Preparation of the Leased Premises. 5.1 The Landlord shall perform, at the Landlord’s sole cost and expense, the Landlord’s Work. Otherwise, the Tenant shall accept the Leased Premises on the Commencement Date in its then “AS IS” condition. The Landlord’s Work shall mean, using Building Standard materials and methods, (a) re-painting the existing painted walls in the Leased Premises, (b) commercially shampooing the existing carpeted floors in the Leased Premises, (c) installing a new glass entry door, and (d) installing new building standard window shades. The Tenant shall select the single color of the paint to be applied as part of the Landlord’s Work from the Landlord’s samples within fourteen (14) days after the later to occur of (i) the execution and delivery to the Landlord of this Agreement by the Tenant, and (ii) the execution and delivery to the Tenant of this Agreement by the Landlord. The design and construction of any alterations, improvements or other modifications to the Leased Premises in addition to the Landlord’s Work made at the request of the Tenant shall be at the sole cost and expense of the Tenant. The Tenant shall pay such additional design and construction costs to the Landlord within thirty (30) days after the invoicing therefor.
5.5 The Tenant, using its own contractors, desires to install telecommunications and data wiring and cabling, and furniture, fixtures and equipment in the Leased Premises prior to the Substantial Completion Date. The Landlord shall give to the Tenant at least fourteen (14) days’ advance notice of the Landlord’s projected date of the Substantial Completion Date granting access to the Leased Premises to the Tenant and its contractors to perform such installations. The Tenant and its contractors may have access to the Leased Premises prior to the Substantial Completion Date to perform such installations provided that the Tenant (i) complies with its obligations under section 12 and 14 of this Agreement, and (ii) hereby acknowledges that such access and installation may cause Tenant Delay.
5.6 The Tenant shall timely comply on a continuing basis with each of its obligations under sections 12 and 14 of this Agreement in advance of, and while, any of its employees, contractors or other agents are present in the Building or on the Property performing any alterations, improvements or other modifications in or other preparation of the Leased Premises.
Preparation of the Leased Premises. 5.1 Tenant shall be permitted to use all the existing furniture and possessions in the Leased Premises without charge. The use is without any warranty including, without limitation, any warranty of fitness for use or quality.
5.2 The Landlord shall deliver actual and exclusive possession of the Leased Premises to the Tenant in an AS-IS condition, free of rubbish and debris.
Preparation of the Leased Premises. (A) The Lessor shall provide and install in the Leased Premises, those items, if any, as shall be specified in Exhibit C ("Work Letter") attached hereto and made a part hereof.
(B) The Lessee may require and specify additional leasehold improvements for the Leased Premises in addition to or in excess of the "building standard." Any such improvement so designated shall be done by and for the specific account of the Lessee unless otherwise provided for in the "Work Letter." The authorization by the Lessee to do the work shall be specified by the attached "Work Letter" or by additional supplement to the Work Letter to describe the complete scope of improvements.
(C) The Lessor's agreement to do the work in the Leased Premises as set forth in the "Work Letter" 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, shortages of materials and supplies and for any other causes or events beyond Lessor's reasonable control. Lessor has made, and makes, no representation as to the date when the Leased Premises will be ready for Lessee's occupancy. In the event that Lessor is unable to substantially complete the work specified in Exhibit C so as to allow Lessee to have commercially reasonable use of the Leased Premises on or before October 1, 1998, Lessor shall at no cost to Lessee, make available space in Suite 130 in its "as is" condition until the Leased Premises are substantially completed.
Preparation of the Leased Premises. 5.1. The Landlord shall give notice to the Tenant of the Landlord's price to the Tenant to supply or perform, or both, the work contemplated by the Tenant Plan being provided by the Landlord or the Landlord's contractors. Such price shall include 15% of the Landlord's contractors' aggregate price as the Landlord's general contracting fee and shall be net of any credit for work being provided by the Landlord without charge to the Tenant in accordance with the Work Letter. If acceptable to the Tenant, the Tenant shall sign a copy of the notice and return it to the Landlord, together with payment of 33-1/3% of such price,
Preparation of the Leased Premises. The Landlord shall deliver actual and exclusive possession of the Leased Premises to the Tenant in an "AS-IS" condition, free of rubbish and debris.
Preparation of the Leased Premises. Landlord shall have no obligation to perform or complete the work required for preparation of the Leased Premises for Tenant's occupancy. Tenant shall complete the work for preparation of the Leased Premises. Such cost shall include any and all costs to access the common areas in a manner suitable for marketing the balance of the available space on the second of the Building. Tenant may use the remaining tenant improvement funds. The total remaining funds available to Tenant for preparation of the Leased Premises as defined in the Ninth Amendment to Lease equals Zero Dollars ($0.00).
4. This Eleventh Amendment is subject to Mortgagee's approval. Landlord shall use reasonable efforts to obtain Mortgagee's approval hereof as soon as possible, and in any event within thirty (30) days, after the
Preparation of the Leased Premises. Landlord shall build out and prepare the Leased Premises in accordance with the terms and conditions of any fully executed work letter attached to and made a part of this Lease as Exhibit C (the "Work Letter"). If no fully executed Work Letter is attached, no build-out is required.
Preparation of the Leased Premises. The Landlord shall repaint the Leased Premises, where needed, and shall improve the lighting in the core middle section in accordance with the sketch and specifications initialed and exchanged by the parties. Landlord shall also permit Tenant to install new carpeting, at its expense. Landlord shall otherwise deliver actual and exclusive possession of the Leased Premises to the Tenant in an "AS-IS" condition, free of rubbish and debris.
Preparation of the Leased Premises. The Landlord shall deliver actual and exclusive possession of the Leased Premises to the Tenant in an AS-IS condition.
Preparation of the Leased Premises. Landlord shall use reasonable efforts and proceed with reasonable dili gence to prepare the Leased Premises for Tenant in accordance with the Work Agreement attached hereto and made a part hereof as Exhibit C (the "Work ---- Agreement"). Tenant may inspect the Leased Premises at reasonable times, as long --------- as such inspections do not interfere with Landlord's construction activi ties. Tenant shall not exercise any control over the persons performing con struction activities on the Leased Premises. To the extent this paragraph conflicts with the Work Agreement, the Work Agreement shall control. During any such inspections, Tenant and any of its representatives shall abide by any safety and other rules established by Landlord or its contractor. No inspections may be made without advance notice to Landlord or at a time when a representative of the Landlord or contractor is not present. Tenant shall indemnify and hold Landlord harmless from and against any injury, death or property damage resulting from an inspection by Tenant.
