Preparation of the Premises. Landlord shall exercise all reasonable efforts to complete the work specified on the plans and specifications prepared by Newbury Design Associates and dated March 21, 2000 Revision 1 (the "Plans") by May 15, 2000, respecting the construction of approximately 4,000 square feet of office space (the "Office Space") within the Premises, and which shall also include warehouse lighting and power distribution (the "Warehouse Space") (such work to be performed by Landlord respecting the Office Space and the Warehouse Space are hereinafter collectively referred to as "Landlord's Work"), but Tenant shall have no claim against Landlord for failure so to complete Landlord's Work except the right to terminate this Lease in accordance with Section 3.2 above. Tenant agrees that Landlord may make any changes in Landlord's Work, upon prior written notice to Tenant for insubstantial changes and with the approval of Tenant (which approval may be withheld in Tenant's sole discretion) for substantial changes. Landlord shall provide Tenant with an allowance ("Landlord's Contribution") of up to a maximum total amount of $230,000 for the performance of Landlord's Work not more than $130,000 of which shall be for construction of the Office Space, and not more than $100,000 of which shall be for work related to the Warehouse Space, and Tenant shall not be liable for any cost of Landlord's Work to the extent that the total cost thereof is less than or equal to Landlord's Contribution. Landlord's contractor shall provide Tenant with an "open book" estimate of the cost of Landlord's Work. To the extent that the cost of Landlord's Work exceeds Landlord's Contribution, or to the extent that work related to the Office Space or the Warehouse Space exceeds the amounts of Landlord's Contribution allocated to the Office Space or Warehouse Space, as the case may be, Tenant shall pay the cost of such excess within thirty (30) days of Landlord's notice to Tenant of such excess cost, which notice shall be accompanied with copies of invoices respecting such additional costs, and a certification from Landlord's architect that the Landlord's Work has been completed substantially in accordance with the Plans. For purposes of this Section, "cost" shall be the actual cost to Landlord of performing Landlord's Work including, without limitation, all architectural and engineering fees and expenses and all contractor charges for the cost of work and materials, profit, general conditions and overhead and ...
Preparation of the Premises. (a) Tenant acknowledges that it has inspected the Premises, that Landlord has made no representations or warranties whatsoever respecting the condition thereof or otherwise and that, except as may be expressly provided to the contrary in the Work Schedule, Landlord has no obligation or duty to make any alterations, improvements or repairs whatsoever in and to the Premises to make same ready for Tenant's use and occupancy and Tenant takes and accepts the Premises in their present "as is" condition. By occupying the Premises, Tenant shall be deemed conclusively to have accepted the Premises as complying fully with Landlord's covenants and obligations.
(b) Initial improvements to the Premises, if any, shall be governed by the Work Schedule.
(c) If the installation of improvements in the Premises causes an increase in the ad valorem taxes levied or assessed on the Building, Tenant shall reimburse any such increase to Landlord within thirty (30) days following written demand by Landlord as contemplated by Section 3.4(c).
(d) Within thirty (30) days after the Commencement Date, Tenant will execute and deliver to Landlord the Commencement Date Agreement.
Preparation of the Premises. Promptly upon execution of the Lease, LESSOR will have prepared, at its sole cost and expense, certain plans ("LESSOR'S Plans") for improvements to be made in the Premises and adjacent areas of the Building to prepare the Premises for LESSEE'S occupancy. Upon completion of LESSOR'S Plans, LESSOR shall submit the same to LESSEE for LESSEE'S approval, which approval shall not be unreasonably delayed or withheld. To the extent that LESSEE does not disapprove LESSOR'S Plans in writing, and provide specific remedies that will make LESSOR'S Plans acceptable, within fourteen (14) days after submission of the same by LESSOR, LESSEE shall be conclusively deemed to have approved LESSOR'S Plans. Promptly after approval of LESSOR'S Plans, LESSOR shall exercise all reasonable efforts to complete, at its sole cost and expense the work specified in LESSOR'S Plans. The work shall collectively be referred to as "LESSOR'S Work" Tenant shall have no claim against LESSOR for failure so to complete such Work. LESSOR shall bid LESSOR'S work to at least three contractors and shall share the bids with LESSEE.
Preparation of the Premises. Except for the work to be performed by Landlord as expressly set forth and described in EXHIBIT I hereto ("Base Building Work"), the Premises shall be delivered to and accepted by Tenant "as is," in their then state of construction, finish and decoration, without any additional obligation on the part of Landlord to prepare or construct the Premises for Tenant's occupancy. Tenant acknowledges that the Premises are to be delivered in so-called "shell" condition and substantial work must be performed by Tenant before the Premises can be occupied by Tenant for the conduct of its business. All of such work necessary to prepare the Premises for Tenant's occupancy shall be performed by Tenant in accordance with the provisions of EXHIBIT C hereto including the obligation to obtain an amendment to the certificate of occupancy for the Building allowing occupancy and use of the Premises. Landlord shall cooperate with Tenant in its application for any certificate of occupancy including prompt execution of any necessary applications therefor or filings in connection therewith requested reasonably by Tenant. Notwithstanding the foregoing, Section 5.2(a) of this Lease and the provisions of this Lease setting forth Tenant's insurance obligations (i.e., Sections 10.2 and 10.3) shall not apply during the performance of Tenant's Work and such matters shall, during such time, be governed by the applicable provisions of EXHIBIT C hereto.
Preparation of the Premises. LESSOR’S WORKS
Preparation of the Premises. Tenant shall accept the Premises in its "as is" condition as of the Term Commencement Date, and Landlord shall have no obligation to perform any work or construction to prepare the Premises for Tenant, except as defined in “Exhibit C”.
Preparation of the Premises. Landlord's Work. Landlord shall perform Landlord's Work as set forth in Exhibit C. All other work must be of a quality equal to or better than the Building Standard. If Landlord further agrees to do, at Tenant's request, any Special Work, Landlord shall advise Tenant of the Tenant's cost, and after Tenant's approval and prior to Landlord's performance of the Special work, (the parties may mutually agree to a payment schedule) Tenant shall pay the amount of Tenant's Cost to Landlord.
Preparation of the Premises. AS IS" Landlord shall provide tenant improvements as outlined on Exhibit "D", attached hereto.
Preparation of the Premises. Except as provided in Exhibit B and C and subject to (i) Landlord’s obligation to complete the Landlord’s Work and deliver the Premises to Tenant with Building HVAC and all life safety systems in good working order and (ii) Landlord’s ongoing obligations for repairs and compliance with the ADA in the Common Areas, the Premises shall be leased in its present “as is” condition as of the date hereof, and Landlord shall have no obligation to perform any work or construction in the Premises to prepare it for Tenant’s occupancy.
Preparation of the Premises. 7 ARTICLE 4.......... RENT, ADDITIONAL RENT, INSURANCE AND OTHER CHARGES........ 8
