SEISMIC UPGRADES Sample Clauses
The Seismic Upgrades clause outlines the requirements and responsibilities for making structural improvements to a building to enhance its resistance to earthquakes. Typically, this clause specifies which party—such as the landlord or tenant—is responsible for assessing, designing, and implementing seismic retrofitting, and may set deadlines or standards for compliance with local building codes. Its core function is to ensure the safety and structural integrity of the property in the event of seismic activity, while clearly allocating responsibility for the associated costs and work.
SEISMIC UPGRADES. Tenant hereby acknowledges that Landlord shall have the right to enter the Premises, in accordance with Article 27, above, to renovate the Building and/or the Premises for voluntary seismic upgrades, the scope and extent of which shall be determined by Landlord, in Landlord’s sole discretion (the “Seismic Upgrades”). In connection with such Seismic Upgrades to be constructed in the Premises, if any, Landlord shall (i) give Tenant a minimum of sixty (60) days prior written notice of such Seismic Upgrades, which notice shall specify the area in the Premises in which the Seismic Upgrade work is to occur, (ii) use commercially reasonable efforts to minimize material interference with Tenant’s use of the Premises, (iii) provide to Tenant a plan of the Seismic Upgrades which shall affect the Premises and the anticipated time of construction within the Premises; (iv) use commercially reasonable efforts to keep the Premises reasonably “dust free,” with respect to the construction of the Seismic Upgrade work, including, if necessary, installing a barrier as mutually and reasonably determined by Landlord and Tenant, in Landlord’s reasonable discretion, in the area of the Premises in which the Seismic Upgrade work is being completed; and (v) not conduct Seismic Upgrade work in the Premises during Building Hours to the extent that the Seismic Upgrade work would cause material interference with Tenant’s use of the Premises, and, during Building Hours, Landlord shall use commercially reasonable efforts to minimize the noise from the construction of the Seismic Upgrades. In addition, Tenant hereby acknowledges and agrees that, in connection with the Seismic Upgrades, components the configuration of Tenant’s Premises may be permanently moved, modified or otherwise altered by Landlord (the “Seismic Alterations”). The specific plans for such Seismic Alterations shall be subject to the reasonable prior approval of Tenant and shall be consistent with Building standards. Tenant hereby acknowledges and agrees that such Seismic Upgrades and Landlord’s actions in connection with such Seismic Upgrades shall in no way constitute a constructive eviction of Tenant, and that a portion of the usable square footage of the Premises may be permanently taken by Landlord relating to such Seismic Upgrades. Landlord shall not be liable for any inconvenience or annoyance to Tenant or Tenant’s visitors, or for any direct or indirect injury to or interference with Tenant’s business arising from ...
SEISMIC UPGRADES. 10.1 If seismic upgrades are required by the City of Seattle or any other governmental entity as a result of a change in laws that affects all improvements and not as the sole result of Tenant's Work, Tenant shall perform such work and shall share in the cost of seismic upgrades in an amount equal to 50% of the portion of the Premises leased by Tenant (but not subleased to Landlord), e.g. 1/3 space occupied X 50% = 17%.
10.2 Except as described in Section 10.1, if any work by Tenant on the Premises results in a requirement by the City of Seattle that certain seismic upgrades be made to the Building, then the parties agree that:
(a) Tenant shall pay all amounts up to $400,000 of the required seismic upgrades;
(b) Landlord shall be responsible for all amounts in excess of $400,000 up to $600,000;
(c) Tenant will finance Landlord's portion of the seismic upgrades referred to in Subsection 10.2(b), which shall be payable by Landlord to Tenant through a fifty percent (50%) rent reduction, plus interest at a rate of eight percent (8%) per year, commencing as funds are expended.
(d) Tenant and Landlord will share the additional cost of seismic upgrades which exceed $600,000, on a 50/50 basis, with Tenant's portion determined by multiplying fifty percent (50) times the percentage of space leased (but not subleased by Landlord) (e.g. 50% x 2/3 Building = 34%).
SEISMIC UPGRADES. Notwithstanding the provisions of Paragraph 2.3(b) of the Form Lease (i) Lessor shall, at its sole cost and expense, cause the Building to comply with all seismic upgrade ordinances in effect as of the date of this Lease to the extent that the requirement to comply with such seismic upgrade ordinances arises as a result of any work done by Lessor to the roof of the Building to return it to shell condition prior to the Commencement Date (excluding the installation of any equipment), and (ii) except as provided in the preceding subparagraph (i), Lessee shall, at its sole cost and expense cause the Building to comply with all seismic upgrade ordinances in effect as of the date of this Lease to the extent that the requirement to comply with such seismic upgrade ordinances arises as a result of the Roof Work, the Clean Room Roof Equipment, the Clean Room, the Allowance Work, the Lessee Improvements or any equipment, installations or improvements relating to any of the foregoing.
SEISMIC UPGRADES. Lessor shall deliver the Premises in compliance with Division 91 seismic codes. This compliance is based upon the existing building configuration and with those laws, rules and regulations as of the date of lease execution. 58.
SEISMIC UPGRADES. Lessee shall undertake all repairs and modifications necessary to cause the San Dimas Hospital Facility to comply with the seismic retrofit requirements as determined by the Office of Statewide Health Planning and Development and, on or before December 31,2012, shall either (i) complete such repairs and modifications or (ii) apply for the exemption available under California Health and Safety Code Section 130060 et seq.
SEISMIC UPGRADES. Lessee shall undertake all repairs and modifications necessary to cause the La Palma Facility and West Anaheim Facility to comply with the seismic retrofit requirements as determined by the Office of Statewide Health Planning and Development and, on or before December 31, 2012, shall either (i) complete such repairs and modifications or (ii) apply for the exemption available under California Health and Safety Code Section 130060 et seq.
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