inc)
Performance of Work. All work described in this Section 8 shall be performed only by Tenant’s Contractor shall: (a) strictly conform to the Approved Working Drawings; (b) comply with all Applicable Laws (including building codes), all applicable standards of the American Insurance Association and the National Electrical Code, and all building material manufacturer’s specifications; (c) comply with all rules and regulations from time to time adopted by Landlord to govern construction in or by contractors and subcontractors approved in writing by Landlord and only in accordance with plans and specifications approved by Landlord in writing. If Landlord elects, in its sole discretion, to supervise any work described in this Section 8, Tenant shall pay to Landlord a construction management fee equal to 5% of the cost of such work. Tenant shall cause all contractors and subcontractors to procure and maintain insurance coverage naming Landlord, Landlord’s Mortgagee, Landlord’s property management company and Landlord’s asset management company as additional insureds against such risks, in such amounts, and with such companies as Landlord may reasonably require. Tenant shall provide Landlord with the identities, mailing addresses and telephone numbers of all persons performing work or supplying materials prior to beginning such construction and Landlord may post on and about the Premises notices of non-responsibility pursuant to applicable Laws. All such work Building; and (d) shall be performed in accordance with all Laws and in a good and workmanlike manner so as not professional manner, consistent with industry standards applicable to damage the Building (including the PremisesClass A office space in Santa Cxxxx County, the Building’s Structure and the Building’s Systems) and shall use materials of a quality that is at least equal to the quality designated by Landlord as the minimum standard for the Building, and in such manner as to cause a minimum of disruption to the other occupants Sustainable Practices. At all times during construction of the Project Tenant Improvements, Landlord and interference with other construction in progress Landlord’s employees and with the transaction of business in the Project and the related complex. Landlord may designate reasonable rules, regulations and procedures for the performance of all such work in the Building (including insurance requirements for contractors) and, to the extent reasonably necessary to avoid disruption to the occupants of the Building, agents shall have the right to designate enter the time when such Premises to inspect the Tenant Improvement Work, and to require the correction of any faulty work may be performedor any material deviation from the Approved Working Drawings. All such work which may affect Tenant shall not close-up any Tenant Improvement Work affecting the Building’s Structure life safety, telecommunications, heating, ventilation and air conditioning, plumbing, electrical or other systems in the Building’s Systems must be Premises until the same have been inspected and approved by the Project’s engineer of record, at Tenant’s expense and, at Landlord’s election, must be performed by Landlord’s usual contractor agents. No inspection or approval by Landlord of any such work shall constitute an endorsement thereof or any representation as to the adequacy thereof for such workany purpose or the conformance thereof with any Applicable Laws, and Tenant shall be fully responsible and liable therefor. All work affecting Tenant shall reimburse Landlord for the roof cost of any repairs, corrections or restoration which must be made, in Landlord’s good faith judgment, to the Premises or any other portion of the Building must Building, if caused by Tenant’s Contractor or any other of Tenant’s Agents. Landlord shall not be performed entitled to a construction management fee or administrative fee for Landlord’s involvement with the Tenant Improvement Work; provided, however, that the foregoing shall not limit any the provisions of Section 4.1(b) and Section 7 providing for reimbursement of certain costs incurred by Landlord’s roofing contractor and no such work will be permitted if it would void or reduce or otherwise adversely affect the warranty on the roof. Upon completion of any work described in this Section 8, except with respect to any Permitted Alterations or any repairs required to be made by Tenant under Section 8.2, Tenant shall furnish Landlord with accurate reproducible “as-built” CADD files of the improvements as constructed.
Appears in 2 contracts
Samples: Lease Agreement (Silver Spring Networks Inc), Lease Agreement (Silver Spring Networks Inc)
Performance of Work. All work described in this Section 8 shall be performed only by Tenant's Contractor shall: (a) strictly conform to the Approved Working Drawings; (b) comply with all Applicable Laws (including building codes), all applicable standards of the American Insurance Association and the National Electrical Code, and all building material manufacturer's specifications; (c) comply with all rules and regulations from time to time adopted by Landlord to govern construction in or by contractors and subcontractors approved in writing by Landlord and only in accordance with plans and specifications approved by Landlord in writing. If Landlord elects, in its sole discretion, to supervise any work described in this Section 8, Tenant shall pay to Landlord a construction management fee equal to 5% of the cost of such work. Tenant shall cause all contractors and subcontractors to procure and maintain insurance coverage naming Landlord, Landlord’s Mortgagee, Landlord’s property management company and Landlord’s asset management company as additional insureds against such risks, in such amounts, and with such companies as Landlord may reasonably require. Tenant shall provide Landlord with the identities, mailing addresses and telephone numbers of all persons performing work or supplying materials prior to beginning such construction and Landlord may post on and about the Premises notices of non-responsibility pursuant to applicable Laws. All such work Building; and (d) shall be performed in accordance with all Laws and in a good and workmanlike manner so as not professional manner, consistent with industry standards applicable to damage the Building (including the Premisesfirst class office space in Santa Xxxxx County, the Building’s Structure and the Building’s Systems) and shall use materials of a quality that is at least equal to the quality designated by Landlord as the minimum standard for the Building, and in such manner as to cause a minimum of disruption to the other occupants Sustainable Practices. At all times during construction of the Project Tenant Improvements, Landlord and interference with other construction in progress Landlord's employees and with the transaction of business in the Project and the related complex. Landlord may designate reasonable rules, regulations and procedures for the performance of all such work in the Building (including insurance requirements for contractors) and, to the extent reasonably necessary to avoid disruption to the occupants of the Building, agents shall have the right to designate enter the time when such Premises upon reasonable prior notice to Tenant and compliance with Tenant's site and security requirements to inspect the Tenant Improvement Work, and to require the correction of any faulty work may be performedor any material deviation from the Approved Working Drawings. All such work which may affect Prior to closing up any Tenant Improvement Work affecting the Building’s Structure life safety, telecommunications, heating, ventilation and air conditioning, plumbing, electrical or other systems in the Building’s Systems must be approved by the Project’s engineer Premises, Tenant shall provide notice to Landlord of record, at Tenant’s expense and, at Landlord’s election, must be performed by Landlord’s usual contractor for its intent to do so to provide Tenant an opportunity to inspect such work. All Such notice to Tenant shall be provided prior to or concurrent with Tenant's request for any required inspection from the applicable governmental agencies. No inspection or approval by Landlord of any such work affecting shall constitute an endorsement thereof or any representation as to the roof adequacy thereof for any purpose or the conformance thereof with any Applicable Laws, and Tenant shall be fully responsible and liable therefor. Tenant shall reimburse Landlord for the cost of any repairs, corrections or restoration which must be made, in Landlord's good faith judgment, to the Premises or any other portion of the Building must be performed Building, if caused by Landlord’s roofing contractor and no such work will be permitted if it would void or reduce or otherwise adversely affect the warranty on the roof. Upon completion of any work described in this Section 8, except with respect to any Permitted Alterations Tenant's Contractor or any repairs required to be made by Tenant under Section 8.2, Tenant shall furnish Landlord with accurate reproducible “as-built” CADD files other of the improvements as constructedTenant's Agents.
Appears in 2 contracts
Samples: Lease Agreement (Forescout Technologies, Inc), Lease Agreement (Forescout Technologies, Inc)
Performance of Work. All work described in this Section 8 shall be performed only by Landlord Landlord’s usual contractor for such work at competitive rates or by contractors and subcontractors approved in writing by Landlord and only in accordance with plans and specifications approved by Landlord in writing. If Landlord electsLandlord, in its sole discretionwhich approval shall not be unreasonably withheld, to supervise any work described in this Section 8, Tenant shall pay to Landlord a construction management fee equal to 5% of the cost of such workconditioned or delayed. Tenant shall cause all contractors and subcontractors to procure and maintain insurance coverage naming Landlord, Landlord’s Mortgagee, Landlord’s property management company and company, Landlord’s asset management company and such other persons or entities as Landlord may reasonably designate in writing to Tenant from time to time as additional insureds using ISO additional insured endorsement CG 20 11 (or a substitute satisfactory to Landlord providing equivalent coverage), and under the commercial umbrella, if any, against such risks, in such amounts, and with such companies as Landlord may reasonably require. Tenant shall provide Landlord with the identities, mailing addresses and telephone numbers of all persons performing work or supplying materials prior to beginning such construction construction, and Landlord may post on and about the Premises notices of non-responsibility pursuant to applicable Laws. All such work shall be performed in accordance with all Laws Laws, the Underlying Documents and in a good and workmanlike manner so as not to damage the Building (including the Premises, the Building’s Structure and the Building’s Systems) and shall use materials of a quality that is at least equal to the quality designated by Landlord as the minimum standard for the Building, and in such manner as to cause a minimum of disruption to the other occupants of the Project and interference with other construction in progress and with the transaction of business in the Project and the related complex. Landlord may designate reasonable rules, regulations and procedures for the performance of all such work in the Building (including insurance requirements for contractors) and, to the extent reasonably necessary to avoid disruption to the occupants of the Building, shall have the right to designate the time when such work may be performed). All such work which that may affect the Building’s Structure or the Building’s Systems must be approved by the ProjectBuilding’s engineer of record, at Tenant’s expense and, at Landlord’s election, must be performed by Landlord’s usual contractor for such workwork at competitive rates. All work affecting the roof of the Building must be performed by Landlord’s roofing contractor at competitive rates and no such work will be permitted if it would void or reduce or otherwise adversely affect the warranty on the roof. Upon completion of any work described in this Section 8, except with respect to any Permitted Alterations or any repairs required to be made by Tenant under Section 8.2, Tenant shall furnish Landlord with accurate reproducible “as-built” CADD files of the improvements as constructed.
Appears in 1 contract
Samples: Lease Agreement (Hipcricket, Inc.)
Performance of Work. All work described in this Section 8 shall be performed only by Landlord or by contractors and subcontractors approved in writing by Landlord and only in accordance with plans and specifications approved by Landlord in writing. If Landlord elects, in its sole discretion, to supervise any work described in this Section 8, Tenant shall pay to Landlord a construction management fee equal to 5% of the cost of such work. Tenant shall cause all contractors and subcontractors to procure and maintain insurance coverage naming Landlord, Landlord’s Mortgagee, Landlord’s property management company and Landlord’s asset management company as additional insureds against such risks, in such amounts, and with such companies as Landlord may reasonably require. Tenant shall provide Landlord with the identities, mailing addresses and telephone numbers of all persons performing work or supplying materials prior to beginning such construction and Landlord may post on and about the Premises notices of non-responsibility pursuant to applicable Laws. All such work shall be performed in accordance with all Laws and in a good and workmanlike manner so as not to damage the Building (including the Premises, the Building’s Structure and the Building’s Systems) and shall use materials of a quality that is at least equal to the quality designated by Landlord as the minimum standard for the Building, and in such manner as to cause a minimum of disruption to the other occupants of the Project and interference with other construction in progress and with the transaction of business in the Project and the related complexProject. Landlord may designate reasonable rules, regulations and procedures for the performance of all such work in the Building (including insurance requirements for contractors) and, to the extent reasonably necessary to avoid disruption to the occupants of the Building, shall have the right to designate the time when such work may be performed. All such work which may affect the Building’s Structure or the Building’s Systems must be approved by the Project’s engineer of record, at Tenant’s expense and, at Landlord’s election, must be performed by Landlord’s usual contractor for such work. All work affecting the roof of the Building must be performed by Landlord’s roofing contractor and no such work will be permitted if it would void or reduce or otherwise adversely affect the warranty on the roof. Upon completion of any work described in this Section 8, except with respect to any Permitted Alterations or any repairs required to be made by Tenant under Section 8.2, Tenant shall furnish Landlord with accurate reproducible “as-built” CADD files of the improvements as constructed.
Appears in 1 contract
Samples: Lease Agreement (Mimecast LTD)
Performance of Work. All work described in this Section 8 which affects the Building’s Structure and/or the Building’s Systems shall be performed only by Landlord or by contractors and subcontractors approved in writing by Landlord, which approval shall not be unreasonably withheld, conditioned or delayed (which approval or disapproval shall be provided by Landlord within three (3) business days of Landlord’s receipt of the identity of the applicable contractor and only in accordance with plans subcontractor). Landlord hereby acknowledges and specifications agrees that Tenant’s contractors and subcontractors approved by Landlord in writing. If Landlord elects, connection with the design and construction of the Tenant Improvements shall be deemed to be approved in its sole discretion, to supervise any connection with Tenant’s work described in this Section 8, Tenant shall pay to Landlord a construction management fee equal to 5% of the cost of such work. Tenant shall cause all contractors and subcontractors to procure and maintain insurance coverage naming Landlord, Landlord’s Mortgagee, Landlord and Landlord’s property management company and Landlord’s asset management company as additional insureds against such risks, in such amounts, on such forms, and with such companies as Landlord may reasonably requirerequire as set forth on Exhibit I attached hereto. Tenant shall provide Landlord with the identities, mailing addresses and telephone numbers of all persons performing work or supplying materials prior to beginning such construction and Landlord may post on and about the Premises notices of non-responsibility pursuant to applicable Laws. All such work shall be performed in accordance with all applicable Laws and in a good and workmanlike manner so as not to damage the Building (including the Premises, the Building’s Structure and the Building’s Systems) and shall use materials of a quality that is at least equal to the quality designated by Landlord as the minimum standard for the Building, and in such manner as to cause a minimum of disruption to the other occupants of the Project and interference with other construction in progress and with the transaction of business in the Project and the related complex. Landlord may designate reasonable rules, regulations and procedures for the performance of all such work in the Building (including insurance requirements for contractors) and, to the extent reasonably necessary to avoid disruption to the occupants of the Building, shall have the right to designate the time when such work may be performed). All such work which may affect the Building’s Structure or the Building’s Systems must be approved by the Project’s engineer of record, at Tenant’s expense andSystems, at Landlord’s election, must be performed by Landlord’s usual contractor for such workwork or a contractor approved by Landlord, which approval shall not be unreasonably withheld, conditioned or delayed. All work affecting the roof of the Building must be performed by Landlord’s roofing contractor or a contractor approved by Landlord, which approval shall not be unreasonably withheld, conditioned or delayed, and no such work will be permitted if it would void or reduce or otherwise adversely affect the warranty on the roof. Upon completion of any work described in this Section 8, except with respect to any Permitted Alterations or any repairs required to be made by Tenant under Section 8.2, Tenant shall furnish Landlord with accurate reproducible “as-built” CADD files of the improvements as constructed.
Appears in 1 contract
Performance of Work. All work described in this Section 8 shall be performed only by Landlord or by contractors and subcontractors approved in writing by Landlord and only in accordance with plans and specifications approved by Landlord in writing. If Landlord electsLandlord, in its sole discretionwhich consent shall not be unreasonably withheld, to supervise any work described in this Section 8, Tenant shall pay to Landlord a construction management fee equal to 5% of the cost of such workconditioned or delayed. Tenant shall cause all contractors and subcontractors to procure and maintain insurance coverage naming Landlord, Landlord’s Mortgagee, Landlord’s property management company and Landlord’s asset management company Landlord as an additional insureds insured against such risks, in such amounts, and with such companies as Landlord may reasonably require. Tenant shall provide Landlord with the identities, mailing addresses and telephone numbers of all persons performing work or supplying materials prior to beginning such construction and Landlord may post on and about the Premises notices of non-responsibility pursuant to applicable Laws. All such work shall be performed in accordance with all Laws and in a good and workmanlike manner so as not to damage the Building (including the Premises, the Building’s Structure and the Building’s Systems) and shall use materials ). Except of a quality that is at least equal to the quality designated by Landlord as the minimum standard for the BuildingTenant’s Work described on Exhibit B, and in such manner as to cause a minimum of disruption to the other occupants of the Project and interference with other construction in progress and with the transaction of business in the Project and the related complex. Landlord may designate reasonable rules, regulations and procedures for the performance of all such work in the Building (including insurance requirements for contractors) and, to the extent reasonably necessary to avoid disruption to the occupants of the Building, shall have the right to designate the time when such work may be performed. All such work which may affect the Building’s Structure or the Building’s Systems must be approved by the ProjectBuilding’s engineer of record, at Tenant’s expense and, at Landlord’s election, must be performed by Landlord’s usual contractor for such work. All work affecting Tenant shall provide sworn statements, including the roof names, addresses and copies of the Building must be performed by Landlord’s roofing contractor contracts for all contractors, and no such work will be permitted if it would void or reduce or otherwise adversely affect the warranty on the roof. Upon upon completion of any work described in this Section 8, except with respect to any Permitted Alterations or any repairs required to be made by Tenant under Section 8.2, Tenant shall promptly furnish Landlord with accurate reproducible “as-built” CADD files sworn owner’s and contractor’s statements and full and final waivers of lien covering all labor and materials included in the improvements as constructedwork in question. Tenant shall provide sworn statements, including the names, addresses and copies of contracts for all contractors, and upon completion of any work shall promptly furnish Landlord with sworn owner’s and contractor’s statements and full and final waivers of lien covering all labors and materials included in the work in question.
Appears in 1 contract
Performance of Work. (a) All work described in this Section 8 by Tenant shall be performed only under a valid permit when required, a copy of which shall be furnished to Landlord before commencement of such work.
(b) All work shall comply in all respects with (i) all applicable Laws; (ii) applicable standards of the American Insurance Association (formerly, the National Board of Fire Underwriters) and the National Electrical Code; and (iii) building material manufacturer’s specifications.
(c) Tenant’s contractors, approved by Landlord or pursuant to Section 6(e) of this Exhibit C, shall be licensed contractors, possessing good labor relations (including use of union labor if required by Landlord), capable of performing quality workmanship and working in harmony with Landlord’s contractors and subcontractors in the Building. All work shall be coordinated with any other construction or other work in the Building in order not to adversely affect construction work being performed by or for Landlord or its tenants.
(d) Tenant shall use only new, first-class materials, except where explicitly shown in the plans approved by Landlord. All work shall be done in a good and workmanlike manner. Tenant shall obtain contractors’ warranties of at least one (1) year duration from the completion of the work against defects in materials and workmanship.
(e) At Tenant’s expense, Tenant shall engage the services of an on-site project manager approved in writing advance by and reasonably acceptable to Landlord, who will be charged with the task of performing daily supervision of the work. Such on-site project manager shall be accountable and responsible to Tenant and to Landlord and, where necessary, shall serve as a liaison between Landlord and only in accordance Tenant with plans and specifications approved by Landlord in writing. If Landlord elects, in its sole discretion, respect to supervise any work described in this Section 8, the work.
(f) Tenant shall pay to Landlord a construction management fee equal to 5% percentage of the cost of any tenant work sufficient to compensate Landlord for all overhead, general conditions, fees and other costs and expenses arising from Landlord’s supervision of or involvement with such work. Tenant shall cause all contractors and subcontractors to procure and maintain insurance coverage naming Landlord, Landlord’s Mortgagee, Landlord’s property management company and Landlord’s asset management company as additional insureds against such risks, in such amounts, and with such companies as Landlord may reasonably require. Tenant shall provide Landlord with the identities, mailing addresses and telephone numbers of all persons performing work or supplying materials prior to beginning such construction and Landlord may post on and about the Premises notices of non-responsibility pursuant to applicable Laws. All such work shall be performed in accordance with all Laws and in a good and workmanlike manner so as not to damage the Building (including the Premises, the Building’s Structure and the Building’s Systems) and shall use materials of a quality that is at least equal to the quality designated by Landlord as the minimum standard for the Building, and in such manner as to cause a minimum of disruption to the other occupants of the Project and interference with other construction in progress and with the transaction of business in the Project and the related complex. Landlord may designate reasonable rules, regulations and procedures for the performance of all such work in the Building (including insurance requirements for contractors) and, to the extent reasonably necessary to avoid disruption to the occupants of the Building, shall have the right to designate the time when such work may be performed. All such work which may affect the Building’s Structure or the Building’s Systems must be approved by the Project’s engineer of record, at Tenant’s expense and, at Landlord’s election, must be performed by Landlord’s usual contractor for such work. All work affecting the roof of the Building must be performed by Landlord’s roofing contractor and no such work will be permitted if it would void or reduce or otherwise adversely affect the warranty on the roof. Upon completion of any work described in this Section 8, except with respect to any Permitted Alterations or any repairs required to be made by Tenant under Section 8.2, Tenant shall furnish Landlord with accurate reproducible “as-built” CADD files of the improvements as constructed.
Appears in 1 contract
Samples: Lease Agreement (Nautilus, Inc.)
Performance of Work. (a) All work described in this Section 8 by Tenant shall be performed only by under a valid permit when required, a copy of which shall be furnished to Landlord or by before commencement of such work.
(b) All work shall comply in all respects with (i) all applicable Laws; (ii) applicable standards of the American Insurance Association (formerly, the National Board of Fire Underwriters) and the National Electrical Code; and (iii) building material manufacturer’s specifications.
(c) Tenant’s contractors shall be licensed contractors, possessing good labor relations, capable of performing quality workmanship and working in harmony with Landlord’s contractors and subcontractors in the Building. All work shall be coordinated with any other construction or other work in the Building in order not to adversely affect construction work being performed by or for Landlord or its tenants.
(d) Tenant shall use only new materials that are at least equivalent to those then located in the Premises, except where explicitly shown in the plans approved by Landlord. All work shall be done in a good and workmanlike manner. Tenant shall obtain contractors’ warranties of at least one (1) year duration from the completion of the work against defects in materials and workmanship.
(e) If Tenant’s work involves a Material Alteration, at Tenant’s reasonable expense, Tenant shall engage the services of an on-site project manager approved in writing advance by and reasonably acceptable to Landlord, who will be charged with the task of performing daily supervision of the work. Such on-site manager shall be familiar with the Rules and Regulations and the construction procedures for the Building and all personnel of the Building engaged directly or indirectly in the management, operation and construction of the Building. Such on-site project manager shall be accountable and responsible to Tenant and to Landlord and, where necessary, shall serve as a liaison between Landlord and only in accordance Tenant with plans and specifications approved by Landlord in writing. respect to the work.
(f) If Landlord elects, in its sole discretion, to supervise any work described in this Section 8Tenant’s Work involves a Material Alteration, Tenant shall pay to Landlord a construction management fee equal to 5% percentage of the cost of any tenant work (such work. percentage, which shall vary depending upon whether or not Tenant shall cause all contractors and subcontractors to procure and maintain insurance coverage naming orders the work directly from Landlord, Landlord’s Mortgagee, Landlord’s property management company and Landlord’s asset management company as additional insureds against such risks, in such amounts, and with such companies as Landlord may reasonably require. Tenant shall provide Landlord with the identities, mailing addresses and telephone numbers of all persons performing work or supplying materials prior to beginning such construction and Landlord may post on and about the Premises notices of non-responsibility pursuant to applicable Laws. All such work shall be performed in accordance with all Laws and in a good and workmanlike manner so as not to damage the Building (including the Premises, the Building’s Structure and the Building’s Systems) and shall use materials of a quality that is at least equal to the quality designated established by Landlord as the minimum standard on a uniform basis for the Building) sufficient to compensate Landlord for all overhead, general conditions, fees and in such manner as to cause a minimum of disruption to the other occupants of the Project costs and interference with other construction in progress and with the transaction of business in the Project and the related complex. Landlord may designate reasonable rules, regulations and procedures for the performance of all such work in the Building (including insurance requirements for contractors) and, to the extent reasonably necessary to avoid disruption to the occupants of the Building, shall have the right to designate the time when such work may be performed. All such work which may affect the Building’s Structure or the Building’s Systems must be approved by the Project’s engineer of record, at Tenant’s expense and, at expenses arising from Landlord’s election, must be performed by Landlord’s usual contractor for supervision of or involvement with such work. All work affecting the roof of the Building must be performed by Landlord’s roofing contractor and no such work will be permitted if it would void or reduce or otherwise adversely affect the warranty on the roof. Upon completion of any work described in this Section 8, except with respect to any Permitted Alterations or any repairs required to be made by Tenant under Section 8.2, Tenant shall furnish Landlord with accurate reproducible “as-built” CADD files of the improvements as constructed.
Appears in 1 contract
Samples: Lease (Ecost Com Inc)
Performance of Work. All work described in this Section 8 shall be performed only by Tenant’s Contractor shall: (a) conform to the Approved Working Drawings; (b) comply with all applicable Laws (including building codes), all applicable standards of the American Insurance Association and the National Electrical Code, and all building material manufacturer’s specifications; (c) comply with all rules and regulations from time to time reasonably adopted by Landlord to govern construction in or by contractors and subcontractors approved in writing by Landlord and only in accordance with plans and specifications approved by Landlord in writing. If Landlord elects, in its sole discretion, to supervise any work described in this Section 8, Tenant shall pay to Landlord a construction management fee equal to 5% of the cost of such work. Tenant shall cause all contractors and subcontractors to procure and maintain insurance coverage naming Landlord, Landlord’s Mortgagee, Landlord’s property management company and Landlord’s asset management company as additional insureds against such risks, in such amounts, and with such companies as Landlord may reasonably require. Tenant shall provide Landlord with the identities, mailing addresses and telephone numbers of all persons performing work or supplying materials prior to beginning such construction and Landlord may post on and about the Premises notices of non-responsibility pursuant to applicable Laws. All such work Building, including the Construction Rules and Regulations; (d) shall be performed in accordance with all Laws and in a good and workmanlike professional manner, consistent with industry standards applicable to similar buildings in the Salt Lake City metropolitan area; and (e) be performed at such times and in such manner so as not to damage the Building (including the Premises, the Building’s Structure and the Building’s Systems) and shall use materials of a quality that is at least equal to the quality designated by Landlord as the minimum standard for the Building, and in such manner as to cause a minimum of disruption to the other occupants of the Project and interference with other construction in progress and unreasonably interfere with the transaction occupancy of business in the Project and the related complex. Landlord may designate reasonable rules, regulations and procedures for the performance of all such work in the Building (including insurance requirements for contractors) and, to the extent reasonably necessary to avoid disruption to the occupants any other tenant of the Building, the performance of any other work within the Building, or with Landlord’s maintenance or operation of the Building. At all reasonable times during construction of the Tenant Improvements, Landlord and Landlord’s employees and agents shall have the right to designate enter the time when such Premises to inspect the Tenant Improvement Work, and to require the correction of any faulty work may be performedor any material deviation from the Approved Working Drawings. All such work which may affect Tenant shall not close-up any Tenant Improvement Work affecting the Building’s Structure life safety, telecommunications, heating, ventilation and air conditioning, plumbing, electrical or other Systems in the Building’s Systems must be Premises until the same have been inspected and approved by the Project’s engineer of record, at Tenant’s expense and, at Landlord’s election, must be performed by Landlord’s usual contractor agents, such inspection and approval not to be unreasonably delayed. No inspection or approval by Landlord of any such work shall constitute an endorsement thereof or any representation as to the adequacy thereof for such workany purpose or the conformance thereof with any applicable Laws, and Tenant shall be fully responsible and liable therefor. All work affecting Tenant shall reimburse Landlord for the roof cost of any repairs, corrections or restoration which must be made, in Landlord’s good faith judgment, to the Premises or any other portion of the Building must be performed Building, if caused by Landlordthe failure of Tenant’s roofing contractor and no such work will be permitted if it would void or reduce or otherwise adversely affect the warranty on the roof. Upon completion of any work described in this Section 8, except with respect to any Permitted Alterations Contractor or any repairs required other of Tenant’s agents, contractors or subcontractors (collectively, “Tenant’s Agents”) to be made by Tenant under Section 8.2, Tenant shall furnish Landlord comply with accurate reproducible “as-built” CADD files of the improvements as constructedApproved Working Drawings.
Appears in 1 contract
Performance of Work. All work described in this Section 8 shall be performed only by Landlord or by contractors and subcontractors reasonably approved in writing by Landlord and only in accordance with plans and specifications approved by Landlord in writing. If Landlord elects, in its sole discretion, to supervise any work described in this Section 8, Tenant shall pay to Landlord a construction management fee equal to 5% of the cost of such workLandlord. Tenant shall cause all contractors and subcontractors to procure and maintain insurance coverage naming Landlord, Landlord’s Mortgagee, Landlord’s property management company and Landlord’s asset management company as additional insureds against such risks, in such amounts, and with such companies as Landlord may reasonably require. Tenant shall provide Landlord with the identities, mailing addresses and telephone numbers of all persons performing work or supplying materials prior to beginning such construction and Landlord may post on and about the Premises notices of non-responsibility pursuant to applicable Laws. All such work shall be performed in accordance with all Laws and in a good and workmanlike manner so as not to damage the Building (including the Premises, the Building’s Structure and the Building’s Systems) and shall use materials of a quality that is at least equal to the quality designated by Landlord as the minimum standard for the Building, and in such manner as to cause a minimum of disruption to the other occupants of the Project and interference with other construction in progress and with the transaction of business in the Project and the related complex. Landlord may designate reasonable rules, regulations and procedures for the performance of all such work in the Building (including insurance requirements for contractors) and, to the extent reasonably necessary to avoid disruption to the occupants of the Building, shall have the right to designate the time when such work may be performed). All such work which may affect the Building’s Structure or the Building’s Systems must be approved by the ProjectBuilding’s engineer of record, at Tenant’s expense and, at Landlord’s election, must be performed by Landlord’s usual contractor for such work. All work affecting the roof of the Building must be performed by Landlord’s roofing contractor and no such work will be permitted if it would void or reduce or otherwise adversely affect the warranty on the roof. Upon completion of any work described in this Section 8, except with respect to any Permitted Alterations Notwithstanding the foregoing or any repairs required other provision of this Lease, Landlord hereby acknowledges and agrees that Tenant shall be permitted to install one additional maximum 50 ton HVAC unit on the roof of the Building and hereby consents to such installation by Tenant’s contractor provided that plans and specifications for the installation of such unit are reasonably approved by Landlord and provided such unit does not adversely affect the structural integrity of the Building or any roof warranty. Such HVAC unit shall not be made removed by Tenant under Section 8.2, Tenant shall furnish at the expiration or earlier termination of this Lease unless Landlord with accurate reproducible “as-built” CADD files of the improvements as constructedotherwise elects.
Appears in 1 contract
Performance of Work. All Except for the Work (which is governed by the attached Work Letter), all work described in this Section 8 shall be performed only by Landlord or by contractors and subcontractors approved in writing by Landlord and only in accordance with plans and specifications approved by Landlord in writing. If Landlord elects, in its sole discretion, to supervise any work described in this Section 8, Tenant shall pay to Landlord a construction management fee equal to 53% of the cost of such work. Tenant shall cause all contractors and subcontractors to procure and maintain insurance coverage naming Landlord, Landlord’s Mortgagee, Landlord’s property management company and Landlord’s asset management company listing the Landlord Insured Parties (defined below) as additional insureds against such risks, in such amounts, and with such companies as Landlord may reasonably require. Tenant shall provide Landlord with the identities, mailing addresses and telephone numbers of all persons performing work in excess of $50,000 or supplying materials in excess of $25,000 prior to beginning such construction and Landlord may post on and about the Premises notices of non-responsibility pursuant to applicable Laws. All such work shall be performed in accordance with all Laws and in a good and workmanlike manner so as not to damage the Building (including the Premises, the Building’s Structure and the Building’s Systems) and shall use materials of a quality that is at least equal to the quality designated by Landlord as the minimum standard for the Building, and in such manner as to cause a minimum of disruption to the other occupants of the Project and interference with other construction in progress and with the transaction of business in the Project and the related complex. Landlord may designate reasonable rules, regulations and procedures for the performance of all such work in the Building (including insurance requirements for contractors) and, to the extent reasonably necessary to avoid disruption to the occupants of the Building, shall have the right to designate the time when such work may be performed. All such work which may affect the Building’s Structure or the Building’s Systems must be approved by the Project’s engineer of record, at Tenant’s expense and, at Landlord’s election, must be performed by Landlord’s usual contractor for such work. All work affecting the roof of the Building must be performed by Landlord’s roofing contractor and no such work will be permitted if it would void or reduce or otherwise adversely affect the warranty on the roof. Upon completion of any work described in this Section 8, except with respect to any Permitted Alterations or any repairs required to be made by Tenant under Section 8.2, Tenant shall furnish Landlord with accurate reproducible “as-built” CADD files (or a comparable format subject to Landlord’s prior written approval) of the improvements as constructed.
Appears in 1 contract
Samples: Lease Agreement (Dirtt Environmental Solutions LTD)
Performance of Work. (a) All work described in this Section 8 by Tenant shall be performed only under a valid permit when required, a copy of which shall be furnished to Landlord before commencement of such work.
(b) All work shall comply in all respects with (i) all applicable Laws; (ii) applicable standards of the American Insurance Association (formerly, the National Board of Fire Underwriters) and the National Electrical Code; and (iii) building material manufacturer’s specifications.
(c) Tenant’s contractors, approved by Landlord or pursuant to Section 6(e) of this Exhibit E, shall be licensed contractors, possessing good labor relations (including use of union labor if required by Landlord), capable of performing quality workmanship and working in harmony with Landlord’s contractors and subcontractors in the Building. All work shall be coordinated with any other construction or other work in the Building in order not to adversely affect construction work being performed by or for Landlord or its tenants.
(d) Tenant shall use only new, first-class materials, except where explicitly shown in the plans approved by Landlord. All work shall be done in a good and workmanlike manner. Tenant shall obtain contractors’ warranties of at least one (1) year duration from the completion of the work against defects in materials and workmanship.
(e) At Tenant’s expense, Tenant shall engage the services of an on-site project manager approved in writing advance by and reasonably acceptable to Landlord, who will be charged with the task of performing daily supervision of the work. Such on-site manager shall be familiar with the Rules and Regulations, the Contractor Rules and Regulations and the construction procedures for the Building and all personnel of the Building engaged directly or indirectly in the management, operation and construction of the Building. Such on-site project manager shall be accountable and responsible to Tenant and to Landlord and, where necessary, shall serve as a liaison between Landlord and only in accordance Tenant with plans and specifications approved by Landlord in writing. If Landlord elects, in its sole discretion, respect to supervise any work described in this Section 8, the work.
(f) Tenant shall pay to Landlord a construction management fee equal to 5% percentage of the cost of any tenant work (such work. percentage, which shall vary depending upon whether or not Tenant shall cause all contractors and subcontractors to procure and maintain insurance coverage naming orders the work directly from Landlord, Landlord’s Mortgagee, Landlord’s property management company and Landlord’s asset management company as additional insureds against such risks, in such amounts, and with such companies as Landlord may reasonably require. Tenant shall provide Landlord with the identities, mailing addresses and telephone numbers of all persons performing work or supplying materials prior to beginning such construction and Landlord may post on and about the Premises notices of non-responsibility pursuant to applicable Laws. All such work shall be performed in accordance with all Laws and in a good and workmanlike manner so as not to damage the Building (including the Premises, the Building’s Structure and the Building’s Systems) and shall use materials of a quality that is at least equal to the quality designated established by Landlord as the minimum standard on a uniform basis for the Building) sufficient to compensate Landlord for all overhead, general conditions, fees and in such manner as to cause a minimum of disruption to the other occupants of the Project costs and interference with other construction in progress and with the transaction of business in the Project and the related complex. Landlord may designate reasonable rules, regulations and procedures for the performance of all such work in the Building (including insurance requirements for contractors) and, to the extent reasonably necessary to avoid disruption to the occupants of the Building, shall have the right to designate the time when such work may be performed. All such work which may affect the Building’s Structure or the Building’s Systems must be approved by the Project’s engineer of record, at Tenant’s expense and, at expenses arising from Landlord’s election, must be performed by Landlord’s usual contractor for supervision of or involvement with such work. All work affecting the roof of the Building must be performed by Landlord’s roofing contractor and no such work will be permitted if it would void or reduce or otherwise adversely affect the warranty on the roof. Upon completion of any work described in this Section 8, except with respect to any Permitted Alterations or any repairs required to be made by Tenant under Section 8.2, Tenant shall furnish Landlord with accurate reproducible “as-built” CADD files of the improvements as constructed.
Appears in 1 contract
Performance of Work. All work described in this Section 8 shall be performed only by Landlord or by contractors and subcontractors approved in writing by Landlord and only Landlord, such approval not to be unreasonably withheld, conditioned or delayed (provided, however, such approval may be granted or withheld in accordance with plans and specifications approved by Landlord in writing. If Landlord electsLandlord’s sole discretion if the work affects the Building’s Structure or the Building’s Systems, in its sole discretionincluding, to supervise any work described in this Section 8without limitation, Tenant shall pay to Landlord a construction management fee equal to 5% of the cost of such workroof, as provided below). Tenant shall cause all contractors and subcontractors to procure and maintain insurance coverage naming Landlord, Landlord’s Mortgagee, Landlord’s property management company and Landlord’s asset management company as additional insureds against such risks, in such amounts, and with such companies as Landlord may reasonably require, but in no event less than: (i) Commercial General Liability insurance on an occurrence basis in amounts not less than $2,000,000 ($1,000,000 of which may be in excess umbrella coverage) naming Landlord, Landlord’s property management company and Invesco Advisers, Inc. (“Invesco”) as additional insureds; (ii) workers’ compensation insurance in amounts required by statute; and (iii) Business Automobile Liability insurance on an occurrence basis in amounts not less than $1,000,000. Tenant shall provide Landlord with insurance certificates for such contractors and subcontractors prior to commencement of any work. Tenant shall provide Landlord with the identities, mailing addresses and telephone numbers of all persons performing work or supplying materials at the Premises (provided, however, if such persons are performing work under contract by a general contractor hired by Tenant, then only the general contractor’s identity and contact information shall be required) prior to beginning such construction and Landlord may post on and about the Premises notices of non-responsibility pursuant to applicable Laws. All such work shall be performed in accordance with all Laws and in a good and workmanlike manner so as not to damage the Building (including the Premises, the Building’s Structure and the Building’s Systems) and shall use materials of a quality that is at least equal to the quality designated by Landlord as the minimum standard for the Building, and in such manner as to cause a minimum of disruption to the other occupants of the Project and interference with other construction in progress and with the transaction of business in the Project and the related complex. Landlord may designate reasonable rules, regulations and procedures for the performance of all such work in the Building (including insurance requirements for contractors) and, to the extent reasonably necessary to avoid disruption to the occupants of the Building, shall have the right to designate the time when such work may be performed). All such work which may affect affecting the Building’s Structure or and the Building’s Systems must be approved by and roof of the Project’s engineer of record, at Tenant’s expense andBuilding shall, at Landlord’s electiondiscretion, must be performed by Landlord’s usual contractor for such work. All work affecting the roof of the Building must be performed or a contractor approved by Landlord’s roofing contractor Landlord in its sole and absolute discretion and no such work will be permitted if it would void or reduce or otherwise adversely affect the warranty on the roof. Upon completion of any work described in this Section 8, except with respect to any Permitted Alterations or any repairs required to be made by Tenant under Section 8.2, Tenant shall furnish Landlord with accurate reproducible “as-built” CADD files of the improvements as constructed.
Appears in 1 contract
Samples: Office Lease Agreement (Arcutis Biotherapeutics, Inc.)
Performance of Work. All work described in this Section 8 (a) The General Contractor selected to construct the Tenant Work shall be performed only by Landlord or by contractors responsible to obtain all required permits for the work.
(b) After Landlord's approval of the Construction Drawings, Tenant's selection (and subcontractors approved in writing by Landlord Landlord's approval) of the General Contractor, and only in accordance with plans and specifications approved by Landlord in writing. If Landlord elects, in its sole discretion, to supervise any work described in this Section 8Tenant's receipt of all required permits for the Tenant Work, Tenant shall pay to Landlord a promptly commence the construction management fee equal to 5% of the cost Tenant Work and diligently pursue the same, to Substantial Completion. The Tenant Work shall be constructed under the supervision and management of Landlord or a representative of Landlord as Landlord may designate in writing to Tenant ("Landlord's Representative"). It is expressly recognized that it is the intent of Tenant to commence occupancy of the Office Improvements on or before March 1, 2001. Landlord shall use commercially reasonable efforts to assist Tenant to accomplish its move-in by that date, provided that Landlord shall not be required to incur any out of pocket expense in rendering such work. assistance.
(c) Tenant shall cause all contractors the Tenant Work to be constructed and subcontractors to procure installed (i) in substantial accordance with the approved Construction Drawings and maintain insurance coverage naming Landlordthis Agreement, including, without limitation, Landlord’s Mortgagee's Construction Rules and Regulations attached to and made a part of this Agreement as Schedule 2, Landlord’s property management company and Landlord’s asset management company as additional insureds against such risks, in such amounts, and with such companies as Landlord may reasonably require. Tenant shall provide Landlord with the identities, mailing addresses and telephone numbers of all persons performing work or supplying materials prior to beginning such construction and Landlord may post on and about the Premises notices of non-responsibility pursuant to applicable Laws. All such work shall be performed in accordance with all Laws and (ii) in a good and workmanlike manner so as not to damage the Building manner, using new materials of good quality, and (including the Premisesiii) in accordance with all applicable Governmental Requirements, including, without limitation, the Building’s Structure Americans with Disabilities Act. Landlord shall have no liability for, and Tenant shall hold Landlord harmless from, any claims by Tenant or others related to any failure or alleged failure of the Building’s Systems) Tenant Work to comply with Governmental Requirements. All Tenant Work, shall be constructed or installed by the General Contractor and shall use materials of a quality that is at least equal to the quality designated any subcontractors approved by Landlord as the minimum standard for the Building, and set forth in such manner as to cause a minimum of disruption to the other occupants of the Project and interference with other construction in progress and with the transaction of business in the Project and the related complexSection 3.1. Landlord may designate reasonable rules, regulations and procedures for the performance of all such work in the Building (including insurance requirements for contractors) and, to the extent reasonably necessary to avoid disruption to the occupants of the Building, Landlord's Representative shall have the right (but not the obligation) from time to designate time to inspect the time when such work may be performedTenant Work as they progress and to advise Tenant of any variances noted from the requirements of the Lease, this Agreement or Landlord's Construction Rules and Regulations. All such work which may affect variances shall be promptly corrected by Tenant. Any supervision, management, or inspection of the Building’s Structure Tenant Work by Landlord or Landlord's Representative are for the sole benefit of Landlord. Landlord's supervision, management, and inspection of the Tenant Work shall in no event be deemed to constitute any representation or warranty by Landlord as to the quality, adequacy, or utility of the Tenant Work, the fitness of the Tenant Work for any particular purpose, or the Building’s Systems must be approved by the Project’s engineer of record, at Tenant’s expense and, at Landlord’s election, must be performed by Landlord’s usual contractor for such work. All work affecting the roof compliance of the Building must be performed by Landlord’s roofing contractor and no such work will be permitted if it would void Tenant Work with the Construction Drawings, this Agreement, or reduce or otherwise adversely affect the warranty on the roof. Upon completion of any work described in this Section 8, except with respect to any Permitted Alterations or any repairs required to be made by Tenant under Section 8.2, Tenant shall furnish Landlord with accurate reproducible “as-built” CADD files of the improvements as constructedapplicable Governmental Requirements.
Appears in 1 contract
Samples: Lease Agreement (Gene Logic Inc)
Performance of Work. (a) Following approval of the Construction Documents by Landlord, the Contractor shall obtain a building permit and, subject to the other terms and conditions of this Exhibit and the Lease, shall cause the Tenant Improvements to be Substantially Completed according to the construction schedule approved by the parties in the Construction Documents. Tenant acknowledges that the work will be performed during Tenant’s occupancy of the Premises; and Landlord and Tenant shall cooperate to reasonably minimize any interference with the performance of the work and Tenant’s use of the Premises. Tenant shall be solely responsible for any injury, loss or damage which may occur to any of the property of Tenant, its agents, employees and contractors, in or about the Premises during the construction period.
(b) Tenant shall indemnify, defend and hold harmless Landlord and the Building from and against all losses, damages, costs (including costs of suit and reasonable attorney’s fees), liabilities, or causes of action arising out of or relating to the Tenant Improvements, including, without limitation, mechanics’ liens or other liens or claims (and all costs or expenses associated therewith) asserted, filed or arising out of any such work, and all damage caused by the Contractor, its subcontractors or their employees.
(c) All work described in this Section 8 Tenant Improvements shall be performed in a safe, first-class and workmanlike manner in conformity with the approved Construction Plans and all applicable Laws and insurance requirements, and Tenant and the Contractor shall avoid interference with other occupants and the efficient, safe and secure operation of the Building. Tenant, the Contractor, subcontractors and suppliers, and their respective employees, agents and independent contractors, shall comply with Landlord’s construction rules for the Building and the general rules of the Building in connection with all aspects of the Tenant Improvements and all related construction activities, including, without limitation, the following: the delivery, moving or removal of materials, equipment, and debris shall be performed at such times, in such locations and using such procedures as reasonably designated by Landlord; all debris and rubbish caused by or resulting from the construction shall be removed and disposed of at least once a week, or more frequently as Landlord may reasonably direct; only by Landlord or by contractors freight elevators may be used for the delivery, moving and subcontractors approved in writing removal of materials, equipment and debris; core drilling may only be performed during such hours and on such days as reasonably directed by Landlord and only in accordance with plans such advance notice and specifications approved such procedures as permits Landlord to approve the location and scope of such drilling and to inspect for resulting structural damage; demolition may only be performed during such hours and on such days as reasonably directed by Landlord in writing. If Landlord elects, in its sole discretion, to supervise any work described in this Section 8, Tenant shall pay to Landlord a construction management fee equal to 5% based on the nature of the cost of such work. Tenant shall cause activity; all contractors and subcontractors to procure and maintain insurance coverage naming Landlord, Landlord’s Mortgagee, Landlord’s property management company and Landlord’s asset management company as additional insureds against such risks, construction activities in such amounts, and with such companies as Landlord may reasonably require. Tenant shall provide Landlord with the identities, mailing addresses and telephone numbers of all persons performing work or supplying materials prior to beginning such construction and Landlord may post on and about the Premises notices must be controlled to minimize noise and prevent dirt, dust, odors, fumes or other matter from infiltrating into adjacent tenant or mechanical areas; all employees, agents and independent contractors of non-responsibility pursuant to applicable Laws. All such work the Contractor, subcontractors and suppliers shall be performed park only in accordance with all Laws and in a good and workmanlike manner so as not to damage the Building (including the Premises, the Building’s Structure and the Building’s Systems) and shall use materials of a quality that is at least equal to the quality areas designated by Landlord as the minimum standard for the Building, and in such manner as to cause a minimum of disruption to the other occupants of the Project and interference with other construction in progress and with the transaction of business in the Project and the related complexLandlord. Landlord may designate reasonable rules, regulations and procedures for the performance of all such work in the Building (including insurance requirements for contractors) and, to the extent reasonably necessary to avoid disruption to the occupants of the Building, shall have the right to designate the time when such work may be performed. All such work which may affect the Building’s Structure or the Building’s Systems must be approved by the Project’s engineer of record, at Tenant’s expense and, at Landlord’s election, must be performed by Landlord’s usual contractor for such work. All work affecting the roof of the Building must be performed by Landlord’s roofing contractor and no such work will be permitted if it would void or reduce or otherwise adversely affect the warranty on the roof. Upon completion of any work described in this Section 8, except with respect to any Permitted Alterations or any repairs required to be made by Tenant under Section 8.2, Tenant shall furnish Landlord with accurate reproducible “as-built” CADD files of the improvements as constructed.
Appears in 1 contract
Samples: Lease Amending Agreement
Performance of Work. All work described in this Section 8 shall be performed only by Landlord or by contractors and subcontractors approved in writing by Landlord and only in accordance with plans and specifications approved by Landlord in writing. If Landlord electsLandlord, in its sole discretionwhich approval shall not be unreasonably withheld, to supervise any work described in this Section 8, Tenant shall pay to Landlord a construction management fee equal to 5% of the cost of such workconditioned or delayed. Tenant shall cause all contractors and subcontractors to procure and maintain insurance coverage naming Landlord, Landlord’s Mortgagee, Landlord and Landlord’s property management company and Landlord’s asset management company as additional insureds against such risks, in such amounts, on such forms, and with such companies as Landlord may reasonably requirerequire as set forth on Exhibit I attached hereto. Tenant shall provide Landlord with the identities, mailing addresses and telephone numbers of all persons contractors and subcontractors performing work or supplying materials prior to beginning such construction and Landlord may post on and about the Premises notices of non-responsibility pursuant to applicable Laws. All such work shall be performed in accordance with all Laws and in a good and workmanlike manner so as not to damage the Building (including the Premises, the Building’s Structure and the Building’s Systems) and shall use materials of a quality that is at least equal to the quality designated by Landlord as the minimum standard for the Building, and in such manner as to cause a minimum of disruption to the other occupants of the Project and interference with other construction in progress and with the transaction of business in the Project and the related complex. Landlord may designate reasonable rules, regulations and procedures for the performance of all such work in the Building (including insurance requirements for contractors) and, to the extent reasonably necessary to avoid disruption to the occupants of the Building, shall have the right to designate the time when such work may be performed). All such work which may affect the Building’s Structure or the Building’s Systems must be approved by the Project’s engineer of record, at Tenant’s expense andSystems, at Landlord’s election, must be performed by Landlord’s usual contractor for such workwork (provided that such contractor charges commercially competitive rates for the work in question) or a contractor approved by Landlord, which approval shall not be unreasonably withheld, conditioned or delayed. All work affecting the roof of the Building must be performed by Landlord’s roofing contractor or a contractor approved by Landlord, which approval shall not be unreasonably withheld, conditioned or delayed, and no such work will be permitted if it would void or reduce or otherwise adversely affect the warranty on the roof. Upon completion of any work described in this Section 8, except with respect to any Permitted Alterations or any repairs required to be made by Tenant under Section 8.2, Tenant shall furnish Landlord with accurate reproducible “as-built” CADD files of the improvements as constructed.
Appears in 1 contract
Samples: Lease Agreement (Zuora Inc)
Performance of Work. All Other than in connection with Cosmetic Alterations, all work described in this Section 8 shall be performed only by Landlord or by contractors and subcontractors approved in writing by Landlord and only in accordance Landlord, such approval not to be unreasonably withheld; provided, however, with plans and specifications approved by Landlord in writing. If Landlord elects, in its sole discretion, respect to supervise any work described in this Section 8Cosmetic Alterations, Tenant shall pay to not use any contractor or subcontractor which Landlord a construction management fee equal to 5% of the cost of such workhas previously disapproved or has notified Tenant that Landlord would disapprove. Tenant shall cause all contractors and subcontractors to procure and maintain insurance coverage naming Landlord, Landlord’s Mortgagee, Landlord’s property management company and Landlord’s asset management company as additional insureds against such risks, in such amounts, and with such companies as Landlord may reasonably require, but in no event less than: (i) Commercial General Liability insurance on an occurrence basis in amounts not less than $2,000,000 ($1,000,000 of which may be in excess umbrella coverage) naming Landlord, Invesco Advisers, Inc. (“Invesco”), Harvest Properties, Inc. (“Harvest”) and the Property Manager as additional insureds; (ii) workers’ compensation insurance in amounts required by statute; and (iii) Business Automobile Liability insurance on an occurrence basis in amounts not less than $1,000,000. Tenant shall provide Landlord with insurance certificates for such contractors and subcontractors prior to commencement of any work. Tenant shall provide Landlord with the identities, mailing addresses and telephone numbers of all persons performing work or supplying materials prior to beginning such construction and Landlord may post on and about the Premises notices of non-responsibility pursuant to applicable Laws. All such work shall be performed in accordance with all Laws and in a good and workmanlike manner so as not to damage the Building (including the Premises, the Building’s Structure and the Building’s Systems) and shall use materials of a quality that is at least equal to the quality designated by Landlord as the minimum standard for the Building, and in such manner as to cause a minimum of disruption to the other occupants of the Project and interference with other construction in progress and with the transaction of business in the Project and the related complex. Landlord may designate reasonable rules, regulations and procedures for the performance of all such work in the Building (including insurance requirements for contractors) and, to the extent reasonably necessary to avoid disruption to the occupants of the Building, shall have the right to designate the time when such work may be performed). All such work which may affect the Building’s Structure or the Building’s Systems must be approved by the Project’s engineer of record, at Tenant’s expense andSystems, at Landlord’s election, must be performed by Landlord’s usual contractor for such workwork or a contractor reasonably approved by Landlord. All work affecting the roof roofs of the Building must be performed by Landlord’s roofing contractor or a contractor reasonably approved by Landlord and no such work will be permitted if it would void or reduce or otherwise adversely affect the warranty on the roof. Upon completion of any work described in this Section 8, except with respect to any Permitted Alterations or any repairs required to be made by Tenant under Section 8.2, Tenant shall furnish Landlord with accurate reproducible “as-built” CADD files of the improvements as constructed.
Appears in 1 contract
Performance of Work. (a) All work described in this Section 8 by Tenant shall be performed only by under a valid permit when required, a copy of which shall be furnished to Landlord or by before commencement of such work.
(b) All work shall comply in all respects with (i) all applicable Laws; (ii) applicable standards of the American Insurance Association (formerly, the National Board of Fire Underwriters) and the National Electrical Code; and (iii) building material manufacturer’s specifications.
(c) Tenant’s contractors shall be licensed contractors, possessing good labor relations, capable of performing quality workmanship and working in harmony with Landlord’s contractors and subcontractors in the Building. All work shall be coordinated with any other construction or other work in the Building in order not to adversely affect construction work being performed by or for Landlord or its tenants.
(d) Tenant shall use only new, first-class materials, except where explicitly shown in the plans approved by Landlord. All work shall be done in a good and workmanlike manner. Tenant shall obtain contractors’ warranties of at least one (1) year duration from the completion of the work against defects in materials and workmanship.
(e) At Tenant’s expense, Tenant shall engage the services of an on-site project manager approved in writing advance by and reasonably acceptable to Landlord, who will be charged with the task of performing daily supervision of the work. Such on-site manager shall be familiar with the Rules and Regulations and the construction procedures for the Building and all personnel of the Building engaged directly or indirectly in the management, operation and construction of the Building. Such on-site project manager shall be accountable and responsible to Tenant and to Landlord and, where necessary, shall serve as a liaison between Landlord and only in accordance Tenant with plans and specifications approved by Landlord in writing. If Landlord elects, in its sole discretion, respect to supervise any work described in this Section 8, the work.
(f) Tenant shall pay to Landlord a construction management fee equal to 5% percentage of the cost of any tenant work (such work. percentage, which shall vary depending upon whether or not Tenant shall cause all contractors and subcontractors to procure and maintain insurance coverage naming orders the work directly from Landlord, Landlord’s Mortgagee, Landlord’s property management company and Landlord’s asset management company as additional insureds against such risks, in such amounts, and with such companies as Landlord may reasonably require. Tenant shall provide Landlord with the identities, mailing addresses and telephone numbers of all persons performing work or supplying materials prior to beginning such construction and Landlord may post on and about the Premises notices of non-responsibility pursuant to applicable Laws. All such work shall be performed in accordance with all Laws and in a good and workmanlike manner so as not to damage the Building (including the Premises, the Building’s Structure and the Building’s Systems) and shall use materials of a quality that is at least equal to the quality designated established by Landlord as the minimum standard on a uniform basis for the Building) sufficient to compensate Landlord for all overhead, general conditions, fees and in such manner as to cause a minimum of disruption to the other occupants of the Project costs and interference with other construction in progress and with the transaction of business in the Project and the related complex. Landlord may designate reasonable rules, regulations and procedures for the performance of all such work in the Building (including insurance requirements for contractors) and, to the extent reasonably necessary to avoid disruption to the occupants of the Building, shall have the right to designate the time when such work may be performed. All such work which may affect the Building’s Structure or the Building’s Systems must be approved by the Project’s engineer of record, at Tenant’s expense and, at expenses arising from Landlord’s election, must be performed by Landlord’s usual contractor for supervision of or involvement with such work. All work affecting the roof of the Building must be performed by Landlord’s roofing contractor and no such work will be permitted if it would void or reduce or otherwise adversely affect the warranty on the roof. Upon completion of any work described in this Section 8, except with respect to any Permitted Alterations or any repairs required to be made by Tenant under Section 8.2, Tenant shall furnish Landlord with accurate reproducible “as-built” CADD files of the improvements as constructed.
Appears in 1 contract
Samples: Office Lease (Quality Systems Inc)
Performance of Work. All work described in this Section 8 shall be performed only by Landlord or by contractors and subcontractors approved in writing by Landlord, which consent shall not be unreasonably withheld or delayed; provided, however, Landlord and only in accordance with plans and specifications approved by Landlord in writingmay require Tenant to use Landlord’s third-party contractor if such alteration, physical addition or improvement affects any systems, warranties or structural portions of the Premises or the Building so long as Landlord’s third-party contractor’s cost is not materially higher than the price of an arms-length contractor. If Landlord elects, in its sole discretion, to supervise any work described in this Section 8Landlord’s third-party contractor’s cost is materially higher, Tenant shall pay notify Landlord and the parties shall reasonably cooperate to agree on a solution to insure the warranties remain in effect. Notwithstanding anything contained herein to the contrary, Tenant shall not be obligated to obtain Landlord’s approval for any contractor performing improvements or alterations for which Tenant is not obligated to obtain Landlord’s consent, but must give Landlord a construction management fee equal to 5% (or its Complex representative/manager) prior notice of the cost performance of the improvements and alterations and Landlord must be named as an additional insured on such workcontractor’s insurance policy. Tenant The party engaging the contractors and subcontractors shall cause all the contractors and subcontractors to procure add Landlord and maintain insurance coverage naming Landlord, LandlordTenant as an additional insured on such contractor’s Mortgagee, Landlord’s property management company and Landlord’s asset management company as additional insureds against such risks, in such amounts, and with such companies as Landlord may reasonably require. Tenant shall provide Landlord with the identities, mailing addresses and telephone numbers of all persons performing work or supplying materials prior to beginning such construction and Landlord may post on and about the Premises notices of non-responsibility pursuant to applicable Lawsinsurance. All such work shall be performed in accordance with all Laws legal requirements and in a good and workmanlike manner so as not to damage the Building (including the Premises, the Building’s Structure and the Building’s Systems) and shall use materials of a quality that is at least equal to the quality designated by Landlord as the minimum standard for the Building, and in such manner as to cause a minimum of disruption to the other occupants of the Project and interference with other construction in progress and with the transaction of business in the Project and the related complex. Landlord may designate reasonable rules, regulations and procedures for the performance of all such work in the Building (including insurance requirements for contractors) and, to the extent reasonably necessary to avoid disruption to the occupants primary structure or structural qualities of the Building, shall have the right to designate the time when such work may be performedor plumbing, electrical lines, or other utility transmission facility. All such work which may affect the Building’s Structure HVAC, electrical system, or the Building’s Systems plumbing must be approved by the ProjectBuilding’s engineer of record, at Tenant’s expense and, at Landlord’s election, must be performed by Landlord’s usual contractor for such work. All work affecting the roof of the Building must be performed by Landlord’s roofing contractor and no such work will be permitted if it would void or reduce or otherwise adversely affect the warranty on the roof. Upon completion of any work described in this Section 8, except with respect to any Permitted Alterations or any repairs required to be made by Tenant under Section 8.2, Tenant shall furnish Landlord with accurate reproducible “as-built” CADD files of the improvements as constructed.
Appears in 1 contract
Performance of Work. All work described in this Section 8 shall be performed only by Landlord or by contractors and subcontractors approved in writing by Landlord and only in accordance with plans and specifications approved by Landlord in writing. If Landlord elects, in its sole discretion, to supervise any work described in this Section 8, Tenant shall pay to Landlord a construction management fee equal to 5% of the cost of such workLandlord. Tenant shall cause all contractors and subcontractors to procure and maintain insurance coverage naming Landlord, Landlord’s Mortgagee, Landlord’s property management company and Landlord’s asset management company as additional insureds against such risks, in such amounts, and with such companies as Landlord may reasonably require, but in no event less than: (i) Commercial General Liability insurance on an occurrence basis in amounts not less than $2,000,000 ($1,000,000 of which may be in excess umbrella coverage) naming Landlord, Landlord’s property management company and Invesco Advisers, Inc. (“Invesco”) as additional insureds; (ii) workers’ compensation insurance in amounts required by statute and if contractors or subcontractors have employees on the Premises the contractors or subcontractors must provide evidence of statutory coverage inclusive of Employers Liability in the amount of $1,000,000; and (iii) Business Automobile Liability insurance on an occurrence basis in amounts not less than $1,000,000 per accident. Tenant shall provide Landlord with insurance certificates for such contractors and subcontractors prior to commencement of any work. Tenant shall provide Landlord with the identities, mailing addresses and telephone numbers of all persons performing work or supplying materials prior to beginning such construction and Landlord may post on and about the Premises notices of non-responsibility pursuant to applicable Laws. All such work shall be performed in accordance with all Laws and in a good and workmanlike manner so as not to damage the Building (including the Premises, the Building’s Structure and the Building’s Systems) and shall use materials of a quality that is at least equal to the quality designated by Landlord as the minimum standard for the Building, and in such manner as to cause a minimum of disruption to the other occupants of the Project and interference with other construction in progress and with the transaction of business in the Project and the related complex. Landlord may designate reasonable rules, regulations and procedures for the performance of all such work in the Building (including insurance requirements for contractors) and, to the extent reasonably necessary to avoid disruption to the occupants of the Building, shall have the right to designate the time when such work may be performed). All such work which may affect the Building’s Structure or the Building’s Systems must be approved by the Project’s engineer of record, at Tenant’s expense andSystems, at Landlord’s election, must be performed by Landlord’s usual contractor for such workwork or a contractor approved by Landlord. All work affecting the roof of the Building must be performed by Landlord’s roofing contractor or a contractor approved by Landlord and no such work will be permitted if it would void or reduce or otherwise adversely affect the warranty on the roof. Upon completion of any work described in this Section 8Any and all improvements, except with respect to any Permitted Alterations alterations or any repairs required to be made additions performed by Tenant under Section 8.2will be performed in accordance with Landlord’s “Contractor Rules and Regulations” attached hereto as Exhibit D-1 and the Energy and Sustainability Construction Guidelines & Requirements attached hereto as Exhibit D-2, Tenant shall furnish Landlord with accurate reproducible “as-built” CADD files of the improvements as constructedand any commercially reasonable modifications thereto by Landlord, notwithstanding any more permissive local building codes or ordinances.
Appears in 1 contract
Performance of Work. All work described in this Section 8 shall be performed only by Landlord or by contractors and subcontractors approved in writing by Landlord and only in accordance with plans and specifications approved by Landlord in writing. If Landlord elects, in its sole discretion, to supervise any work described in this Section 8, Tenant shall pay reimburse Landlord for any actual sums paid by Landlord for third party examination of Tenant's plans for Alterations, plus a fee to Landlord a construction management fee Xxxxxxxx’s property manager paid as additional rent (a) in the amount equal to 5% one percent (1%) of the cost costs of such work. Alterations if Tenant manages the Alterations, or (b) in an amount equal to three percent (3%) of the costs of such work if Landlord, or any affiliate of Landlord, or Xxxxxxxx’s property manager manages the Alterations Tenant shall cause all contractors and subcontractors to procure and maintain insurance coverage naming Landlord, Landlord’s Mortgagee, LandlordXxxxxxxx’s property management company and Landlord’s asset management company as additional insureds against such risks, in such amounts, and with such companies as Landlord may reasonably require. Tenant shall provide Landlord with the identities, mailing addresses and telephone numbers of all persons performing work or supplying materials prior to beginning such construction and Landlord may post on and about the Premises notices of non-responsibility pursuant to applicable Laws. All such work shall be performed in accordance with all Laws and in a good and workmanlike manner so as not to damage the Building (including the Premises, the Building’s Structure and the Building’s Systems) and shall use materials of a quality that is at least equal to the quality designated by Landlord as the minimum standard for the Building, and in such manner as to cause a minimum of disruption to the other occupants of the Project and interference with other construction in progress and with the transaction of business in the Project and the related complexcomplex and only after Tenant: (i) has obtained all necessary permits from governmental authorities having jurisdiction and has furnished copies thereof to Landlord, (ii) has submitted to Landlord an architect's certificate that the work will conform to all applicable Laws, and (iii) has complied with all other requirements reasonably imposed by Landlord, including any requirements due to the underwriting guidelines of Landlord's insurance carriers. Xxxxxxxx's consent to any work hereunder and approval of any plans and specifications constitutes approval of no more than the concept of such work and not a representation or warranty with respect to the quality or functioning of such work, plans and specifications. Tenant is solely responsible for all of its work and for the proper integration thereof with the Building, the Building's Systems and existing conditions. Landlord shall have the right, but not the obligation, to supervise the making of any Alterations. Landlord may designate reasonable rules, regulations and procedures for the performance of all such work in the Building (including insurance requirements for contractors) and, to the extent reasonably necessary to avoid disruption to the occupants of the Building, shall have the right to designate the time when such work may be performed. All such work which may affect the Building’s Structure or the Building’s Systems must be approved by the Project’s engineer of recordLandlord in its sole and absolute discretion, at Tenant’s expense and, at Landlord’s election, must be performed by LandlordXxxxxxxx’s usual contractor for such work. All work affecting the roof of the Building must be performed by Landlord’s roofing contractor and no such work will be permitted if it would void or reduce or otherwise adversely affect the warranty on the roof. Upon completion of any work described in this Section 8, except with respect to any Permitted Alterations or any repairs required to be made by Tenant under Section 8.2, Tenant shall furnish Landlord with accurate reproducible “as-built” CADD files of the improvements as constructed.
Appears in 1 contract
Performance of Work. All work described in this Section 8 shall be performed only by Landlord Landlord’s usual contractor for such work at competitive rates or by contractors and subcontractors approved in writing by Landlord and only in accordance with plans and specifications approved by Landlord in writing. If Landlord electsLandlord, in its sole discretion, to supervise any work described in this Section 8, Tenant which approval shall pay to Landlord a construction management fee equal to 5% of the cost of such worknot be unreasonably withheld. Tenant shall cause all contractors and subcontractors to procure and maintain insurance coverage naming Landlord, Landlord’s Mortgagee, Landlord’s property management company and company, Landlord’s asset management company and such other persons or entities as Landlord may designate in writing to Tenant from time to time as additional insureds using ISO additional insured endorsement CG 20 11 (or a substitute satisfactory to Landlord providing equivalent coverage), and under the commercial umbrella, if any, against such risks, in such amounts, and with such companies as Landlord may reasonably require. Tenant shall provide Landlord with the identities, mailing addresses and telephone numbers of all persons performing work or supplying materials prior to beginning such construction construction, and Landlord may post on and about the Premises notices of non-responsibility pursuant to applicable Laws. All such work shall be performed in accordance with all Laws and in a good and workmanlike manner so as not to damage the Building (including the Premises, the Building’s Structure and the Building’s Systems) and shall use materials of a quality that is at least equal to the quality designated by Landlord as the minimum standard for the Building, and in such manner as to cause a minimum of disruption to the other occupants of the Project and interference with other construction in progress and with the transaction of business in the Project and the related complex. Landlord may designate reasonable rules, regulations and procedures for the performance of all such work in the Building (including insurance requirements for contractors) and, to the extent reasonably necessary to avoid disruption to the occupants of the Building, shall have the right to designate the time when such work may be performed). All such work which that may affect the Building’s Structure or the Building’s Systems must be approved by the ProjectBuilding’s engineer of record, at Tenant’s expense and, at Landlord’s election, must be performed by Landlord’s usual contractor for such workwork at competitive rates. All work affecting the roof of the Building must be performed by Landlord’s roofing contractor at competitive rates and no such work will be permitted if it would void or reduce or otherwise adversely affect the warranty on the roof. Upon completion of any work described in this Section 8, except with respect to any Permitted Alterations or any repairs required to be made by Tenant under Section 8.2, Tenant shall furnish Landlord with accurate reproducible “as-built” CADD files of the improvements as constructed.
Appears in 1 contract
Samples: Lease Agreement (Avalara Inc)
Performance of Work. All work described in this Section 8 shall be performed only by Landlord or by contractors and subcontractors approved in writing by Landlord and only in accordance with plans and specifications approved by Landlord in writing. If Landlord elects, in its sole discretion, to supervise any work described in this Section 8, Tenant shall pay to Landlord a construction management fee equal to 5% of the cost of such work. Tenant shall cause all contractors and subcontractors to procure and maintain insurance coverage naming Landlord, Landlord’s Mortgagee, Landlord’s property management company 's agents and Landlord’s asset management company their respective Affiliates as additional insureds against such risks, in such amounts, and with such companies as Landlord may reasonably require. Tenant shall provide Landlord with the identities, identities and mailing addresses and telephone numbers of all persons major trade contractors performing work or supplying materials prior to beginning such construction and Landlord may post on and about the Premises notices of non-responsibility pursuant to applicable Lawsconstruction. All such work shall be performed in accordance with all Laws and in a good and workmanlike manner so as not to damage the Building (including the Premises, the Building’s 's Structure and the Building’s 's Systems) and shall use materials of a quality that is at least equal to the quality designated by Landlord as the minimum standard for the Building, and in such manner as to cause a minimum of disruption to the other occupants of the Project and interference with other construction in progress and with the transaction of business in the Project and the related complex. Landlord may designate reasonable rules, regulations and procedures for the performance of all such work in the Building (including insurance requirements for contractors) and, to the extent reasonably necessary to avoid disruption to the occupants of the Building, shall have the right to designate the time when such work may be performed). All such work which may affect the Building’s 's Structure or the Building’s 's Systems must be approved by the Project’s Building's engineer of record, at Tenant’s 's expense and, at Landlord’s 's election, must be performed by Landlord’s 's usual contractor for such work. All work affecting requiring penetration of the roof of the Building must be performed by Landlord’s 's roofing contractor contractor, and no such work will be permitted if it would void or reduce or otherwise adversely affect the warranty on the roof.
(d) MECHANIC'S LIENS. Tenant shall not permit any mechanic's liens to be filed against the Premises or the Project for any work performed, materials furnished, or obligation incurred by or at the request of Tenant. Upon completion of any work described in this Section 8such work, except Tenant shall deliver to Landlord final lien waivers from all contractors, subcontractors and materialmen who performed such work. If such a lien is filed, then Tenant shall, within ten days after Landlord has delivered notice of the filing thereof to Tenant (or such earlier time period as may be necessary to prevent the forfeiture of the Premises, Project or any interest of Landlord therein or the imposition of a civil or criminal fine with respect thereto), either (1) pay the amount of the lien and cause the lien to be released of record, or (2) diligently contest such lien and deliver to Landlord a bond or other security reasonably satisfactory to Landlord. If Tenant fails to timely take either such action, then Landlord may pay the lien claim, and any amounts so paid, including expenses and interest, shall be paid by Tenant to Landlord within ten days after Landlord has invoiced Tenant therefor. All materialmen, contractors, artisans, mechanics, laborers and any other persons now or hereafter contracting with Tenant or any contractor or subcontractor of Tenant for the furnishing of any labor, services, materials, supplies or equipment with respect to any Permitted Alterations or any repairs required to be made by Tenant under Section 8.2, Tenant shall furnish Landlord with accurate reproducible “as-built” CADD files portion of the improvements as constructedPremises, at any time from the date hereof until the end of the Term, are hereby charged with notice that they look exclusively to Tenant to obtain payment for same. Nothing herein shall be deemed a consent by Landlord to any liens being placed upon the Premises, Project or Landlord's interest therein due to any work performed by or for Tenant.
Appears in 1 contract
Samples: Lease Agreement (Aviall Inc)
Performance of Work. All work described in this Section 8 Premises Alterations shall be performed only by Landlord or made at Tenant's sole expense and by contractors and subcontractors or mechanics approved in writing by Landlord, shall be made at the times and in the manner as Landlord may designate on one or more occasions, and only shall become the property of Landlord without any obligation that Landlord pay for them. Tenant shall not employ, or permit the employment of, any contractor or laborer, or permit any materials to be delivered to or used in accordance with plans and specifications approved by Landlord in writing. If Landlord electsthe Building, if, in its Landlord's sole discretionjudgment, to supervise that employment, delivery, or use shall interfere or cause any work described conflict or disharmony with other contractors or laborers engaged in this Section 8the construction, Tenant shall pay to Landlord a construction management fee equal to 5% maintenance, or operation of the cost Building by Landlord, Tenant, or others, or the use and enjoyment of such workthe Building by other tenants or occupants. In the event of this interference, conflict, or disharmony, on Landlord's request, Tenant shall cause all contractors and subcontractors or laborers causing the interference, conflict, or dishaimony to procure and maintain insurance coverage naming Landlord, Landlord’s Mortgagee, Landlord’s property management company and Landlord’s asset management company as additional insureds against such risks, in such amounts, and with such companies as Landlord may reasonably require. Tenant shall provide Landlord with leave the identities, mailing addresses and telephone numbers of all persons performing work or supplying materials prior to beginning such construction and Landlord may post on and about the Premises notices of non-responsibility pursuant to applicable LawsBuilding immediately. All such work with respect to any Premises Alterations shall be performed in accordance with all Laws and in a good and workmanlike manner so as not to damage the Building (including the Premises, the Building’s Structure and the Building’s Systems) and shall use materials be of a quality that is at least equal to or exceeding the quality designated by Landlord as the minimum standard then-existing construction standards for the Building, and the floors and ceilings must be finished in such a manner as customary for general office use and other uses common to cause a minimum first-class office buildings in the vicinity. No interior improvements installed in the Premises may be removed unless those improvements are promptly replaced with interior improvements of disruption the same or better quality. Premises Alterations shall be diligently prosecuted to completion to the other occupants of end that the Project Premises shall be at all times a complete unit except during the period necessarily required for Premises Alterations work. All Premises Alterations shall be made strictly pursuant to all laws, regulations, and interference with other construction in progress ordinances relating to Premises Alterations, including, but not limited to, Chapter 469. Tenant agrees to indemnify and with the transaction of business in the Project defend Landlord and the related complex. hold Landlord may designate reasonable rulesharmless against any loss, regulations and procedures for claim, liability, or damage resulting from Premises Alterations work or the performance of all such Premises Alterations work in the Building (including insurance requirements for by Tenant, its contractors) and, and subcontractors, and including, without limitation, any loss, claim, liability, damage, fine, or penalty resulting from or related to violation of Chapter 469), and Tenant shall, if requested by Landlord, furnish a bond or other security satisfactory to Landlord against any loss, claim, liability, or damage resulting from Premises Alterations work or the performance of Premises Alterations work. If Chapter 469 requires that plans and/or specifications be submitted to the extent reasonably necessary Texas Department of Licensing and Regulation or any other governing authority (collectively, "TDLR") for review and approval, then Tenant shall (i) submit the plans and/or specifications to avoid disruption TDLR and provide to Landlord proof of this submission before applications for any building permits are submitted or construction has commenced and (ii) promptly on completion of any Premises Alterations work, if any, request an inspection pursuant to Chapter 469 and provide Landlord with a certificate that the occupants Premises are in compliance with Chapter 469. Tenant's obligations under the preceding two sentences shall survive the expiration or earlier termination of the Building, shall have this Lease. Landlord reserves the right to designate require any contractor or mechanic working in the time when such work may be performed. All such work which may affect the Building’s Structure or the Building’s Systems must be approved by the Project’s engineer of recordPremises to provide lien waivers and liability insurance covering Premises Alterations and to require Tenant to secure, at Tenant’s expense and's sole cost and expense, at completion and lien indemnity bonds satisfactory to Landlord’s election, must and/or to require any other instruments that may be performed reasonably requested by Landlord’s usual contractor . Tenant shall give Landlord ten (10) days' written notice before the commencement of any Premises Alterations and shall allow Landlord to enter the Premises and post appropriate notices to avoid liability to contractors or material suppliers for such workpayment for any Premises Alterations. All work affecting Premises Alterations (including, without limitation, all improvements to the roof Premises made pursuant to Section 30 below) shall remain in and be surrendered with the Premises as a part of the Building must be performed by Landlord’s roofing contractor and no such work will be permitted if it would void Premises at the termination of this Lease, without disturbance, molestation, or reduce or otherwise adversely affect the warranty on the roof. Upon completion of any work described in this Section 8injury, except with respect that Landlord may require, upon any notice to Tenant at least sixty (60) days prior to the then Lease expiration, any Permitted Premises Alterations or any repairs required to be made removed on termination of this Lease. If Landlord requires this removal, then all expenses to restore the affected part of the Premises to normal building standards shall be borne by Tenant under Section 8.2Tenant, and Tenant shall furnish Landlord with accurate reproducible “as-built” CADD files of repair all damage caused by the improvements as constructedremoval, reasonable wear and tear excepted.
Appears in 1 contract
Performance of Work. All work described in this Section 8 shall be performed only by Landlord or by contractors and subcontractors approved in writing by Landlord and only in accordance with plans and specifications approved by Landlord in writing. If Landlord electsLandlord; provided, in its sole discretion, to supervise any all work described in this Section 88 for which Landlord's consent is not required may be performed by any contractor or subcontractor on Landlord's approved list without obtaining Landlord's prior written approval, Tenant which list shall pay to Landlord a construction management fee equal to 5% of the cost of such workbe provided upon Tenant's written request therefor. Tenant shall cause all contractors and subcontractors to procure and maintain insurance coverage naming Landlord, Landlord’s Mortgagee, Landlord’s property management company and Landlord’s asset management company Landlord as an additional insureds insured against such risks, in such amounts, and with such companies as Landlord may reasonably require. Tenant shall provide Landlord with the identities, mailing addresses and telephone numbers of all persons performing work or supplying materials prior to beginning such construction and Landlord may post on and about the Premises notices of non-responsibility pursuant to applicable Laws. All such work shall be performed in accordance with all Laws and in a good and workmanlike manner so as not to damage the Building (including the Premises, the Building’s 's Structure and the Building’s 's Systems) and shall use materials of a quality that is at least equal to the quality designated by Landlord as the minimum standard for the Building, and in such manner as to cause a minimum of disruption to the other occupants of the Project and interference with other construction in progress and with the transaction of business in the Project and the related complex. Landlord may designate reasonable rules, regulations and procedures for the performance of all such work in the Building (including insurance requirements for contractors) and, to the extent reasonably necessary to avoid disruption to the occupants of the Building, shall have the right to designate the time when such work may be performed). All such work which may affect the Building’s 's Structure or the Building’s 's Systems must be approved by the Project’s Building's engineer of record, at Tenant’s 's expense and, at Landlord’s 's election, must be performed by Landlord’s 's usual contractor for such work. All work affecting the roof of the Building must be performed by In consideration for Landlord’s roofing contractor 's expenses in reviewing such plans and no such work will be permitted if it would void or reduce or otherwise adversely affect the warranty on the roof. Upon completion of any work described in this Section 8, except with respect to any Permitted Alterations or any repairs required to be made by Tenant under Section 8.2specifications and providing construction supervision services, Tenant shall furnish reimburse Landlord with accurate reproducible “asfor Landlord's reasonable, out-built” CADD files of-pocket costs payable to third parties and reasonably incurred by Landlord in reviewing such plans and specifications and providing such construction supervision services, and pay to Landlord a construction supervision fee equal to $150 per hour of Landlord employee time devoted to reviewing such plans and specifications and providing such construction supervision services; provided, no reimbursement shall be made nor shall a construction supervision fee shall be charged for the first $20,000 of cosmetic work as described in Section 8.(a) or for the initial tenant improvements as constructeddescribed in Exhibit D attached hereto.
Appears in 1 contract
Samples: Lease Agreement (Daisytek International Corporation /De/)
Performance of Work. All work described in this Section 8 shall be performed only by Landlord or by contractors and subcontractors approved in writing by Landlord and only in accordance with plans and specifications approved by Landlord in writing. If Landlord elects, in its sole discretion, to supervise any work described in this Section 8, Tenant shall pay to Landlord a construction management fee equal to 5% of the cost of such workLandlord. Tenant shall cause all contractors and subcontractors to procure and maintain insurance coverage naming Landlord, Landlord’s Mortgagee, Landlord’s property management company company, if any, and Landlord’s asset management company mortgagee, if required by such mortgagee, as additional insureds against such risks, in such amounts, and with such companies as Landlord may reasonably require. Tenant shall provide Landlord with the identities, mailing addresses and telephone numbers of all persons performing work or supplying materials prior to beginning such construction and Landlord may post on and about the Premises notices of non-responsibility pursuant to applicable Laws. All such construction work done by Tenant within the Premises shall be performed in accordance with all Laws and in a good and workmanlike manner so as not to damage the Building (including the Premises, the Building’s Structure and the Building’s Systems) and shall use with new materials of first-class quality, lien-free and in compliance with all Laws. Landlord’s consent to or approval of any alterations, additions or improvements shall not constitute a quality representation or warranty by Landlord, nor Landlord’s acceptance, that is at least equal to the quality designated by Landlord as the minimum standard for the Buildingsame comply with sound architectural and/or engineering practices or with all applicable Laws, and in such manner as to cause a minimum of disruption to the other occupants of the Project and interference with other construction in progress and with the transaction of business in the Project and the related complex. Landlord may designate reasonable rules, regulations and procedures Tenant shall be solely responsible for the performance of ensuring all such work in the Building (including insurance requirements for contractors) and, to the extent reasonably necessary to avoid disruption to the occupants of the Building, shall have the right to designate the time when such work may be performedcompliance. All such work which may affect the Building’s Structure or the Building’s Systems must be approved by the Project’s engineer of record, at Tenant’s expense andSystems, at Landlord’s election, must be performed by Landlord’s usual contractor for such workwork or a contractor approved by Landlord. All work affecting the roof of the Building must be performed by Landlord’s roofing contractor or a contractor approved by Landlord and no such work will be permitted if it would void or reduce or otherwise adversely affect the any warranty on the roof. Upon completion Tenant agrees to indemnify, defend and hold Landlord harmless against any loss, liability or damage resulting from such work, and Tenant shall, if requested by Landlord, furnish a bond or other security satisfactory to Landlord against any such loss, liability or damage. The foregoing indemnity shall survive the expiration or earlier termination of any work described in this Section 8, except with respect to any Permitted Alterations or any repairs required to be made by Tenant under Section 8.2, Tenant shall furnish Landlord with accurate reproducible “as-built” CADD files of the improvements as constructedLease.
Appears in 1 contract
Samples: Industrial Lease (Middleton Doll Co)
Performance of Work. All work described in this Section 8 shall be performed only by Landlord or by reputable and qualified contractors and subcontractors approved in writing by Landlord and only in accordance with plans and specifications approved by Landlord in writing, to the extent such approval is required herein. If Tenant requests that Landlord elects, in its sole discretion, to supervise any work described in this Section 88 (not including day-to-day oversight of Tenant’s third party property manager), Tenant shall pay to Landlord a construction management fee equal to the construction management fee charged by Landlord’s third party management company to perform such work provided same is consistent with prevailing market rates without an additional administrative fee (not to exceed 5% of the cost of such work). If Tenant has not requested that Landlord supervise any work described in this Section 8, but such work affects the Building’s Systems or Building’s Structure (other than to a de minimis extent as determined by Landlord) thus requiring Landlord’s participation, Tenant shall pay to Landlord a construction management fee equal to the construction management fee charged by Landlord’s third party management company to perform such work provided same is consistent with prevailing market rates without an additional administrative fee (not to exceed 5% of the cost of such work) affecting the Building’s Systems or Building’s Structure. Tenant shall cause all contractors and subcontractors to procure and maintain insurance coverage naming Landlord, Landlord’s Mortgagee, Landlord’s property management company and Landlord’s asset management company as additional insureds against such risks, in such amounts, amounts as is commercially reasonable and with such reputable companies as Landlord may reasonably requirewith an A.M. Best rating of A-:VII or better. Tenant shall provide Landlord with the identities, mailing addresses and telephone numbers of all persons performing work or supplying materials prior to beginning such construction and Landlord may post on and about the Premises notices of non-responsibility pursuant to applicable Laws. All such work shall be performed in accordance with all Laws and in a good and workmanlike manner so as not to damage the Building (including the Premises, the Building’s Structure and the Building’s Systems) and shall use materials of a quality that is at least equal to the quality designated by Landlord as that is consistent with the minimum standard for the BuildingBuilding as of the Commencement Date, and in such manner as to cause a minimum of disruption to the other occupants of the Project and interference with other construction in progress and with the transaction of business in the Project and the related complex. Landlord may designate reasonable written rules, regulations and procedures for the performance of all such work in the Building (including insurance requirements for contractors) and, to the extent reasonably necessary to avoid disruption to the occupants of the Building, and shall have the right to designate the time reasonable times when such work may be performed. All such work which may affect the Building’s Structure or the Building’s Systems (other than to a de minimis extent as determined by Landlord) must be approved by the Project’s engineer of record, at Tenant’s expense and, at Landlord’s election, must be performed by Landlord’s usual contractor for such work, which contractor shall be independent, qualified, and reputable, and their rates, fees etc. are consistent with market rates for the subject works without an additional administrative fee. All work affecting the roof of the Building must be performed by Landlord’s roofing contractor (whose rates and fees shall be consistent with market rates for the subject works without an additional administrative fee) and no such work will be permitted if it would void or reduce or otherwise adversely affect the warranty on the roof. Upon completion of any work described in this Section 8, except with respect to any Permitted Alterations or any repairs required to be made by Tenant under Section 8.2, Tenant shall furnish Landlord with accurate reproducible “as-built” CADD files of the improvements as constructed.
Appears in 1 contract
Samples: Lease Agreement (Ciena Corp)
Performance of Work. All work described in this Section 8 shall be performed only by Landlord or by contractors and subcontractors reasonably approved in writing by Landlord and and, except for Minor Alterations, only in accordance with plans and specifications reasonably approved by Landlord in writing. If Landlord elects, in its sole discretion, to supervise any work described in this Section 88 which requires Landlord’s approval, Tenant shall pay to Landlord a construction management fee equal to 5% of the cost of such work. Tenant shall cause all contractors and subcontractors to procure and maintain insurance coverage naming Landlord, Landlord’s Mortgagee, Landlord’s property management company and Landlord’s asset management company as additional insureds against such risks, in such amounts, and with such companies as Landlord may reasonably require. Tenant shall provide Landlord with the identities, mailing addresses and telephone numbers of all persons performing work or supplying materials prior to beginning such construction and Landlord may post on and about the Premises notices of non-responsibility pursuant to applicable Laws. All such work shall be performed in accordance with all Laws and in a good and workmanlike manner so as not to damage the Building (including the Premises, the Building’s Structure and the Building’s Systems) and shall use materials of a quality that is at least equal to the quality designated by Landlord as the minimum standard for the Building, and in such manner as to cause a minimum of disruption to the other occupants of the Project and interference with other construction in progress and with the transaction of business in the Project and the related complexComplex. Landlord may designate reasonable rules, regulations and procedures for the performance of all such work in the Building (including insurance requirements for contractors) and, to the extent reasonably necessary to avoid disruption to the occupants of the Building, shall have the right to designate the time when such work may be performed. All such work which may affect the Building’s Structure or the Building’s Systems must be approved by the Project’s DMWEST #36871000 v9 0 XXXXX XXXX engineer of record, at Tenant’s expense and, at Landlord’s election, must be performed by Landlord’s usual contractor for such work. All work affecting the roof of the Building must be performed by Landlord’s roofing contractor and no such work will be permitted if it would void or reduce or otherwise adversely affect the warranty on the roof. Upon completion of any work described in this Section 8, except with respect to any Permitted Alterations or any repairs required to be made by Tenant under Section 8.2, Tenant shall furnish Landlord with accurate reproducible “as-built” CADD files of the improvements as constructed.
Appears in 1 contract
Performance of Work. All work described in this Section 8 shall be performed only by Landlord or by contractors and subcontractors approved in writing by Landlord and only in accordance with plans and specifications approved by Landlord in writing. If Landlord electsLandlord, in its sole discretion, such approval not to supervise any work described in this Section 8, Tenant shall pay to Landlord a construction management fee equal to 5% of the cost of such workbe unreasonably withheld. Tenant shall cause all contractors and subcontractors to procure and maintain insurance coverage naming Landlord, Landlord’s Mortgagee, Landlord’s property management company and Landlord’s asset management company as additional insureds against such risks, in such amounts, and with such companies as Landlord may reasonably require, but in no event less than: (i) Commercial General Liability insurance on an occurrence basis in amounts not less than $2,000,000 ($1,000,000 of which may be in excess umbrella coverage) naming Landlord, the Property Manager and Invesco Advisers, Inc. (“Invesco”) as additional insureds; (ii) workers’ compensation insurance in amounts required by statute; and (iii) Business Automobile Liability insurance on an occurrence basis in amounts not less than $1,000,000. Tenant shall provide Landlord with insurance certificates for such contractors and subcontractors prior to commencement of any work. Tenant shall provide Landlord with the identities, mailing addresses and telephone numbers of all persons performing work or supplying materials prior to beginning such construction and Landlord may post on and about the Premises notices of non-responsibility pursuant to applicable Laws. All such work shall be performed in accordance with all Laws and in a good and workmanlike manner so as not to damage the Building (including the Premises, the Building’s Structure and the Building’s Systems) and shall use materials of a quality that is at least equal to the quality designated by Landlord as the minimum standard for the Building, and in such manner as to cause a minimum of disruption to the other occupants of the Project and interference with other construction in progress and with the transaction of business in the Project and the related complex. Landlord may designate reasonable rules, regulations and procedures for the performance of all such work in the Building (including insurance requirements for contractors) and, to the extent reasonably necessary to avoid disruption to the occupants of the Building, shall have the right to designate the time when such work may be performed). All such work which may affect the Building’s Structure or the Building’s Systems must be approved by the Project’s engineer of record, at Tenant’s expense andSystems, at Landlord’s election, must be performed by Landlord’s usual contractor for such workwork or a contractor approved by Landlord. All work affecting the roof of the Building must be performed by Landlord’s roofing contractor or a contractor approved by Landlord and no such work will be permitted if it would void or reduce or otherwise adversely affect the warranty on the roof. Upon completion of any work described in this Section 8, except with respect to any Permitted Alterations or any repairs required to be made by Tenant under Section 8.2, Tenant shall furnish Landlord with accurate reproducible “as-built” CADD files of the improvements as constructed.
Appears in 1 contract
Performance of Work. All work described in this Section 8 shall be performed only by Landlord or by contractors and subcontractors approved in writing by Landlord and only in accordance with plans and specifications approved by Landlord in writing. If Landlord electsLandlord, in its sole discretionwhich approval shall not be unreasonably withheld, to supervise any work described in this Section 8, Tenant shall pay to Landlord a construction management fee equal to 5% of the cost of such workconditioned or delayed. Tenant shall cause all contractors and subcontractors to procure and maintain insurance coverage naming Landlord, Landlord’s Mortgagee, Landlord and Landlord’s property management company and Landlord’s asset management company as additional insureds against such risks, in such amounts, on such forms, and with such companies as Landlord may reasonably requirerequire as set forth on Exhibit I attached hereto. Tenant shall provide Landlord with the identities, mailing addresses and telephone numbers of all persons contractors and subcontractors performing work or supplying materials prior to beginning such construction and Landlord may post on and about the Premises notices of non-responsibility pursuant to applicable Laws. All such work shall be performed in accordance with all Laws and in a good and workmanlike manner so as not to damage the Building (including the Premises, the Building’s Structure and the Building’s Systems) and shall use materials of a quality that is at least equal to the quality designated by Landlord as the minimum standard for the Building, and in such manner as to cause a minimum of disruption to the other occupants of the Project and interference with other construction in progress and with the transaction of business in the Project and the related complex. Landlord may designate reasonable rules, regulations and procedures for the performance of all such work in the Building (including insurance requirements for contractors) and, to the extent reasonably necessary to avoid disruption to the occupants of the Building, shall have the right to designate the time when such work may be performed). All such work which may affect the Building’s Structure or the Building’s Systems must be approved by the Project’s engineer of record, at Tenant’s expense andSystems, at Landlord’s election, must be performed by Landlord’s usual contractor for such workwork or a contractor approved by Landlord, which approval shall not be unreasonably withheld, conditioned or delayed. All work affecting the roof of the Building must be performed by Landlord’s roofing contractor or a contractor approved by Landlord, which approval shall not be unreasonably withheld, conditioned or delayed, and no such work will be permitted if it would void or reduce or otherwise adversely affect the warranty on the roof. Upon completion of any All work described in this Section 8, except with respect to any Permitted Alterations or any repairs required to be made by Tenant under Section 8.2shall conform, Tenant shall furnish at a minimum, to the Building Standards attached hereto as Exhibit K, as the same may be modified by Landlord with accurate reproducible “as-built” CADD files of the improvements as constructedfrom time to time.
Appears in 1 contract
Performance of Work. All work described in this Section Article 8 shall be performed only by Landlord or by contractors and subcontractors approved in writing by Landlord, such approval not to be unreasonably withheld, conditioned or delayed. In the event that Tenant sends notice of a request for approval of a contractor and/or subcontractor to Landlord, Landlord and only in accordance with plans and specifications approved by Landlord in writingshall respond to Tenant within thirty (30) days following receipt of Tenant’s request. If Landlord elects, in its sole discretion, to supervise any work described in this Section 8, Tenant shall pay to Landlord a construction management fee equal to 5% The parties agree that Landlord’s approval of the cost general contractor to perform the Alterations shall not be considered to be unreasonably withheld if any such general contractor (i) does not have trade references reasonably acceptable to Landlord, (ii) does not maintain insurance as required pursuant to the terms of such workthis Lease, (iii) does not have the ability to be bonded for the work in an amount of no less than $2,000,000.00, or (iv) is not licensed as a contractor in the state/municipality in which the Premises is located. Tenant shall cause all contractors and subcontractors acknowledges the foregoing is not intended to procure and maintain insurance coverage naming Landlord, Landlord’s Mortgagee, Landlord’s property management company and Landlord’s asset management company as additional insureds against such risks, in such amounts, and with such companies as be an exclusive list of the reasons why Landlord may reasonably requirewithhold its consent to a general contractor. Tenant shall provide Landlord with the identities, mailing addresses and telephone numbers of all persons performing work or supplying materials prior to beginning such construction and Landlord may post on and about the Premises notices of non-responsibility pursuant to applicable Laws. All such construction work done by Tenant within the Premises shall be performed in accordance with all Laws and in a good and workmanlike manner so as not to damage the Building (including the Premises, the Building’s Structure and the Building’s Systems) and shall use with materials of a quality that is at least equal to consistent with the quality designated and age of materials used in similar tenant improvement project in buildings owned by Landlord as Similar Owners, lien-free and in compliance with all Laws. Landlord’s consent to or approval of any alterations, additions or improvements shall not constitute a representation or warranty by Landlord, nor Landlord’s acceptance, that the minimum standard for the Buildingsame comply with sound architectural and/or engineering practices or with all applicable Laws, and in such manner as to cause a minimum of disruption to the other occupants of the Project and interference with other construction in progress and with the transaction of business in the Project and the related complex. Landlord may designate reasonable rules, regulations and procedures Tenant shall be solely responsible for the performance of ensuring all such work in the Building (including insurance requirements for contractors) and, to the extent reasonably necessary to avoid disruption to the occupants of the Building, shall have the right to designate the time when such work may be performed. All such work which may affect the Building’s Structure or the Building’s Systems must be approved by the Project’s engineer of record, at Tenant’s expense and, at Landlord’s election, must be performed by Landlord’s usual contractor for such workcompliance. All work affecting the roof of the Building must be performed by Landlord’s roofing contractor or a contractor approved by Landlord (such approval not to be unreasonably withheld, conditioned or delayed) and no such work will be permitted if it would void or reduce or otherwise adversely affect the any warranty on the roof. Upon completion Tenant agrees to indemnify, defend and hold Landlord harmless against any loss, liability or damage resulting from such work. The foregoing indemnity shall survive the expiration or earlier termination of any work described in this Section 8, except with respect to any Permitted Alterations or any repairs required to be made by Tenant under Section 8.2, Tenant shall furnish Landlord with accurate reproducible “as-built” CADD files of the improvements as constructedLease.
Appears in 1 contract
Performance of Work. All work described in this Section 8 shall be performed only by Landlord or by contractors and subcontractors approved in writing by Landlord and only in accordance with plans and specifications approved by Landlord in writingwriting (and except as otherwise provided herein, Landlord shall use its reasonable discretion in determining whether to grant such approvals). If Landlord elects, in its sole discretion, to supervise any work described in this Section 8, Tenant shall pay to Landlord a construction management fee equal to 53.5% of the cost of such work. Tenant shall cause all contractors and subcontractors to procure and maintain insurance coverage naming Landlord, Landlord’s Mortgagee, Landlord’s property management company and Landlord’s asset management company the Landlord Insured Parties (as defined below) as additional insureds against such risks, in such amounts, and with such companies as Landlord may reasonably require. Tenant shall provide Landlord with the identities, mailing addresses and telephone numbers of all persons performing work or supplying materials prior to beginning such construction and Landlord may post on and about the Premises notices of non-responsibility pursuant to applicable Laws. All such work shall be performed in accordance with all Laws and in a good and workmanlike manner so as not to damage the Building (including the Premises, the Building’s Structure and the Building’s Systems) and shall use materials of a quality that is at least equal to the quality designated by Landlord as the minimum standard for the Building, and in such manner as to cause a minimum of disruption to the other occupants of the Project and interference with other construction in progress and with the transaction of business in the Project and the related complexProject. Landlord may designate reasonable rules, regulations and procedures for the performance of all such work in the Building (including insurance requirements for contractors) and, to the extent reasonably necessary to avoid disruption to the occupants of the Building, shall have the right to designate the time when such work may be performed. All such work which may affect the Building’s Structure or the Building’s Systems must be approved by the Project’s engineer of record, at Tenant’s expense and, at Landlord’s election, must be performed by Landlord’s usual contractor for such work. All work affecting the roof of the Building must be performed by Landlord’s roofing contractor and no such work will be permitted if it would void or reduce or otherwise adversely affect the warranty on the roof. Upon completion of any work described in this Section 8, except with respect to any Permitted Alterations or any repairs required to be made by Tenant under Section 8.2, Tenant shall furnish Landlord with accurate reproducible “as-built” CADD files of the improvements as constructed.
Appears in 1 contract
Samples: Lease Agreement (RetailMeNot, Inc.)
Performance of Work. All work described in this Section 8 shall be performed only by Landlord or by contractors and subcontractors approved in writing by Landlord and only in accordance with plans and specifications approved by Landlord in writing. If Landlord elects, in its sole discretion, to supervise any work described in this Section 8, Tenant shall pay to Landlord a construction management fee equal to 5% of the cost of such work. Tenant shall cause all contractors and subcontractors to procure and maintain insurance coverage naming Landlord, Landlord’s Mortgagee, Landlord’s property management company and Landlord’s asset management company as additional insureds against such risks, in such amounts, and with such companies as Landlord may reasonably require. Tenant shall provide Landlord with the identities, mailing addresses and telephone numbers of all persons performing work or supplying materials prior to beginning such construction and Landlord may post on and about the Premises notices of non-responsibility pursuant to applicable Laws. All such work shall be performed in accordance with all Laws and in a good and workmanlike manner so as not to damage the Building (including the Premises, the Building’s Structure and the Building’s Systems) and shall use materials of a quality that is at least equal to the quality designated by Landlord as the minimum standard for the Building, and in such manner as to cause a minimum of disruption to the other occupants of the Project and interference with other construction in progress and with the transaction of business in the Project and the any related complex. Landlord may designate reasonable rules, regulations and procedures for the performance of all such work in the Building (including insurance requirements for contractors) and, to the extent reasonably necessary to avoid disruption to the occupants of the Building, shall have the right to designate the time when such work may be performed. All such work which may affect the Building’s Structure or the Building’s Systems must be approved by the Project’s engineer of record, at TenantXxxxxx’s expense and, at Landlord’s election, must be performed by LandlordXxxxxxxx’s usual contractor for such work. All work affecting the roof of the Building must be performed by Landlord’s roofing contractor and no such work will be permitted if it would void or reduce or otherwise adversely affect the warranty on the roof. Upon completion of any work described in this Section 8, except with respect to any Permitted Alterations or any repairs required to be made by Tenant under Section 8.2, Tenant shall furnish Landlord with accurate reproducible “as-built” CADD files of the improvements as constructed.. 8 7272 Old Town
Appears in 1 contract
Performance of Work. All work described in this Section 8 (a) Tenant shall be performed only by Landlord or by contractors and subcontractors approved in writing by Landlord and only in accordance with plans and specifications approved by Landlord in writing. If Landlord elects, in its sole discretion, permitted to supervise any work described in this Section 8, perform Tenant shall pay to Landlord a construction management fee equal to 5% of the cost of such work. Tenant shall cause all contractors and subcontractors to procure and maintain insurance coverage naming Landlord, Landlord’s Mortgagee, Landlord’s property management company and Landlord’s asset management company as additional insureds against such risks, in such amounts, and with such companies as Landlord may reasonably require. Tenant shall provide Landlord with the identities, mailing addresses and telephone numbers of all persons performing work or supplying materials Installations prior to beginning such construction and Landlord may post on and about the Premises notices of non-responsibility pursuant to applicable LawsAnticipated Delivery Date. All such work Tenant Installations shall be performed in accordance with all Laws and accomplished in a good and workmanlike manner so as not to damage the Building (including the Premises, the Building’s Structure and the Building’s Systems) and shall use materials of a quality that is at least equal to the quality designated by Landlord as the minimum standard for Premises or the Building, and in such a manner so as not to cause a minimum of disruption to the disturb Landlord or any other tenants or occupants of the Project and interference with other construction Building in progress and with the transaction of business in the Project and the related complex. Landlord may designate reasonable rules, regulations and procedures for the performance of all any work or the conduct of their usual business activities.
(b) Tenant's request to perform any Tenant Installations prior to the Anticipated Delivery Date shall be accompanied by the names of Tenant's contractors and subcontractors who will perform such work in the Building (including insurance requirements for contractors) andPremises, to the extent reasonably necessary to avoid disruption to the occupants of the Building, shall have the right to designate the time when such work may be performed. All such work which may affect the Building’s Structure or the Building’s Systems must be approved by the Project’s engineer of record, at Tenant’s expense and, at Landlord’s election, must be performed by Landlord’s usual contractor for such work. All work affecting the roof of the Building must be performed by Landlord’s roofing contractor and no such work will be permitted if it would void or reduce or otherwise adversely affect the warranty on the roof. Upon completion of any work described in this Section 8, except with respect to any Permitted Alterations or any repairs required to be made by Tenant under Section 8.2, thereafter Tenant shall furnish Landlord with accurate reproducible “as-built” CADD files such other information as Landlord may reasonably require. All such contractors and subcontractors shall not cause any disruption to the performance of other work then being performed in the Building. All such Tenant Installations shall be scheduled and performed so as not to conflict, interfere with or delay any work undertaken by Landlord in the Building, including but not limited to the performance of the improvements as constructedTenant Improvement Work, and shall be scheduled at a time when, in Landlord's reasonable judgment, same may be accomplished at the appropriate stage of the Tenant Improvement Work. In the event that Tenant or Tenant's Parties do not work in harmony with, or interfere with, or cause any work stoppage or jurisdictional labor dispute with labor employed by Landlord or any other tenants of the Building or the Park, Landlord shall have the right, upon written demand, to require Tenant to immediately remove or cause the removal of Tenant or Tenant's Parties from the Premises.
(c) Subject to subsection (b) above, Landlord shall provide Tenant and/or its telecommunications companies and alternative access vendor service companies, with the right of access to, from and within the Building (including a pathway to the Premises) for the installation and operation of Tenant's telecommunications systems, including, without limitation, voice, video, data and any other telecommunications services provided over wire, fiber optic, microwave, wireless, and any other transmission systems, for part or all of Tenant's telecommunications to, from and within the Building and Premises, subject to a reasonable access agreement between Landlord and any such providers.
Appears in 1 contract
Performance of Work. All work which requires Xxxxxxxx's consent as described in this Section 8 shall be performed only by Landlord or by contractors and subcontractors approved in writing by Landlord and only in accordance with plans and specifications approved by Landlord in writingLandlord's reasonable discretion. If Landlord electsfails to notify Tenant of its approval or disapproval of a contractor or subcontractor within five (5) business days of written request therefor, in its sole discretion, Landlord shall be deemed to supervise any work described in this Section 8, Tenant shall pay to Landlord a construction management fee equal to 5% of the cost of have approved such workcontractor or subcontractor. Tenant shall cause all contractors and subcontractors to procure and maintain insurance coverage naming Landlord, Landlord’s Mortgagee, Landlord’s property management company and Landlord’s asset 's property management company as additional insureds against such risks, in such amounts, and with such companies as Landlord may reasonably require. Tenant shall provide Landlord with the identities, mailing addresses and telephone numbers of all persons performing work or supplying materials prior to beginning such construction and Landlord may post on and about the Premises notices of non-responsibility pursuant to applicable Laws. All such work shall be performed in accordance with all Laws and in a good and workmanlike manner so as not to damage the Building (including the Premises, the Building’s 's Structure and the Building’s 's Systems) and shall use materials of a quality that is at least equal to the quality designated by Landlord as the minimum standard for the Building, and in such manner as to cause a minimum of disruption to the other occupants of the Project and interference with other construction in progress and with the transaction of business in the Project and the related complex. Landlord may designate reasonable rules, regulations and procedures for the performance of all such work in the Building (including insurance requirements for contractors) and, to the extent reasonably necessary to avoid disruption to the occupants of the Building, shall have the right to designate the time when such work may be performed). All such work which may adversely affect the Building’s 's Structure or the Building’s Systems must be approved by the Project’s Building's engineer of record, . at Tenant’s 's expense and, . at Landlord’s 's election, must be performed by Landlord’s Xxxxxxxx's usual contractor for such work. All work affecting the roof of the Building must be performed by Landlord’s roofing contractor 's rooting contractor, and no such work will be permitted if it would void or reduce or otherwise adversely affect the warranty on the roof. Upon completion of any work described in this Section 8, except with respect to any Permitted Alterations or any repairs required to be made by Tenant under Section 8.2, Tenant shall furnish Landlord with accurate reproducible “as-built” CADD files of the improvements as constructed.
Appears in 1 contract
Performance of Work. All work described in this Section 8 shall be performed only by Landlord or by contractors and subcontractors approved in writing by Landlord and only in accordance with plans and specifications approved by Landlord in writing. If Landlord elects, in its sole discretion, to supervise any work described in this Section 8, Tenant shall pay to Landlord a construction management fee equal to 5% of the cost of such workLandlord. Tenant shall cause all contractors and subcontractors to procure and maintain insurance coverage naming Landlord, Landlord’s Mortgagee, Landlord and Landlord’s property management company and Landlord’s asset management company as additional insureds against such risks, in such amounts, and with such companies as Landlord may reasonably require. Upon request by Xxxxxxxx, Tenant shall provide Landlord with the identities, mailing addresses and telephone numbers of all persons performing work or supplying materials prior to beginning such construction (and if requested by Landlord, references for the company or person performing such work or supplying such materials), and Landlord may post on and about the Premises notices of non-responsibility pursuant to applicable Laws. All such work shall be performed in accordance with all Laws and in a good and workmanlike manner so as not to damage the Building (including the Premises, the Building’s Structure and the Building’s Systems) and shall use materials of a quality that is at least equal ). Any inspections required to the quality designated by Landlord as the minimum standard for the Building, and in such manner as be performed to cause a minimum of disruption to the other occupants of the Project and interference with other construction in progress and determine compliance with the transaction of business Disabilities Act (as hereinafter defined) in the Project and the related complex. Landlord may designate reasonable rules, regulations and procedures for the performance of all connection with such work in the Building (including insurance requirements for contractors) and, to the extent reasonably necessary to avoid disruption to the occupants of the Building, shall have the right to designate the time when such work may must be performedperformed by Landlord’s accessibility consultant. All such work which may affect the Building’s Structure or the Building’s Systems must be approved by the ProjectBuilding’s engineer of record, at TenantXxxxxx’s expense and, at Landlord’s election, must be performed by LandlordXxxxxxxx’s usual contractor for such work. All work affecting the roof of the Building must be performed by Landlord’s roofing contractor and no such work will be permitted if it would void or reduce or otherwise adversely affect the warranty on the roof. Upon completion of any work described in this Section 8, except with respect to any Permitted Alterations or any repairs required to be made All cabling installed within the Premises by Tenant under Section 8.2, Tenant shall furnish be in conformance with the standards set for the Building by Landlord with accurate reproducible “as-built” CADD files at the time of the improvements as constructedsuch installation.
Appears in 1 contract
Performance of Work. All work described in this Section 8 shall be performed only by Landlord or by contractors and subcontractors approved in writing by Landlord and only in accordance with plans and specifications approved by Landlord in writing. If Landlord elects, in its sole discretion, to supervise any work described in this Section 8, Tenant shall pay to Landlord a construction management fee equal to 5% of the cost of such workLandlord. Tenant shall cause require that all contractors and subcontractors to procure and maintain insurance coverage naming Landlord, Landlord’s Mortgagee, Landlord’s property management company Landlord and Landlord’s asset 's property management company as additional insureds against such risks, in such amounts, commercially reasonable amounts that are comparable to those required by owners of Comparable Buildings and with companies complying with Section 11(a) of this Lease. For purposes of the foregoing and any other provision requiring the naming of parties as additional insureds, Landlord shall provide Tenant with the identities and mailing addresses of each such companies as Landlord may reasonably requireprospective party. Tenant shall provide Landlord with the identities, mailing addresses and telephone numbers of all persons or companies performing work or supplying materials prior to beginning such construction (and if requested by Landlord, references for the company or person performing such work or supplying such materials), and Landlord may post on and about the Premises notices of non-responsibility pursuant to applicable Laws. All such work shall be performed in accordance with all Laws and in a good and workmanlike manner so as not to damage the Building (including the Premises, the Building’s 's Structure and the Building’s 's Systems) and shall use materials of a quality that is at least equal ). Any inspections required to the quality designated by Landlord as the minimum standard for the Building, and in such manner as be performed to cause a minimum of disruption to the other occupants of the Project and interference with other construction in progress and determine compliance with the transaction of business Disabilities Acts (as hereinafter defined) in the Project and the related complex. Landlord may designate reasonable rules, regulations and procedures for the performance of all connection with such work in the Building (including insurance requirements for contractors) and, to the extent reasonably necessary to avoid disruption to the occupants of the Building, shall have the right to designate the time when such work may be performed. All such work which may affect the Building’s Structure or the Building’s Systems must be approved by the Project’s engineer of record, at Tenant’s expense and, at Landlord’s election, must be performed by Landlord’s usual contractor for such work's accessibility consultant. All work affecting the roof of the Building must be performed by Landlord’s 's roofing contractor at a commercially reasonable cost and no such work will be permitted if it would void or reduce or otherwise adversely affect the warranty on the roof. Upon completion of any work described in this Section 8, except with respect to any Permitted Alterations or any repairs required to be made All cabling installed within the Premises by Tenant under Section 8.2shall be in conformance with the standards set for the Building by Landlord at the time of such installation, Tenant which standards shall furnish Landlord with accurate reproducible “as-built” CADD files of the improvements as constructednot be materially more burdensome than Comparable Buildings.
Appears in 1 contract
Samples: Lease Agreement (Blucora, Inc.)
Performance of Work. All work described in this Section 8 shall be performed only by Landlord or by reputable and qualified contractors and subcontractors approved in writing by Landlord and only in accordance with plans and specifications approved by Landlord in writing, to the extent such approval is required herein. If Tenant requests that Landlord elects, in its sole discretion, to supervise any work described in this Section 88 (not including day-to-day oversight of Tenant’s third party property manager), Tenant shall pay to Landlord a construction management fee equal to the construction management fee charged by Landlord’s third party management company to perform such work provided same is consistent with prevailing market rates without an additional administrative fee (not to exceed 5% of the cost of such work). If Tenant has not requested that Landlord supervise any work described in this Section 8, but such work affects the Building’s Systems or Building’s Structure (other than to a de minimis extent as determined by Landlord) thus requiring Landlord’s participation, Tenant shall pay to Landlord a construction management fee equal to the construction management fee charged by Landlord’s third party management company to perform such work provided same is consistent with prevailing market rates without an additional administrative fee (not to exceed 5% of the cost of such work) affecting the Building’s Systems or Building’s Structure. Tenant shall cause all contractors and subcontractors to procure and maintain insurance coverage naming Landlord, Landlord’s Mortgagee, Landlord’s property management company and Landlord’s asset management company as additional insureds against such risks, in such amounts, amounts as is commercially reasonable and with such reputable companies as Landlord may reasonably requirewith an A.M. Best rating of A-:VII or better. Tenant shall provide Landlord with the identities, mailing addresses and telephone numbers of all persons performing work or supplying materials prior to beginning such construction and Landlord may post on and about the Premises notices of non-responsibility pursuant to applicable Laws. All such work shall be performed in accordance with all Laws and in a good and workmanlike manner so as not to damage either of the Building Buildings (including the Premises, the Building’s Structure and the Building’s Systems) and shall use materials of a quality that is at least equal to the quality designated by Landlord as that is consistent with the minimum standard for the BuildingBuildings as of the Commencement Date, and in such manner as to cause a minimum of disruption to the other occupants of the Project and interference with other construction in progress and with the transaction of business in the Project and the related complex. Landlord may designate reasonable written rules, regulations and procedures for the performance of all such work in the Building Buildings (including insurance requirements for contractors) and, to the extent reasonably necessary to avoid disruption to the occupants of the Building, and shall have the right to designate the time reasonable times when such work may be performed. All such work which may affect the Building’s Structure or the Building’s Systems (other than to a de minimis extent as determined by Landlord) must be approved by the Project’s engineer of record, at Tenant’s expense and, at Landlord’s election, must be performed by Landlord’s usual contractor for such work, which contractor shall be independent, qualified, and reputable, and their rates, fees etc. are consistent with market rates for the subject works without an additional administrative fee. All work affecting the roof of either of the Building Buildings must be performed by Landlord’s roofing contractor (whose rates and fees shall be consistent with market rates for the subject works without an additional administrative fee) and no such work will be permitted if it would void or reduce or otherwise adversely affect the warranty on the roof. Upon completion of any work described in this Section 8, except with respect to any Permitted Alterations or any repairs required to be made by Tenant under Section 8.2, Tenant shall furnish Landlord with accurate reproducible “as-built” CADD files of the improvements as constructed.
Appears in 1 contract
Samples: Lease Agreement (Ciena Corp)
Performance of Work. All work described in this Section 8 shall be performed only by Landlord or by contractors and subcontractors approved in writing by Landlord and only in accordance with plans and specifications approved by Landlord in writing. If Landlord electsLandlord, in its sole discretionwhich approval shall not be unreasonably withheld, to supervise any work described in this Section 8, Tenant shall pay to Landlord a construction management fee equal to 5% of the cost of such workconditioned or delayed. Tenant shall cause all contractors and subcontractors to procure and maintain insurance coverage naming Landlord, Landlord’s Mortgagee, Landlord and Landlord’s property management company and Landlord’s asset management company as additional insureds against such risks, in such amounts, on such forms, and with such companies as Landlord may reasonably requirerequire as set forth on Exhibit I attached hereto. Tenant shall provide Landlord with the identities, mailing addresses and telephone numbers of all persons contractors and subcontractors performing work or supplying materials prior to beginning such construction and Landlord may post on and about the Premises notices of non-responsibility pursuant to applicable Laws. All such work shall be performed in accordance with all Laws and in a good and workmanlike manner so as not to damage the Building (including the Premises, the Building’s Structure and the Building’s Systems) and shall use materials of a quality that is at least equal to the quality designated by Landlord as the minimum standard for the Building, and in such manner as to cause a minimum of disruption to the other occupants of the Project and interference with other construction in progress and with the transaction of business in the Project and the related complex. Landlord may designate reasonable rules, regulations and procedures for the performance of all such work in the Building (including insurance requirements for contractors) and, to the extent reasonably necessary to avoid disruption to the occupants of the Building, shall have the right to designate the time when such work may be performed). All such work which may affect the Building’s Structure or the Building’s Systems must be approved by the Project’s engineer of record, at Tenant’s expense andSystems, at Landlord’s election, must be performed by LandlordXxxxxxxx’s usual contractor for such workwork (provided that such contractor charges commercially competitive rates for the work in question) or a contractor approved by Landlord, which approval shall not be unreasonably withheld, conditioned or delayed. All work affecting the roof of the Building must be performed by Landlord’s roofing contractor or a contractor approved by Landlord, which approval shall not be unreasonably withheld, conditioned or delayed, and no such work will be permitted if it would void or reduce or otherwise adversely affect the warranty on the roof. Upon completion of any work described in this Section 8, except with respect to any Permitted Alterations or any repairs required to be made by Tenant under Section 8.2, Tenant shall furnish Landlord with accurate reproducible “as-built” CADD files of the improvements as constructed.
Appears in 1 contract
Samples: Sublease (Corcept Therapeutics Inc)
Performance of Work. All work described in this Section 8 shall be performed only by Landlord or by contractors and subcontractors approved in writing by Landlord and only in accordance with plans and specifications approved by Landlord in writing. If Landlord elects, in its sole discretion, to supervise any work described in this Section 8, Tenant shall pay to Landlord a construction management fee equal to 5% of the cost of such work. Tenant shall cause all contractors and subcontractors to procure and maintain insurance coverage naming Landlord, Landlord’s 's Mortgagee, Landlord’s 's property management company and Landlord’s 's asset management company as additional insureds against such risks, in such amounts, and with such companies as Landlord may reasonably require. Tenant shall provide Landlord with the identities, mailing addresses and telephone numbers of all persons performing work or supplying materials prior to beginning such construction and Landlord may post on and about the Premises notices of non-responsibility pursuant to applicable Laws. All such work shall be performed in accordance with all Laws and in a good and workmanlike manner so as not to damage the Building (including the Premises, the Building’s 's Structure and the Building’s 's Systems) and shall use materials of a quality that is at least equal to the quality designated by Landlord as the minimum standard for the Building, and in such manner as to cause a minimum of disruption to the other occupants of the Project and interference with other construction in progress and with the transaction of business in the Project and the related complexProject. Landlord may designate reasonable rules, regulations and procedures for the performance of all such work in the Building (including insurance requirements for contractors) and, to the extent reasonably necessary to avoid disruption to the occupants of the Building, shall have the right to designate the time when such work may be performed. All such work which may affect the Building’s 's Structure or the Building’s 's Systems must be approved by the Project’s 's engineer of record, at Tenant’s 's expense and, at Landlord’s 's election, must be performed by Landlord’s 's usual contractor for such work. All work affecting the roof of the Building must be performed by Landlord’s 's roofing contractor and no such work will be permitted if it would void or reduce or otherwise adversely affect the warranty on the roof. Upon completion of any work described in this Section 8, except with respect to any Permitted Alterations or any repairs required to be made by Tenant under Section 8.2, Tenant shall furnish Landlord with accurate reproducible “"as-built” " CADD files of the improvements as constructed.
Appears in 1 contract
Performance of Work. All work described in this Section 8 shall be performed only by Landlord Landlord’s usual contractor for such work at competitive rates or by contractors and subcontractors approved in writing by Landlord and only in accordance with plans and specifications approved by Landlord in writing. If Landlord electsLandlord, in its sole discretionwhich approval shall not be unreasonably withheld, to supervise any work described in this Section 8, Tenant shall pay to Landlord a construction management fee equal to 5% of the cost of such workconditioned or delayed. Tenant shall cause all contractors and subcontractors to procure and maintain insurance coverage naming Landlord, Landlord’s Mortgagee, Landlord’s property management company and company, Landlord’s asset management company and such other persons or entities as Landlord may designate in writing to Tenant from time to time as additional insureds using ISO additional insured endorsement CG 20 11 (or a substitute form reasonably satisfactory to Landlord providing equivalent coverage), and under the commercial umbrella, if any, against such risks, in such amounts, and with such companies as Landlord may reasonably require. Tenant shall provide Landlord with the identities, mailing addresses and telephone numbers of all persons performing work or supplying materials prior to beginning such construction construction, and Landlord may post on and about the Premises notices of non-responsibility pursuant to applicable Laws. All such work shall be performed in accordance with all Laws Laws, the Underlying Documents and in a good and workmanlike manner so as not to damage the Building (including the Premises, the Building’s Structure and the Building’s Systems) and shall use materials of a quality that is at least equal to the quality designated by Landlord as the minimum standard for the Building, and in such manner as to cause a minimum of disruption to the other occupants of the Project and interference with other construction in progress and with the transaction of business in the Project and the related complex. Landlord may designate reasonable rules, regulations and procedures for the performance of all such work in the Building (including insurance requirements for contractors) and, to the extent reasonably necessary to avoid disruption to the occupants of the Building, shall have the right to designate the time when such work may be performed). All such work which that may affect the Building’s Structure or the Building’s Systems must be approved by the ProjectBuilding’s engineer of record, at Tenant’s expense and, at Landlord’s election, must be performed by Landlord’s usual contractor for such workwork at competitive rates. All work affecting the roof of the Building must be performed by Landlord’s roofing contractor at competitive rates and no such work will be permitted if it would void or reduce or otherwise adversely affect the warranty on the roof. Upon completion of any work described in this Section 8, except with respect to any Permitted Alterations or any repairs required to be made by Tenant under Section 8.2, Tenant shall furnish Landlord with accurate reproducible “as-built” CADD files of the improvements as constructed.
Appears in 1 contract
Samples: Lease Agreement (Glu Mobile Inc)
Performance of Work. All work described in this Section 8 shall be performed only by Landlord or by contractors and subcontractors approved in writing by Landlord and only in accordance with plans and specifications approved by Landlord in writing. If Landlord elects, in its sole discretion, to supervise any work described in this Section 8, Tenant shall pay to Landlord a construction management fee equal to 5% of the cost of such workLandlord. Tenant shall cause all contractors and subcontractors to procure and maintain insurance coverage naming Landlord, Landlord’s Mortgagee, Landlord’s 's property management company and Landlord’s 's asset management company as additional insureds against such risks, in such amounts, and with such companies as Landlord may reasonably require. Tenant shall provide Landlord with the identities, mailing addresses and telephone numbers of all persons performing work or supplying materials prior to beginning such construction and Landlord may post on and about the Premises notices of non-responsibility pursuant to applicable Laws. All such work shall be performed in accordance with all Laws and in a good and workmanlike manner so as not to damage the Building (including the Premises, the Building’s 's Structure and the Building’s 's Systems) and shall use materials of a quality that is at least equal to the quality designated by Landlord as the minimum standard for the Building, and in such manner as to cause a minimum of disruption to the other occupants of the Project and interference with other construction in progress and with the transaction of business in the Project and the related complex. Landlord may designate reasonable rules, regulations and procedures for the performance of all such work in the Building (including insurance requirements for contractors) and, to the extent reasonably necessary to avoid disruption to the occupants of the Building, shall have the right to designate the time when such work may be performed). All such work which may affect the Building’s 's Structure or the Building’s 's Systems must be approved by the Project’s Building's engineer of record, at Tenant’s 's expense and, at Landlord’s 's election, must be performed by Landlord’s 's usual contractor for such work. All work affecting the roof of the Building must be performed by Landlord’s 's roofing contractor and no such work will be permitted if it would void or reduce or otherwise adversely affect the warranty on the roof. Upon completion No later than 30 days after request from Landlord (not to be made more than one time per calendar year unless an Event of any work described Default has occurred), Tenant shall deliver to Landlord a certificate from an engineer reasonably acceptable to Landlord certifying that all such items which Tenant is required to maintain hereunder are then in good repair and condition and have been maintained in accordance with this Section 8, except with respect to any Permitted Alterations or any repairs required to be made by Tenant under Section 8.2, Tenant shall furnish Landlord with accurate reproducible “as-built” CADD files of the improvements as constructed.
Appears in 1 contract
Samples: Lease Agreement (Alco Stores Inc)
Performance of Work. All work described in this Section 8 shall be performed only by Landlord or by contractors and subcontractors approved in writing by Landlord and only in accordance with plans and specifications Landlord, as well as the time schedule for the performance of such work approved by Landlord. Landlord in writing. If Landlord elects, in its sole discretion, to supervise any work described in this Section 8, Tenant shall pay to Landlord a construction management fee equal to 5% of the cost of agrees that it will not unreasonably withhold such workapproval. Tenant shall cause all contractors and subcontractors to procure and maintain insurance coverage naming Landlord, Landlord’s Mortgagee, Landlord’s 's property management company and Landlord’s asset management company INVESCO Institutional (N.A.), Inc. ("INVESCO") as additional insureds against such risks, in such amounts, and with such companies as Landlord may reasonably require. Tenant shall provide Landlord with the identities, mailing addresses and telephone numbers of all persons performing work or supplying materials prior to beginning such construction and Landlord may post on and about the Premises notices of non-responsibility pursuant to applicable Laws. All such work shall be performed in accordance with all Laws and in a good and workmanlike manner so as not to damage the Building (including the Premises, the Building’s 's Structure and the Building’s 's Systems) and shall use materials of a quality that is at least equal to the quality designated by Landlord as the minimum standard for the Building, and in such manner as to cause a minimum of disruption to the other occupants of the Project and interference with other construction in progress and with the transaction of business in the Project and the related complex. Landlord may designate reasonable rules, regulations and procedures for the performance of all such work in the Building (including insurance requirements for contractors) and, to the extent reasonably necessary to avoid disruption to the occupants of the Building, shall have the right to designate the time when such work may be performed). All such work which may affect the Building’s 's Structure or the Building’s Systems must be approved by the Project’s engineer of record, at Tenant’s expense and's Systems, at Landlord’s 's election, must be performed by Landlord’s 's usual contractor for such workwork or a contractor approved by Landlord. All work affecting the roof of the Building must be performed by Landlord’s 's roofing contractor or a contractor approved by Landlord and no such work will be permitted if it would void or reduce or otherwise adversely affect the warranty on the roof. Upon completion of Tenant's contract with any contractors performing any work described in performed by, or on behalf of, Tenant pursuant to this Section 88 shall include the Required Tenant Work General Conditions attached hereto as Exhibit G, except with respect and Landlord shall have the right to enforce such General Conditions directly against any Permitted Alterations or any repairs required to be made by Tenant under Section 8.2, Tenant shall furnish Landlord with accurate reproducible “as-built” CADD files of the improvements as constructedTenant's contractors.
Appears in 1 contract
Samples: Office Lease Agreement (Zix Corp)
Performance of Work. All work described in this Section 8 7 shall be performed only by Landlord or by contractors and subcontractors approved in writing by Landlord, which approval Landlord and only in accordance with plans and specifications approved by Landlord in writing. If Landlord electsshall not unreasonably withhold, in its sole discretion, to supervise any work described in this Section 8, Tenant shall pay to Landlord a construction management fee equal to 5% of the cost of such workcondition or delay. Tenant shall cause all contractors and subcontractors to procure and maintain insurance coverage naming Landlord, Landlord’s Mortgagee, Landlord’s property management company and Landlord’s asset management company as additional insureds against such risks, in such amounts, and with such companies as Landlord may reasonably require, but in no event less than: (i) Commercial General Liability insurance on an occurrence basis in amounts not less than $1,000,000 naming Landlord as an additional insured; and (ii) workers’ compensation insurance in amounts required by statute. Tenant shall provide Landlord with insurance certificates for such contractors and subcontractors prior to commencement of any work. Tenant shall provide Landlord with the identities, mailing addresses and telephone numbers of all persons contractors or subcontractors performing work or supplying materials prior to beginning such construction and Landlord may post on and about the Premises notices of non-responsibility pursuant to applicable Laws. All such work shall be performed in accordance with all Laws and in a good and workmanlike manner so as not to damage the Building (including the Premises, the Building’s Structure and the Building’s Systems) and shall use materials of a quality that is at least equal to the quality designated by Landlord as the minimum standard for the Building, and in such manner as to cause a minimum of disruption to the other occupants of the Project and interference with other construction in progress and with the transaction of business in the Project and the related complex. Landlord may designate reasonable rules, regulations and procedures for the performance of all such work in the Building (including insurance requirements for contractors) and, to the extent reasonably necessary to avoid disruption to the occupants of the Building, shall have the right to designate the time when such work may be performed). All such work which may affect the Building’s Structure or the Building’s Systems must be approved by the Project’s engineer of record, at Tenant’s expense andSystems, at Landlord’s election, must be performed by Landlord’s usual contractor for such workwork or a contractor approved by Landlord, which approval Landlord shall not unreasonably withhold, condition or delay. All work affecting the roof of the Building must be performed by Landlord’s roofing contractor or a contractor approved by Landlord, which approval Landlord shall not unreasonably withhold, condition or delay and no such work will be permitted if it would void or reduce or otherwise adversely affect the warranty on the roof. Upon completion of any work described in this Section 8, except with respect to any Permitted Alterations or any repairs required to be made by Tenant under Section 8.2, Tenant shall furnish Landlord with accurate reproducible “as-built” CADD files of the improvements as constructed.
Appears in 1 contract
Samples: Office Lease Agreement (Cross Country Healthcare Inc)
Performance of Work. All work described in this Section 8 shall be performed only by Landlord or by contractors and subcontractors approved in writing by Landlord and only in accordance with plans and specifications approved by Landlord in writing. If Landlord electsLandlord, in its sole discretionsuch approval not to be unreasonably withheld, to supervise any work described in this Section 8, Tenant shall pay to Landlord a construction management fee equal to 5% of the cost of such workconditioned or delayed. Tenant shall cause all contractors and subcontractors to procure and maintain insurance coverage naming Landlord, Landlord’s Mortgagee, Landlord’s property management company and Landlord’s asset management company INVESCO Institutional (N.A.), Inc. (“Invesco”) as additional insureds against such risks, in such amounts, and with such companies as Landlord may reasonably require. Tenant shall provide Landlord with the identities, mailing addresses and telephone numbers of all persons performing work or supplying materials prior to beginning OFFICE LEASE AGREEMENT CentrePort/Radiant Systems, Inc. 10 such construction and Landlord may post on and about the Premises notices of non-responsibility pursuant to applicable Laws. All such work shall be performed in accordance with all Laws and in a good and workmanlike manner so as not to damage the Building (including the Premises, the Building’s Structure and the Building’s Systems) and shall use materials of a quality that is at least equal to the quality designated by Landlord as the minimum standard for the Building, and in such manner as to cause a minimum of disruption to the other occupants of the Project and interference with other construction in progress and with the transaction of business in the Project and the related complex. Landlord may designate reasonable rules, regulations and procedures for the performance of all such work in the Building (including insurance requirements for contractors) and, to the extent reasonably necessary to avoid disruption to the occupants of the Building, shall have the right to designate the time when such work may be performed). All such work which may affect the Building’s Structure or the Building’s Systems must be approved by the Project’s engineer of record, at Tenant’s expense andSystems, at Landlord’s election, must be performed by Landlord’s usual contractor for such workwork or a contractor approved by Landlord in its reasonable discretion. All work affecting the roof of the Building must be performed by Landlord’s roofing contractor or a contractor approved by Landlord in its reasonable discretion and no such work will be permitted if it would void or reduce or otherwise adversely affect the warranty on the roof. Upon completion of any work described in this Section 8, except with respect to any Permitted Alterations or any repairs required to be made by Tenant under Section 8.2, Tenant shall furnish Landlord with accurate reproducible “as-built” CADD files of the improvements as constructed.
Appears in 1 contract
Performance of Work. (a) Following approval of the Construction Documents by Landlord, the Contractor shall obtain a building permit and, subject to the other terms and conditions of this Exhibit and the Lease, shall cause the Tenant Improvements to be Substantially Completed according to the construction schedule approved by the parties in the Construction Documents. Tenant acknowledges that the work will be performed during Tenant’s occupancy of the Premises; and Landlord and Tenant shall cooperate to reasonably minimize any interference with the performance of the work and Tenant’s use of the Premises. Tenant shall be solely responsible for any injury, loss or damage which may occur to any of the property of Tenant, its agents, employees and contractors, in or about the Premises during the construction period.
(b) Tenant shall indemnify, defend and hold harmless Landlord and the Building from and against all losses, damages, costs (including costs of suit and reasonable attorney’s fees), liabilities, or causes of action arising out of or relating to the Tenant Improvements, including, without limitation, mechanics’ liens or other liens or claims (and all costs or expenses associated therewith) asserted, filed or arising out of any such work, and all damage caused by the Contractor, its subcontractors or their employees.
(c) All work described in this Section 8 Tenant Improvements shall be performed in a safe, first-class and workmanlike manner in conformity with the approved Construction Plans and all applicable Laws and insurance requirements, and Tenant and the Contractor shall avoid interference with other occupants and the efficient, safe and secure operation of the Building. Tenant, the Contractor, subcontractors and suppliers, and their respective employees, agents and independent contractors, shall comply with Landlord’s construction rules for the Building and the general rules of the Building in connection with all aspects of the Tenant Improvements and all related construction activities, including, without limitation, the following: the delivery, moving or removal of materials, equipment, and debris shall be performed at such times, in such locations and using such procedures as reasonably designated by Landlord; all debris and rubbish caused by or resulting from the construction shall be removed and disposed of at least once a week, or more frequently as Landlord may reasonably direct; only by Landlord or by contractors freight elevators may be used for the delivery, moving and subcontractors approved in writing removal of materials, equipment and debris; core drilling may only be performed during such hours and on such days as reasonably directed by Landlord and only in accordance with plans such advance notice and specifications approved such procedures as permits Landlord to approve the location and scope of such drilling and to inspect for resulting structural damage; demolition may only be performed during such hours and on such days as reasonably directed by Landlord in writing. If Landlord elects, in its sole discretion, to supervise any work described in this Section 8, Tenant shall pay to Landlord a construction management fee equal to 5% based on the nature of the cost activity; all construction activities in the Premises must be controlled to minimize noise and prevent dirt, dust, odors, fumes or other matter from infiltrating into adjacent tenant or mechanical areas; all employees, agents and independent contractors of such workthe Contractor, subcontractors and suppliers shall park only in areas designated by Landlord. Landlord may impose reasonable additional requirements from time to time in order to ensure that the Tenant shall cause all Improvements does not materially disturb or interfere with any other tenants of the Building, or their visitors, contractors or agents, nor interfere with the efficient, safe and subcontractors secure operation of the Building. In the event that the Contractor or any subcontractor fails to procure and maintain insurance coverage naming Landlordcomply with the terms of this Exhibit, applicable Laws or Landlord’s Mortgagee, Landlord’s property management company and Landlord’s asset management company as additional insureds against such risks, in such amounts, and with such companies as Landlord may reasonably require. Tenant shall provide Landlord with the identities, mailing addresses and telephone numbers of all persons performing work or supplying materials prior to beginning such construction and Landlord may post on and about the Premises notices of non-responsibility pursuant to applicable Laws. All such work shall be performed in accordance with all Laws and in a good and workmanlike manner so as not to damage the Building (including the Premises, the Building’s Structure and the Building’s Systems) and shall use materials of a quality that is at least equal to the quality designated by Landlord as the minimum standard rules for the Building, and Landlord reserves the right to refuse to permit construction to commence or to halt construction until such non-compliance is remedied. In the event of any strikes, picketing, boycott, or other visible labor activities in such manner as to cause a minimum of disruption or about the Premises or Building relating to the other occupants Contractor, or any subcontractors, or suppliers, Tenant, upon written request of the Project Landlord and interference with other construction in progress and with the transaction of business in the Project and the related complex. Landlord may designate reasonable rules, regulations and procedures for the performance of all such work in the Building (including insurance requirements for contractors) and, to the extent reasonably necessary permitted by applicable Laws, shall immediately cause the applicable Contractor, subcontractor, supplier, employee, agent, or independent contractor to avoid disruption to leave the occupants Building until the dispute has been settled. Landlord shall cooperate with Tenant in connection with the construction of the Building, Tenant Improvements; but Landlord shall have no obligations to Tenant for the right to designate the time when such work may be performed. All such work which may affect the Building’s Structure or the Building’s Systems must be approved by the Project’s engineer of record, at Tenant’s expense and, at Landlord’s election, must be performed by Landlord’s usual contractor for such work. All work affecting the roof completion of the Building must be performed by Landlord’s roofing contractor Tenant Improvements and no such work will be permitted if it would void or reduce or otherwise adversely affect the warranty on the roof. Upon completion risk of any work described in this Section 8, except with respect to any Permitted Alterations or any repairs required to be made by Tenant under Section 8.2, Tenant shall furnish Landlord with accurate reproducible “as-built” CADD files timely performance of the improvements as constructedTenant Improvements shall be that of Tenant.
Appears in 1 contract
Performance of Work. All work described in this Section 8 shall be performed only by Landlord or by contractors and subcontractors approved in writing by Landlord and only in accordance with plans and specifications approved by Landlord in writing. If Landlord elects, in its sole discretion, to supervise any work described in this Section 8, Tenant shall pay to Landlord a construction management fee equal to 5% of the cost of such workLandlord. Tenant shall cause all contractors and subcontractors to procure and maintain insurance coverage naming Landlord, Landlord’s Mortgagee, Landlord’s property management company and Landlord’s asset management company as additional insureds against such risks, in such amounts, and with such companies as Landlord may reasonably require, but in no event less than: (i) Commercial General Liability insurance on an occurrence basis in amounts not less than $2,000,000.00 ($1,000,000.00 of which may be in excess umbrella coverage) naming Landlord, Landlord’s property management company and Invesco Advisers, Inc. (“Invesco”) as additional insureds; (ii) workers’ compensation insurance in amounts required by statute; and (iii) Business Automobile Liability insurance on an occurrence basis in amounts not less than $1,000,000.00. Tenant shall provide Landlord with insurance certificates for such contractors and subcontractors prior to commencement of any work. Tenant shall provide Landlord with the identities, mailing addresses and telephone numbers of all persons performing work or supplying materials prior to beginning such construction and Landlord may post on and about the Premises notices of non-responsibility pursuant to applicable Laws. All such work shall be performed in accordance with all Laws and in a good and workmanlike manner so as not to damage the Building (including the Premises, the Building’s Structure and the Building’s Systems) and shall use materials of a quality that is at least equal to the quality designated by Landlord as the minimum standard for the Building, and in such manner as to cause a minimum of disruption to the other occupants of the Project and interference with other construction in progress and with the transaction of business in the Project and the related complex. Landlord may designate reasonable rules, regulations and procedures for the performance of all such work in the Building (including insurance requirements for contractors) and, to the extent reasonably necessary to avoid disruption to the occupants of the Building, shall have the right to designate the time when such work may be performed). All such work which may affect the Building’s Structure or the Building’s Systems must be approved by the Project’s engineer of record, at Tenant’s expense andSystems, at Landlord’s election, must be performed by Landlord’s usual contractor for such workwork or a contractor approved by Landlord. All work affecting the roof of the Building must be performed by Landlord’s roofing contractor or a contractor approved by Landlord and no such work will be permitted if it would void or reduce or otherwise adversely affect the warranty on the roof. Upon completion of any work described in this Section 8, except with respect to any Permitted Alterations or any repairs required to be made by Tenant under Section 8.2, Tenant shall furnish Landlord with accurate reproducible “as-built” CADD files of the improvements as constructed.
Appears in 1 contract
Samples: Office Lease Agreement
Performance of Work. All work described in this Section 8 8, or otherwise performed by or for Tenant under this Lease, shall be performed only by Landlord or by contractors and subcontractors approved in writing by Landlord and only in accordance with plans and specifications approved by Landlord in writing. If Landlord electsLandlord, in its sole discretionsuch approval not to be unreasonably withheld, to supervise any work described in this Section 8, Tenant shall pay to Landlord a construction management fee equal to 5% of the cost of such workconditioned or delayed. Tenant shall cause all contractors and subcontractors to procure and maintain (i) insurance coverage naming Landlord, Landlord’s Mortgagee, Landlord’s property management company and Landlord’s asset management company as additional insureds against such risks, in such *** Information has been omitted pursuant to a request for confidential treatment which has been filed separately with the Securities and Exchange Commission. Lease Agreement (Triple Net) – 0000 Xxxxxxxxxx Xxxxxx, Xxxxxxxx, Xxxxxxxxxx amounts, and with such companies companies, as Landlord may reasonably require, and (ii) any payment and/or performance bonds in such amount, and with such companies, as Landlord may reasonably require (it being understood, however, that Landlord shall not require bonds in connection with the Work to be performed in accordance with Exhibit D hereto or any other work estimated to cost less than [***]). Tenant shall provide Landlord with the identities, mailing addresses and telephone numbers of all persons performing work or supplying materials prior to beginning such construction and Landlord may post on and about the Premises notices of non-responsibility pursuant to applicable Laws. All such work shall be performed in accordance with all Laws and in a good and workmanlike manner so as not to damage the Building Premises (including the PremisesBuilding, the Building’s Structure and the Building’s Systems) and shall use materials of a quality that is at least equal to the quality designated by Landlord as the minimum standard for the Building, and in such manner as to cause a minimum of disruption to the other occupants of the Project and interference with other construction in progress and with the transaction of business in the Project and the related complex. Landlord may designate reasonable rules, regulations and procedures for the performance of all such work in the Building (including insurance requirements for contractors) and, to the extent reasonably necessary to avoid disruption to the occupants of the Building, shall have the right to designate the time when such work may be performed). All such work which may affect the Building’s Structure or the Building’s Systems must be approved by the Project’s an engineer of recordreasonably acceptable to Landlord, at Tenant’s expense and, at Landlord’s election, must be performed by Landlord’s usual contractor for such work. All work affecting the roof of the Building (including any roof-related work that is part of the HVAC Work as provided in Exhibit D hereto) must be performed by Landlord’s roofing contractor contractor, and no such work will be permitted if it would void or reduce or otherwise adversely affect the warranty on the roof. Upon completion of any work described in this Section 8, except with respect to any Permitted Alterations or any repairs required to be made by Tenant under Section 8.2, Tenant shall furnish Landlord with accurate reproducible “as-built” CADD files of the improvements as constructed.
Appears in 1 contract
Samples: Lease Agreement (Solyndra, Inc.)