PREPARATION OF THE DEMISED PREMISES. 3.01. The Demised Premises shall be completed and prepared for Tenant's occupancy in the manner, and subject to the terms, conditions and covenants, set forth in Exhibit C. The facilities, materials, and work so to be furnished, installed, and performed in the Demised Premises by Landlord at its expense are hereinafter and in Exhibit C referred to as "Landlord's Work". Such other installations, materials, and work which may be undertaken by or for the account of Tenant to equip, decorate, and furnish the Demised Premises for Tenant's occupancy, commonly called finishing trades work, are hereinafter and in Exhibit C called "Tenant's Finish Work." 3.02. Landlord and Tenant acknowledge that Tenant shall be obligated to restore the Demised Premises by the end of the term, including such renewals thereto, or at any earlier expiration date. For purposes of this Lease, and specifically without limitation, for purposes of Article 3, Article 13 and specifically without limitation, Section 13.02, and Article 23, references to "restoration" or to the obligation of Tenant "to restore", shall mean the demolition of all of Landlord's Work and Tenant's Finish Work and of all work thereafter performed by or on behalf of Tenant in connection with Tenant Changes such that the Demised Premises are delivered to Landlord in the same manner and in the same condition as existed prior to Landlord's Work or Tenant's Finish Work as set forth in Exhibit C. If there are any changes to the base Building systems as a result of Landlord's Work, Tenant's Finish Work or the installation of the stairway between the 12th and 14th floor, Tenant shall be required to restore such base Building systems to their condition prior to the performance of Landlord's Work, Tenant's Finish Work or the installation of the stairway. Landlord agrees that Tenant shall have the right, but shall be under no obligation, to request Landlord to restore the Demised Premises upon written notice to such effect given not later than sixty (60) days prior to the expiration of the term. If Tenant requests Landlord to restore the Demised Premises as aforesaid, then Tenant's restoration obligation shall be limited to payment of such demolition costs as are specific to Tenant's then constructed Demised Premises based upon the then applicable labor costs, as may be escalated, and upon the then applicable garbage hauling costs, as may be escalated, and the quantities so involved so reduced at Landlord's discretion.
Appears in 2 contracts
Samples: Sublease Agreement (I Many Inc), Lease Agreement (Pxre Group LTD)
PREPARATION OF THE DEMISED PREMISES. 3.01. The Demised Premises shall be completed and prepared for Tenant's occupancy in the manner, and subject to the terms, conditions and covenants, set forth in Exhibit C. The facilities, materials, and work so to be furnished, installed, and performed in 3.01 Tenant has examined the Demised Premises by Landlord at its expense are hereinafter and agrees to accept the same in Exhibit C referred their condition and state of repair existing as of the date hereof subject to as "Landlord's Work". Such other installationsnormal wear and tear and to the removal therefrom of the property of the existing tenant or occupant thereof, materialsif any, and work which may be undertaken by or understands and agrees that, except for the account of Tenant to equip, decorate“Landlord’s Work” (as such quoted term in hereinafter defined), and furnish its obligations otherwise under this Lease, Landlord shall not be required to perform any work, supply any materials or incur any expense to prepare the Demised Premises for Tenant's occupancy’s occupancy except that, commonly called finishing trades workprior to the Term Commencement Date, are hereinafter and in Exhibit C called "Tenant's Finish Work."
3.02. Landlord and Tenant acknowledge that Tenant shall be obligated to restore cause the Demised Premises by the end of the termto be delivered in vacant, including such renewals thereto, or at any earlier expiration date. For purposes of this Leasebroom clean condition, and specifically without limitation, for purposes of Article 3, Article 13 and specifically without limitation, Section 13.02, and Article 23, references shall deliver an NYC DEP Form ACP-5 to "restoration" or to the obligation of Tenant "to restore", shall mean the demolition of all of Landlord's Work and Tenant's Finish Work and of all work thereafter performed by or on behalf of Tenant in connection with Tenant Changes such showing that the Demised Premises is asbestos free.
3.02 Prior to the Term Commencement Date, Landlord, at its sole cost and expense, except as otherwise provided herein, shall do that portion of the construction and other items of work in the Demised Premises set forth on Exhibit B attached hereto and made a part hereof (such work, “Landlord’s Work”). Landlord will perform such items of Landlord’s Work and furnish materials to carry out the improvements provided for in Final Plans as herein provided. In the event that, pursuant to Tenant’s request, any change(s) are delivered requested to the Final Plans and such change(s) would increase the cost of the Landlord’s Work specified therein, the cost will be determined by Landlord and presented in writing to Tenant for Tenant’s reasonable approval prior to the commencement of any such change(s). If Tenant approves the additional cost, Landlord will perform the changes and Tenant shall pay the additional cost to Landlord upon receipt of an invoice therefor, as Additional Rent hereunder. If Tenant disapproves the additional cost, Landlord shall continue Landlord’s Work in accordance with the same manner and in the same condition as existed prior to Landlord's Work or Tenant's Finish Work as set forth in Exhibit C. If there are any changes to the base Building systems as a result of Landlord's Work, Tenant's Finish Work or the installation of the stairway between the 12th and 14th floor, Tenant then existing Final Plans. Landlord shall not be required to restore such base Building systems provide any services or do any act or thing or make any payment with respect to their condition prior to the performance of Landlord's Work, Tenant's Finish Work or the installation of the stairway. Landlord agrees that Tenant shall have the right, but shall be under no obligation, to request Landlord to restore the Demised Premises upon written notice to such effect given not later than sixty (60) days prior to or the expiration of the termappurtenances thereto, except as may be specifically provided herein. If Tenant requests Landlord to restore shall deliver the Demised Premises as aforesaidfree of outstanding construction or mechanics’ liens and any violations which prohibit, then delay or interfere with the Tenant filing for Tenant's restoration obligation shall be limited to payment of such demolition costs as are specific to Tenant's then constructed Demised Premises based upon ’s Changes or obtaining permits or approvals, in broom clean and vacant condition, with the then applicable labor costssprinkler, as may be escalatedHVAC, plumbing, heating, and upon the then applicable garbage hauling costs, as may be escalated, electrical systems in proper and the quantities so involved so reduced at Landlord's discretiongood working order.
Appears in 2 contracts
Samples: Lease Agreement (Blue Apron Holdings, Inc.), Lease Agreement (Blue Apron Holdings, Inc.)
PREPARATION OF THE DEMISED PREMISES. 3.01. The Demised Premises shall be completed and prepared for Tenant's occupancy in the manner, and subject to the terms, conditions and covenants, set forth in Exhibit C. The facilities, materials, and work so to be furnished, installed, and performed in 3.01 Tenant has examined the Demised Premises by Landlord at its expense are hereinafter and agrees to accept the same in Exhibit C referred their condition and state of repair existing as of the date hereof subject to as "Landlord's Work". Such other installationsnormal wear and tear and to the removal therefrom of the property of the existing tenant or occupant thereof, materialsif any, and work which may be undertaken by or understands and agrees that, except for the account of Tenant to equip, decorate“Landlord’s Work” (as such quoted term is hereinafter defined), and furnish its obligations otherwise under this Lease, Landlord shall not be required to perform any work, supply any materials or incur any expense to prepare the Demised Premises for Tenant's occupancy’s occupancy except that, commonly called finishing trades workprior to the Term Commencement Date, are hereinafter and in Exhibit C called "Tenant's Finish Work."
3.02. Landlord and Tenant acknowledge that Tenant shall be obligated to restore cause the Demised Premises by the end of the termto be delivered in vacant, including such renewals thereto, or at any earlier expiration date. For purposes of this Leasebroom clean condition, and specifically without limitation, for purposes of Article 3, Article 13 and specifically without limitation, Section 13.02, and Article 23, references shall deliver an NYC DEP Form ACP-5 to "restoration" or to the obligation of Tenant "to restore", shall mean the demolition of all of Landlord's Work and Tenant's Finish Work and of all work thereafter performed by or on behalf of Tenant in connection with Tenant Changes such showing that the Demised Premises is asbestos free.
3.02 Prior to the Term Commencement Date, Landlord, at its sole cost and expense, except as otherwise provided herein, shall do that portion of the construction and other items of work in the Demised Premises set forth on Exhibit B attached hereto and made a part hereof (such work, “Landlord’s Work”). Landlord will perform such items of Landlord’s Work and furnish materials to carry out the improvements provided for in Final Plans as herein provided. In the event that, pursuant to Tenant’s request, any change(s) are delivered requested to the Final Plans and such change(s) would increase the cost of the Landlord’s Work specified therein, the cost will be determined by Landlord and presented in writing to Tenant for Tenant’s reasonable approval prior to the commencement of any such change(s). If Tenant approves the additional cost, Landlord will perform the changes and Tenant shall pay the additional cost to Landlord upon receipt of an invoice therefor, as Additional Rent hereunder. If Tenant disapproves the additional cost, Landlord shall continue Landlord’s Work in accordance with the same manner and in the same condition as existed prior to Landlord's Work or Tenant's Finish Work as set forth in Exhibit C. If there are any changes to the base Building systems as a result of Landlord's Work, Tenant's Finish Work or the installation of the stairway between the 12th and 14th floor, Tenant then existing Final Plans. Landlord shall not be required to restore such base Building systems provide any services or do any act or thing or make any payment with respect to their condition prior to the performance of Landlord's Work, Tenant's Finish Work or the installation of the stairway. Landlord agrees that Tenant shall have the right, but shall be under no obligation, to request Landlord to restore the Demised Premises upon written notice to such effect given not later than sixty (60) days prior to or the expiration of the termappurtenances thereto, except as may be specifically provided herein. If Tenant requests Landlord to restore shall deliver the Demised Premises as aforesaidfree of outstanding construction or mechanics’ liens and any violations which prohibit, then delay or interfere with the Tenant filing for Tenant's restoration obligation shall be limited to payment of such demolition costs as are specific to Tenant's then constructed Demised Premises based upon ’s Changes or obtaining permits or approvals, in broom clean and vacant condition, with the then applicable labor costssprinkler, as may be escalatedHVAC, plumbing, heating and upon the then applicable garbage hauling costs, as may be escalated, electrical systems in proper and the quantities so involved so reduced at Landlord's discretiongood working order.
Appears in 2 contracts
Samples: Lease Agreement (Blue Apron Holdings, Inc.), Lease Agreement (Blue Apron Holdings, Inc.)
PREPARATION OF THE DEMISED PREMISES. 3.01. The Demised Premises shall be completed (a) Tenant has examined the demised premises and prepared for Tenantagrees to accept same in their "as is" condition as of the date hereof, subject to Landlord's occupancy in the mannerobligations under Section 7.01 hereof, and subject understands and agrees that Landlord shall not be required to perform any work, supply any materials or incur any expense to prepare the terms, conditions and covenants, set forth in Exhibit C. The facilities, materials, and work so to be furnished, installed, and performed in the Demised Premises by Landlord at its expense are hereinafter and in Exhibit C referred to as "Landlord's Work". Such other installations, materials, and work which may be undertaken by or for the account of Tenant to equip, decorate, and furnish the Demised Premises demised premises for Tenant's occupancy, commonly called finishing trades workexcept that Landlord shall, at Landlord's sole cost and expense, perform the work in the demised premises defined in Schedule C hereof as the "Landlord's Post-Commencement Work".
(b) Landlord covenants that Landlord has, at Landlord's sole cost and expense, performed the following work in the demised premises in a good and workerlike manner in accordance with all Legal Requirements:
(i) totally demolished the demised premises slab-to-slab and wall-to-wall (except the thirty (30) ton water-cooled air-conditioning unit on the ninth (9th) floor and all sprinkler loops): and
(ii) performed asbestos removal in the demised premises in accordance with Legal Requirements in order to remove all asbestos-containing materials from the demised premises which are hereinafter noted as currently existing therein on Landlord's asbestos report, a copy of which has been previously delivered to Tenant and delivered to Tenant a New York City PARK AVE ARMORY/NYLPC - LEASE PT I Form ACP-5 from the New York City Department of Environmental Protection in Exhibit C called connection with the final plans, as defined in Article 44 hereof.
(a) Landlord's Post-Commencement Work shall be deemed substantially completed notwithstanding the fact that minor or insubstantial details of demolition remain to be performed, the non-completion of which do not materially interfere with the commencement of Tenant's Work in the demised premises.
(b) If the substantial completion of Landlord's Post-Commencement Work shall be delayed due to any act or omission of Tenant or any of its employees, agents or contractors ("Tenant's Finish Work.Delay"
3.02. Landlord and Tenant acknowledge that Tenant shall be obligated to restore the Demised Premises by the end ) of the term, including such renewals thereto, or at any earlier expiration date. For purposes of this Lease, and specifically without limitation, for purposes of Article 3, Article 13 and specifically without limitation, Section 13.02, and Article 23, references to "restoration" or to the obligation of Tenant "to restore", shall mean the demolition of all of Landlord's Work and Tenant's Finish Work and of all work thereafter performed by or on behalf of Tenant in connection with Tenant Changes such that the Demised Premises are delivered to Landlord in the same manner and in the same condition as existed prior to Landlord's Work or Tenant's Finish Work as set forth in Exhibit C. If there are any changes to the base Building systems as a result of Landlord's Work, Tenant's Finish Work or the installation of the stairway between the 12th and 14th floor, Tenant shall be required to restore such base Building systems to their condition prior to the performance of Landlord's Work, Tenant's Finish Work or the installation of the stairway. Landlord agrees that which Tenant shall have the rightbeen given notice (which may be oral), but then Landlord's Post-Commencement Work shall be under no obligation, to request Landlord to restore deemed substantially completed on the Demised Premises upon written notice to date when it would have so been but for such effect given not later than sixty (60) days prior to the expiration of the term. If Tenant requests Landlord to restore the Demised Premises as aforesaid, then Tenant's restoration obligation shall be limited to payment of such demolition costs as are specific to Tenant's then constructed Demised Premises based upon the then applicable labor costs, as may be escalated, and upon the then applicable garbage hauling costs, as may be escalated, and the quantities so involved so reduced at Landlord's discretiondelay.
Appears in 1 contract
PREPARATION OF THE DEMISED PREMISES. 3.01. The Demised Premises shall be completed 2.01 Tenant has examined the demised premises and prepared for Tenant's occupancy agrees to accept the same in their condition and state of repair existing as of the date hereof subject to (i) latent defects in the mannerstructure of the Building, (ii) Landlord's performance of its work obligations under this Section 2.01 and (iii) normal wear and tear and to the removal therefrom of the property of the existing tenant or occupant thereof, if any, and subject understands and agrees that Landlord shall not be required to perform any work, supply any materials or incur any expense to prepare the terms, conditions and covenants, set forth in Exhibit C. The facilities, materials, and work so to be furnished, installed, and performed in the Demised Premises by Landlord at its expense are hereinafter and in Exhibit C referred to as "Landlord's Work". Such other installations, materials, and work which may be undertaken by or for the account of Tenant to equip, decorate, and furnish the Demised Premises demised premises for Tenant's occupancy, commonly called finishing trades workexcept that Landlord, are hereinafter at Landlord's sole cost and expense, shall:
(a) provide to Tenant a reasonable number of connection points to the Building's fire safety system (not to exceed eight (8) connection points) to which it shall connect its subsystem (consisting of smoke detectors and other life safety and security devices) in Exhibit C called "Tenantthe demised premises to the Building's Finish Work."
3.02. Landlord and Tenant acknowledge that Tenant shall be obligated Class E System, as required to restore the Demised Premises by the end of the termcomply with applicable laws including, including such renewals thereto, or at any earlier expiration date. For purposes of this Lease, and specifically without limitation, New York City Local Law; provided however Tenant shall solely be responsible for purposes the cost of Article 3, Article 13 and specifically without limitation, Section 13.02, and Article 23, references to "restoration" or making such connections;
(b) demolish the demised premises in accordance with Tenants's demolition plan prior to the commencement of performance of Tenant's Work (as that term is hereinafter defined) provided that Landlord approves such demolition plan, which approval shall not be unreasonably withheld;
(c) remove asbestos in the demised premises in accordance with applicable legal requirements to facilitate Tenant's Work in and to the demised premises, except for any vinyl asbestos tile ("VAT")which shall be Tenant's obligation of Tenant "to restore"remove or encapsulate at Tenant's expense;
(d) remove all existing exterior windows in the demised premises; and supply and install new Building Standard (as defined herein) exterior windows throughout the demised premises; and
(e) deliver all existing radiators and the existing sprinkler loop within the demised premises in proper working order.
2.02 Landlord shall use all reasonable efforts to complete items (a), shall mean the demolition of all (b), (c) and (e) of Landlord's Work and Tenant's Finish Work and of all work thereafter performed by or on behalf of Tenant in connection with Tenant Changes such that the Demised Premises are delivered to Landlord in the same manner and in the same condition as existed prior to Landlord's Work or Tenant's Finish Work as June 15, 2000 and item (d) by August 1, 2000.
2.03 If the Commencement Date is other than the specific date hereinabove set forth in Exhibit C. If there are any changes to the base Building systems as a result of Landlord's Work, Tenant's Finish Work or the installation of the stairway between the 12th and 14th floor, then Tenant shall be required to restore such base Building systems to their condition prior to the performance of Landlord's Work, Tenant's Finish Work or the installation of the stairway. Landlord agrees that Tenant shall have the right, but shall be under no obligation, to request Landlord to restore the Demised Premises upon written notice to such effect given not later than sixty (60) days prior to the expiration of the term. If Tenant requests Landlord to restore the Demised Premises as aforesaid, then Tenant's restoration obligation shall be limited to payment of such demolition costs as are specific to Tenant's then constructed Demised Premises based upon the then applicable labor costs, as may be escalated, and upon the then applicable garbage hauling costs, as may be escalated, and the quantities so involved so reduced at Landlord's discretionrequest, execute a written agreement confirming the Commencement Date. Any failure of the parties to execute such written agreement shall not affect the validity of the Commencement Date as fixed and determined by Landlord as aforesaid.
Appears in 1 contract
Samples: Lease Agreement (THCG Inc)
PREPARATION OF THE DEMISED PREMISES. 3.01. The Demised Premises shall be completed 2.01 Tenant has examined the demised premises and prepared for Tenant's occupancy agrees to accept the same in their condition and state of repair existing as of the manner, and date hereof subject to the termsrepresentations and responsibilities of Landlord under this Lease and to normal wear and tear and to the removal therefrom by Landlord of the property of the existing tenant or occupant thereof, conditions and covenants, set forth in Exhibit C. The facilities, materialsif any, and work so understands and agrees that Landlord shall not be required to be furnishedperform any work, installed, and performed in supply any materials or incur any expense to prepare the Demised Premises by Landlord at its expense are hereinafter and in Exhibit C referred to as "Landlord's Work". Such other installations, materials, and work which may be undertaken by or for the account of Tenant to equip, decorate, and furnish the Demised Premises demised premises for Tenant's occupancy, commonly called finishing trades workexcept that Landlord, are hereinafter at Landlord's sole cost and in Exhibit C called "Tenantexpense, shall:
(a) provide to Tenant at least six (6) connection points to the Building's Finish Work."
3.02. Landlord and Tenant acknowledge that Tenant shall be obligated to restore the Demised Premises by the end fire safety system (at least one (1) connection point on every third (3rd) floor of the termBuilding) to which it may connect its Class E subsystem (consisting of smoke detectors and other life safety and security devices) to comply with applicable laws including, including such renewals thereto, or at any earlier expiration date. For purposes of this Lease, and specifically without limitation, for purposes of Article 3New York City Local Law, Article 13 and specifically without limitationprovided, Section 13.02, and Article 23, references to "restoration" or to the obligation of Tenant "to restore", shall mean the demolition of all of Landlord's Work and Tenant's Finish Work and of all work thereafter performed by or on behalf of Tenant in connection with Tenant Changes such that the Demised Premises are delivered to Landlord in the same manner and in the same condition as existed prior to Landlord's Work or Tenant's Finish Work as set forth in Exhibit C. If there are any changes to the base Building systems as a result of Landlord's Work, Tenant's Finish Work or the installation of the stairway between the 12th and 14th floorhowever, Tenant shall solely be required to restore responsible for the cost of making such base Building systems to their condition connections;
(b) demolish all or portions of the demised premises, including all of former tenant's wiring in the electrical closets servicing the demised premises, other than core areas therein and in accordance with Tenants's demolition plan prior to the commencement of performance of Landlord's Work, Tenant's Finish Work (as that term is hereinafter defined) provided that Landlord approves such demolition plan which approval shall not be unreasonably withheld or the installation delayed and provided further that if Landlord fails to deliver its response to such demolition plan within ten (10) Business Days of the stairway. Landlord agrees that Tenant shall have the rightreceipt thereof, but then such demolition plan shall be under deemed approved by Landlord;
(c) remove asbestos in the demised premises in accordance with applicable legal requirements to facilitate Tenant's Work in and to the demised premises, including any vinyl asbestos tile ("VAT"), and deliver to Tenant an original ACP-5 or ACP-7, as applicable, in connection therewith;
(d) remove all existing exterior windows in the demised premises; and supply and install new Building Standard (as defined herein) exterior windows throughout the demised premises by no obligation, to request Landlord to restore the Demised Premises upon written notice to such effect given not later than sixty September 1, 2000;
(60e) days prior to deliver all existing radiators within the expiration of demised premises in proper working order; and
(f) deliver the term. If Tenant requests Landlord to restore demised premises with the Demised Premises as aforesaid, then Tenant's restoration obligation shall be limited to payment of such demolition costs as are specific to Tenant's then constructed Demised Premises based upon the then applicable labor costs, as may be escalated, and upon the then applicable garbage hauling costs, as may be escalated, and the quantities so involved so reduced at Landlord's discretionexisting sprinkler loop in good working order.
Appears in 1 contract
PREPARATION OF THE DEMISED PREMISES. 3.01. The Demised Premises (a) Except as expressly provided to the contrary in this Section 3.1(a), Tenant shall accept the demised premises “as is” on the date hereof and Landlord shall not be completed and prepared required to perform any work, install any fixtures or equipment or render any services to make the Building or the demised premises ready or suitable for Tenant's occupancy ’s initial use or occupancy. Landlord shall perform the work described on Exhibit D annexed hereto (herein called “Landlord’s Work“) in the manner, manner and subject to the terms, conditions and covenants, set forth in provisions of Exhibit C. D. The facilities, materialsLandlord’s Work shall be deemed to have been substantially completed even though (i) minor details or adjustments may not then be completed, and work so (ii) items which in accordance with good construction practice should be performed after completion of Tenant’s Work may not then be completed, subject to Landlord’s obligation to complete Landlord’s Work. The taking of possession of the demised premises by Tenant for the performance of Alterations or for any other reason whatsoever (other than Customary Pre-Construction Activities) shall be furnished, installed, deemed an acceptance of the demised premises and performed in the Demised Premises substantial completion by Landlord at its expense are hereinafter and in Exhibit C referred to as "of Landlord's ’s Work". Such other installations; provided, materialshowever, and work if Tenant shall furnish Landlord with a list (herein called the “Punchlist”), within thirty (30) days after the date Tenant takes possession of the demised premises, specifying the items of Landlord’s Work which may be undertaken have not been substantially completed, then the taking of possession of the demised premises by or for the account of Tenant to equip, decorate, and furnish the Demised Premises for Tenant's occupancy, commonly called finishing trades work, are hereinafter and in Exhibit C called "Tenant's Finish Work."
3.02. Landlord and Tenant acknowledge that Tenant shall be obligated to restore the Demised Premises by the end deemed an acceptance of the termdemised premises, including such renewals theretoand substantial completion by Landlord of Landlord’s Work, except with respect to the items set forth on the Punchlist, but the giving of the Punchlist shall not affect the occurrence of the Commencement Date. Landlord shall promptly commence and complete the items set forth on the Punchlist.
(b) If Landlord fails to complete Landlord’s Work on or at before November 30, 2004, save for Force Majeure Causes, the Rent Abatement Period shall be increased by one day for each day until completion. Tenant hereby waives any earlier expiration date. For purposes right to rescind this Lease under the provisions of Section 223(a) of the Real Property Law of the State of New York, and agrees that the provisions of this Lease, and specifically without limitation, for purposes of Article 3, Article 13 and specifically without limitation, Section 13.02, and Article 23, references are intended to "restoration" or constitute “an express provision to the obligation contrary” within the meaning of said Section 223(a).
(a) Landlord shall allow Tenant "to restore"a credit in the amount of ONE MILLION THREE HUNDRED SEVENTY ONE THOUSAND FIVE HUNDRED FIFTY AND 00/100 ($1,371,550) DOLLARS (herein called the “Work Credit“), shall mean which credit may be applied against the demolition of all of Landlord's Work cost and Tenant's Finish Work and of all work thereafter performed expense incurred by or on behalf of Tenant in connection with Tenant Changes such Tenant’s initial alterations in and to the demised premises (“Tenant’s Work“) and the cost and expense of architectural, consulting, engineering fees in connection with Tenant’s Work as well as Tenant’s move into the demised premises. In the event that the Demised Premises are delivered to Landlord in costs and expenses of Tenant’s Work shall exceed the same manner and in the same condition as existed prior to Landlord's Work or Tenant's Finish Work as set forth in Exhibit C. If there are any changes to the base Building systems as a result of Landlord's Work, Tenant's Finish Work or the installation amount of the stairway between the 12th and 14th floorWork Credit, Tenant shall be entirely responsible for such excess. Any portion of the Work Credit not used for the express purposes described in the immediately preceding sentence shall be paid to Tenant within thirty (30) days following demand made at any time after Tenant has completed Tenant’s Work and begun occupying the demised premises for the conduct of its business. Landlord shall pay to Tenant installments of the Work Credit within thirty (30) days after Landlord’s receipt of a written request for disbursement together with the required accompanying documentation.
(b) The Work Credit shall be payable to Tenant in installments as Tenant’s Work progresses, but in no event more frequently than monthly. Prior to the payment of any such installment, Tenant shall deliver to Landlord a written request for disbursement which shall be accompanied by (1) invoices for the portion of Tenant’s Work or other item referenced in such requisition, (2) a certificate signed by Tenant’s architect certifying that the portion of Tenant’s Work referenced in said requisition and represented by the aforesaid invoices has been satisfactorily completed substantially in accordance with Tenant’s final plan, (3) partial lien waivers from the general contractor, performing any such work releasing Tenant for liability for the same. Reasonably promptly following the completion of Tenant’s Work, Tenant shall provide Landlord with (i) a certificate signed by Tenant’s architect certifying that Tenant’s Work has been satisfactorily completed substantially in accordance with the final plan, (ii) all Building Department sign-offs, inspection certificates and any permits required to restore such base Building systems be issued by any governmental entities having jurisdiction thereover, and (iii) a final lien waiver from the general contactor performing Tenant’s Work.
(c) At any and all times during the progress of Tenant’s Work, representatives of Landlord shall have the right of access to their condition prior the demised premises and inspection thereof at reasonable times on reasonable notice to Tenant.
(d) The Work Credit is being given for the benefit of Tenant only. No third party shall be permitted to make any claims against Landlord or Tenant with respect to any portion of the Work Credit.
(a) As part of the performance of Landlord's Tenant’s Work, Tenant's Finish Work or Tenant shall perform certain renovation work in the installation core bathrooms of the stairwaydemised premises and, in connection therewith, shall bring such core bathrooms of the demised premises into compliance with the Americans With Disabilities Act (“Tenant’s Bathroom Work”). In addition to the Work Credit, Landlord shall allow Tenant a credit of One Hundred Fifty Thousand and 00/100 ($150,000.00) DOLLARS (herein called the “Bathroom Work Credit“), which credit shall be applied solely against the cost and expense incurred by Tenant for the actual construction of Tenant’s Bathroom Work, including architectural, consulting, engineering fees, and for no other purposes. In the event that the costs and expenses of Tenant’s Bathroom Work shall exceed the amount of the Bathroom Work Credit, Tenant shall be entirely responsible for such excess. If upon completion of Tenant’s Bathroom Work, and complete payment by Tenant of all costs and expenses thereof there shall remain unused portions of the Bathroom Work Credit, then, provided Tenant is not in default under any of the terms, covenants or conditions of this Lease on the part of Tenant to be observed or performed beyond applicable grace and cure periods, the amount of such unused Bathroom Work Credit shall be applied as a rent credit against the next accruing installments of fixed annual rent payable by Tenant under this Lease. Landlord agrees that shall pay to Tenant shall have installments of the right, but shall be under no obligation, to request Landlord to restore the Demised Premises upon written notice to such effect given not later than sixty Bathroom Work Credit within thirty (6030) days prior to after Landlord’s receipt of a written request for disbursement together with the expiration of the term. If Tenant requests Landlord to restore the Demised Premises as aforesaid, then Tenant's restoration obligation shall be limited to payment of such demolition costs as are specific to Tenant's then constructed Demised Premises based upon the then applicable labor costs, as may be escalated, and upon the then applicable garbage hauling costs, as may be escalated, and the quantities so involved so reduced at Landlord's discretionrequired accompanying documentation.
Appears in 1 contract
PREPARATION OF THE DEMISED PREMISES. 3.01. The Demised Premises shall be completed and prepared for Tenant's occupancy in the manner, and subject to the terms, conditions and covenants, set forth in Exhibit C. The facilities, materials, and work so to be furnished, installed, and performed in the Demised Premises by Landlord at its expense are hereinafter and in Exhibit C referred to as "Landlord's Work". Such other installations, materials, and work which may be undertaken by or for the account of Tenant to equip, decorate, and furnish the Demised Premises for Tenant's occupancy, commonly called finishing trades work, are hereinafter and in Exhibit C called "Tenant's Finish Work."
3.02. After review and completion of the final construction drawings, but prior to commencement of the construction and/or installation of the same, Landlord and reserves the right to notify Tenant acknowledge of any restoration of non-building standard items that Tenant shall be obligated responsible for upon the termination of this Lease and Tenant may then elect not to restore have the same installed in the Demised Premises. In any event, Tenant shall prior to the termination of this Lease remove from the Demised Premises by the end all equipment in existence as of the termdate hereof comprising Tenant's Voice, Data and Security Systems, including such renewals theretoassociated outlets, wires, wiring trays and other equipment, materials and facilities, whether located in the ceiling, floor and/or walls which in any way relates, pertains to, constitutes or at any earlier expiration date. For purposes of this Lease, and specifically without limitation, for purposes of Article 3, Article 13 and specifically without limitation, Section 13.02, and Article 23, references to "restoration" or to the obligation of Tenant "to restore", shall mean the demolition of all of Landlord's Work and is connected with Tenant's Finish Work Voice, Data and/or Security Systems and regardless of all work thereafter performed by whether Landlord or on behalf Tenant installed and/or paid for the installation of Tenant in connection such systems or whether it was previously installed. Exhibit C-1 sets forth a schedule of the restoration items required under the prior leases of the Building with Tenant Changes such AT&T and Paradyne Corporation. It is expressly agreed and understood that the Demised Premises are delivered to Landlord Tenant shall not have any responsibility for restoration of the items described in the same manner and in the same condition Exhibit C-1 or any other restoration except as existed prior to Landlord's Work or Tenant's Finish Work as specifically set forth in Exhibit C. If there are any changes this Article 3 or in Article 12. Equipment already in existence as of the date hereof shall be deemed to comprise Tenant's Voice, Data and Security Systems if and only to the base Building systems as a result of Landlord's Work, Tenant's Finish Work or extent Tenant uses such equipment from and after the installation of the stairway between the 12th and 14th floor, Tenant shall be required to restore such base Building systems to their condition prior to the performance of Landlord's Work, Tenant's Finish Work or the installation of the stairway. Landlord agrees that Tenant shall have the right, but shall be under no obligation, to request Landlord to restore the Demised Premises upon written notice to such effect given not later than sixty (60) days prior to the expiration of the term. If Tenant requests Landlord to restore the Demised Premises as aforesaid, then Tenant's restoration obligation shall be limited to payment of such demolition costs as are specific to Tenant's then constructed Demised Premises based upon the then applicable labor costs, as may be escalated, and upon the then applicable garbage hauling costs, as may be escalated, and the quantities so involved so reduced at Landlord's discretiondate hereof.
Appears in 1 contract
Samples: Lease Agreement (Globespan Inc/De)
PREPARATION OF THE DEMISED PREMISES. SECTION 3.01. DEMISED PREMISES ACCEPTED "AS,IS"; TENANT WORK:
(a) The Demised Premises have been inspected by Tenant, and are accepted by Tenant under lease "AS IS". Tenant shall be responsible for any design, demolition and construction, in accordance with this Article III and Exhibits C-1 and C-2.
(b) Tenant's proposed Plans and Specifications shall be submitted to Landlord for approval. Within 15 business days following its receipt of such proposed Plans and Specifications, Landlord shall respond to Tenant by approving or requesting changes to such Plans and Specifications. Landlord's approval of such Plans and Specifications shall not be unreasonably withheld, delayed or conditioned. The completed interior design drawings, layouts and interior specifications and HVAC drawings for the preparation of the Demised Premises shall be completed annexed hereto and, as of the date of such annexation, made a part of this Lease as Exhibit [C-1] and prepared shall be referred to as the "Plans and Specifications." The Tenant Workletter, annexed hereto as Exhibit C-2, sets forth in detail the parties' understanding regarding building standards, Tenant Work and certain other aspects of Tenant Work in the Building.
(c) Construction, according to the Plans and Specifications ("Tenant Work") shall be carried out and pursued to completion with reasonable diligence by and at the expense of Tenant and with the cooperation of Landlord, upon the terms and conditions set forth below. Tenant may begin Tenant Work on the later of the date hereof and the approval by Landlord of the Plans and Specifications:
(i) Landlord has furnished Tenant with a written list of contractors which Landlord has pre-approved to perform work in the Building (the "Pre-Approved Contractors"). Prior to commencing any Tenant Work, Tenant shall furnish to Landlord a written list of contractors who are proposed to perform such work, if any, who are not Pre-Approved Contractors. All contractors (whether or not such contractors are Pre-Approved Contractors) shall be first-class union contractors and shall maintain current licenses with applicable governmental and/or other enforcement authorities. Tenant shall furnish to Landlord copies of such contractors' insurance policies (whether or not such contractors are Pre-Approved Contractors), including workers compensation, public liability and property damage, all in amounts and with companies acceptable to Landlord. Landlord shall have the right to reject any such proposed contractors who are not Pre-Approved Contractors by written notice to Tenant within ten days of Landlord's receipt of the above information.
(ii) Tenant shall promptly apply for all approvals and permits legally required in connection with the performance of Tenant Work. If necessary, Landlord shall join in the execution of the applications, and at Tenant's occupancy request, shall cooperate with the prosecution of the application. Tenant shall bear all fees, costs and expenses in connection with the mannerapplications including any legal or other expenses incurred by Landlord. Tenant shall prosecute the applications diligently and use reasonable efforts to seek the approvals and permits applied for and shall provide Landlord with copies of all permits and approvals upon receipt thereof. Tenant shall advise Landlord of its progress from time to time and upon request by Landlord.
(iii) Promptly after all requisite approvals and permits have been granted, Tenant shall commence the performance of Tenant Work and shall diligently prosecute Tenant Work to completion.
(iv) Tenant shall perform or cause to be performed all of Tenant Work in accordance with the Plans and Specifications, all requirements of regulations of any applicable public authority, and subject the terms and conditions of all insurance policies and shall do so in a good and workmanlike manner. Notwithstanding any failure by Landlord to the terms, conditions and covenants, set forth in Exhibit C. The facilities, materials, and work so object to be furnished, installed, and performed in any such Tenant Work Landlord shall have no responsibility therefor.
(v) Tenant's contractors shall have access to the Demised Premises by during Business Hours and Landlord at its expense shall provide water, heating or cooling to the extent such services are hereinafter and in Exhibit C referred being provided to as "Landlord's Work". Such other installations, materials, and work which may be undertaken by or for the account of Tenant to equip, decorate, and furnish the Demised Premises for pursuant to the terms of this Lease. Tenant's occupancy, commonly called finishing trades work, are hereinafter and in Exhibit C called "Tenant's Finish Work."
3.02. Landlord and Tenant acknowledge that Tenant shall be obligated contractors may have access to restore the Demised Premises by the end of the term, including such renewals thereto, or at any earlier expiration date. For purposes of this Leasebeyond Business Hours, and specifically without limitationwater, for purposes of Article 3, Article 13 and specifically without limitation, Section 13.02, and Article 23, references to "restoration" heating or to the obligation of Tenant "to restore", shall mean the demolition of all of Landlord's Work and cooling at Tenant's Finish Work and of all work thereafter performed by or request, if Tenant agrees to pay utility overtime charges on behalf of Tenant in connection with Tenant Changes such that the Demised Premises are delivered to Landlord in the same manner and in the same condition as existed prior to Landlord's Work or Tenant's Finish Work an hourly basis as set forth in Exhibit C. the Rules and Regulations (defined herein).
(vi) Tenant shall provide Landlord with "as built drawings" upon completion of Tenant Work.
(vii) If there are any changes governmental authority requires that a certificate of occupancy be issued with respect to the base Building systems Demised Premises as a result of Landlord's Tenant Work, Tenant's Finish Work or the installation of the stairway between the 12th and 14th floor, Tenant shall be required apply for, obtain such certificate of occupancy and provide a copy thereof to restore such base Building systems to their condition prior to the performance of Landlord's Work, Tenant's Finish Work or the installation of the stairway. Landlord agrees that Tenant shall have the right, but shall be under no obligation, to request Landlord to restore the Demised Premises upon written notice to such effect given not later than sixty (60) days prior to the expiration of the term. If Tenant requests Landlord to restore the Demised Premises as aforesaid, then Tenant's restoration obligation shall be limited to payment of such demolition costs as are specific to Tenant's then constructed Demised Premises based upon the then applicable labor costs, as may be escalated, and upon the then applicable garbage hauling costs, as may be escalated, and the quantities so involved so reduced at Landlord's discretion.
Appears in 1 contract
PREPARATION OF THE DEMISED PREMISES. 3.01. The 3.01 Landlord, at its sole cost and expense, except as otherwise provided herein, shall do that portion of the construction and other items of work in the portion of the Demised Premises shall (the "Additional Premises")set forth in the drawings and specifications designated as "Tenant's Layout", which Tenant's Layout is annexed hereto as Exhibit F and made a part hereof ("New Premises Work"). Landlord will perform such items of New Premises Work and furnish materials to carry out the improvements provided for in Tenant's Layout as herein provided. In the event that, pursuant to Tenant's request, any change(s) are requested to the drawings and specifications designated as Tenant's Layout and such change(s) would increase the net cost of and/or time to complete the New Premises Work specified therein, the cost will be completed determined by Landlord or its contractor and prepared presented in writing to Tenant for Tenant's occupancy in the manner, and subject reasonable approval prior to the terms, conditions and covenants, set forth in Exhibit C. The facilities, materials, and work so to commencement of any such change(s). If Tenant approves the additional cost (which such approval shall be furnished, installed, and performed in the Demised Premises deemed given if no approval or disapproval is received by Landlord at its expense are hereinafter and in Exhibit C referred within five (5) days after delivery to as "Landlord's Work". Such other installations, materials, and work which may be undertaken by or for the account of Tenant to equip, decorate, and furnish the Demised Premises for Tenant's occupancy, commonly called finishing trades work, are hereinafter and in Exhibit C called "Tenant's Finish Work."
3.02. Landlord and Tenant acknowledge that Tenant shall be obligated to restore the Demised Premises by the end of the term, including such renewals thereto, or at any earlier expiration date. For purposes of this Lease, and specifically without limitation, for purposes of Article 3, Article 13 and specifically without limitation, Section 13.02, and Article 23, references to "restoration" or to the obligation of Tenant "to restore", shall mean the demolition of all of Landlord's Work written determination of the cost of the applicable change), Landlord will perform the changes and Tenant's Finish Work and of all work thereafter performed by or on behalf of Tenant in connection with Tenant Changes such that shall pay the Demised Premises are delivered additional cost, if any, to Landlord in the same manner and in the same condition upon receipt of an invoice therefor, as existed prior to Landlord's Work or Tenant's Finish Work as set forth in Exhibit C. If there are any changes to the base Building systems as a result of Landlord's Work, Tenant's Finish Work or the installation of the stairway between the 12th and 14th floor, Tenant shall be required to restore such base Building systems to their condition prior to the performance of Landlord's Work, Tenant's Finish Work or the installation of the stairway. Landlord agrees that Tenant shall have the right, but shall be under no obligation, to request Landlord to restore the Demised Premises upon written notice to such effect given not later than sixty (60) days prior to the expiration of the termadditional rent hereunder. If Tenant requests disapproves the additional cost, Landlord to restore shall continue the Demised Premises as aforesaid, then Tenant's restoration obligation shall be limited to payment of such demolition costs as are specific to Tenant's then constructed Demised Premises based upon the then applicable labor costs, as may be escalated, and upon the then applicable garbage hauling costs, as may be escalated, and the quantities so involved so reduced at Landlord's discretion.New Premises
Appears in 1 contract
Samples: Lease (Novadigm Inc)
PREPARATION OF THE DEMISED PREMISES. 3.01. The Demised Premises shall be completed 2.01 Tenant has examined the demised premises and prepared for Tenant's occupancy agrees to accept the same in their condition and state of repair existing as of the mannerdate hereof subject to normal wear and tear and to the removal therefrom of the property of the existing tenant or occupant thereof, if any, and subject understands and agrees that Landlord shall not be required to perform any work, supply any materials or incur any expense to prepare the terms, conditions and covenants, set forth in Exhibit C. The facilities, materials, and work so to be furnished, installed, and performed in the Demised Premises by Landlord at its expense are hereinafter and in Exhibit C referred to as "Landlord's Work". Such other installations, materials, and work which may be undertaken by or for the account of Tenant to equip, decorate, and furnish the Demised Premises demised premises for Tenant's occupancy, commonly called finishing trades workexcept that Landlord, are hereinafter at Landlord's sole cost and expense, shall:
(a) demolish the demised premises other than core areas therein and remove asbestos in Exhibit C called "the demised premises in accordance with applicable legal requirements to facilitate Tenant's Finish Work.Work in and to the demised premises, except for any vinyl asbestos tile ("
3.02. Landlord and Tenant acknowledge that Tenant VAT") which shall be obligated Tenant's obligation to restore remove or encapsulate at Tenant's expense, and, following receipt from Tenant of Tenant's plans and specifications showing the Demised Premises by proposed Tenant's Work, deliver to Tenant an original ACP-5 or ACP-7 form, as applicable, in connection therewith;
(b) provide a reasonable number of connection points to the end of Building life safety system for Tenant to connect its devices in the termdemised premises, including provided that the cost for such renewals theretoconnection shall be at Tenant's expense; and
(c) remove all existing exterior windows in the demised premises; and supply and install new Building Standard (as defined herein) exterior windows throughout the demised premises; and
(d) deliver all existing radiators within the demised premises in working order.
2.02 Landlord shall use all reasonable efforts to complete items (a), or at any earlier expiration date. For purposes of this Lease(b), and specifically without limitation, for purposes of Article 3, Article 13 and specifically without limitation, Section 13.02, and Article 23, references to "restoration" or to the obligation of Tenant "to restore", shall mean the demolition of all (d) of Landlord's Work prior to May 1, 2000 and item (c) by June 30, 2000.
2.03 If the Commencement Date is other than the specific date hereinabove set forth then Tenant shall at Landlord's request, execute a written agreement confirming the Commencement Date. Any failure of the parties to execute such written agreement shall not affect the validity of the Commencement Date as fixed and determined by Landlord as aforesaid.
(a) Tenant agrees that part of the twenty-first (21st) floor of the demised premises (the "21st Floor") is currently occupied and that Tenant shall occupy ("Pre-Work 21st Floor") the balance of the twenty-first (21st) floor while Tenant's Finish Work is being performed in the balance of the demised premises. Tenant agrees that the term of this lease shall commence on the date hereof notwithstanding Landlord's inability to deliver to Tenant on the Commencement Date vacant possession of the entire 21st Floor. Except as otherwise expressly set forth in this lease, Tenant shall have no claim against Landlord, and Landlord shall have no liability to Tenant, by reason of all work thereafter performed the delivery of possession of any portion of the 21st Floor to Tenant after the Commencement Date. The parties hereto further agree that the failure to have the entire 21st Floor available for occupancy by or Tenant on behalf the Commencement Date shall in no way affect the obligations of Tenant in connection with Tenant Changes such that the Demised Premises are delivered to Landlord in hereunder except as hereinafter expressly set forth, nor shall the same manner be construed in any way to extend the term of this lease. Landlord shall use reasonable efforts to obtain and in deliver possession of the same condition as existed prior 21st Floor to Tenant, including commencement of summary proceedings against the tenant(s) currently occupying the 21st Floor and holding-over under expired leases. In the event Landlord fails to deliver any portion of the 21st Floor to Tenant on the Commencement Date, Landlord shall not be required to perform any of Landlord's Work or on the 21st Floor until the entire 21st Floor is vacant and has been delivered to Tenant and the fixed annual rent for that portion of the 21st Floor not so delivered to Tenant shall abate for xxxxx (3) months following delivery of the respective portion(s) of the 21st Floor not initially delivered to Tenant's Finish Work as set forth ; provided, however, in Exhibit C. If there are no event shall Tenant be required to any changes fixed annual rent on any portion of the 21st Floor prior to the base Building systems as date provided under Section 1.05 (a) above. The amount of such abatement shall be the product of (i) the rentable square feet of the 21st Floor not delivered to Tenant, multiplied by (ii) the rate per rentable square foot of fixed annual rent then payable for the remainder of the demised premises, calculated on a result per diem basis.
(b) As provided in Section 2.04 (a) above, Landlord and Tenant agree that there shall be no fixed annual rent payable with respect to any portion of the twenty-first (21st) floor until three (3) months after the date such portion of the twenty-first (21st) floor shall be delivered to Tenant vacant with the item of Landlord's Work, Tenant's Finish Work or the installation of the stairway between the 12th and 14th floor, Tenant shall be required to restore such base Building systems to their condition prior to the performance of Landlord's Work, Tenant's Finish Work or the installation of the stairway. Landlord agrees specified in Section 2.01(a) completed; provided that Tenant shall have vacate the right, but Pre-Work 21st Floor within twenty (20) days after Landlord's notice to vacate same so that Landlord can perform Landlord's Work therein. Any fixed annual rent payable with respect to any such portion of the twenty-first (21st) floor shall be under no obligation, abated during the period Tenant is required to request vacate same for Landlord to restore perform Landlord's Work and for the Demised Premises upon written notice to three (3) month period after the completion of same and the delivery of such effect given not later than sixty (60) days prior to the expiration portion of the termtwenty-first (21st) floor to Tenant in the condition herein provided. If In the event Tenant requests Landlord fails to restore vacate the Demised Premises Pre-Work 21st Floor as aforesaidprovided in this Section 2.04(b), then Tenant's restoration obligation shall be limited any abatement applicable to payment of such demolition costs as are specific to Tenant's then constructed Demised Premises based upon the then applicable labor costs, as may fixed annual rent for that portion of the Pre-Work 21st Floor shall be escalated, and upon reduced for each day after twenty (20) days Tenant shall not vacate the then applicable garbage hauling costs, as may be escalated, and the quantities so involved so reduced at Landlord's discretionPre-Work 21st Floor.
Appears in 1 contract
Samples: Lease Agreement (Innovo Group Inc)
PREPARATION OF THE DEMISED PREMISES. Section 3.01. Demised Premises Accepted "AS IS"; Tenant Work:
(a) The Demised Premises have been inspected by Tenant, and are accepted by Tenant under lease "AS IS". Tenant shall be responsible for any design, demolition and construction, in accordance with this Article III and Exhibits C-1 and C-2.
(b) Tenant's proposed Plans and Specifications shall be submitted to Landlord for approval. Within 15 business days following its receipt of such proposed Plans and Specifications, Landlord shall respond to Tenant by approving or requesting changes to such Plans and Specifications. Landlord's approval of such Plans and Specifications shall not be unreasonably withheld, delayed or conditioned. The completed interior design drawings, layouts and interior specifications and HVAC drawings for the preparation of the Demised Premises shall be completed annexed hereto and, as of the date of such annexation, made a part of this Lease as Exhibit [C-1] and prepared shall be referred to as the "Plans and Specifications." The Tenant Workletter, annexed hereto as Exhibit C-2, sets forth in detail the parties' understanding regarding building standards, Tenant Work and certain other aspects of Tenant Work in the Building.
(c) Construction, according to the Plans and Specifications ("Tenant Work") shall be carried out and pursued to completion with reasonable diligence by and at the expense of Tenant and with the cooperation of Landlord, upon the terms and conditions set forth below. Tenant may begin Tenant Work on the later of the date hereof and the approval by Landlord of the Plans and Specifications:
(i) Landlord has furnished Tenant with a written list of contractors which Landlord has pre-approved to perform work in the Building (the "Pre-Approved Contractors"). Prior to commencing any Tenant Work, Tenant shall furnish to Landlord a written list of contractors who are proposed to perform such work, if any, who are not Pre-Approved Contractors. All contractors (whether or not such contractors are Pre-Approved Contractors) shall be first-class union contractors and shall maintain current licenses with applicable governmental and/or other enforcement authorities. Tenant shall furnish to Landlord copies of such contractors' insurance policies (whether or not such contractors are Pre-Approved Contractors), including workers compensation, public liability and property damage, all in amounts and with companies acceptable to Landlord. Landlord shall have the right to reject any such proposed contractors who are not Pre-Approved Contractors by written notice to Tenant within ten days of Landlord's receipt of the above information.
(ii) Tenant shall promptly apply for all approvals and permits legally required in connection with the performance of Tenant Work. If necessary, Landlord shall join in the execution of the applications, and at Tenant's occupancy request, shall cooperate with the prosecution of the application. Tenant shall bear all fees, costs and expenses in connection with the mannerapplications including any legal or other expenses incurred by Landlord. Tenant shall prosecute the applications diligently and use reasonable efforts to seek the approvals and permits applied for and shall provide Landlord with copies of all permits and approvals upon receipt thereof. Tenant shall advise Landlord of its progress from time to time and upon request by Landlord.
(iii) Promptly after all requisite approvals and permits have been granted, Tenant shall commence the performance of Tenant Work and shall diligently prosecute Tenant Work to completion.
(iv) Tenant shall perform or cause to be performed all of Tenant Work in accordance with the Plans and Specifications, all requirements of regulations of any applicable public authority, and subject the terms and conditions of all insurance policies and shall do so in a good and workmanlike manner. Notwithstanding any failure by Landlord to the terms, conditions and covenants, set forth in Exhibit C. The facilities, materials, and work so object to be furnished, installed, and performed in any such Tenant Work Landlord shall have no responsibility therefor.
(v) Tenant's contractors shall have access to the Demised Premises by during Business Hours and Landlord at its expense shall provide water, heating or cooling to the extent such services are hereinafter and in Exhibit C referred being provided to as "Landlord's Work". Such other installations, materials, and work which may be undertaken by or for the account of Tenant to equip, decorate, and furnish the Demised Premises for pursuant to the terms of this Lease. Tenant's occupancy, commonly called finishing trades work, are hereinafter and in Exhibit C called "Tenant's Finish Work."
3.02. Landlord and Tenant acknowledge that Tenant shall be obligated contractors may have access to restore the Demised Premises by the end of the term, including such renewals thereto, or at any earlier expiration date. For purposes of this Leasebeyond Business Hours, and specifically without limitationwater, for purposes of Article 3, Article 13 and specifically without limitation, Section 13.02, and Article 23, references to "restoration" heating or to the obligation of Tenant "to restore", shall mean the demolition of all of Landlord's Work and cooling at Tenant's Finish Work and of all work thereafter performed by or request, if Tenant agrees to pay utility overtime charges on behalf of Tenant in connection with Tenant Changes such that the Demised Premises are delivered to Landlord in the same manner and in the same condition as existed prior to Landlord's Work or Tenant's Finish Work an hourly basis as set forth in Exhibit C. the Rules and Regulations (defined herein).
(vi) Tenant shall provide Landlord with "as built drawings" upon completion of Tenant Work.
(vii) If there are any changes governmental authority requires that a certificate of occupancy be issued with respect to the base Building systems Demised Premises as a result of Landlord's Tenant Work, Tenant's Finish Work or the installation of the stairway between the 12th and 14th floor, Tenant shall be required apply for, obtain such certificate of occupancy and provide a copy thereof to restore such base Building systems to their condition prior to the performance of Landlord's Work, Tenant's Finish Work or the installation of the stairway. Landlord agrees that Tenant shall have the right, but shall be under no obligation, to request Landlord to restore the Demised Premises upon written notice to such effect given not later than sixty (60) days prior to the expiration of the term. If Tenant requests Landlord to restore the Demised Premises as aforesaid, then Tenant's restoration obligation shall be limited to payment of such demolition costs as are specific to Tenant's then constructed Demised Premises based upon the then applicable labor costs, as may be escalated, and upon the then applicable garbage hauling costs, as may be escalated, and the quantities so involved so reduced at Landlord's discretion.
Appears in 1 contract
Samples: Lease (Genta Incorporated /De/)
PREPARATION OF THE DEMISED PREMISES. 3.01. The Demised Premises (a) Except as expressly provided to the contrary in this Section 3.1(a), Tenant shall accept the demised premises “as is” on the Commencement Date and Landlord shall not thereafter be completed and prepared required to perform any work, install any fixtures or equipment or render any services to make the Building or the demised premises ready or suitable for Tenant's occupancy ’s use or occupancy. Landlord shall perform the work described on Exhibit B annexed hereto (herein called “Landlord’s Work”) in the manner, manner and subject to the terms, conditions and covenants, set forth in provisions of Exhibit C. B. The facilities, materialsLandlord’s Work shall be deemed to have been substantially completed even though (i) minor details or adjustments may not then be completed, and work so (ii) items which in accordance with good construction practice should be performed after completion of Tenant’s Work may not then be completed, subject to Landlord’s obligation to complete Landlord’s Work. The taking of possession of the demised premises by Tenant for the performance of Alterations or for any other reason whatsoever (other than Customary Pre-Construction Activities) shall be furnished, installed, deemed an acceptance of the demised premises and performed in the Demised Premises substantial completion by Landlord at its expense are hereinafter and in Exhibit C referred to as "of Landlord's ’s Work". Such other installations; provided, materialshowever, and work if Tenant shall furnish Landlord with a list (herein called the “Punchlist”), within thirty (30) days after the date Tenant takes possession of the demised premises, specifying the items of Landlord’s Work which may be undertaken have not been substantially completed, then the taking of possession of the demised premises by or for the account of Tenant to equip, decorate, and furnish the Demised Premises for Tenant's occupancy, commonly called finishing trades work, are hereinafter and in Exhibit C called "Tenant's Finish Work."
3.02. Landlord and Tenant acknowledge that Tenant shall be obligated to restore the Demised Premises by the end deemed an acceptance of the term, including such renewals thereto, or at any earlier expiration date. For purposes of this Leasedemised premises, and specifically without limitationsubstantial completion by Landlord of Landlord’s Work, for purposes of Article 3, Article 13 and specifically without limitation, Section 13.02, and Article 23, references to "restoration" or except with respect to the obligation of Tenant "to restore", shall mean the demolition of all of Landlord's Work and Tenant's Finish Work and of all work thereafter performed by or on behalf of Tenant in connection with Tenant Changes such that the Demised Premises are delivered to Landlord in the same manner and in the same condition as existed prior to Landlord's Work or Tenant's Finish Work as items set forth in Exhibit C. If there are any changes to on the base Building systems as a result of Landlord's WorkPunchlist, Tenant's Finish Work or but the installation giving of the stairway between Punchlist shall not affect the 12th and 14th floor, Tenant shall be required to restore such base Building systems to their condition prior to the performance of Landlord's Work, Tenant's Finish Work or the installation occurrence of the stairwayCommencement Date. Landlord agrees that Tenant shall have promptly commence and complete the right, but shall be under no obligation, to request Landlord to restore items set forth on the Demised Premises upon written notice to such effect given not later than sixty (60) days prior to the expiration of the term. If Tenant requests Landlord to restore the Demised Premises as aforesaid, then Tenant's restoration obligation shall be limited to payment of such demolition costs as are specific to Tenant's then constructed Demised Premises based upon the then applicable labor costs, as may be escalated, and upon the then applicable garbage hauling costs, as may be escalated, and the quantities so involved so reduced at Landlord's discretionPunchlist.
Appears in 1 contract
Samples: Lease Agreement (Blackrock Inc /Ny)
PREPARATION OF THE DEMISED PREMISES. 3.01. The 4.01 Tenant has fully inspected the Demised Premises and is satisfied with the condition thereof and agrees to accept possession of the Demised Premises in their “as is” condition. Tenant acknowledges that neither Landlord nor any of its agents or employees have agreed to undertake any alterations or construct any Tenant improvements or Landlord’s work in or to the Demised Premises. Notwithstanding the foregoing Landlord agrees, at its cost and expense, to perform and substantially complete the following work (“Landlord’s Building Work”) in the Building on or before the Commencement Date, but in no event later than five (5) months after the Commencement Date. Tenant acknowledges and agrees that the substantial completion of Landlord’s Building Work is not a condition for the Commencement Date. In the event Landlord’s Building Work is not substantially complete on or before the date that is one hundred fifty (150) days after the Commencement Date, Tenant shall be entitled to an abatement of the Fixed Rent, in an amount equal to one (1) day of Fixed Rent for each day of such delay beginning on the one hundred fifty-first (151st) day and ending on the date that Landlord’s Building Work is substantially completed. Notwithstanding anything to the contrary contained herein, Tenant shall have access to the common area bathrooms on the first (1st) floor of the Building as of the Commencement Date. All of Landlord’s Building Work shall be completed in a good and prepared for Tenant's occupancy in the workmanlike manner, using materials which are Building standard quality and subject to grade. Landlord’s Building Work shall be as follows: Landlord shall upgrade both the termsexisting men’s women’s bathrooms located on the on the first floor of the Building by installing new floor tiles, conditions wall tiles, mirrors, sink fixtures and covenants, set forth in Exhibit C. The facilities, materials, and work so to be furnished, installed, and performed in the Demised Premises by Landlord at its expense are hereinafter and in Exhibit C referred to as "Landlord's Work"countertops. Such other Any installations, materials, and materials or work which may be undertaken by or for the account of Tenant to equip, decorate, and decorate or furnish the Demised Premises for Tenant's occupancy, commonly called finishing trades work, are ’s occupancy (hereinafter and in Exhibit C called "referred to as “Tenant's Finish ’s Work."
3.02. Landlord and Tenant acknowledge that Tenant ”) shall be obligated to restore performed by Tenant, at its sole cost and expense, in accordance with all the Demised Premises by the end of the termterms, including such renewals thereto, or at any earlier expiration date. For purposes covenants and conditions of this Lease, and specifically including without limitation, for purposes of Article 3, Article Articles 13 and specifically without limitation14 hereof, Section 13.02as if such Tenant’s Work was a “Tenant’s Change” as defined in Article 13. Landlord’s Work shall be deemed substantially complete notwithstanding the fact that minor or insubstantial details of construction, and Article 23mechanical adjustment, references to "restoration" or decoration remain to the obligation performed, the noncompletion of which does not materially interfere with Tenant’s use of the Demised Premises.
4.02 If and when Tenant "to restore", shall mean the demolition take actual possession of all of Landlord's Work and Tenant's Finish Work and of all work thereafter performed by or on behalf of Tenant in connection with Tenant Changes such that the Demised Premises are delivered to Landlord in prepare the same manner and in for Tenant’s occupancy, it shall be conclusively presumed that the same were in satisfactory condition (except for latent defects) as existed prior to Landlord's Work or Tenant's Finish Work as set forth in Exhibit C. If there are any changes to the base Building systems as a result of Landlord's Work, Tenant's Finish Work or the installation of the stairway between date of such taking of possession, unless within thirty (30) days after the 12th and 14th floor, Commencement Date Tenant shall be required to restore such base Building systems to their condition prior to give Landlord notice specifying the performance of Landlord's Work, Tenant's Finish Work or the installation of the stairway. Landlord agrees that Tenant shall have the right, but shall be under no obligation, to request Landlord to restore respects in which the Demised Premises upon written notice to such effect given were not later than sixty (60) days prior to the expiration of the term. If Tenant requests Landlord to restore the Demised Premises as aforesaid, then Tenant's restoration obligation shall be limited to payment of such demolition costs as are specific to Tenant's then constructed Demised Premises based upon the then applicable labor costs, as may be escalated, and upon the then applicable garbage hauling costs, as may be escalated, and the quantities so involved so reduced at Landlord's discretionin satisfactory condition.
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Samples: Lease (Boomerang Systems, Inc.)
PREPARATION OF THE DEMISED PREMISES. 3.01. The Demised Premises shall be completed and prepared for Tenant's ’s occupancy in the manner, and subject to the terms, conditions and covenants, set forth in Exhibit C. The facilities, materials, and work so to be furnished, installed, and performed in the Demised Premises by Landlord at its expense (other than the portions of Landlord’s Work to be performed within the Demised Premises) are hereinafter and in Exhibit C referred to as "Landlord's “Tenant’s Work"”. Such other installations, materials, and work which may be undertaken by or for the account of Tenant (i.e., which are performed by contractors retained by Tenant and excluded from Tenant’s Work) to equip, decorate, and furnish the Demised Premises for Tenant's ’s occupancy, commonly called finishing trades work, are hereinafter and in Exhibit C called "“Tenant's ’s Finish Work."
3.02”. Landlord and Tenant acknowledge that Tenant shall not be obligated to restore responsible for any restoration of the Demised Premises by upon the end of the term, including such renewals thereto, expiration or at any earlier expiration date. For purposes termination of this Lease, and specifically without limitation, for purposes of Article 3, Article 13 and specifically without limitation, Section 13.02, and Article 23, references to "restoration" or to the obligation of except that Tenant "to restore", shall mean the demolition of all of Landlord's Work and Tenant's Finish Work and of all work thereafter performed by or on behalf of Tenant in connection with Tenant Changes such that remove from the Demised Premises are delivered to Landlord (a) all equipment comprising Tenant’s Voice, Data and Security Systems, including associated outlets, wires, wiring trays and other equipment, materials and facilities, whether located in the same manner ceiling, floor and/or walls, which in any way relates, pertains to, constitutes or is connected with Tenant’s Voice, Data and/or Security Systems and in the same condition as existed prior to Landlord's Work regardless of whether Landlord or Tenant's Finish Work as set forth in Exhibit C. If there are any changes to the base Building systems as a result of Landlord's Work, Tenant's Finish Work or Tenant installed and/or paid for the installation of such systems; provided, however, that Tenant shall not be responsible for any damage to ceiling tiles or the stairway between ceiling grid in performing such removal; and (b) all supplemental HVAC and supplemental electrical installations made pursuant to this Lease or which were made pursuant to the 12th and 14th floorExisting Lease.
3.02. Upon the expiration or earlier termination of this Lease, Tenant shall be required to restore such base Building systems to their condition prior to also remove the performance of Landlord's Workbuilding exterior, Tenant's Finish Work or the installation roof and site items described on Schedule 3.02, attached hereto that exist as of the stairway. Landlord agrees that Tenant shall have the right, but shall be under no obligation, to request Landlord to restore the Demised Premises upon written notice to such effect given not later than sixty (60) days prior to the expiration date of the term. If Tenant requests Landlord to restore the Demised Premises as aforesaid, then Tenant's restoration obligation shall be limited to payment of such demolition costs as are specific to Tenant's then constructed Demised Premises based upon the then applicable labor costs, as may be escalated, and upon the then applicable garbage hauling costs, as may be escalated, and the quantities so involved so reduced at Landlord's discretionthis Lease.
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PREPARATION OF THE DEMISED PREMISES. 3.01. The (a) Tenant acknowledges that it has made a full and complete inspection of the Demised Premises shall be completed and prepared for Tenant's occupancy in the mannerPremises, and subject Tenant agrees to accept same on the termsCommencement Date in their present "as-is" condition, conditions and covenants, set forth in Exhibit C. The facilities, materials, and work so to be furnished, installed, and performed in except for the Demised Premises performance by Landlord at its expense are hereinafter and of the work specified in Exhibit C referred to as Section 4.02, hereof ("Landlord's Work"). Such other installationsTenant acknowledges that neither Landlord, materialsnor Landlord's agent, has made any representations or promises in regard to the Demised Premises, except as otherwise provided in this lease.
(a) Landlord, at Landlord's sole cost and work which may be undertaken by or for the account expense, shall:
i. demolish portions of Tenant to equip, decorate, and furnish the Demised Premises for other than core areas therein but including bathrooms. Such demolition shall be in accordance with Tenant's occupancy, commonly called finishing trades work, are hereinafter and in Exhibit C called "demolition plan (which shall be subject to Landlord's reasonable approval). Tenant shall deliver to Landlord Tenant's Finish Work."
3.02demolition plan no later than April 1, 2000, failing which Landlord shall demolish the Demised Premises. If Tenant shall fail to deliver such a demolition plan to Landlord prior to April 1, 2000, then Landlord shall demolish the Demised Premises in accordance with Landlord's standard practice for demolition of leaseable space. Landlord and Tenant acknowledge agree that Tenant in no event shall Landlord be obligated to restore penetrate and remove asbestos from more than five (5) columns within the Demised Premises;
ii. remove asbestos in the Demised Premises in accordance with applicable legal requirements to facilitate Tenant's Work in and to the Demised Premises, and deliver to Tenant three (3) original ACP-5 forms in connection therewith;
iii. remove all existing exterior windows in the Demised Premises; and supply and install new Building Standard (as defined herein) exterior windows throughout the Demised Premises prior to August 1, 2000;
iv. deliver all existing radiators within the Demised Premises in good working order and replace any radiators determined by Landlord to be missing prior to June 1, 2000; and
v. slab over the end penetration on the fourteenth (14th) floor of the term, including such renewals thereto, or at any earlier expiration date. For purposes of this Lease, and specifically without limitation, for purposes of Article 3, Article 13 and specifically without limitation, Section 13.02, and Article 23, references to "restoration" or to 500 Building after the obligation of Tenant "to restore", existing convenience stairway therein is demolished.
(b) Landlord agrees that is shall mean substantially complete the demolition of all items of Landlord's Work specified in Subsections 4.02(a)(i) and Tenant's Finish Work and (ii) hereof (the "Asbestos Removal") within the presently vacant portion of all work thereafter performed by or on behalf of Tenant in connection with Tenant Changes such that the Demised Premises are delivered (the "Non-Occupied Space") on or before the date (the "AR Date") which shall be the later to occur of May 1, 2000 or such date as Tenant shall submit to Landlord the Initial Plan (as that term is hereinafter defined).
(c) If Landlord shall not have substantially completed any item of Landlord's Work in the same manner Non-Occupied Space on the express date set forth in this Section 4.02 for the completion of such items, then the fixed rent and additional rent payable for any portion of the Unoccupied Space in which an item of Landlord's Work is not substantially completed on the same condition date specified therefor shall be abated until the date such item of work is substantially completed. Notwithstanding any language to the contrary contained in this Lease, the completion date specified for any item of Landlord's Work shall be extended by one day for each day that Landlord is prevented from performing or completing such work by reason of a Tenant Delay. A "Tenant Delay" shall mean: (a) delays in submitting the Initial Plan with respect to Tenant's Work, or in approving any drawings or specifications, giving authorizations or supplying information; or (b) additional time needed by Landlord, as existed prior a result of Tenant requesting Landlord to make a change or addition to Landlord's Work or Tenant's Finish Work as set forth change in Exhibit C. If there are any changes to the base Building systems as a result of Landlord's Work, Tenant's Finish Work or the installation of the stairway between the 12th and 14th floor, Tenant shall be required to restore such base Building systems to their condition prior to the performance of Landlord's Work, Tenant's Finish Work or the installation of the stairway. Landlord agrees that Tenant shall have the right, but shall be under no obligation, to request Landlord to restore the Demised Premises upon written notice to such effect given not later than sixty (60) days prior to the expiration of the term. If Tenant requests Landlord to restore the Demised Premises as aforesaid, then Tenant's restoration obligation shall be limited to payment of such demolition costs as are specific to Tenant's then constructed Demised Premises based upon the then applicable labor costs, as may be escalated, and upon the then applicable garbage hauling costs, as may be escalated, and the quantities so involved so reduced at Landlord's discretionInitial Plan.
Appears in 1 contract
Samples: Lease Agreement (Ivillage Inc)
PREPARATION OF THE DEMISED PREMISES. 3.01. The 3.01 Tenant has examined the Demised Premises and agrees to accept possession of the Demised Premises in its present "as is" condition, reasonable wear and tear excepted, and, except as otherwise required in this Lease, Landlord shall not be completed and prepared for Tenant's occupancy in the manner, and subject required to the terms, conditions and covenants, set forth in Exhibit C. The facilities, materials, and perform any work so to be furnished, installed, and performed in the Demised Premises in order to make same ready for occupancy by Tenant. Notwithstanding the foregoing, Landlord at its expense are shall repaint and recarpet the Demised Premises (except that that portion of the Demised Premises to be used as a computer room by Tenant (as shown on the floor plans annexed hereto as Exhibit A) shall be equipped with a tile floor rather than carpeting) with Landlord's building standard colors and materials (to be selected by the Tenant); re-adhere the laminate in the kitchen area of the Demised Premises; paint the spline in the "bridge" area of the Demised Premises (with a building standard color to be selected by Tenant); remove existing telephone boxes (and thereafter patch walls where made necessary thereby); and install a supplemental HVAC unit sufficient to heat, cool and ventilate Tenant's computer room, provided that such unit is a standard mechanical unit, and further provided that the cost of installing said unit shall not exceed $4,000.00 (such work being hereinafter and in Exhibit C referred to collectively as "Landlord's Work". Such other installations, materials, and work which may be undertaken by or for ).
3.02 Landlord's agreement to do the account of Tenant to equip, decorate, and furnish Landlord's Work in the Demised Premises shall not require it to incur overtime costs and expenses and shall be subject to unavoidable delays due to acts of God, governmental restrictions, strikes, labor disturbances, shortage of materials and supplies and for any other causes or events beyond Landlord's reasonable control.
3.03 Landlord may afford Tenant and its employees, agents and contractors access to the Demised Premises, at reasonable times prior to the Commencement Date and at Tenant's sole risk and expense, for the purposes of making preparations for Tenant's occupancy, commonly called finishing trades work, are hereinafter and in Exhibit C called ". Access for such purposes shall not be deemed to constitute possession or occupancy accelerating the Commencement Date or Tenant's Finish Work."
3.02. Landlord and Tenant acknowledge that Tenant shall be obligated obligation to restore the Demised Premises by the end of the term, including such renewals thereto, or at any earlier expiration date. For purposes of pay fixed rent under this Lease, and specifically without limitation, for purposes .
3.04 If Tenant employs or uses any contractor or subcontractor other than Landlord in the performance of Article 3, Article 13 and specifically without limitation, Section 13.02, and Article 23, references to "restoration" or to the obligation of Tenant "to restore", shall mean the demolition of all of Landlord's Work and Tenant's Finish Work and of all any work thereafter performed by or on behalf of Tenant in connection with Tenant Changes such that the Demised Premises are delivered to Landlord in the same manner and in the same condition as existed prior to Landlord's Work or Tenant's Finish Work as initial occupancy, all of Tenant's duties and obligations set forth in Exhibit C. If there are any changes to the base Building systems as a result of Landlord's Work, Tenant's Finish Work or the installation of the stairway between the 12th Sections 14.05 and 14th floor, Tenant shall be required to restore such base Building systems to their condition prior to the performance of Landlord's Work, Tenant's Finish Work or the installation of the stairway. Landlord agrees that Tenant shall have the right, but shall be under no obligation, to request Landlord to restore the Demised Premises upon written notice to such effect given not later than sixty 14.06 (60) days prior to the expiration of the term. If Tenant requests Landlord to restore the Demised Premises as aforesaid, then Tenant's restoration obligation shall be limited to payment of such demolition costs as are specific relating to Tenant's then constructed duties and obligations in making alterations) shall be applicable to and binding upon Tenant with respect to any such work.
3.05 To the extent not currently in the Demised Premises based upon Premises, Tenant, at its expense, shall, within thirty (30) days after the then applicable labor costsCommencement Date, install drapes or vertical blinds, as may be escalatedapproved by Landlord, and upon the then applicable garbage hauling costs, as may be escalated, and the quantities so involved so reduced at on all windows. Such Landlord's discretionapproval shall not be unreasonably withheld, provided such drapes or blinds shall be a solid, light color or have a solid light color lining facing the exterior of the Building. Tenant agrees that no other type of window covering will be used.
Appears in 1 contract
Samples: Lease (At Plan Inc)
PREPARATION OF THE DEMISED PREMISES. 3.01. The Demised Premises (a) Except as specifically provided in this Section 3 Tenant agrees to accept the demised premises in their condition and state of repair existing as of the date hereof subject to normal wear and tear and to the removal therefrom of the property, if any, of the existing tenant or occupant thereof and understands and agrees that Landlord shall not be completed and prepared required to perform any work, supply any materials or incur any expense to prepare the demised premises for --- Tenant's occupancy occupancy.
(b) Landlord agrees that (i) Landlord will demolish the existing tenant improvements in the mannerdemised premises, supply Tenant with an ACP-5 form and subject remove asbestos-containing materials ("ACM") therein, as required in order for Tenant to the termsperform work therein in accordance with Tenant's approved final plans and specifications, conditions in compliance with Local Laws #76/1985 and covenants, set forth in Exhibit C. The facilities, materials, any other applicable laws and work so legal requirements relating to be furnished, installed, asbestos (such demolition and performed in the Demised Premises by Landlord at its expense are asbestos removal is hereinafter and in Exhibit C referred to as called "Landlord's Work". Such ) and (ii) Landlord will also perform the following work in the demised premises (other installations, materials, and than work which may be undertaken affected by or for the account of Tenant to equip, decorate, and furnish the Demised Premises for Tenant's occupancywork or alterations) to comply with the Americans with Disabilities Act: modifications of the core bathrooms and entrances, commonly called finishing trades workinstallation of strobe panels, are strobe lights in the core (including core bathrooms), elevator buttons, core door hardware, warden station relocation and alarm pull box (such compliance is hereinafter and in Exhibit C called "TenantLandlord's Finish ADA Work."
3.02). Landlord and Tenant acknowledge that Tenant shall be obligated responsible for all other work as may be necessary to restore comply with the Demised Premises by the end of the term, including such renewals thereto, or at any earlier expiration date. For purposes of this Lease, and specifically without limitation, for purposes of Article 3, Article 13 and specifically without limitation, Section 13.02, and Article 23, references to "restoration" or to the obligation of Tenant "to restore", shall mean the demolition of all of Americans with Disabilities Act not included in Landlord's ADA Work.
(c) Landlord agrees that it will commence performing Landlord's ADA Work in the demised premises as soon as reasonably possible and such work shall be coordinated and completed with Tenant's Finish Work performance of alterations and of all work thereafter performed by or on behalf of Tenant in connection with Tenant Changes such that the Demised Premises are delivered to Landlord installations in the same manner and in demised premises.
(d) Following the same condition as existed prior to Landlord's Work or Tenant's Finish Work as set forth in Exhibit C. If there are any changes to the base Building systems as a result completion of Landlord's Work, Tenant's Finish Work or the installation Landlord and Tenant shall perform a walk through of the stairway between the 12th demised premises and 14th floorfollowing such walk through Landlord shall, Tenant shall be required to restore such base Building systems to their condition prior to the performance of Landlord's Workwhere necessary, Tenant's Finish Work clean or the installation repair damaged convector units and convector covers, repair any damaged window caulking or millions and Landlord shall, where necessary, replace damaged convector grills.
(e) Landlord has no knowledge of the stairway. Landlord agrees that Tenant shall have existence of any hazardous waste, toxic waste or pollutants in the right, but shall be under no obligation, to request Landlord to restore the Demised Premises upon written notice to such effect given not later than sixty (60) days prior to the expiration of the term. If Tenant requests Landlord to restore the Demised Premises as aforesaid, then Tenant's restoration obligation shall be limited to payment of such demolition costs as are specific to Tenant's then constructed Demised Premises based upon the then applicable labor costs, as may be escalated, and upon the then applicable garbage hauling costs, as may be escalated, and the quantities so involved so reduced at Landlord's discretionBuilding.
Appears in 1 contract
PREPARATION OF THE DEMISED PREMISES. 3.012.01. The Demised Premises shall be completed Tenant acknowledges that Tenant has inspected the demised premises, is fully familiar with the condition thereof and prepared for Tenant's occupancy in accepts the manner, and subject to the terms, conditions and covenants, set forth in Exhibit C. The facilities, materials, and work so to be furnished, installed, and performed in the Demised Premises by Landlord at its expense are hereinafter and in Exhibit C referred to demised premises absolutely "as "Landlord's Workis". Such other installations, materials, and Landlord is to perform no work which may be undertaken by or for in readying the account of Tenant to equip, decorate, and furnish the Demised Premises demised premises for Tenant's occupancy.
2.02. Tenant hereby covenants and agrees that Tenant will, commonly called finishing trades workat Tenant's own cost and expense, and in a good and workmanlike manner, make and complete the work and installations in and to the demised premises set forth below in such manner so that the demised premises will be tasteful and dignified executive and general offices and a trading floor.
2.03. Tenant, at Tenant's expense, has prepared a final set of plans and specifications (which said final plan or final set of plans, as the case may be, and specifications are hereinafter called the "final plan") for the construction and finishing of the demised premises. Tenant's plans have been approved by Landlord.
2.04. In accordance with the final plan, Tenant, at Tenant's expense, will make and complete in Exhibit C and to the demised premises (hereinafter sometimes called the "Work Area") the work and installations (hereinafter called "Tenant's Finish Work."
3.02) specified in the final plan. Landlord Tenant agrees that Tenant's Work will be performed with the least possible disturbance to the occupants of other parts of the Building and to the structural and mechanical parts of the Building and Tenant acknowledge that will, at its own cost and expense leave all structural and mechanical parts of the Building which shall or may be affected by Tenant's Work in good and workmanlike operating condition. Tenant, in performing Tenant's Work will, at its own cost and expense, promptly comply with all laws, rules and regulations of all public authorities having jurisdiction in the Building with reference to Tenant's Work. Tenant shall not do or fail to do any act which shall or may render the Building of which the demised premises are a part, liable to any mechanic's lien or other lien and if any such lien or liens be obligated filed against the Building of which the demised premises are a part, or against Tenant's Work, or any part thereof, Tenant will, at Tenant's own cost and expense, promptly remove the same of record by bonding or otherwise within thirty (30) days after notice to restore the Demised Premises by the end Tenant of the termfiling of such lien or liens; or in default thereof, including Landlord may cause any such renewals theretolien or liens to be removed of record by payment of bond or otherwise, as Landlord may elect, and Tenant will reimburse Landlord for all costs and expenses incidental to the removal of any such lien or liens incurred by Landlord. Tenant shall indemnify and save harmless Landlord of and from all claims, counsel fees, loss, damage and expenses whatsoever by reason of any liens, charges or payments of any kind whatsoever that may be incurred or become chargeable against Landlord or the Building of which the demised premises are a part, or at Tenant's Work or any earlier expiration date. For purposes part thereof, by reason of this Lease, and specifically without limitation, for purposes of Article 3, Article 13 and specifically without limitation, Section 13.02, and Article 23, references to "restoration" any work done or to be done or materials furnished or to be furnished to or upon the obligation of Tenant "to restore", shall mean the demolition of all of Landlord's Work and Tenant's Finish Work and of all work thereafter performed by or on behalf of Tenant demised premises in connection with Tenant's Work. Tenant Changes such that the Demised Premises are delivered hereby covenants and agrees to indemnify and save harmless Landlord in the same manner of and in the same condition as existed from all claims, counsel fees, loss, damage and expenses whatsoever by reason of any injury or damage, howsoever caused, to any person or property occurring prior to Landlordthe completion of Tenant's Work or Tenant's Finish Work as set forth in Exhibit C. If there are any changes to the base Building systems occurring after such completion, as a result of Landlordanything done or omitted in connection therewith or arising out of any fine, penalty or imposition or out of any other matter or thing connected with any work done or to be done or materials furnished or to be furnished in connection with Tenant's Work. At any and all times during the progress of Tenant's Work, Landlord shall be entitled to have a representative or representatives on the site to inspect Tenant's Finish Work and such representative or the installation representatives shall have free and unrestricted access to any and every part of the stairway between the 12th and 14th floor, demised premises. Tenant shall be required advise Landlord in writing of Tenant's general contractor and subcontractors who are to restore such base Building systems to their condition prior to the performance of Landlorddo Tenant's Work, and such general contractor and subcontractors shall be chosen by Tenant from the Approved Contractors List annexed hereto as Schedule C. All such contractors shall, to the extent permitted by law, use employees for Tenant's Finish Work or who will work harmoniously with other employees on the installation job. Tenant has requested and Landlord has approved the inclusion in Schedule C of the stairwayXxxx Xxxxxx & Son, Inc. as a general contractor. Landlord agrees that If hereafter Tenant shall have the right, but shall be under no obligation, to request Landlord to restore the Demised Premises upon written notice to such effect given not later than sixty (60) days prior Landlord's approval to the expiration of the term. If Tenant requests Landlord to restore the Demised Premises as aforesaid, then Tenant's restoration obligation shall be limited to payment replacement of such demolition costs as are specific to Tenant's then constructed Demised Premises based upon contractor with the then applicable labor costs, as may be escalated, and upon the then applicable garbage hauling costs, as may be escalated, and the quantities so involved so reduced at Landlord's discretion.firm of X.X.
Appears in 1 contract
PREPARATION OF THE DEMISED PREMISES. 3.013.01 Tenant acknowledges that it has made a full and complete inspection of the Demised Premises, and Tenant agrees to accept same on the Commencement Date in its then “as-is” condition, except as otherwise set forth herein. The Tenant acknowledges that neither Landlord, nor Landlord’s agent, has made any representations or promises in regard to the Demised Premises Premises, except as provided in this lease, and neither Landlord nor Landlord’s agent shall be completed and prepared for Tenant's occupancy in the mannerrequired to perform any work to prepare, and subject to the terms, conditions and covenants, set forth in Exhibit C. The facilities, materials, and work so to be furnished, installed, and performed in alter or improve the Demised Premises by Landlord at its expense are hereinafter and in for Tenant’s use, except for Landlord’s Work (“Landlord’s Work”) as set forth on Exhibit C referred to as "Landlord's Work". B. Such other installations, materials, materials and work which may be required to be undertaken by or for the account of Tenant to equip, decorate, decorate and furnish the Demised Premises for Tenant's occupancy, commonly called finishing trades work, ’s occupancy are hereinafter referred to as “Tenant’s Work” and in Exhibit C called "Tenant's Finish Work."
3.02. Landlord and Tenant acknowledge that Tenant shall be obligated performed by Tenant at Tenant’s expense subject to restore the terms and provisions of this lease promptly after the Commencement Date has occurred. Tenant covenants and agrees that Tenant’s Work shall result in a first class retail store on a par with other Burberry stores. Tenant is familiar with the condition of the Demised Premises by the end and agrees to accept possession of the termDemised Premises on the Commencement Date in its then “as is” condition, including such renewals thereto, or at any earlier expiration date. For purposes subject to Landlord’s Work being substantially completed in accordance with the terms of this Lease, lease.
3.02 Landlord’s Work shall be performed at Landlord’s sole cost and specifically without limitation, for purposes of Article 3, Article 13 and specifically without limitation, Section 13.02, and Article 23, references to "restoration" or expense in compliance with all applicable laws. Notwithstanding anything contained in this lease to the obligation contrary, Landlord’s Work shall be warranted to be free of Tenant "to restore", shall mean defects in material and workmanship for a period of one (1) year after the demolition of all of Landlord's Work and Tenant's Finish Work and of all work thereafter performed by or on behalf of Tenant in connection with Tenant Changes such date that the Demised Premises are delivered to ready for occupancy and Landlord in the same manner and in the same condition as existed prior to Landlord's Work or Tenant's Finish Work as set forth in Exhibit C. If there are any changes to the base Building systems as a result has tendered possession of Landlord's Work, Tenant's Finish Work or the installation of the stairway between the 12th and 14th floor, Tenant shall be required to restore such base Building systems to their condition prior to the performance of Landlord's Work, Tenant's Finish Work or the installation of the stairway. Landlord agrees that Tenant shall have the right, but shall be under no obligation, to request Landlord to restore the Demised Premises upon written notice to such effect given not later than sixty (60) days prior to the expiration of the term. If Tenant requests Landlord to restore the Demised Premises as aforesaid, then Tenant's restoration obligation shall be limited to payment of such demolition costs as are specific to Tenant's then constructed Demised Premises based upon the then applicable labor costs, as may be escalated, and upon the then applicable garbage hauling costs, as may be escalated, and the quantities so involved so reduced at Landlord's discretion.
Appears in 1 contract
Samples: Lease (American Realty Capital New York Recovery Reit Inc)
