Common use of Standards for Tenant's Work Clause in Contracts

Standards for Tenant's Work. Tenant's work shall be completed pursuant to the following provisions: (a) Tenant shall prepare and submit to Landlord two (2) sets of final plans and specifications showing the architectural design of the Premises, including the basic mechanical system and electrical system within the Premises, plumbing, partitions and doors, complete fixturing information, and material selections and finishes. Within five (5) working days after receipt of such final plans and specifications, Landlord shall approve or suggest modifications to such final plans and specifications. Landlord shall not unreasonably refuse or delay approval of Tenant's final plans and specifications. Tenant may object to any of the suggested modifications by notice to Landlord within five (5) working days after receipt of such suggested modifications, and unless Tenant so objects such suggested modifications shall be deemed approved by Tenant. Tenant shall also submit all proposed change orders in writing (with sufficient detail to enable Landlord to understand the nature of the proposed change) to Landlord for Landlord's prior written approval, which shall not be unreasonably refused or delayed. Landlord's consent shall not be required for any change order for work costing less than Five Thousand Dollars ($5,000.00), provided that there are no more than five (5) such change orders in any thirty (30) day period. Any proposed change order shall be deemed approved by Landlord unless Landlord disapproves same within three (3) business days after the proposed change order is received by Landlord, provided that Tenant's notice requesting approval of such change order clearly notifies Landlord that the proposed change order shall be deemed approved if not disapproved within such three (3) business day period. The individuals to whom Tenant shall submit plans and specifications for approval shall be Robexx X. Xxxxxxx, xxth a copy to Cindx Xxxxx, xxd the individual to whom Landlord shall communicate regarding plans and specifications shall be either Jackxx Xxxxxxx xx Brucx Xxxxx. Xxile Landlord has the right to approve the plans and specifications, Landlord's sole interest in doing so is to protect the Building and Landlord's interests. Accordingly, Tenant shall not rely on Landlord's approvals and Landlord shall not be the guarantor of, nor in any way responsible for, the accuracy or correctness of any such plans and specifications, or the compliance thereof with applicable laws, and Landlord shall incur no liability of any kind by reason of granting any such approvals. (b) Tenant shall complete all work in accordance with the final plans and specifications approved by Landlord. Tenant shall make no alterations, additions, or reinforcements to the structure of the Building except as specifically approved by Landlord in such final plans and specifications. Tenant, at its expense, shall procure all building and other permits required for completion of Tenant's work. Tenant agrees that all work done by Tenant and its contractors and subcontractors shall be performed in full compliance with all laws, rules, orders, permits, ordinances, directions, regulations and requirements of all governmental agencies, offices, and departments having jurisdiction, including without limitation applicable provisions pertaining to use of hazardous or toxic materials during construction, and in full compliance with rules, orders, directions, regulations and requirements of any insurance underwriting 37 board, inspection bureau or insurance carrier insuring the Premises or Building. (c) At least thirty (30) days before commencement of construction, Tenant shall submit to Landlord the names and addresses of the general, mechanical, and electrical contractors which Tenant intends to engage for construction of Tenant's improvements, the commencement date of construction, and the estimated date of completion of construction. Landlord shall have the right to enter the Premises at any time to post any notice of nonresponsibility or other notice on the Premises during Tenant's construction. All contractors and subcontractors retained by Tenant shall be subject to the approval of Landlord, which shall not be unreasonably refused or delayed. Landlord hereby consents that Tenant may employ Davix Xxxxxx & Xo. as general contractor. All contractors retained by Tenant shall be bondable, licensed contractors, possessing good labor relations and capable of performing quality workmanship and working in harmony with Landlord's general contractor and other contractors. (d) During the course of construction, Tenant shall maintain builder's risk insurance in form and content satisfactory to Landlord. Tenant's insurance shall name Landlord as an additional insured and shall provide that it may not be canceled or amended without twenty (20) days prior written notice to Landlord. At least ten (10) days prior to commencement of construction, Tenant shall provide Landlord with a certificate of such insurance and evidence of any required bonds in form satisfactory to Landlord. Tenant or Tenant's contractor shall provide to Landlord a surety bond issued by a company acceptable to Landlord guaranteeing performance of its construction obligations and payment for all work and materials to be provided to the job. (e) Tenant's work shall be completed with reasonable diligence and in such a manner as not to interfere with the use or enjoyment of other portions of the Building or common areas by Landlord or other tenants. Tenant's contractors shall provide and pay for all temporary power, water, and other utility facilities as required in connection with the construction of Tenant's improvements. Tenant's contractors shall provide their own, dumpster for collection and disposition of construction debris, which shall be located at a location approved by Landlord, and all construction debris from Tenant's construction shall be disposed of in Tenant's contractor's dumpster and not in trash facilities for the Project. Tenant's contractor's construction material, tools, equipment, and debris shall be stored only within the Premises, or in areas designated for that purpose by Landlord. Work space exterior to the Premises shall be available only in the discretion of Landlord. Tenant's work shall be subject to the inspection of Landlord and Landlord's architect and general contractor during the course of construction. (f) Tenant shall indemnify and hold harmless Landlord for any and all claims arising from Tenant's work as provided in Paragraph 12.A and Paragraph 18 of the Lease. Tenant's construction contracts shall include a similar indemnification from its contractors for the benefit of Landlord. Tenant shall pay for all damage to the Building, the Project, or appurtenant areas or equipment, as well as all damage to tenants or occupants thereof or their property caused by Tenant, its agents, employees, contractors, licensees, or invitees. Tenant acknowledges that Tenant's obligation set forth in Paragraph 18 of the Lease to keep the Building and Premises free of all liens shall include, but not be limited to, an obligation at Tenant's expense to obtain and record a release bond as provided in Section 3143 of the California Civil Code or other provision of law, as requested by Landlord. (g) Tenant shall be solely responsible for the adequacy in all respects of the final plans and specifications, including without limitation compliance with all governmental requirements, compatibility with the Building shell, and any special requirements of Tenant's proposed improvements, equipment or machines with respect to ambient temperatures, electrical use or current, water availability or otherwise. Tenant acknowledges that in connection with obtaining Landlord's approval of the final plans and specifications, Tenant may provide Landlord with certain information regarding its specific needs relating to the Premises in 38 developing plans and specifications for its improvements and that Tenant may provide some of its own equipment for installation in the Premises. Tenant further acknowledges that Landlord will make no independent review of any such information and that Landlord does not warrant, either expressly or impliedly, the adequacy of the plans and specifications for the said improvements, or the adequacy of Tenant's improvements or Tenant's equipment for Tenant's intended purpose. (h) All improvements made pursuant hereto shall during the term of this Lease, as it may be extended, constitute the property of Tenant. Upon expiration or termination of this Lease, however, unless Landlord shall require the removal or consent in writing to the removal thereof by Tenant, all such improvements shall remain in place and the ownership thereof shall revert to Landlord.

Standards for Tenant's Work. Tenant's work shall be completed pursuant to the following provisions: (a) Tenant shall prepare and submit to Landlord two (2) sets of final plans and specifications showing the architectural design of the New Premises, including the basic mechanical system and electrical system within the New Premises, plumbing, partitions and doors, complete fixturing information, and material selections and finishes. Within five (5) working days after receipt of such final plans and specifications, Landlord shall approve or suggest modifications to such final plans and specifications. Landlord shall not unreasonably refuse or delay approval of Tenant's final plans and specifications. Tenant may object to any of the suggested modifications by notice to Landlord within five (5) working days after receipt of such suggested modifications, and unless Tenant so objects such suggested modifications shall be deemed approved by Tenant. Tenant shall also submit all proposed change orders in writing (with sufficient detail to enable Landlord to understand the nature of the proposed change) to Landlord for Landlord's prior written approval, which shall not be unreasonably refused or delayed. Landlord's consent shall not be required for any change order for work costing less than Five Thousand Dollars ($5,000.005,000), provided that there are no more than five (5) such change orders in any thirty (30) day period. Any proposed change order shall be deemed approved by Landlord unless Landlord disapproves same within three (3) business days after the proposed change order is received by Landlord, provided that Tenant's notice requesting approval of such change order clearly notifies Landlord that the proposed change order shall be deemed approved if not disapproved within such three (3) business day period. The individuals to whom Tenant shall submit plans and specifications for approval shall be Robexx Elizxxxxx X. XxxxxxxXxxxxxxxx, xxth a copy to Cindx XxxxxHoyt X. Xxxxxx, xxd the individual to whom Landlord shall communicate regarding plans and specifications shall be either Jackxx Xxxxxxx xx Brucx Xxxxx. Xxile Landlord has the right to approve the plans and specifications, Landlord's sole interest in doing so is to protect the Building and Landlord's interests. Accordingly, Tenant shall not rely on Landlord's approvals and Landlord shall not be the guarantor of, nor in any way responsible for, the accuracy or correctness of any such plans and specifications, or the accuracy or correctness of any such plans and specifications, or the compliance thereof with applicable laws, and Landlord shall incur no liability of any kind by reason of granting any such approvals. (b) Tenant shall complete all work in accordance with the final plans and specifications approved by Landlord. Tenant shall make no alterations, additions, or reinforcements to the structure of the Building except as specifically approved by the Landlord in such final plans and specifications. Tenant, at its expense, shall procure all building and other permits required for completion of Tenant's work. Tenant agrees that all work done by Tenant and its contractors and subcontractors shall be performed in full compliance with all laws, rules, orders, permits, ordinances, directions, regulations and requirements of all governmental agencies, offices, offices and departments having jurisdiction, including without limitation applicable provisions pertaining to use of hazardous or toxic materials during construction, and in full compliance with rules, orders, directions, EXHIBIT 3 61 regulations and requirements of any insurance underwriting 37 board, inspection bureau or insurance carrier insuring the New Premises or Building. (c) At least thirty (30) days before commencement of construction, Tenant shall immediately submit to Landlord the names and addresses of the general, mechanical, and electrical contractors which Tenant intends to engage for construction of Tenant's improvements, the commencement date of construction, and the estimated date of completion of construction. Landlord shall have the right to enter the New Premises at any time to post any notice of nonresponsibility or other notice on the New Premises during Tenant's construction. All contractors and subcontractors retained by Tenant shall be subject to the approval of Landlord, which shall not be unreasonably refused or delayed. Landlord hereby consents that Tenant may employ Davix Xxxxxx & Xo. as general contractor. All contractors retained by Tenant shall be bondable, licensed contractors, possessing good labor relations and capable of performing quality workmanship and working in harmony with Landlord's general contractor and other contractors. (d) During the course of construction, Tenant shall maintain builder's risk insurance in form and content satisfactory to Landlord. Tenant's insurance shall name Landlord as an additional insured and shall provide that it may not be canceled or amended without twenty (20) days prior written notice to Landlord. At least ten (10) days prior Prior to commencement of construction, Tenant shall provide Landlord with a certificate of such insurance and evidence of any required bonds in form satisfactory to Landlord. Tenant or Tenant's contractor shall provide to Landlord a surety bond issued by a company acceptable to Landlord guaranteeing performance of its construction obligations and payment for all work and materials to be provided to the job. (e) Tenant's work shall be completed with reasonable diligence and in such a manner as not to interfere with the use or enjoyment of other portions of the Building or common areas by Landlord or other tenants. Tenant's contractors shall provide and pay for all temporary power, water, and other utility facilities as required in connection with the construction of Tenant's improvements. Tenant's contractors shall provide their own, own dumpster for collection and disposition of construction debris, which shall be located at a location approved by Landlord, and all construction debris from Tenant's construction shall be disposed of in Tenant's contractor's dumpster and not in trash facilities for the Project. Tenant's contractor's construction material, tools, equipment, and debris shall be stored only within the New Premises, or in areas designated for that purpose by Landlord. Work space exterior to the New Premises shall be available only in the discretion of Landlord. Tenant's work shall be subject to the inspection of Landlord and Landlord's architect and general contractor during the course of construction. (f) Tenant shall indemnify and hold harmless Landlord for any and all claims arising from Tenant's work as provided in Paragraph 12.A and Paragraph 18 of the Lease. Tenant's construction contracts shall include a similar indemnification from its contractors for the benefit of Landlord. Tenant shall pay for all damage to the Building, the Project, or appurtenant areas or equipment, as well as all damage to tenants or occupants thereof or their property caused by Tenant, its agents, employees, contractors, licensees, or invitees. Tenant acknowledges that Tenant's obligation set forth in Paragraph 18 of the Lease to keep the Building and Premises (including the New Premises) free of all liens shall include, but not be limited to, an obligation at Tenant's expense to obtain and record a release bond as provided in Section 3143 of the California Civil Code or other provision of law, as requested by Landlord. (g) Tenant shall be solely responsible for the adequacy in all respects of the final plans and specifications, including without limitation compliance with all governmental requirements, compatibility with the Building shell, and any special requirements of Tenant's proposed improvements, equipment or machines with respect to ambient temperatures, electrical use or current, water availability or otherwise. Tenant acknowledges that in connection with obtaining Landlord's approval of the final plans and specifications, Tenant may provide Landlord with certain information regarding its specific needs relating to the New Premises in 38 developing plans and specifications for its improvements and that Tenant may provide Provide some of its own equipment for installation in the New Premises. Tenant further acknowledges that Landlord will make no independent review of any such information and that Landlord does not warrant, either expressly or impliedly, the adequacy of the plans and specifications for the said improvements, or the adequacy of Tenant's improvements or Tenant's equipment for Tenant's intended purpose.said (h) All improvements made pursuant hereto shall during the term of this Lease, as it may be extended, constitute the property of Tenant. Upon expiration or termination of this Lease, however, unless Landlord shall require the removal or consent in writing to the removal thereof by Tenant, all such improvements shall remain in place and the ownership thereof shall revert to Landlord. (i) Tenant shall provide Landlord with a complete copy of "as built" construction drawings at the completion of the tenant improvement work.