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.
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Samples: Lease Agreement (LianBio), Lease Agreement (LianBio)
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, which shall be with all Building Systems in proper working order and the Leased Premises and Building in material compliance with all applicable laws. Landlord shall cause all warranties of the general contractor and other contractors and suppliers performing the work for Tenant’s Buildout to extend to Tenant and to be for not less than one year after the Commencement Date.
5.2 The timely preparation of the Tenant Plan through architects and engineers, licensed in New Jersey, selected by the Tenant shall be the Tenant’s obligation and expense. The Tenant Plan shall be prepared consistently with the Building plans and specifications and the Landlord’s Work tenant fitout and alteration guidelines in effect. The Tenant shall meandeliver the complete Tenant Plan to the Landlord not later than the Tenant Plan Due Date. During the twenty (20) days immediately succeeding the submission of the complete Tenant Plan to the Landlord, using the Tenant Plan shall be subject to the Landlord’s and its engineers’ reasonable review, comment, consultation and objection with respect to any lack of consistency with the Building Standard materials plans and methodsspecifications or the Landlord’s tenant fitout and alteration guidelines then in effect, (a) re-painting any structural changes to, or any changes in the existing painted walls in exterior of, the Building or any portion thereof required thereby, any changes to Systems required thereby, any interface or connection with Systems or any adverse effect upon the functional utility or rental value of the Leased Premises. If the Landlord timely and otherwise properly objects to the Tenant Plan by notice to the Tenant setting forth therein with particularity any of the specified reasons in reasonable detail, the Tenant shall have its architects and engineers revise the Tenant Plan and deliver the revised complete Tenant Plan to the Landlord within ten (b10) commercially shampooing days of the existing carpeted floors in Landlord’s giving timely notice of its objection to the Leased PremisesTenant. In addition, the Tenant shall revise and deliver a revised complete Tenant Plan to the Landlord within ten (c10) installing a new glass entry door, and (d) installing new building standard window shadesdays of the Landlord's giving notice to the Tenant of the Municipality’s objections to the Tenant Plan. The Tenant shall select the single color colors of the paint to be applied and the flooring to be installed as part of the LandlordTenant’s Work Buildout from the Landlord’s samples within fourteen by the Tenant Plan Due Date. Notwithstanding anything contained in this subsection 5.2 to the contrary, the Landlord's review and approval of the Tenant Plan and consent to perform work described therein, shall be for the sole purpose set forth above and shall not imply the Landlord's review of the same, or obligate the Landlord to review the same, for quality, design sufficiency, completeness, compliance with applicable governmental laws, rules, regulations and building codes or any requirements of insurers of the Building and the other requirements of this Agreement with respect to the Tenant’s insurance obligations (14herein called “Insurance Requirements”) days nor deemed a waiver of the Tenant’s obligations under this Agreement with respect to applicable governmental laws, rules, regulations and building codes and Insurance Requirements. Accordingly, notwithstanding that any Tenant Plan is reviewed by the Landlord or its space planner, architect, engineers and consultants, and notwithstanding any advice or assistance which may be rendered to the Tenant by the Landlord or the Landlord's space planner, architect, engineers, and consultants, the Landlord shall have no liability whatsoever in connection therewith and shall not be responsible for any omissions or errors contained in the Tenant Plan.
5.3 As soon as practicable after the later to occur of (i) the execution and delivery to receipt by the Landlord of this Agreement the final Tenant Plan, the Landlord shall solicit bids using an “open book” bidding process for the construction of the work called for by the Tenant Plan from at least three general contractors. The Landlord and the Tenant shall promptly review the bids after receipt. Following bid review and qualification for the Tenant’s Buildout, the Landlord and (ii) the execution Tenant shall promptly select in a writing the best qualified and delivery quantified general contractor; but if the Landlord and the Tenant are unable to agree upon the selection of the best qualified and quantified general contractor by the end of the bid review and qualification period for the Tenant’s Buildout, the selection of the best qualified and quantified general contractor to be awarded the contract for the Tenant’s Buildout shall be made by the Landlord acting in good faith in its sole, reasonable
5.4 The Landlord shall give notice to the Tenant of this Agreement by the Landlord’s price to the Tenant to perform the Tenant’s Buildout utilizing the general contractor selected in accordance with subsection 5.3 of this Agreement. The Landlord’s price shall include three and one-half (3½%) percent of the Landlord’s general contractor’s aggregate price (which shall include additional costs of any change orders) for the Tenant’s Buildout as the Landlord’s design review supervision fee and five (5%) percent of the Landlord’s general contractor’s aggregate price (which shall include additional costs of any change orders requested by Tenant) for the Tenant’s Buildout as the Landlord’s construction supervision fee. The Landlord shall pay the cost of the design and construction of the Tenant’s Buildout up to the maximum amount of $890,015.00 (the “Landlord’s Contribution”). The Tenant shall pay the cost of the design and construction of the Tenant’s Buildout in excess of the Landlord’s Contribution and of any alterations, improvements or other modifications to the Leased Premises in addition to the LandlordTenant’s Work Buildout 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 price to the Landlord within thirty (30) days after in proportion to the progress of such work, as and when billed by the Landlord at intervals, corresponding to the invoicing thereforby the Landlord’s general contractor, with payment of any remaining final balance due from the Tenant upon substantial completion of such work.
5.5 The TenantLandlord shall obtain and make arrangements for all necessary construction permits for the alterations, using its own contractors, desires to install telecommunications improvement and data wiring and cabling, and furniture, fixtures and equipment other modifications set forth in the Leased Premises prior Tenant Plan to be performed by the Substantial Completion DateLandlord. The Landlord shall give cause its selected general contractor to construct the Tenant’s Buildout in a good and workmanlike manner and in accordance with the Tenant Plan and in compliance with all applicable laws, rules, regulations, codes and ordinances, including, but not limited to, the Americans with Disabilities Act (“ADA”). The construction of any changes to the Tenant at least fourteen (14) days’ advance notice of Plan made by the Landlord’s projected date of the Substantial Completion Date granting access Tenant shall be an additional expense 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 DelayTenant.
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 is present in the Building or on the Property performing any alterations, improvements or other modifications in the work called for by the Tenant Plan or other preparation of the Leased Premises.
5.7 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 thirty (30) days’ advance notice of the Landlord’s projected date of such Substantial Completion and upon receipt of such notice the Tenant and its contractors shall be granted access to the Leased Premises 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 (i) the Tenant complies with its obligations under section 12 and 14 of this Agreement, and (ii) the Tenant hereby acknowledges that such access and installation may cause Tenant Delay. Notwithstanding the foregoing, any telecommunications and data wiring and cabling in the Leased Premises existing prior to Tenant’s entry shall be removed by Landlord, at Landlord’s sole cost and expense.
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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, which shall be with all Building Systems in proper working order and the Leased Premises and Building in material compliance with all applicable laws. Landlord shall cause all warranties of the general contractor and other contractors and suppliers performing the work for Xxxxxx’s Buildout to extend to Tenant and to be for not less than one year after the Commencement Date.
5.2 The timely preparation of the Tenant Plan through architects and engineers, licensed in New Jersey, selected by the Tenant shall be the Tenant’s obligation and expense. The Tenant Plan shall be prepared consistently with the Building plans and specifications and the Landlord’s Work tenant fitout and alteration guidelines in effect. The Tenant shall meandeliver the complete Tenant Plan to the Landlord not later than the Tenant Plan Due Date. During the twenty (20) days immediately succeeding the submission of the complete Tenant Plan to the Landlord, using the Tenant Plan shall be subject to the Landlord’s and its engineers’ reasonable review, comment, consultation and objection with respect to any lack of consistency with the Building Standard materials plans and methodsspecifications or the Landlord’s tenant fitout and alteration guidelines then in effect, (a) re-painting any structural changes to, or any changes in the existing painted walls in exterior of, the Building or any portion thereof required thereby, any changes to Systems required thereby, any interface or connection with Systems or any adverse effect upon the functional utility or rental value of the Leased Premises. If the Landlord timely and otherwise properly objects to the Tenant Plan by notice to the Tenant setting forth therein with particularity any of the specified reasons in reasonable detail, the Tenant shall have its architects and engineers revise the Tenant Plan and deliver the revised complete Tenant Plan to the Landlord within ten (b10) commercially shampooing days of the existing carpeted floors in Landlord’s giving timely notice of its objection to the Leased PremisesTenant. In addition, the Tenant shall revise and deliver a revised complete Tenant Plan to the Landlord within ten (c10) installing a new glass entry door, and (d) installing new building standard window shadesdays of the Landlord’s giving notice to the Tenant of the Municipality’s objections to the Tenant Plan. The Tenant shall select the single color colors of the paint to be applied and the flooring to be installed as part of the LandlordTenant’s Work Buildout from the Landlord’s samples within fourteen by the Tenant Plan Due Date. Notwithstanding anything contained in this subsection 5.2 to the contrary, the Landlord’s review and approval of the Tenant Plan and consent to perform work described therein, shall be for the sole purpose set forth above and shall not imply the Landlord’s review of the same, or obligate the Landlord to review the same, for quality, design sufficiency, completeness, compliance with applicable governmental laws, rules, regulations and building codes or any requirements of insurers of the Building and the other requirements of this Agreement with respect to the Tenant’s insurance obligations (14herein called “Insurance Requirements”) days nor deemed a waiver of the Tenant’s obligations under this Agreement with respect to applicable governmental laws, rules, regulations and building codes and Insurance Requirements. Accordingly, notwithstanding that any Tenant Plan is reviewed by the Landlord or its space planner, architect, engineers and consultants, and notwithstanding any advice or assistance which may be rendered to the Tenant by the Landlord or the Landlord’s space planner, architect, engineers, and consultants, the Landlord shall have no liability whatsoever in connection therewith and shall not be responsible for any omissions or errors contained in the Tenant Plan.
5.3 As soon as practicable after the later to occur of (i) the execution and delivery to receipt by the Landlord of this Agreement the final Tenant Plan, the Landlord shall solicit bids using an “open book” bidding process for the construction of the work called for by the Tenant Plan from at least three general contractors. The Landlord and the Tenant shall promptly review the bids after receipt. Following bid review and qualification for the Tenant’s Buildout, the Landlord and (ii) the execution Tenant shall promptly select in a writing the best qualified and delivery quantified general contractor; but if the Landlord and the Tenant are unable to agree upon the selection of the best qualified and quantified general contractor by the end of the bid review and qualification period for the Tenant’s Buildout, the selection of the best qualified and quantified general contractor to be awarded the contract for the Tenant’s Buildout shall be made by the Landlord acting in good faith in its sole, reasonable discretion.
5.4 The Landlord shall give notice to the Tenant of this Agreement by the Landlord’s price to the Tenant to perform the Tenant’s Buildout utilizing the general contractor selected in accordance with subsection 5.3 of this Agreement. The Landlord’s price shall include [***] percent of the Landlord’s general contractor’s aggregate price (which shall include additional costs of any change orders) for the Tenant’s Buildout as the Landlord’s design review supervision fee and [***] percent of the Landlord’s general contractor’s aggregate price (which shall include additional costs of any change orders requested by Tenant) for the Tenant’s Buildout as the Xxxxxxxx’s construction supervision fee. The Landlord shall pay the cost of the design and construction of the Tenant’s Buildout up to the maximum amount of $[***] (the “Landlord’s Contribution”). The Tenant shall pay the cost of the design and construction of the Tenant’s Buildout in excess of the Landlord’s Contribution and of any alterations, improvements or other modifications to the Leased Premises in addition to the LandlordTenant’s Work Buildout 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 price to the Landlord within thirty (30) days after in proportion to the progress of such work, as and when billed by the Landlord at intervals, corresponding to the invoicing thereforby the Landlord’s general contractor, with payment of any remaining final balance due from the Tenant upon substantial completion of such work.
5.5 The TenantLandlord shall obtain and make arrangements for all necessary construction permits for the alterations, using its own contractors, desires to install telecommunications improvement and data wiring and cabling, and furniture, fixtures and equipment other modifications set forth in the Leased Premises prior Tenant Plan to be performed by the Substantial Completion DateLandlord. The Landlord shall give cause its selected general contractor to construct the Tenant’s Buildout in a good and workmanlike manner and in accordance with the Tenant Plan and in compliance with all applicable laws, rules, regulations, codes and ordinances, including, but not limited to, the Americans with Disabilities Act (“ADA”). The construction of any changes to the Tenant at least fourteen (14) days’ advance notice of Plan made by the Landlord’s projected date of the Substantial Completion Date granting access Tenant shall be an additional expense 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 DelayTenant.
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 is present in the Building or on the Property performing any alterations, improvements or other modifications in the work called for by the Tenant Plan or other preparation of the Leased Premises.
5.7 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 thirty (30) days’ advance notice of the Landlord’s projected date of such Substantial Completion and upon receipt of such notice the Tenant and its contractors shall be granted access to the Leased Premises 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 (i) the Tenant complies with its obligations under section 12 and 14 of this Agreement, and (ii) the Tenant hereby acknowledges that such access and installation may cause Tenant Delay. Notwithstanding the foregoing, any telecommunications and data wiring and cabling in the Leased Premises existing prior to Tenant’s entry shall be removed by Landlord, at Landlord’s sole cost and expense.
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Preparation of the Leased Premises. 5.1 The 5.1. Landlord shall perform, at (i) provide a turnkey installation to build out the Landlord’s sole cost Leased Premises in accordance with the Tenant Plan and expense, (ii) perform the other work and installations required by the provisions of subsection 5.4 of this Agreement (“Landlord’s Work”). OtherwiseThe Tenant Plan has been prepared by an architect selected by Tenant. Landlord’s work shall not include any furniture installations or any specialized installations such as computer, data and telephone lines. On or before August 17, 2009, the Landlord shall give notice to the Tenant shall accept of the price to build out the Leased Premises on in accordance with the Tenant Plan (the “Price”). The general contractor shall be Bridge Street Realty Associates, L.P., an affiliate of Landlord. The Price shall include a general contracting fee which shall be the cost of the work plus ten percent (10%) overhead and five percent (5%) construction services fee. If the Price exceeds the Allowance, Tenant shall pay Landlord the excess over the Allowance in proportion to the progress of the work, as and when billed by the Landlord at convenient intervals, with payment of any remaining final balance due from the Tenant prior to the Commencement Date in its then “AS IS” conditionDate.
5.2. The Landlord’s Work In developing the Price, Landlord 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 cause (i) three bids to be received from the execution carpentry, plumbing, flooring and delivery to painting subcontractors, if available, and Landlord will accept the Landlord of this Agreement by the Tenantlow, responsible bid in each case, and (ii) two bids to be received from the execution HVAC and delivery electrical subcontractors and Landlord will accept the low, responsible bid in each case.
5.3. Landlord shall provide an allowance of $1,575,000 for the construction specified in the Tenant Plan and for the other purposes specified below (the “Allowance”). To the extent that the Price is less than the Allowance, Tenant may utilize the balance of the Allowance for all hard and soft costs of Tenant related to the project and other costs which Tenant incurs including, without limitation, (i) the costs incurred for architects and engineers, or (ii) moving costs (the “Project Costs”). If the Price plus the Project Costs is less than the Allowance then the Tenant may make a written election either (i) to apply the balance to Rent payments as they fall due; or (ii) to utilize the balance for other Tenant improvements over the first sixty-seven (67) months of this Agreement by the LandlordInitial Term. The design and construction Landlord will pay from the allowance of any alterations$1,575,000 all invoices, improvements which invoices shall first be approved by Tenant or other modifications to CB Xxxxxxx Xxxxx, Inc. (the Leased Premises in addition to “Project Management Representative”). All invoices approved by Tenant or the Landlord’s Work made at the request of the Tenant Project Management Representative shall be at the sole cost and expense of the Tenant. The Tenant shall pay such additional design and construction costs to the Landlord paid within thirty (30) days after of receipt thereof with the invoicing thereforapproval thereon of Tenant or the Project Management Representative. The failure to approve an invoice within fifteen (15) days shall conclusively be deemed an approval.
5.5 The Tenant, using its own contractors, desires 5.4. In addition to install telecommunications and data wiring and cabling, and furniture, fixtures and equipment in the work required to build out the Leased Premises in accordance with the Tenant Plan, Landlord, at its expense, shall (i) install an insulated demising wall (floor to slab) to separate the Third Floor Premises from the balance of the third floor of the Building; (ii) install and maintain a new energy management system for the Third Floor Premises based on the Novar Controls Building Automation System which will provide Tenant with the ability to regulate, control and monitor the HVAC system serving the Third Floor Premises during and after Regular Business Hours; (iii) install, for Tenant’s sole use, a 500 kw generator at the loading dock area which will feed a 600 amp transfer switch located in the First Floor Premises and provide the secured conduit and wiring to distribute the power to an electric room in the Third Floor Premises housing, among other things, three (3) 200 amp panels; (iv) complete Building Lobby renovations; and (v) renovate all the bathrooms on the first and third floors of the Building, including those in the Common Areas and the Leased Premises of the Building; all in a first class manor reflecting a first class office building. In addition, if Tenant elects to have Landlord install a generator larger than 500 kw, Tenant must advise Landlord of its election on or before August 1, 2009. In such event, and provided that such installation is approved by the authorities having jurisdiction, Landlord will install such larger generator and Tenant shall pay to Landlord the costs over and above those costs to purchase and install the 500 kw generator which Landlord was to purchase and install at its sole cost and expense. Landlord shall promptly supply to Tenant an estimate of the pricing differential to supply and install the larger generator included in the Tenant Plan compared to the cost of supplying and installing a 500kw generator, which shall not exceed $200,000.
5.5. Landlord shall cause substantial completion of the Leased Premises to occur on or before December 6, 2009 (the “Target Completion Date”). If Landlord fails to do so then it shall reimburse Tenant for any holdover penalty which Tenant incurs in its present leased premises at 000 Xxxxx Xxxxx, Xxxxxxxxxx, Xxx Xxxxxx which shall be the difference between the holdover rent actually charged by the landlord and the basic rent which was due under that lease prior to the Substantial holdover (the “550 Damages”). Except as otherwise provided in this Agreement, the Target Completion Date shall be extended for this purpose if Tenant causes any delay in the completion of Landlord’s Work. The Target Completion Date also shall be extended if completion is delayed for any reason outside the control of the Landlord, or its agents, employees or contractors including, without limitation, those causes specified in subsection 28.2 of this Agreement. In addition, the Commencement Date shall be advanced by one (1) day for each day that (i) this Agreement is signed and delivered after August 15, 2009. Notwithstanding the foregoing provisions, the completion of the installation of the generator shall not delay the Commencement Date. The Landlord shall give use commercially reasonable efforts to supply and install 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 Delaygenerator as soon as possible.
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.
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Preparation of the Leased Premises. 5.1 The Landlord shall perform[This subsection intentionally left blank.]
5.2 [This subsection intentionally left blank.]
5.3 If, at or prior to the Landlord’s sole cost execution and expense, the Landlord’s Work. Otherwisedelivery of this Agreement, the Tenant shall accept not have requested the Leased Premises on Landlord in writing to provide the Commencement Tenant Plan, the Tenant shall deliver the complete Tenant Plan as it pertains to repainting and recarpeting to the Landlord not later than the Tenant Plan Due 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 complete Tenant Plan as it pertains to other work to the Leased Premises, (b) commercially shampooing Landlord at the existing carpeted floors in the Leased Premises, (c) installing a new glass entry door, and (d) installing new building standard window shadesTenant's convenience. The Tenant Plan shall select be the single color Tenant's expense.
5.4 Within three days after receipt of each of the paint to be applied as part Tenant Plans contemplated by subsection 5.3 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 this Agreement, the Landlord of this Agreement by the Tenant, and (ii) the execution and delivery shall give notice* to the Tenant of this Agreement the Landlord's price to the Tenant to supply or perform, or both, the work contemplated by the respective Tenant Plan being provided by the Landlord or the Landlord's contractors. The design Such price shall include 15% of the Landlord's contractors' aggregate price as the Landlord's general contracting fee and construction shall be net of any alterations, improvements or other modifications credit for work being provided by the Landlord without charge to the Leased Premises Tenant in addition accordance with subsection 44.1 of this Agreement. If acceptable to the Tenant, the Tenant shall sign a copy of the notice and return it to the Landlord’s Work made , together with payment of 33-1/3% of such net price, within three days after it was given authorizing the Landlord and the Landlord's contractors to supply or perform the work contemplated by both the respective Tenant Plan and the notice at the request of net price set forth in the Tenant shall be at the sole cost and expense of the Tenantrespective notice. The Tenant shall pay the balance of such additional design and construction costs net price to the Landlord within thirty (30) days after in proportion to the invoicing therefor.
5.5 The Tenantprogress of such work, using as and when billed by the Landlord at convenient intervals, with payment of any remaining final balance due from the Tenant upon completion of such respective work which, to the extent the Tenant Plan pertains to repainting and recarpeting, the Landlord shall use its own contractorsbest efforts to complete by the Target Date and which, 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 case of other work, shall give to the Tenant at least fourteen (14) days’ advance notice be completed as soon as reasonably practicable after receipt of the Landlord’s projected date of the Substantial Completion Date granting access to the Leased Premises to the related Tenant Plan 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 Delaynotice contemplated above.
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.
Appears in 1 contract
Preparation of the Leased Premises. 5.1 The Landlord shall performA. LANDLORD: LANDLORD shall, 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 paint and carpet those areas of the Tenant. The Tenant shall pay such additional design and construction costs Premises delineated in the cross hatch drawing attached hereto as Exhibit "B", perform repairs to the air conditioning units on the Premises as of the date of this Lease and perform any electrical or lighting problems LANDLORD discovers on the Premises as of the date of this Lease. LANDLORD estimates that the above repairs shall be completed by the Commencement Date, but any delay in completing said improvements, except delays caused by LANDLORD, shall not delay TENANT'S obligations to pay rent and additional rent pursuant to the terms of this Lease nor be deemed a termination of this Lease. Landlord within thirty (30) days after shall not be responsible for any other repairs other than is stated in this Lease and except for the invoicing therefor.
5.5 The Tenantitems delineated in this paragraph 8(A), using its own contractorsTENANT accepts the Premises in their present AS-IS condition. LANDLORD shall have no responsibility or liability for any loss or damage to any fixtures, desires to install telecommunications and data wiring and cabling, and furniture, fixtures and equipment or personal property of any kind installed or left in the Leased Premises as a result of TENANT' entry on and occupancy of the Premises prior to the Substantial Completion Datecompletion of the above repairs. The Landlord shall give TENANT acknowledges that LANDLORD would not have funded the cost of the repairs, but for TENANT'S agreement to perform all the terms, conditions and agreements to be performed by TENANT under this Lease for the entire Lease Term. Accordingly, upon termination of this Lease which is the result of TENANT'S failure to perform it operating covenant or any other obligation hereunder, or any rejection of this Lease by TENANT, or trustee, in any bankruptcy proceeding, TENANT shall, to the Tenant at least fourteen (14) days’ advance notice extent permitted by the bankruptcy court, if applicable, promptly reimburse LANDLORD for the net unamortized portion of the Landlord’s projected date LANDLORD'S cost of repairs which liability shall be in addition to any liability which TENANT may have, if any, for rentals that would have been payable over the remaining portion of the Substantial Completion Date granting access to Lease Term. For the Leased Premises to purposes hereof 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 LANDLORD'S cost of this Agreement, and (ii) hereby acknowledges that such access and installation may cause Tenant Delay.
5.6 The Tenant repairs shall timely comply be amortized on a continuing straight line 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 over the Building or on the Property performing any alterations, improvements or other modifications in or other preparation initial term of the Leased PremisesLease.
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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 shades5.1. The Tenant shall select cause the single color of the paint Tenant Plan to be applied as part of prepared and shall deliver the Landlord’s Work from the Landlord’s samples within fourteen (14) days after the later to occur of (i) the execution and delivery complete Tenant Plan to the Landlord of this Agreement by not later than the Tenant Plan Due Date. The Tenant Plan shall be prepared at the Tenant's expense which shall be reimbursable from the Allowance. It shall include the details specified in the definition of Tenant Plan and the location and extent of any special floor loading; special air conditioning requirements, if any; plumbing requirements, if any; and (ii) estimated total electrical load, including lighting requirements, lighting switch requirements and electrical outlet requirements, if any, in excess of the execution and delivery to the Tenant of this Agreement building standard being provided by the Landlord. The design and construction of any alterations, improvements or other modifications to setting forth the Leased Premises in addition to the Landlord’s Work made at the request amount of the Tenant shall be at the sole cost load, locations 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 therefortypes.
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 Date5.2. The Landlord shall give cause the work required to complete the Tenant at least fourteen Plan (14the "Work") days’ advance notice to be performed by the Landlord or the Landlord's contractors in a good and workmerlike manner substantially in accordance with the Tenant Plan utilizing the Allowance to pay the price of the Work. The price shall include 5% of the Landlord’s projected date 's contractors' aggregate price for the Landlord's overhead and 5% of the Substantial Completion Date granting contractor's aggregate price as the Landlord's general contracting fee, but only to the extent that the cost of the Work, as agreed by Landlord and Tenant in writing, exceeds the total amount of the Allowance. If the cost of the Work including the fees exceeds the Allowance, Tenant shall pay the balance of such price to the Landlord in proportion to the progress of such work, as and when billed by the Landlord at convenient intervals, with payment of any remaining final balance due from the Tenant prior to the Commencement Date. If the cost of the Work is less than the Allowance, the balance shall be credited to Base Rent first falling due, until the Allowance is exhausted. The Work shall not include the installation of any telecommunications or computer wiring or the cost thereof. Tenant, at its expense, may install its own security system regulating access to the Leased Premises to the Tenant and its contractors to perform Contiguous Space but, in 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 event (i) complies with its obligations under section 12 Tenant must provide the names and 14 of this Agreement, and (ii) hereby acknowledges that such contact numbers for employees available to provide access and installation may cause Tenant Delay.
5.6 The Tenant shall timely comply for emergency services 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.24 hour per day basis;
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Preparation of the Leased Premises. 5.1 The Landlord shall perform5.1. Unless previously accomplished, at the Landlord’s sole cost within one week after execution and expense, the Landlord’s Work. Otherwisedelivery of this Agreement, the Tenant shall accept give notice to the Leased Premises on Landlord including therewith each of the Commencement Date in its then “AS IS” conditionfollowing:
5.1.1. The a conceptual drawing, as detailed as practicable, of the proposed Tenant Plan; and
5.1.2. an itemized list, as detailed as practicable, of the types and quantities of materials, supplies, equipment and work to be incorporated into the Tenant Plan by the Tenant.
5.2. Unless previously accomplished, within two weeks after receipt of the notice contemplated by subsection 5.1, the Landlord shall give notice to the Tenant of the Landlord’s Work shall mean, using Building Standard materials and methods, (a) re-painting the existing painted walls in 's contractors' estimated unit prices to build out the Leased Premises, (b) commercially shampooing including unit prices for each item included in that notice as to which sufficient information has been provided by the existing carpeted floors Tenant in the Leased Premisesthat notice.
5.3. If, (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 at or prior 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 of this Agreement, the Tenant shall not have requested the Landlord in writing to provide the Tenant Plan, the Tenant shall deliver the complete Tenant Plan to the Landlord of this Agreement by not later than the Tenant Plan Due Date. The Tenant Plan shall be at the Tenant's expense.
5.4. Within two weeks after receipt of the Tenant Plan, and (ii) the execution and delivery Landlord shall give notice to the Tenant of this Agreement 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. The design Such price shall include 7% overhead and construction 7% profit of the Landlord's contractors' aggregate price in excess of the Allowance as the Landlord's general contracting fee and shall be net of any alterations, improvements or other modifications credit for work being provided by the Landlord without charge to the Leased Premises Tenant in addition 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’s Work made , together with payment of 33-1/3% of the excess over the Allowance, if any, within three business days after it was given authorizing the Landlord and the Landlord's contractors to supply or perform the work contemplated by both the Tenant Plan and the notice at the request of price set forth in the Tenant shall be at the sole cost and expense of the Tenantnotice. The Tenant shall pay the balance of such additional design and construction costs price to the Landlord within thirty (30) days after in proportion to the invoicing thereforprogress of such work, as and when billed by the Landlord at convenient intervals, with payment of any remaining final balance due from the Tenant prior to the Commencement Date. Tenant shall have the right to review the line items in the bids taken by the Landlord.
5.5 The 5.5. If Landlord's price is not acceptable to the Tenant, using the Tenant shall attempt to negotiate an acceptable price within the next three business days. If the parties are unable to agree then the Tenant may engage its own contractorscontractors to perform the work provided that Tenant shall be required to utilize the services of the HVAC contractor used by the Landlord in the Building. In this event, desires the Commencement Date shall be the Target Date. Landlord shall advance the Allowance ratably as the work progresses with a 10% retainage. The balance shall be paid prior to install telecommunications and data wiring and cablingthe Commencement Date.
5.6. If the price is less than the Allowance, and furniturethe Landlord shall pay the balance of the Allowance toward the cost of equipment, fixtures and other installations by the Tenant in the Leased Premises.
5.7. During the period that Landlord is fitting-up the Leased Premises for Tenant, Tenant may move in its furniture, furnishings, equipment and supplies into the Leased Premises and may install its Wiring provided that (i) the furniture, furnishings, equipment and supplies may only be moved in after the carpet is installed; (ii) no personnel may move in and commence operations in the Leased Premises prior to the Substantial Completion Date. The Landlord until after a certificate of occupancy is issued; (iii) Tenant 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 assume full responsibility for anything which it places in the Leased Premises to and shall indemnify, defend and hold harmless Landlord from any loss, liability and expense which arises from Tenant's actions or those of its agents, servants, employees, invitees and contractors. If any of Tenant's operations interfere with the progress of Landlord's work, Tenant and its contractors to perform shall cease 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 operations forthwith until Landlord advises that such access and installation operations may cause Tenant Delaybe resumed.
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.
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Samples: Lease Agreement (Tollgrade Communications Inc \Pa\)
Preparation of the Leased Premises.
5.1 The Landlord shall perform, at the Landlord’s sole cost and expense, the Landlord’s Work. Otherwise, and subject to the completion of the Landlord’s Work, 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, performing the alterations, improvements and other modifications to the Leased Premises as shown on the space plan prepared by Xxxx Xxxxxxx, dated July 2, 2024, a copy of which is attached hereto as Exhibit H (the “Space Plan”), which Space Plan work includes but is not limited to: (a) re-painting installing full glass inserts and glass doors at al office, huddle rooms, and conference rooms; (b) installing full double glass entry doors in the existing painted walls Boardroom; (c) replacing all ceiling tiles 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 re-xxxxxxx existing light fixtures with new building standard window shadesLED lamps. The Tenant shall select the single color of the paint to be applied applied, and the carpeting and the VCT flooring to be installed 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 5.2 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 thirty (1430) 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 5.3 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..
5.4 Landlord shall use commercially reasonable efforts to cause the Substantial Completion Date to occur by no later than eight (8) months after the date hereof (the “Intended Completion Date”). If, due solely as a result of Landlord Delay, the Substantial Completion Date does not occur by the Intended Completion Date, then Tenant shall be entitled to a per diem rent credit (the “Delay Rent Credit”) equal to number of days in the period commencing on the Intended Completion Date and ending on the date upon which Landlord causes the Substantial Completion Date to occur (which Delay Rent Credit may be applied by Tenant against the next installments of Basic Rent payable under this Lease and, at Tenant’s option, before or after the expiration of any other offsets, abatements or credits in Tenant’s favor). Notwithstanding the foregoing, the Initial Term shall be extended day for day equal to the period of time of any Delay Rent Credit.
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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 shades5.1. The Tenant shall select cause the single color of the paint Tenant Plan to be applied as part of prepared and shall deliver the Landlord’s Work from the Landlord’s samples within fourteen (14) days after the later to occur of (i) the execution and delivery complete Tenant Plan to the Landlord of this Agreement by not later than the Tenant Plan Due Date. The Tenant Plan shall be prepared at the Tenant's expense which shall be reimbursable from the Allowance. It shall include the details specified in the definition of Tenant Plan and the location and extent of any special floor loading; special air conditioning requirements, if any; plumbing requirements, if any; and (ii) estimated total electrical load, including lighting requirements, lighting switch requirements and electrical outlet requirements, if any, in excess of the execution and delivery to the Tenant of this Agreement building standard being provided by the Landlord. The design and construction of any alterations, improvements or other modifications to setting forth the Leased Premises in addition to the Landlord’s Work made at the request amount of the Tenant shall be at the sole cost load, locations 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 therefortypes.
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 Date5.2. The Landlord shall give cause the work required to complete the Tenant at least fourteen Plan (14the "Work") days’ advance notice to be performed by the Landlord or the Landlord's contractors in a good and workmanlike manner substantially in accordance with the Tenant Plan utilizing the Allowance to pay the price of the Work. The price shall include 5% of the Landlord’s projected date 's contractors' aggregate price for the Landlord's overhead and 5% of the Substantial Completion Date granting contractor's aggregate price as the Landlord's general contracting fee, but only to the extent that the cost of the Work, as agreed by Landlord and Tenant in writing, exceeds the total amount of the Allowance. If the cost of the Work including the fees exceeds the Allowance, Tenant shall pay the balance of such price to the Landlord in proportion to the progress of such work, as and when billed by the Landlord at convenient intervals, with payment of any remaining final balance due from the Tenant prior to the Commencement Date. If the cost of the Work is less than the Allowance, the balance shall be credited to Base Rent first falling due, until exhausted. The Work shall not include the installation of any telecommunications or computer wiring or the cost thereof. Tenant, at its expense, may install its own security system regulating access to the Leased Premises to the Tenant and its contractors to perform but, in 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 event (i) complies with its obligations under section 12 Tenant must provide the names and 14 of this Agreement, and (ii) hereby acknowledges that such contact numbers for employees available to provide access and installation may cause Tenant Delay.
5.6 The Tenant shall timely comply for emergency services 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.24 hour per day basis;
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Samples: Lease Agreement (Enzon Inc)
Preparation of the Leased Premises. 5.1 The Landlord timely preparation of the Tenant Plan through architects and engineers, licensed in New Jersey, selected by the Tenant shall perform, at be the Tenant’s obligation and expense. The Tenant Plan shall be prepared consistently with the Building plans and specifications and the Landlord’s sole cost and expense, the Landlord’s Work. Otherwise, the Tenant shall accept the Leased Premises on the Commencement Date tenant construction specifications 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 shadeseffect. The Tenant shall select deliver the single color of complete Tenant Plan to the paint to be applied as part of Landlord not later than the Landlord’s Work from Tenant Plan Due Date. During the Landlord’s samples within fourteen (14) days after immediately succeeding the later submission of the complete Tenant Plan to occur the Landlord, the Tenant Plan shall be subject to the Landlord’s and its engineers’ reasonable review, comment, consultation and objection with respect to any lack of (i) consistency with the execution Building plans and delivery specifications or the Landlord’s tenant construction specifications then in effect, any structural changes to, or any changes in the exterior of, the Building or any portion thereof required thereby, any changes to Systems required thereby, any interface or connection with Systems or any adverse effect upon the functional utility or rental value of the Leased Premises. If the Landlord timely and otherwise properly objects to the Tenant Plan by notice to the Tenant setting forth therein any of the specified reasons in reasonable detail, the Tenant shall have its architects and engineers revise the Tenant Plan and deliver the revised complete Tenant Plan to the Landlord within ten (10) days of this Agreement the Landlord’s giving timely notice of its objection to the Tenant.
5.2 In the event that the Tenant desires to name a qualified general contractor for the purpose of including it among those invited to bid on the work called for by the Tenant Plan, the Tenant shall, prior to the Tenant Plan Due Date, submit in writing to the Landlord the name, address, telephone number and telefacsimile number of one qualified general contractor active in the Middlesex County, New Jersey area. As soon as practicable after the receipt by the Landlord of the final Tenant Plan, the Landlord shall solicit bids for the construction of the work called for by the Tenant Plan from at least three general contractors, including the general contractor, if any, timely nominated by the Tenant. The Landlord and the Tenant shall promptly review the bids after receipt. Following bid review and qualification for the Tenant’s Buildout, the Landlord and (ii) the execution Tenant shall promptly select in a writing the best qualified and delivery quantified general contractor; but if the Landlord and the Tenant are unable to agree upon the selection of the best qualified and quantified general contractor by the end of the bid review and qualification period for the Tenant’s Buildout, the selection of the best qualified and quantified general contractor to be awarded the contract for the Tenant’s Buildout shall be made by the Landlord acting in its sole, reasonable discretion.
5.3 The Landlord shall give notice to the Tenant of the Landlord’s price to the Tenant to perform the Tenant’s Buildout utilizing the Landlord’s general contractor. The Landlord’s price shall include an amount equal to five (5%) percent of the first one million ($1,000,000.00) dollars and three (3%) percent of the amount in excess of one million ($1,000,000.00) dollars of the Landlord’s general contractor’s aggregate price (which shall include additional costs of any change orders) for the Tenant’s Buildout as the Landlord’s construction supervision fee. Said fee shall not apply to any architectural, design, telecommunications or movable furniture installation fees or costs paid directly by the Tenant to its contractors. Subject to the terms of Section 44.1 of this Agreement Agreement, the Tenant shall pay such price to the Landlord in proportion to the progress of such work, as and when billed by the Landlord at intervals, corresponding to the invoicing by the Landlord’s general contractor, with payment of any remaining final balance due from the Tenant upon substantial completion of such work.
5.4 The Landlord shall cause the selected general contractor selected in accordance with subsection 5.2 of this Agreement to construct the Tenant’s Buildout in accordance with the Tenant Plan in a good and workmanlike manner and in accordance with all applicable building codes. The design and construction of any alterations, improvements or other modifications changes to the Leased Premises in addition to the Landlord’s Work Tenant Plan made at the request of by the Tenant shall be at the sole cost and an additional expense of to the Tenant. The Tenant Landlord shall pay such additional design and construction costs use reasonable commercial efforts 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 achieve Substantial Completion Date. The Landlord shall give to the Tenant at least fourteen (14) days’ advance notice of the LandlordTenant’s projected date of Buildout by 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 DelayTarget Date.
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.
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