STANDARDS OF DESIGN AND CONSTRUCTION AND CONDITIONS OF TENANT’S PERFORMANCE. All work done in or upon the Premises by Tenant shall be done according to the standards set forth in this Paragraph 6, except as the same may be modified in the Approved Plans approved by or on behalf of Landlord and Tenant. (a) Tenant’s Approved Plans and all design and construction of the Work shall comply with all applicable statutes, ordinances, regulations, laws, codes and industry standards, including, but not limited to, reasonable requirements of Landlord’s fire insurance underwriters. (b) Tenant shall, at its own cost and expense (but payable from Landlord’s Contribution), obtain all required building permits and occupancy permits. Tenant’s failure to obtain such permits shall not cause a delay in the commencement of the Term or the obligation to pay Rent or any other obligations set forth in the Lease. (c) Tenant’s Contractors shall be licensed contractors, possessing good labor relations, capable of performing quality workmanship and working in harmony with Landlord’s contractors and subcontractors and with other contractors and subcontractors in the Building. All work shall be coordinated with any other construction or other work in the Building in order not to adversely affect construction work being performed by or for Landlord or its tenants. (d) Tenant shall use only new, first-class materials in the Work, except where explicitly shown in the Approved Plans. All Work shall be done in a good and workmanlike manner. Tenant shall obtain contractors’ warranties of at least one (1) year duration from the completion of the Work against defects in workmanship and materials on all work performed and equipment installed in the Additional Premises as part of the Work. (e) Tenant and Tenant’s Contractors shall make all commercially reasonable efforts and take all commercially reasonable steps appropriate to assure that all construction activities undertaken comport with the reasonable expectations of all tenants and other occupants of a fully-occupied (or substantially fully occupied) first-class office building and do not unreasonably interfere with the operation of the Building or with other tenants and occupants of the Building. In any event, Tenant shall comply with all reasonable rules and regulations existing from time to time at the Building. Tenant and Tenant’s Contractors shall take all precautionary steps to minimize dust, noise and construction traffic, and to protect their facilities and the facilities of others affected by the Work and to properly police same. Construction equipment and materials are to be kept within the Additional Premises and delivery and loading of equipment and materials shall be done at such locations and at such time as Landlord reasonably shall direct so as not to burden the construction or operation of the Building. If and as reasonably required by Landlord, the Additional Premises shall be sealed off from the balance of the office space on the floor(s) containing the Premises so as to minimize the disbursement of dirt, debris and noise. (f) Landlord shall have the right , after not less than five (5) days notice to Tenant, to order Tenant or any of Tenant’s Contractors who violate the requirements imposed on Tenant or Tenant’s Contractors in performing work to cease work and remove its equipment and employees from the Building. No such action by Landlord shall delay the commencement of the Lease or the obligation to pay Rent or any other obligations therein set forth. (g) Utility costs or charges for any service (including HVAC, hoisting or freight elevator and the like) to the Additional Premises shall be the responsibility of Tenant and shall be paid for by Tenant at Landlord’s standard rates then in effect as provided below. Tenant shall pay for all support services provided by Landlord’s contractors at Tenant’s request or at Landlord’s discretion resulting from breaches or defaults by Tenant under this Work Letter Agreement. For purposes of the Work, Tenant shall have the nonexclusive right to use the Building’s freight elevators subject to availability and scheduling as may be reasonably established by Landlord. Such freight elevator use by Tenant during normal business hours shall be free of charge; provided, however, to the extent Tenant utilizes such freight elevators prior to 8:00 a.m. and after 5:00 p.m. on Monday through Friday and anytime on Saturday, Sunday and holidays, such use shall be at the standard Building charge for after-hours freight elevator service; provided, further, if any other tenant of the Building is also using said freight elevator’s with Tenant after such time periods, then any charge to Tenant shall be apportioned between or among all parties utilizing such freight elevators. Tenant shall arrange and pay for removal of construction debris and shall not place debris in the Building’s waste containers. Subject to space availability and Tenant’s compliance with Landlord’s reasonable rules and regulations, Landlord shall permit Tenant’s Contractors to place waste containers at the Building loading dock for after-hours removal of waste and debris. If required by Landlord, Tenant shall sort and separate its waste and debris for recycling and/or environmental law compliance purposes. (h) Tenant shall permit access to the Additional Premises, and the Work shall be subject to inspection, by Landlord and Landlord’s architects, engineers, contractors and other representatives, at all times during the period in which the Work is being constructed and installed and following completion of the Work. (i) Tenant shall proceed with its work expeditiously, continuously and efficiently, and shall use all commercially reasonable efforts to complete the same on or before the Additional Premises Rent Commencement Date. Tenant shall notify Landlord upon completion of the Work and shall furnish Landlord and Landlord’s title insurance company with such further documentation as may be necessary under the requirements herein. (j) Tenant shall have no authority to deviate from the Approved Plans in performance of the Work, except as approved by Landlord and its designated representative in writing, which approval shall not be unreasonably withheld or delayed. Tenant shall furnish to Landlord “as-built” drawings of the Work within thirty (30) days after completion of the Work. (k) Landlord shall have the right to run utility lines, pipes, conduits, duct work and component parts of all mechanical and electrical systems where necessary or desirable through the Additional Premises, to repair, alter, replace or remove the same, and to require Tenant to install and maintain proper access panels thereto. (l) Tenant shall impose on and enforce all applicable terms of this Work Letter Agreement against Tenant’s architect and Tenant’s Contractors. (m) Tenant and Landlord each acknowledges and agrees that the Work will include any work, both within and outside the Additional Premises, that may be necessary in order for Tenant to use and occupy the Premises.
Appears in 2 contracts
Samples: Lease (Federal Home Loan Bank of Chicago), Lease (Federal Home Loan Bank of Chicago)
STANDARDS OF DESIGN AND CONSTRUCTION AND CONDITIONS OF TENANT’S PERFORMANCE. All work done in or upon the 6th Floor Additional Premises by Tenant shall be done according to the standards set forth in this Paragraph 6, except as the same may be modified in the Approved Plans approved by or on behalf of Landlord and Tenant.:
(a) Tenant’s Approved Plans and all design and construction of the Work shall comply with all applicable statutes, ordinances, regulations, laws, codes and industry standards, including, but not limited to, reasonable requirements of Landlord’s fire insurance underwriters.
(b) Tenant shall, at its own cost and expense (but payable from Landlord’s Contribution), obtain all required building permits and occupancy permits. Tenant’s failure to obtain such permits shall not cause a delay in the commencement of the Term or the obligation to pay Rent or any other obligations set forth in the Lease.
(c) Tenant’s Contractors shall be licensed contractors, possessing good labor relations, capable of performing quality workmanship and working in harmony with Landlord’s contractors and subcontractors and with other contractors and subcontractors in the Building. All work shall be coordinated with any other construction or other work in the Building in order not to adversely affect construction work being performed by or for Landlord or its tenants.
(d) Tenant shall use only new, first-class materials in the Work, except where explicitly shown in the Approved Plans. All Work shall be done in a good and workmanlike manner. Tenant shall obtain contractors’ warranties of at least one (1) year duration from the completion of the Work against defects in workmanship and materials on all work performed and equipment installed in the 6th Floor Additional Premises as part of the Work.
(e) Tenant and Tenant’s Contractors shall make all commercially reasonable efforts and take all commercially reasonable steps appropriate to assure that all construction activities undertaken comport with the reasonable expectations of all tenants and other occupants of a fullyfull-occupied (or substantially fully occupied) first-class office building and do not unreasonably interfere with the operation of the Building or with other tenants and occupants of the Building. In any event, Tenant shall comply with all reasonable rules and regulations existing from time to time at the Building. Tenant and Tenant’s Contractors shall take all precautionary steps to minimize dust, noise and construction traffic, and to protect their facilities and the facilities of others affected by the Work and to properly police same. Construction equipment and materials are to be kept within the 6th Floor Additional Premises and delivery and loading of equipment and materials shall be done at such locations and at such time as Landlord reasonably shall direct so as not to burden the construction or operation of the Building. If and as reasonably required by Landlord, the Additional Premises shall be sealed off from the balance of the office space on the floor(s) containing the Premises so as to minimize the disbursement of dirt, debris and noise.
(f) Landlord shall have the right right, after not less than five (5) days notice to Tenant, to order Tenant or any of Tenant’s Contractors who violate the requirements imposed on Tenant or Tenant’s Contractors in performing work to cease work and remove its equipment and employees from the Building. No such action by Landlord shall delay the commencement of the Lease or the obligation to pay Rent or any other obligations therein set forth.
(g) Utility costs or charges for any service (including HVAC, hoisting or freight elevator and the like) to the 6th Floor Additional Premises shall be the responsibility of Tenant and shall be paid for by Tenant at Landlord’s standard rates then in effect as provided below. Tenant shall pay for all support services provided by Landlord’s contractors at Tenant’s request or at Landlord’s discretion resulting from breaches or defaults by Tenant under this Work Letter Agreement. For purposes of the Work, Tenant shall have the nonexclusive right to use the Building’s freight elevators subject to the availability and scheduling as may be reasonably established by Landlord. Such freight elevator use by Tenant during normal business hours shall be free of charge; provided, however, to the extent Tenant utilizes such freight elevators prior to 8:00 a.m. and after 5:00 p.m. on Monday through Friday and anytime on Saturday, Sunday and holidays, such use shall be at the standard Building charge for after-hours freight elevator service; provided, further, if any other tenant of the Building is also using said freight elevator’s elevators with Tenant after such time periods, then any charge to Tenant shall be apportioned between or among all parties utilizing such freight elevators. Tenant shall arrange and pay for removal of construction debris and shall not place debris in the Building’s waste containers. Subject to space availability and Tenant’s compliance with Landlord’s reasonable rules and regulations, Landlord shall permit Tenant’s Contractors to place waste containers at the Building loading dock for after-hours removal of waste and debris. If required by Landlord, Tenant shall sort and separate its waste and debris for recycling and/or environmental law compliance purposes.
(h) Tenant shall permit access to the 6th Floor Additional Premises, and the Work shall be subject to inspection, by Landlord and Landlord’s architects, engineers, contractors and other representatives, representatives at all an times during the period in which the Work is being constructed and installed and following completion of the Work.
(i) Tenant shall proceed with its work expeditiously, continuously and efficiently, and shall use all commercially reasonable efforts to complete the same on or before the 6th Additional Premises Rent Commencement Date. Tenant shall notify Landlord upon completion of the Work and shall furnish Landlord and Landlord’s title insurance company with such further documentation as may be necessary under the requirements herein.
(j) Tenant shall have no authority to deviate from the Approved Plans in performance of the Work, except as approved by Landlord and its designated representative in writing, which approval shall not be unreasonably withheld or delayed. Tenant shall furnish to Landlord “as-built” drawings of the Work within thirty (30) days after completion of the Work.
(k) Landlord shall have the right to run utility lines, pipes, conduits, duct work and component parts of all mechanical and electrical systems where necessary or desirable through the 6th Floor Additional Premises, to repair, alter, replace or remove the same, and to require Tenant to install and maintain proper access panels thereto.
(l) Tenant shall impose on and enforce all applicable terms of this Work Letter Agreement against Tenant’s architect and Tenant’s Contractors.
(m) Tenant and Landlord each acknowledges and agrees that the Work will include any work, both within and outside the Additional Premises, that may be necessary in order for Tenant to use and occupy the Premises.and
Appears in 2 contracts
Samples: Lease (Federal Home Loan Bank of Chicago), Lease (Federal Home Loan Bank of Chicago)
STANDARDS OF DESIGN AND CONSTRUCTION AND CONDITIONS OF TENANT’S PERFORMANCE. All work done in or upon the Premises by Tenant shall be done according to the standards set forth in this Paragraph 6Section 7, except as the same may be modified in the Approved Plans approved by or on behalf of Landlord and Tenant.
(a) Tenant’s Approved Plans and all design and construction of the Work shall comply with all applicable statutes, ordinances, regulations, laws, codes and industry standards, including, but not limited to, reasonable requirements of Landlord’s fire insurance underwriters.
(b) Tenant shall, at its own cost and expense (but payable from Landlord’s Contribution)expense, obtain all required building permits and occupancy permits. Tenant’s failure to obtain such permits shall not cause a delay in the commencement of the Lease Term or the obligation to pay Rent or any other obligations set forth in the Lease.
(c) Tenant’s Contractors shall be licensed contractors, possessing good labor relations, capable of performing quality workmanship and working in harmony with Landlord’s contractors and subcontractors and with other contractors and subcontractors in the Building. All work shall be coordinated with any other construction or other work in the Building in order not to adversely affect construction work being performed by or for Landlord or its tenants.
(d) Tenant shall use only new, first-class materials in the Work, except where explicitly shown in the Approved Plans. , All Work shall be done in a good and workmanlike manner. Tenant shall obtain contractors’ warranties of at least one (1) year duration from the completion of the Work against defects in workmanship and materials on all work performed and equipment installed in the Additional Premises as part of the Work.
(e) Tenant and Tenant’s Contractors shall make all commercially reasonable efforts and take all commercially reasonable steps appropriate to assure that all construction activities undertaken comport with the reasonable expectations of all tenants and other occupants of a fully-occupied (or substantially fully occupied) first-class office building and do not unreasonably interfere with the operation of the Building or with other tenants and occupants of the Building. In any event, Tenant shall comply with all reasonable rules and regulations existing from time to time at the Building. Tenant and Tenant’s Contractors shall take all precautionary steps to minimize dust, noise and construction traffic, and to protect their facilities and the facilities of others affected by the Work and to properly police same. Construction equipment and materials are to be kept within the Additional Premises and delivery and loading of equipment and materials shall be done at such locations and at such time as Landlord reasonably shall direct so as not to burden the construction or operation of the Building. If and as reasonably required by Landlord, the Additional Premises shall be sealed off from the balance of the office space on the floor(s) containing the Premises so as to minimize the disbursement dispersement of dirt, debris and noise.
(f) Landlord shall have the right , after not less than five (5) days notice to Tenant, to order Tenant or any of Tenant’s Contractors who violate the requirements imposed on Tenant or Tenant’s Contractors in performing work to cease work and remove its equipment and employees from the Building. No such action by Landlord shall delay the commencement of the Lease or the obligation to pay Rent or any other obligations therein set forth.
(g) Utility costs or charges for any service (including HVAC, hoisting or freight elevator and the like) to the Additional Premises shall be the responsibility of Tenant from and shall be paid for by Tenant at Landlord’s standard rates then in effect as provided belowafter the Commencement Date. Tenant shall pay for all support services provided by Landlord’s contractors at Tenant’s written request or at Landlord’s discretion resulting from breaches or defaults by Tenant under this Work Letter Agreement. For purposes All use of freight elevators is subject to scheduling by Landlord and the rules and regulations of the Work, Tenant shall have the nonexclusive right to use the Building’s freight elevators subject to availability and scheduling as may be reasonably established by Landlord. Such freight elevator use by Tenant during normal business hours shall be free of charge; provided, however, to the extent Tenant utilizes such freight elevators prior to 8:00 a.m. and after 5:00 p.m. on Monday through Friday and anytime on Saturday, Sunday and holidays, such use shall be at the standard Building charge for after-hours freight elevator service; provided, further, if any other tenant of the Building is also using said freight elevator’s with Tenant after such time periods, then any charge to Tenant shall be apportioned between or among all parties utilizing such freight elevators. Tenant shall arrange and pay for removal of construction debris and shall not place debris in the Building’s waste containers. Subject to space availability and Tenant’s compliance with Landlord’s reasonable rules and regulations, Landlord shall permit Tenant’s Contractors to place waste containers at the Building loading dock for after-hours removal of waste and debris. If required by LandlordApplicable Law, Tenant shall sort and separate its waste and debris for recycling and/or environmental law compliance purposes.
(h) Tenant shall permit access to the Additional Premises, and the Work shall be subject to inspection, by Landlord and Landlord’s architects, engineers, contractors and other representatives, at all times during the period in which the Work is being constructed and installed and following completion of the Work.
(i) Tenant shall proceed with its work expeditiously, continuously and efficiently, and shall use all commercially reasonable efforts to complete the same on or before the Additional Premises Rent Commencement Date. Tenant shall notify Landlord upon completion of the Work and shall furnish Landlord and Landlord’s title insurance company with such further documentation as may be necessary under the requirements herein.
(j) Tenant shall have no authority to deviate from the Approved Plans in performance of the Work, except as approved authorized by Landlord and its designated representative in writing, writing (which approval shall not be unreasonably conditioned, withheld or delayed). Tenant shall furnish to Landlord “as-built” drawings of the Work within thirty (30) days after completion of the Work.
(k) Landlord shall have the right to run utility lines, pipes, conduits, duct work and component parts of all mechanical and electrical systems where necessary or desirable through the Additional Premises, to repair, alter, replace or remove the same, and to require Tenant to install and maintain proper access panels thereto, provided such work shall be performed at such times in such manner so as to minimize disruption to the conduct of Tenant’s business in the Premises and the construction of Tenant’s Work.
(l) Tenant shall impose on and enforce all applicable terms of this Work Letter Agreement against Tenant’s architect and Tenant’s Contractors.
(m) Tenant and Landlord each acknowledges and agrees that the Work will include any work, both within and outside the Additional Premises, that may be necessary in order for Tenant to use and occupy the Premises.
Appears in 2 contracts
Samples: Office Lease (Arcadia Biosciences, Inc.), Office Lease (Arcadia Biosciences, Inc.)
STANDARDS OF DESIGN AND CONSTRUCTION AND CONDITIONS OF TENANT’S PERFORMANCE. All work done in or upon the Premises by Tenant shall be done according to the standards set forth in this Paragraph 6Section 7, except as the same may be modified in the Approved Plans approved by or on behalf of Landlord and Tenant.
(a) Tenant’s Approved Plans and all design and construction of the Work shall comply with all applicable statutes, ordinances, regulations, laws, codes and industry standards, including, but not limited to, reasonable requirements of Landlord’s fire insurance underwriters.
(b) Tenant shall, at its own cost and expense (but payable from Landlord’s Contribution)expense, obtain all required building permits and occupancy permits. Tenant’s failure to obtain such permits shall not cause a delay in the commencement of the Lease Term or the obligation to pay Rent or any other obligations set forth in the Lease.
(c) Tenant’s Contractors shall be licensed contractors, possessing good labor relations, capable of performing quality workmanship and working in harmony with Landlord’s contractors and subcontractors and with other contractors and subcontractors in the Building. All work shall be coordinated with any other construction or other work in the Building in order not to adversely affect construction work being performed by or for Landlord or its tenants.
(d) Tenant shall use only new, first-class materials in the Work, except where explicitly shown in the Approved Plans. , All Work shall be done in a good and workmanlike manner. Tenant shall obtain contractors’ warranties of at least one (1) year duration from the completion of the Work against defects in workmanship and materials on all work performed and equipment installed in the Additional Premises as part of the Work.
(e) Tenant and Tenant’s Contractors shall make all commercially reasonable efforts and take all commercially reasonable steps appropriate to assure that all construction activities undertaken comport with the reasonable expectations of all tenants and other occupants of a fully-occupied (or substantially fully occupied) first-class office building and do not unreasonably interfere with the operation of the Building or with other tenants and occupants of the Building. In any event, Tenant shall comply with all reasonable rules and regulations existing from time to time at the Building. Tenant and Tenant’s Contractors shall take all precautionary steps to minimize dust, noise and construction traffic, and to protect their facilities and the facilities of others affected by the Work and to properly police same. Construction equipment and materials are to be kept within the Additional Premises and delivery and loading of equipment and materials shall be done at such locations and at such time as Landlord reasonably shall direct so as not to burden the construction or operation of the Building. If and as reasonably required by Landlord, the Additional Premises shall be sealed off from the balance of the office space on the floor(s) containing the Premises so as to minimize the disbursement dispersement of dirt, debris and noise.
(f) Landlord shall have the right , after not less than five (5) days notice to Tenant, to order Tenant or any of Tenant’s Contractors who violate the requirements imposed on Tenant or Tenant’s Contractors in performing work to cease work and remove its equipment and employees from the Building. No such action by Landlord shall delay the commencement of the Lease or the obligation to pay Rent or any other obligations therein set forth.
(g) Utility costs or charges for any service (including HVAC, hoisting or freight elevator and the like) to the Additional Premises shall be the responsibility of Tenant from and shall be paid for by Tenant at Landlord’s standard rates then in effect as provided belowafter the Commencement Date. Tenant shall pay for all support services provided by Landlord’s contractors at Tenant’s written request or at Landlord’s discretion resulting from breaches or defaults by Tenant under this Work Letter Agreement. For purposes All use of freight elevators is subject to scheduling by Landlord and the rules and regulations of the Work, Tenant shall have the nonexclusive right to use the Building’s freight elevators subject to availability and scheduling as may be reasonably established by Landlord. Such freight elevator use by Tenant during normal business hours shall be free of charge; provided, however, to the extent Tenant utilizes such freight elevators prior to 8:00 a.m. and after 5:00 p.m. on Monday through Friday and anytime on Saturday, Sunday and holidays, such use shall be at the standard Building charge for after-hours freight elevator service; provided, further, if any other tenant of the Building is also using said freight elevator’s with Tenant after such time periods, then any charge to Tenant shall be apportioned between or among all parties utilizing such freight elevators. Tenant shall arrange and pay for removal of construction debris and shall not place debris in the Building’s waste containers. Subject to space availability and Tenant’s compliance with Landlord’s reasonable rules and regulations, Landlord shall permit Tenant’s Contractors to place waste containers at the Building loading dock for after-hours removal of waste and debris. If required by LandlordApplicable Law, Tenant shall sort and separate its waste and debris for recycling and/or environmental law compliance purposes.
(h) Tenant shall permit access to the Additional Premises, and the Work shall be subject to inspection, by Landlord and Landlord’s architects, engineers, contractors and other representatives, at all times during the period in which the Work is being constructed and installed and following completion of the Work.
(i) Tenant shall proceed with its work expeditiously, continuously and efficiently, and shall use all commercially reasonable efforts to complete the same on or before the Additional Premises Rent Commencement Date. Tenant shall notify Landlord upon completion of the Work and shall furnish Landlord and Landlord’s title insurance company with such further documentation as may be necessary under the requirements herein.
(j) Tenant shall have no authority to deviate from the Approved Plans in performance of the Work, except as approved by Landlord and its designated representative in writing, which approval shall not be unreasonably withheld or delayed. Tenant shall furnish to Landlord “as-built” drawings of the Work within thirty (30) days after completion of the Work.
(k) Landlord shall have the right to run utility lines, pipes, conduits, duct work and component parts of all mechanical and electrical systems where necessary or desirable through the Additional Premises, to repair, alter, replace or remove the same, and to require Tenant to install and maintain proper access panels thereto.
(l) Tenant shall impose on and enforce all applicable terms of this Work Letter Agreement against Tenant’s architect and Tenant’s Contractors.
(m) Tenant and Landlord each acknowledges and agrees that the Work will include any work, both within and outside the Additional Premises, that may be necessary in order for Tenant to use and occupy the Premises.
Appears in 2 contracts
Samples: Office Lease (Arcadia Biosciences, Inc.), Office Lease (Arcadia Biosciences, Inc.)
STANDARDS OF DESIGN AND CONSTRUCTION AND CONDITIONS OF TENANT’S PERFORMANCE. All work done in or upon the Premises by Tenant shall be done according to the standards set forth in this Paragraph 6, except as the same may be modified in the Approved Plans approved by or on behalf of Landlord and Tenant.
(a) Tenant’s 's Approved Plans and all design and construction of the Work shall comply with all applicable statutes, ordinances, regulations, laws, codes and industry standards, including, but not limited to, reasonable requirements of Landlord’s 's fire insurance underwriters.
(b) Tenant shall, at its own cost and expense (but payable from Landlord’s Contribution)expense, obtain all required building permits and occupancy permits. Tenant’s 's failure to obtain such permits shall not cause a delay in the commencement of the Lease Term or the obligation to pay Rent or any other obligations set forth in the Lease.
(c) Tenant’s 's Contractors shall be licensed contractors, possessing good labor relations, capable of performing quality workmanship and working in harmony with Landlord’s 's contractors and subcontractors and with other contractors and subcontractors in the Building. All work shall be coordinated with any other construction or other work in the Building in order not to adversely affect construction work being performed by or for Landlord or its tenants.
(d) Landlord shall have the right, but not the obligation, to perform, on behalf of and for the account of Tenant, subject to reimbursement by Tenant, any work which pertains to patching of the Work and other work in the Building.
(e) Tenant shall use only new, first-class materials in the Work, except where explicitly shown in the Approved Plans. , All Work shall be done in a good and workmanlike manner. Tenant shall obtain contractors’ ' warranties of at least one (1) year duration from the completion of the Work against defects in workmanship and materials on all work performed and equipment installed in the Additional Premises as part of the Work.
(ef) Tenant and Tenant’s 's Contractors shall make all commercially reasonable efforts and take all commercially reasonable steps appropriate to assure that all construction activities undertaken comport with the reasonable expectations of all tenants and other occupants of a fully-occupied (or substantially fully occupied) first-class office building and do not unreasonably interfere with the operation of the Building or with other tenants and occupants of the Building. In any event, Tenant shall comply with all reasonable rules and regulations existing from time to time at the Building. Tenant and Tenant’s 's Contractors shall take all precautionary steps to minimize dust, noise and construction traffic, and to protect their facilities and the facilities of others affected by the Work and to properly police same. Construction equipment and materials are to be kept within the Additional Premises and delivery and loading of equipment and materials shall be done at such locations and at such time as Landlord reasonably shall direct so as not to burden the construction or operation of the Building. If and as reasonably required by Landlord, the Additional Premises shall be sealed off from the balance of the office space on the floor(s) containing the Premises so as to minimize the disbursement dispersement of dirt, debris and noise.
(fg) Landlord shall have the right , after not less than five (5) days notice to Tenant, to order Tenant or any of Tenant’s 's Contractors who violate the requirements imposed on Tenant or Tenant’s 's Contractors in performing work to cease work and remove its equipment and employees from the Building. No such action by Landlord shall delay the commencement of the Lease or the obligation to pay Rent or any other obligations therein set forth.
(gh) Utility costs or charges for any service (including HVAC, hoisting or freight elevator and the like) to the Additional Premises shall be the responsibility of Tenant from the date Tenant is obligated to commence or commences the Work and shall be paid for by Tenant at Landlord’s 's standard rates then in effect as provided beloweffect. Tenant shall apply and pay for all utility meters required. Tenant shall pay for all support services provided by Landlord’s 's contractors at Tenant’s 's request or at Landlord’s 's discretion resulting from breaches or defaults by Tenant under this Work Letter Agreement. For purposes All use of the Work, Tenant shall have the nonexclusive right to use the Building’s freight elevators is subject to availability and scheduling as may be reasonably established by Landlord. Such freight elevator use by Tenant during normal business hours shall be free of charge; provided, however, to the extent Tenant utilizes such freight elevators prior to 8:00 a.m. and after 5:00 p.m. on Monday through Friday and anytime on Saturday, Sunday and holidays, such use shall be at the standard Building charge for after-hours freight elevator service; provided, further, if any other tenant of the Building is also using said freight elevator’s with Tenant after such time periods, then any charge to Tenant shall be apportioned between or among all parties utilizing such freight elevators. Tenant shall arrange and pay for removal of construction debris and shall not place debris in the Building’s waste containers. Subject to space availability and Tenant’s compliance with Landlord’s reasonable rules and regulations, Landlord shall permit Tenant’s Contractors to place waste containers at the Building loading dock for after-hours removal of waste and debris. If required by Landlord, Tenant shall sort and separate its waste and debris for recycling and/or environmental law compliance purposes.
(h) Tenant shall permit access to the Additional Premises, and the Work shall be subject to inspection, by Landlord and Landlord’s architects, engineers, contractors the rules and other representatives, at all times during the period in which the Work is being constructed and installed and following completion regulations of the Work.
(i) Tenant shall proceed with its work expeditiously, continuously and efficiently, and shall use all commercially reasonable efforts to complete the same on or before the Additional Premises Rent Commencement Date. Tenant shall notify Landlord upon completion of the Work and shall furnish Landlord and Landlord’s title insurance company with such further documentation as may be necessary under the requirements herein.
(j) Tenant shall have no authority to deviate from the Approved Plans in performance of the Work, except as approved by Landlord and its designated representative in writing, which approval shall not be unreasonably withheld or delayed. Tenant shall furnish to Landlord “as-built” drawings of the Work within thirty (30) days after completion of the Work.
(k) Landlord shall have the right to run utility lines, pipes, conduits, duct work and component parts of all mechanical and electrical systems where necessary or desirable through the Additional Premises, to repair, alter, replace or remove the same, and to require Tenant to install and maintain proper access panels thereto.
(l) Tenant shall impose on and enforce all applicable terms of this Work Letter Agreement against Tenant’s architect and Tenant’s Contractors.
(m) Tenant and Landlord each acknowledges and agrees that the Work will include any work, both within and outside the Additional Premises, that may be necessary in order for Tenant to use and occupy the Premises.the
Appears in 1 contract
Samples: Industrial Lease (Brightpoint Inc)
STANDARDS OF DESIGN AND CONSTRUCTION AND CONDITIONS OF TENANT’S PERFORMANCE. All work done in or upon the Premises by Tenant shall be done according to the standards set forth in this Paragraph 6, except as the same may be modified in the Approved Plans approved by or on behalf of Landlord and Tenant.
(a) Tenant’s 's Approved Plans and all design and construction of the Work shall comply with all applicable statutes, ordinances, regulations, laws, codes and industry standards, including, but not limited to, reasonable requirements of Landlord’s 's fire insurance underwriters.
(b) Tenant shall, at its own cost and expense (but payable from Landlord’s Contribution)expense, obtain all required building permits and occupancy permits. Tenant’s 's failure to obtain such permits shall not cause a delay in the commencement of the Lease Term or the obligation to pay Rent or any other obligations set forth in the Lease.
(c) Tenant’s 's Contractors shall be licensed contractors, possessing good labor relations, capable of performing quality workmanship and working in harmony with Landlord’s 's contractors and subcontractors and with other contractors and subcontractors in the Building. All work shall be coordinated with any other construction or other work in the Building in order not to adversely affect construction work being performed by or for Landlord or its tenants.
(d) Landlord shall have the right, but not the obligation, to perform, on behalf of and for the account of Tenant, subject to reimbursement by Tenant, any work which pertains to patching of the Work and other work in the Building.
(e) Tenant shall use only new, first-class materials in the Work, except where explicitly shown in the Approved Plans. , All Work shall be done in a good and workmanlike manner. Tenant shall obtain contractors’ ' warranties of at least one (1) year duration from the completion of the Work against defects in workmanship and materials on all work performed and equipment installed in the Additional Premises as part of the Work.
(ef) Tenant and Tenant’s 's Contractors shall make all commercially reasonable efforts and take all commercially reasonable steps appropriate to assure that all construction activities undertaken comport with the reasonable expectations of all tenants and other occupants of a fully-occupied (or substantially fully occupied) first-class office building and do not unreasonably interfere with Tenant Landlord -s- [ILLEGIBLE] -s- [ILLEGIBLE] the operation of the Building or with other tenants and occupants of the Building. In any event, Tenant shall comply with all reasonable rules and regulations existing from time to time at the Building. Tenant and Tenant’s 's Contractors shall take all precautionary steps to minimize dust, noise and construction traffic, and to protect their facilities and the facilities of others affected by the Work and to properly police same. Construction equipment and materials are to be kept within the Additional Premises and delivery and loading of equipment and materials shall be done at such locations and at such time as Landlord reasonably shall direct so as not to burden the construction or operation of the Building. If and as reasonably required by Landlord, the Additional Premises shall be sealed off from the balance of the office space on the floor(s) containing the Premises so as to minimize the disbursement of dirt, debris and noise.
(fg) Landlord shall have the right , after not less than five (5) days notice to Tenant, to order Tenant or any of Tenant’s 's Contractors who violate the requirements imposed on Tenant or Tenant’s 's Contractors in performing work to cease work and remove its equipment and employees from the Building. No such action by Landlord shall delay the commencement of the Lease or the obligation to pay Rent or any other obligations therein set forth.
(gh) Utility costs or charges for any service (including HVAC, hoisting or freight elevator and the like) to the Additional Premises shall be the responsibility of Tenant from the date Tenant is obligated to commence or commences the Work and shall be paid for by Tenant at Landlord’s 's standard rates then in effect as provided beloweffect. Tenant shall apply and pay for all utility meters required. Tenant shall pay for all support services provided by Landlord’s 's contractors at Tenant’s 's request or at Landlord’s 's discretion resulting from breaches or defaults by Tenant under this Work Letter Agreement. For purposes All use of freight elevators is subject to scheduling by Landlord and the rules and regulations of the Work, Tenant shall have the nonexclusive right to use the Building’s freight elevators subject to availability and scheduling as may be reasonably established by Landlord. Such freight elevator use by Tenant during normal business hours shall be free of charge; provided, however, to the extent Tenant utilizes such freight elevators prior to 8:00 a.m. and after 5:00 p.m. on Monday through Friday and anytime on Saturday, Sunday and holidays, such use shall be at the standard Building charge for after-hours freight elevator service; provided, further, if any other tenant of the Building is also using said freight elevator’s with Tenant after such time periods, then any charge to Tenant shall be apportioned between or among all parties utilizing such freight elevators. Tenant shall arrange and pay for removal of construction debris and shall not place debris in the Building’s 's waste containers. Subject to space availability and Tenant’s compliance with Landlord’s reasonable rules and regulations, Landlord shall permit Tenant’s Contractors to place waste containers at the Building loading dock for after-hours removal of waste and debris. If required by Landlord, Tenant shall sort and separate its waste and debris for recycling and/or environmental law compliance purposes.
(hi) Tenant shall permit access to the Additional Premises, and the Work shall be subject to inspection, by Landlord and Landlord’s 's architects, engineers, contractors and other representatives, at all times during the period in which the Work is being constructed and installed and following completion of the Work.
(ij) Tenant shall proceed with its work expeditiously, continuously and efficiently, and shall use all commercially reasonable its best efforts to complete the same on or before Twenty One (21) days after the Additional date Landlord tenders possession of the Premises Rent Commencement Dateto Tenant for the construction of the Work. Tenant shall notify Landlord upon completion of the Work and shall furnish Landlord and Landlord’s 's title insurance company with such further documentation as may be necessary under the requirements hereinParagraphs 8 and 9 below.
(jk) Tenant shall have no authority to deviate from the Approved Plans in performance of the Work, except as approved authorized by Landlord and its designated representative in writing, which approval shall not be unreasonably withheld or delayed. Tenant shall furnish to Landlord “"as-built” " drawings of the Work within thirty (30) days after completion of the Work.
(kl) Landlord shall have the right to run utility lines, pipes, conduits, duct work and component parts of all mechanical and electrical systems where necessary or desirable through the Additional Premises, to repair, alter, replace or remove the same, and to require Tenant to install and maintain proper access panels thereto.
(lm) Tenant shall impose on and enforce all applicable terms of this Work Letter Agreement against Tenant’s 's architect and Tenant’s 's Contractors.
(m) Tenant and Landlord each acknowledges and agrees that the Work will include any work, both within and outside the Additional Premises, that may be necessary in order for Tenant to use and occupy the Premises.
Appears in 1 contract
Samples: Retail Lease (Nara Bancorp Inc)
STANDARDS OF DESIGN AND CONSTRUCTION AND CONDITIONS OF TENANT’S PERFORMANCE. All work done in or upon the Premises by Tenant shall be done according to the standards set forth in this Paragraph 64, except as the same may be modified in the Approved Plans approved by or on behalf of Landlord and Tenant.
(a) Tenant’s Approved Plans and all design and construction of the The Work shall comply with all applicable statutes, ordinances, regulations, laws, codes and industry standards, including, but not limited to, reasonable requirements of Landlord’s fire insurance underwriters.
(b) Tenant shall, at its own cost and expense (but payable from Landlord’s Contribution)expense, obtain all required building permits and occupancy permits. Tenant’s failure to obtain such permits shall not cause a delay in the commencement of the Lease Term or the obligation to pay Rent or any other obligations set forth in the Lease.
(c) Tenant’s Contractors shall be licensed contractors, possessing good labor relations, capable of performing quality workmanship and working in harmony with Landlord’s contractors and subcontractors and with other contractors and subcontractors in the Building. All work shall be coordinated with any other construction or other work in the Building in order not to adversely affect construction work being performed by or for Landlord or its tenants.
(d) Landlord shall have the right, but not the obligation, to perform, on behalf of and for the account of Tenant, subject to reimbursement by Tenant, any work which pertains to patching of the Work and other work in the Building.
(e) Tenant shall use only new, first-class materials consistent with the Building’s standard material in the Work, except where explicitly shown in the Approved Plans. All Work shall be done in a good and workmanlike manner. Tenant shall obtain contractors’ warranties of at least one (1) year duration from the completion of the Work against defects in workmanship and materials on all work performed and equipment installed in the Additional Premises as part of the Work.
(ef) Tenant and Tenant’s Contractors shall make all commercially reasonable efforts and take all commercially reasonable steps appropriate to assure that all construction activities undertaken comport with the reasonable expectations of all tenants and other occupants of a fully-occupied (or substantially fully occupied) first-class office building and do not unreasonably interfere with the operation of the Building or with other tenants and occupants of the Building. In any event, Tenant shall comply with all reasonable rules and regulations existing from time to time at the Building. Tenant and Tenant’s Contractors shall take all precautionary steps to minimize dust, noise and construction traffic, and to protect their facilities and the facilities of others affected by the Work and to properly police same. Construction equipment and materials are to be kept within the Additional Premises and delivery and loading of equipment and materials shall be done at such locations and at such time as Landlord reasonably shall direct so as not to burden the construction or operation of the Building. If and as reasonably required by Landlord, the Additional Premises shall be sealed off from the balance of the office space on the floor(s) containing the Premises so as to minimize the disbursement of dirt, debris and noise.
(fg) Landlord shall have the right , after not less than five (5) days notice to Tenant, to order Tenant or any of Tenant’s Contractors who violate the requirements imposed on Tenant or Tenant’s Contractors in performing work to cease work and remove its equipment and employees from the Building. No such action by Landlord shall delay the commencement of the Lease or the obligation to pay Rent or any other obligations therein set forth.
(gh) Utility Any above-standard utility costs or charges for any service (including HVAC, hoisting or freight elevator and the like) to the Additional Premises shall be the responsibility of Tenant from the date Tenant is obligated to commence or commences the Work and shall be paid for by Tenant at Landlord’s standard rates then in effect as provided beloweffect. Tenant shall apply and pay for all utility meters required. Tenant shall pay for all support services provided by Landlord’s contractors at Tenant’s request or at Landlord’s discretion resulting from breaches or defaults by Tenant under this Work Letter Agreement. For purposes All use of freight elevators is subject to scheduling by Landlord and the rules and regulations of the Work, Tenant shall have the nonexclusive right to use the Building’s freight elevators subject to availability and scheduling as may be reasonably established by Landlord. Such freight elevator use by Tenant during normal business hours shall be free of charge; provided, however, to the extent Tenant utilizes such freight elevators prior to 8:00 a.m. and after 5:00 p.m. on Monday through Friday and anytime on Saturday, Sunday and holidays, such use shall be at the standard Building charge for after-hours freight elevator service; provided, further, if any other tenant of the Building is also using said freight elevator’s with Tenant after such time periods, then any charge to Tenant shall be apportioned between or among all parties utilizing such freight elevators. Tenant shall arrange and pay for removal of construction debris and shall not place debris in the Building’s waste containers. Subject to space availability and Tenant’s compliance with Landlord’s reasonable rules and regulations, Landlord shall permit Tenant’s Contractors to place waste containers at the Building loading dock for after-hours removal of waste and debris. If required by Landlord, Tenant shall sort and separate its waste and debris for recycling and/or environmental law compliance purposes.
(hi) Tenant shall permit access to the Additional Premises, and the Work shall be subject to inspection, by Landlord and Landlord’s architects, engineers, contractors and other representatives, at all times during the period in which the Work is being constructed and installed and following completion of the Work.
(ij) Tenant shall proceed with its work expeditiously, continuously and efficiently, and shall use all commercially reasonable its best efforts to complete the same on or before the Additional Premises Rent Commencement Date(i) July 1, 2014 for Suite 400; and (iii) August 1, 2014 for Suite 606 and 690. Tenant shall notify Landlord upon completion of the Work and shall furnish Landlord and Landlord’s title insurance company with such further documentation as may be necessary under Paragraphs 5 and 6 below. Notwithstanding the requirements hereinforegoing, Tenant shall pay Base Rent for Suites 400, 606 and 690 commencing from the Suites 400/606/690 Commencement Date regardless of the date Tenant completes the Work.
(jk) Tenant shall have no authority to deviate from the Approved Plans in performance of the Work, except as approved authorized by Landlord and its designated representative in writing, which approval shall not be unreasonably withheld or delayed. Tenant shall furnish to Landlord “as-built” drawings of the Work within thirty (30) days after completion of the Work.
(kl) Landlord shall have the right to run utility lines, pipes, conduits, duct work and component parts of all mechanical and electrical systems where necessary or desirable through the Additional Premises, to repair, alter, replace or remove the same, and to require Tenant to install and maintain proper access panels thereto.
(lm) Tenant shall impose on and enforce all applicable terms of this Work Letter Agreement against Tenant’s architect and Tenant’s Contractors.
(mn) Tenant and Landlord each acknowledges Tenant’s contractors shall have use of the freight elevators during the construction period at no cost. Additionally, Tenant and agrees that the Work will include any workTenant’s contractors shall have use of parking at no cost, both within and outside the Additional Premises, that may which such parking space shall be necessary in order for Tenant to use and occupy the Premisesdesignated by Landlord.
Appears in 1 contract
Samples: Office Lease (Wilshire Bancorp Inc)
STANDARDS OF DESIGN AND CONSTRUCTION AND CONDITIONS OF TENANT’S PERFORMANCE. All work done in or upon the Premises by Tenant shall be done according to the standards set forth in this Paragraph 6, except as the same may be modified in the Approved Plans approved by or on behalf of Landlord and Tenant.
(a) Tenant’s Approved Plans and all design and construction of the Work shall comply with all applicable statutes, ordinances, regulations, laws, codes and industry standards, including, but not limited to, reasonable requirements of Landlord’s fire insurance underwriters.
(b) Tenant shall, at its own cost and expense (but payable from expense, which shall be included as part of Landlord’s ContributionContribution under Paragraph 8(a), obtain all required building permits and occupancy permits. Tenant’s failure to obtain such permits shall not cause a delay in the commencement of the Term or the obligation to pay Rent or any other obligations set forth in the Lease.
(c) Tenant’s Contractors shall be licensed contractors, possessing good labor relations, capable of performing quality workmanship and working in harmony with Landlord’s contractors and subcontractors and with other contractors and subcontractors in the Building. All work shall be coordinated with any other construction or other work in the Building in order not to adversely affect construction work being performed by or for Landlord or its tenants.
(d) If the Work is not completed in accordance with the Approved Plans and the terms of this Work Letter Agreement, then Landlord shall have the right, but not the obligation, to perform, on behalf of and for the account of Tenant, any work which pertains to patching of the Work. If the cost to Landlord would cause Landlord to incur expenditures in excess of Landlord’s Contribution set forth in Paragraph 8(a), then Tenant shall promptly reimburse Landlord for such excess costs.
(e) Tenant shall use only new, first-class materials in the Work, except where explicitly shown in the Approved Plans. All Work shall be done in a good and workmanlike manner. Tenant shall obtain contractors’ warranties of at least one (1) year duration from the completion of the Work against defects in workmanship and materials on all work performed and equipment installed in the Additional Premises as part of the Work.
(ef) Tenant and Tenant’s Contractors shall make all commercially reasonable efforts and take all commercially reasonable steps appropriate to assure that all construction activities undertaken comport with the reasonable expectations of all tenants and other occupants of a fully-occupied (or substantially fully occupied) first-class office institutional grade bulk warehouse building and do not unreasonably interfere with the operation of the Building or with other tenants and occupants of the Building. In any event, Tenant shall comply with all reasonable rules and regulations existing from time to time at the Building. Tenant and Tenant’s Contractors shall take all precautionary steps to minimize dust, noise and construction traffic, and to protect their facilities and the facilities of others affected by the Work and to properly police same. Construction equipment and materials are to be kept within the Additional Premises and delivery and loading of equipment and materials shall be done at such locations and at such time as Landlord reasonably shall direct so as not to burden the construction or operation of the Building. If and as reasonably required by Landlord, the Additional Premises shall be sealed off from the balance of the office space on the floor(s) containing the Premises so as to minimize the disbursement of dirt, debris and noise.
(fg) Landlord shall have the right , after not less than five (5) days notice to Tenant, to order Tenant or any of Tenant’s Contractors who violate the requirements imposed on Tenant or Tenant’s Contractors in performing work to cease work and remove its equipment and employees from the Building. No such action by Landlord shall delay the commencement of the Lease or the obligation to pay Rent or any other obligations therein set forth.
(gh) Utility costs or charges for any service (including HVAC, hoisting or freight elevator All use of common areas is subject to scheduling by Landlord and the like) to the Additional Premises shall be the responsibility of Tenant rules and shall be paid for by Tenant at Landlord’s standard rates then in effect as provided below. Tenant shall pay for all support services provided by Landlord’s contractors at Tenant’s request or at Landlord’s discretion resulting from breaches or defaults by Tenant under this Work Letter Agreement. For purposes regulations of the Work, Tenant shall have the nonexclusive right to use the Building’s freight elevators subject to availability and scheduling as may be reasonably established by Landlord. Such freight elevator use by Tenant during normal business hours shall be free of charge; provided, however, to the extent Tenant utilizes such freight elevators prior to 8:00 a.m. and after 5:00 p.m. on Monday through Friday and anytime on Saturday, Sunday and holidays, such use shall be at the standard Building charge for after-hours freight elevator service; provided, further, if any other tenant of the Building is also using said freight elevator’s with Tenant after such time periods, then any charge to Tenant shall be apportioned between or among all parties utilizing such freight elevators. Tenant shall arrange and pay for removal of construction debris and shall not place debris in the Building’s waste containers. Subject to space availability and Tenant’s compliance with Landlord’s reasonable rules and regulations, Landlord shall permit Tenant’s Contractors to place waste containers at the Building loading dock for after-hours removal of waste and debris. If required by Landlord, Tenant shall sort and separate its waste and debris for recycling and/or environmental law compliance purposes.
(hi) Tenant shall permit access to the Additional Premises, and the Work shall be subject to inspection, by Landlord and Landlord’s architects, engineers, contractors and other representatives, at all times during the period in which the Work is being constructed and installed and following completion of the Work.
(ij) Tenant shall proceed with its work expeditiously, continuously and efficiently, and shall use all commercially reasonable its best efforts to complete the same on or before the Additional Premises Rent Commencement DateDecember 31, 2005. Tenant shall notify Landlord upon completion of the Work and shall furnish Landlord and Landlord’s title insurance company with such further documentation as may be necessary under the requirements hereinParagraphs 8 and 9 below.
(jk) Tenant shall have no authority to deviate from the Approved Plans in performance of the Work, except as approved authorized by Landlord and its designated representative in writing, which approval shall not be unreasonably withheld or delayed. Tenant shall furnish to Landlord “as-built” drawings of the Work within thirty (30) days after completion of the Work.
(k) Landlord shall have the right to run utility lines, pipes, conduits, duct work and component parts of all mechanical and electrical systems where necessary or desirable through the Additional Premises, to repair, alter, replace or remove the same, and to require Tenant to install and maintain proper access panels thereto.
(l) Tenant shall impose on and enforce all applicable terms of this Work Letter Agreement against Tenant’s architect and Tenant’s Contractors.
(m) Tenant and Landlord each acknowledges and agrees that the Work will include any work, both within and outside the Additional Premises, that may be necessary in order for Tenant to use and occupy the Premises.
Appears in 1 contract
Samples: Lease (Electronic Arts Inc)
STANDARDS OF DESIGN AND CONSTRUCTION AND CONDITIONS OF TENANT’S PERFORMANCE. All work done in or upon the Premises by Tenant shall be done according to the standards set forth in this Paragraph 6, except as the same may be modified in the Approved Plans Work Specifications approved by or on behalf of Landlord and Tenant.
(a) Tenant’s Approved Plans Work Specifications and all design and construction of the Work shall comply with all applicable statutes, ordinances, regulations, laws, codes and industry standards, including, but not limited to, reasonable requirements of Landlord’s fire insurance underwriters.
(b) Tenant shall, at its own cost and expense (but payable from Landlord’s Contribution)expense, obtain all required building permits and occupancy permits. Tenant’s failure to obtain such permits shall not cause a delay in the commencement of the Lease Term or the obligation to pay Rent or any other obligations set forth in the Lease.
(c) Tenant’s Contractors shall be licensed contractors, possessing good labor relations, capable of performing quality workmanship and working in harmony with Landlord’s contractors and subcontractors and with other contractors and subcontractors in the Building. All work shall be coordinated with any other construction or other work in the Building in order not to adversely affect construction work being performed by or for Landlord or its tenants.
(d) Landlord shall have the right, but not the obligation, to perform, on behalf of and for the account of Tenant, subject to reimbursement by Tenant, any work which pertains to patching of the Work and other work in the Building.
(e) Tenant shall use only new, first-class materials in the Work, except where explicitly shown in the Approved Plans. Work Specifications, All Work shall be done in a good and workmanlike manner. Tenant shall obtain contractors’ warranties of at least one (1) year duration from the completion of the Work against defects in workmanship and materials on all work performed and equipment installed in the Additional Premises as part of the Work.
(ef) Tenant and Tenant’s Contractors shall make all commercially reasonable efforts and take all commercially reasonable steps appropriate to assure that all construction activities undertaken comport with the reasonable expectations of all tenants and other occupants of a fully-occupied (or substantially fully occupied) first-class office building and do not unreasonably interfere with the operation of the Building or with other tenants and occupants of the Building. In any event, Tenant shall comply with all reasonable rules and regulations existing from time to time at the Building. Tenant and Tenant’s Contractors shall take all precautionary steps to minimize dust, noise and construction traffic, and to protect their facilities and the facilities of others affected by the Work and to properly police same. Construction equipment and materials are to be kept within the Additional Premises and delivery and loading of equipment and materials shall be done at such locations and at such time as Landlord reasonably shall direct so as not to burden the construction or operation of the Building. If and as reasonably required by Landlord, the Additional Premises shall be sealed off from the balance of the office space on the floor(s) containing the Premises so as to minimize the disbursement dispursement of dirt, debris and noise.
(fg) Landlord shall have the right , after not less than five (5) days notice to Tenant, to order Tenant or any of Tenant’s Contractors who violate the requirements imposed on Tenant or Tenant’s Contractors in performing work to cease work and remove its equipment and employees from the Building. No such action by Landlord shall delay the commencement of the Lease or the obligation to pay Rent or any other obligations therein set forth.
(gh) Utility costs or charges for any service (including HVAC, hoisting or freight elevator and the like) to the Additional Premises shall be the responsibility of Tenant from the date Tenant is obligated to commence or commences the Work and shall be paid for by Tenant at Landlord’s standard rates then in effect as provided beloweffect. Tenant shall apply and pay for all utility meters required. Tenant shall pay for all support services provided by Landlord’s contractors at Tenant’s request or at Landlord’s discretion resulting from breaches or defaults by Tenant under this Work Letter Agreement. For purposes All use of freight elevators is subject to scheduling by Landlord and the rules and regulations of the Work, Tenant shall have the nonexclusive right to use the Building’s freight elevators subject to availability and scheduling as may be reasonably established by Landlord. Such freight elevator use by Tenant during normal business hours shall be free of charge; provided, however, to the extent Tenant utilizes such freight elevators prior to 8:00 a.m. and after 5:00 p.m. on Monday through Friday and anytime on Saturday, Sunday and holidays, such use shall be at the standard Building charge for after-hours freight elevator service; provided, further, if any other tenant of the Building is also using said freight elevator’s with Tenant after such time periods, then any charge to Tenant shall be apportioned between or among all parties utilizing such freight elevators. Tenant shall arrange and pay for removal of construction debris and shall not place debris in the Building’s waste containers. Subject to space availability and Tenant’s compliance with Landlord’s reasonable rules and regulations, Landlord shall permit Tenant’s Contractors to place waste containers at the Building loading dock for after-hours removal of waste and debris. If required by Landlord, Tenant shall sort and separate its waste and debris for recycling and/or environmental law compliance purposes.
(hi) Tenant shall permit access to the Additional Premises, and the Work shall be subject to inspection, by Landlord and Landlord’s architects, engineers, contractors and other representatives, at all times during the period in which the Work is being constructed and installed and following completion of the Work.
(ij) Subject to Section 1.05 of the Lease, Tenant shall proceed with its work expeditiously, continuously and efficiently, and shall use all commercially reasonable its best efforts to complete the same on or before One Hundred Twenty (120) days after the Additional date Landlord tenders possession of the Premises Rent Commencement Dateto Tenant for the construction of the Work. Tenant shall notify Landlord upon completion of the Work and shall furnish Landlord and Landlord’s title insurance company with such further documentation as may be necessary under the requirements hereinParagraph 8 below.
(jk) Tenant shall have no authority to deviate from the Approved Plans Work Specifications in performance of the Work, except as approved authorized by Landlord and its designated representative in writing, which approval shall not be unreasonably withheld or delayed. Tenant shall furnish to Landlord “as-built” drawings of the Work within thirty (30) days after completion of the Work.
(kl) Landlord shall have the right to run utility lines, pipes, conduits, duct work and component parts of all mechanical and electrical systems where necessary or desirable through the Additional Premises, to repair, alter, replace or remove the same, and to require Tenant to install and maintain proper access panels thereto.
(lm) Tenant shall impose on and enforce all applicable terms of this Work Letter Agreement against Tenant’s architect and Tenant’s Contractors.
(m) Tenant and Landlord each acknowledges and agrees that the Work will include any work, both within and outside the Additional Premises, that may be necessary in order for Tenant to use and occupy the Premises.
Appears in 1 contract
STANDARDS OF DESIGN AND CONSTRUCTION AND CONDITIONS OF TENANT’S PERFORMANCE. All work done in or upon the Premises Substitution Space by Tenant shall be done according to the standards set forth in this Paragraph Article 6, except as the same may be modified in the Approved Plans approved by or on behalf of both Landlord and Tenant.
(a) Tenant’s Approved Plans and all design and construction of the Work Leasehold Improvements shall comply with all applicable statutes, ordinances, regulations, Requirements. Approval by Landlord of the Plans shall not constitute a waiver of this requirement or assumption by Landlord of responsibility for compliance. Where several sets of the foregoing laws, codes and industry standardsstandards must be met, includingthe strictest shall apply where not prohibited by another law, but not limited to, reasonable requirements of Landlord’s fire insurance underwriterscode or standard.
(b) Tenant shall, at its own cost and expense (expense, but payable from subject to payment by Landlord of Landlord’s Contribution), obtain all required building permits and, when construction has been completed, shall, at its own cost and expense, obtain an occupancy permitspermit for the Substitution Space, which shall be delivered to Landlord. Tenant’s failure to obtain such permits shall not cause a delay in the commencement of the Term Commencement Date, or the obligation to pay payment of Rent or any and performance of other obligations set forth in under the Lease.
(c) Tenant’s Contractors shall be licensed contractors, possessing good labor relations, capable of performing quality workmanship and working in harmony with Landlord’s contractors and subcontractors and with other contractors and subcontractors in workmanship. Tenant shall only use union labor for the Buildingperformance of the Leasehold Improvements. All work shall be coordinated with any other construction or other work in the Building in order not to adversely affect construction work being performed by or for Landlord or its tenants, it being understood that in the event of any conflict, Landlord and its contractors and subcontractors shall have priority over Tenant and Tenant’s Contractors; provided, however, notwithstanding such priority, Landlord shall not unreasonably interfere with Tenant’s Contractors in the performance of the Leasehold Improvements.
(d) Landlord shall have the right, but not the obligation, upon written notice to Tenant, except in the case of an emergency, to perform, on behalf of and for the account of Tenant, subject to reimbursement by Tenant, any work (i) which Landlord deems necessary to be done on an emergency basis or (ii) which pertains to structural components, Building systems or the general utility systems for the Building or (iii) which pertains to the erection of temporary safety barricades or signs during construction or (iv) which pertains to connecting the Leasehold Improvements with any other work in the Building.
(e) Tenant shall use only new, first-class materials in the WorkLeasehold Improvements generally of a quality level of Building Standard, except where explicitly shown in the Approved PlansPlans approved by Landlord and Tenant. All Work Tenant shall, promptly after Tenant’s receipt of the same, deliver copies of all warranties obtained by Tenant in connection with the Leasehold Improvements. Such warranties shall be done in a good and workmanlike mannerenforceable by Landlord. Tenant In no event shall obtain contractors’ warranties of at least one (1) year duration from the completion of the Work against Landlord be responsible for any defects in workmanship and materials on all work performed and equipment installed in the Additional Premises as part of the WorkLeasehold Improvements.
(ef) Tenant and Tenant’s Contractors, in performing work, shall not unreasonably interfere with other tenants and occupants of the Building. Tenant and Tenant’s Contractors shall make all commercially reasonable efforts and take all commercially reasonable steps appropriate to assure that all construction activities undertaken comport with the reasonable expectations of all tenants and other occupants of in a fully-occupied (or substantially fully occupied) first-class office building and do so as not unreasonably to materially interfere with the operation of the Building or with other tenants and occupants of the Building. In shall, in any event, Tenant shall comply with all other reasonable rules and regulations existing from time to time at the Building. Tenant and Tenant’s Contractors shall take all commercially reasonable precautionary steps to minimize dust, noise and construction traffic, and to protect their facilities and the facilities of others affected by the Work Leasehold Improvements and to properly police same. Construction equipment and materials are to be kept within the Additional Premises Substitution Space and delivery and loading of equipment and materials shall be done at such locations and at such time as Landlord shall reasonably shall direct so as not to burden the construction or operation of the Building. If and as reasonably required by Landlord, the Additional Premises shall be sealed off from the balance of the office space on the floor(s) containing the Premises so as to minimize the disbursement of dirt, debris and noise.
(fg) Landlord shall have the right , after not less than five (5) days notice to Tenant, to order Tenant or any of Tenant’s Contractors who violate the requirements imposed on Tenant or Tenant’s Contractors in performing work to cease work and remove its equipment and employees from the Building. Notwithstanding the foregoing to the contrary, Landlord agrees to give Tenant at least two (2) Business Days written notice prior to requiring Tenant’s contractors to cease work and remove its employees and equipment from the Building, except in the event of an emergency where no such prior notice shall be required. No such action by Landlord shall delay the commencement Commencement Date, the payment of the Lease or the obligation to pay Rent or any and performance of other obligations therein set forthunder the Lease, or otherwise subject Landlord to any liability of any kind.
(gh) Utility costs or charges for any service (including HVAC, hoisting or freight elevator and the like) Electricity to the Additional Premises Substitution Space shall be the responsibility of Tenant from the date Tenant takes actual possession of the Substitution Space in connection with the Leasehold Improvements, and shall be paid for by Tenant at Landlord’s standard rates then directly to the applicable service provider. Landlord shall ensure that electrical use in effect as provided belowthe Substitution Space is separately metered. Tenant Use of freight elevators is subject to scheduling by Landlord and reasonable use by other tenants, but Landlord shall pay for all support services provided by Landlord’s contractors at use commercially reasonable efforts to coordinate and permit Tenant’s request or at Landlord’s discretion resulting from breaches or defaults by Tenant under this Work Letter Agreement. For purposes use of such elevators in connection with the WorkLeasehold Improvements, Tenant shall have the nonexclusive right to use the Building’s freight elevators subject to availability and scheduling as may be reasonably established by Landlord. Such freight elevator use by Tenant during normal business hours shall be free of charge; provided, however, to the extent Tenant utilizes such freight elevators prior to 8:00 a.m. and after 5:00 p.m. on Monday through Friday and anytime on Saturday, Sunday and holidays, such use shall be at no additional cost to Tenant during the standard Building charge for after-hours performance of the Leasehold Improvements (provided, however, if Tenant requires the use of the freight elevator service; provided, further, if any other tenant outside of the hours of 7am through 7pm, Monday through Friday and such after hour use requires a Building is also using said freight elevator’s with Tenant after such time periodsengineer to be present, then any charge to Tenant shall be apportioned between or among all parties utilizing responsible for the overtime charges for such freight elevatorsengineer). Tenant shall arrange and pay for removal of construction debris and shall not place debris in the Building’s waste containers. Subject to space availability and Landlord, at Tenant’s compliance with Landlord’s reasonable rules request, will arrange for removal of debris and regulationsother trash, Landlord shall permit at Tenant’s Contractors to place waste containers at the Building loading dock for after-hours removal of waste and debris. If required by Landlord, Tenant shall sort and separate its waste and debris for recycling and/or environmental law compliance purposessole cost.
(hi) Tenant shall permit access to the Additional PremisesSubstitution Space, and the Work Leasehold Improvements shall be subject to inspection, by Landlord and Landlord’s architects, engineers, contractors and other representatives, at all reasonable times during the period in which the Work is Leasehold Improvements are being constructed and installed and following completion of the WorkLeasehold Improvements.
(ij) Tenant shall proceed with its work expeditiously, continuously and efficiently, from and shall use all commercially reasonable efforts to complete after the same on or before the Additional Premises Rent Commencement Datedate of this Lease. Tenant shall notify Landlord upon completion of the Work Leasehold Improvements and shall furnish Landlord and Landlord’s title insurance company (if applicable) with such further documentation as may be reasonably necessary under the requirements hereinArticle 8 below.
(jk) Tenant shall have no authority to deviate from the Approved Plans in performance of the WorkLeasehold Improvements, except as approved for cosmetic changes and changes authorized by Landlord and its designated representative in writing. Additionally, which approval Tenant shall not be unreasonably withheld or delayedfurnish Landlord with copies of all warranties, guarantees and operating manuals related to the Leasehold Improvements. Tenant shall furnish to Landlord “as-built” drawings of the Work Leasehold Improvements consisting of final field-marked drawings of the installed condition of each component of the Leasehold Improvements completed from the Plans marked up daily in the field by the various trades. Such final field-marked drawings shall be submitted in a final package by Tenant’s general contractor to Landlord within thirty ninety (3090) days after completion of the WorkLeasehold Improvements. Landlord may retain up to $25,000.00 from Landlord’s Contribution (and not disburse same to Tenant) until such final field-marked drawings have been received by Landlord.
(kl) Landlord shall have the right to run utility lines, pipes, conduits, duct work and component parts of all mechanical and electrical systems where necessary or desirable through the Additional PremisesSubstitution Space, to repair, alter, replace or remove the same, and to require Tenant to install and maintain proper access panels thereto. Such utility lines, pipes, conduits, duct work and component parts shall be concealed within the walls and ceilings.
(lm) Tenant shall impose on and enforce all applicable terms of this Work Letter Agreement herein against Tenant’s architect Architect and Tenant’s Contractors.
(mn) The time for performance of all of Tenant’s obligations under this Exhibit B shall in each instance be extended, without penalty, by the amount of time equal to any delay caused solely by strikes, riots, acts of nature, shortages of labor or materials, weather, war, governmental approvals, laws, regulations, or restrictions, or any other cause of any kind whatsoever that is beyond the reasonable control of Tenant (collectively, a “Force Majeure Event”); provided Tenant has promptly and timely delivered written notice to Landlord each acknowledges and agrees that the Work will include any work, both within and outside the Additional Premises, that may be necessary in order for Tenant to use and occupy the Premisesof such Force Majeure Event.
Appears in 1 contract
STANDARDS OF DESIGN AND CONSTRUCTION AND CONDITIONS OF TENANT’S PERFORMANCE. All work done in or upon the Premises by Tenant shall be done according to the standards set forth in this Paragraph 67, except as the same may be modified in the Approved Plans approved by or on behalf of both Landlord and Tenant.
(a) Tenant’s Approved 's Plans and all design and construction of the Tenant's Work shall comply with all applicable statutes, ordinances, regulations, laws, codes and industry standards, including, but not limited to, reasonable requirements of Landlord’s 's fire insurance underwritersunderwriters and the requirements of the ADA, and with all Building related construction rules and regulations in effect from time to time. Approval by Landlord of the Plans shall not constitute a waiver of this requirement or assumption by Landlord of responsibility for compliance. Where several sets of the foregoing laws, codes and standards must be met, the strictest shall apply where not prohibited by another law, code or standard.
(b) Tenant shall, at its own cost and expense (expense, but payable from Landlord’s Contribution)subject to payment by Landlord of the Allowance under Paragraph 9 below, obtain all required building permits and, when construction has been completed, shall, at its own cost and expense, obtain an occupancy permitspermit for the Premises, which shall be delivered to Landlord. Tenant’s 's failure to obtain such permits shall not cause a delay in the commencement of the Term Commencement Date, or the obligation to pay payment of Rent or any and performance of other obligations set forth in under the Lease.
(c) Tenant’s 's Contractors shall be licensed contractors, possessing good labor relations, capable of performing quality workmanship and working in harmony with Landlord’s 's contractors and subcontractors and with other contractors and subcontractors in the Building. All work shall be coordinated with any other construction or other work in the Building in order not to adversely affect construction work being performed by or for Landlord or its tenants, it being understood that in the event of any conflict, Landlord and its contractors and subcontractors shall have priority over Tenant and Tenant's Contractors; provided, however, notwithstanding such priority, Landlord shall not unreasonably inhibit Tenant's Contractors from performing their work and Landlord shall cooperate with Tenant and Tenant's Contractors in all reasonable respects relative to work coordination matters.
(d) Landlord shall have the right, but not the obligation, to perform, on behalf of and for the account of Tenant, subject to reimbursement by Tenant (subject to application of the Allowance to the extent thereof), any work (i) which Landlord deems necessary to be done on an emergency basis or (ii) which pertains to structural components, building systems, the general utility systems for the Building or connecting the Tenant's Work with any other work in the Building. Landlord shall obtain Tenant's prior approval of the cost of work referred to in clause (ii), which approval shall not be unreasonably withheld, and shall not unduly interfere with or delay the performance of Tenant's Work by reason of undertaking any such work.
(e) Tenant shall use only new, first-class quality materials in the Tenant's Work, except where explicitly shown in the Approved Plans. All Work shall be done in a good Plans approved by Landlord and workmanlike mannerTenant. Tenant shall obtain contractors’ obtain, promptly after completion of the Tenant's Work, warranties of at least one (1) year duration from the completion of the Tenant's Work against defects in workmanship and materials on all work performed and equipment installed in the Additional Premises as part of the Tenant's Work, a copy of which warranties shall be delivered to Landlord upon Tenant's receipt of the same.
(ef) Tenant and Tenant’s Contractors 's Contractors, in performing work, shall make all commercially reasonable efforts and take all commercially reasonable steps appropriate to assure that all construction activities undertaken comport do so in conformance with the reasonable expectations "303 East Wacker Drive Contractor Regulations and Guidelines for Tenant Improvxxxxxx" (a copy of all tenants which has heretofore been made available to Tenant) and other occupants of a fully-occupied (or substantially fully occupied) first-class office building and do shall not unreasonably interfere with the operation of the Building or with other tenants and occupants of the Building. In Tenant and Tenant's Contractors shall make all reasonable efforts and take all reasonable steps appropriate to construction activities undertaken in a fully-occupied first-class office building so as not to interfere with the operation of the Building and shall, in any event, Tenant shall comply with all reasonable other construction-related rules and regulations existing from time to time at the Building. Tenant and Tenant’s 's Contractors shall take all reasonable precautionary steps to minimize dust, noise and construction traffic, and to protect their facilities and the facilities of others affected by the Tenant's Work and to properly police same. Tenant shall not permit noise or odors from construction of Tenant's Work to disturb other tenants in the Building. Tenant's Work which does so disturb other tenants shall be performed after regular working hours. Construction equipment and materials are to be kept within the Additional Premises and delivery and loading of equipment and materials shall be done at such locations and at such time as Landlord shall reasonably shall direct so as not to burden the construction or operation of the Building. If and as reasonably required by Landlord, the Additional Premises shall be sealed off from the balance of the office space on the floor(s) containing the Premises so as to minimize the disbursement of dirt, debris and noise.
(fg) Upon not less than twenty-four (24) hours' written or oral notice to Tenant and Tenant's failure to cure such matter within such 24-hour period (provided that no such notice or cure period shall be required in the case of an emergency), Landlord shall have the right , after not less than five (5) days notice to Tenant, to order Tenant or any of Tenant’s 's Contractors who violate the requirements imposed on Tenant or Tenant’s 's Contractors in performing work to cease work and remove its equipment and employees from the Building, to the extent Landlord determines that such violation is likely to have an adverse affect on the Building systems, structure or operations, the safety of the Building's occupants, or to otherwise create any other type of hazardous condition. A violation will be curable unless the particular violation by the particular Tenant's Contractor has previously been the basis for a notice to cease work. The foregoing cure period shall not limit the Landlord's right to require that violations cease immediately. No such action by Landlord shall delay the commencement of the Lease Commencement Date, or the obligation to pay payment of Rent or any and performance of other obligations therein set forthunder the Lease.
(gh) Utility Except as expressly provided below in this subparagraph (h), utility costs or charges for any service (including HVACincluding, hoisting or freight elevator and the likebut not limited to, electrical) to the Additional Premises shall be the responsibility of Tenant from the date Tenant is obligated to commence or commences the Tenant's Work and shall be paid for by Tenant at Landlord’s standard rates then in effect as provided below's rates. Tenant shall pay for all support services provided by Landlord’s contractors at Tenant’s request or at Landlord’s discretion resulting from breaches or defaults by Tenant under this Work Letter Agreement. For purposes Use of the Work, Tenant shall have the nonexclusive right to use the Building’s freight elevators is subject to availability and reasonable scheduling as may be reasonably established by Landlord. Such Any use of the freight elevator use by Tenant during elevators outside of normal business hours shall of the Building will be free of charge; providedat Tenant's expense, however, in an amount equal to the extent Tenant utilizes out-of- pocket expenses incurred by Landlord relative to security personnel and/or elevator attendant(s) necessitated by such freight elevators prior to 8:00 a.m. and after 5:00 p.m. on Monday through Friday and anytime on Saturday, Sunday and holidays, such use shall be at the standard Building charge for after-hours freight elevator service; providedusage. Tenant shall also be responsible for HVAC charges for use of HVAC services outside of normal business hours of the Building, further, if any other tenant payable at rates fixed by Landlord for such after-hours HVAC services. Tenant shall have no responsibility for payment of HVAC charges or for charges for freight elevator usage during normal business hours of the Building is also using said freight elevator’s prior to the Commencement Date of the Lease in connection with Tenant after such time periods, then any charge to Tenant shall be apportioned between or among all parties utilizing such freight elevatorsperformance of the Tenant's Work and Tenant's initial move into the Premises. Tenant shall arrange and pay for removal of construction debris and shall not place debris in the Building’s 's waste containers. Subject to space availability and Tenant’s compliance with Landlord’s reasonable rules and regulations, Landlord shall permit Tenant’s Contractors to place waste containers at the Building loading dock for after-hours removal of waste and debris. If required by Landlord, Tenant shall sort and separate its waste and debris for recycling and/or environmental law compliance purposes.
(hi) Tenant shall permit access to the Additional PremisesPremises upon reasonable notice (except that no notice shall be required in the case of an emergency, and the Tenant's Work shall be subject to inspection, by Landlord and Landlord’s 's architects, engineers, contractors and other representatives, at all times during the period in which the Tenant's Work is are being constructed and installed and within a reasonable period following completion of the Tenant's Work.
(ij) Tenant shall proceed with its work expeditiously, continuously and efficiently, and shall use all commercially reasonable efforts from the date Landlord tenders possession of the Premises to complete Tenant for the same on or before construction of the Additional Premises Rent Commencement DateTenant's Work. Tenant shall notify Landlord upon completion of the Tenant's Work and shall furnish Landlord and Landlord’s 's title insurance company with such further documentation as may be necessary under the requirements hereinParagraph 9 below.
(jk) Tenant shall have no authority to deviate from the Approved Plans (other than in a deminimus manner) in performance of the Tenant's Work, except as approved authorized by Landlord and its designated representative in writing, writing (which approval authorization shall not be unreasonably withheld or delayeddelayed in accordance with the same standards for approval as described in Section 3(b) above). Tenant shall furnish to Landlord “"as-built” " drawings of the Tenant's Work consisting of record drawings of the installed condition of each component of the Tenant's Work completed from the Plans marked up daily in the field by the various trades. Such record drawings shall be submitted in a final package by Tenant's general contractor to Landlord within thirty ninety (3090) days after completion of the Tenant's Work. Final disbursement of any remaining amounts of the Allowance will not occur until such record drawing have been received by Landlord.
(kl) In connection with its approval of the Plans, Landlord shall have the right to run require Tenant to install and maintain proper access panels to utility lines, pipes, conduits, duct work and component parts of all mechanical and electrical systems where necessary existing or desirable through installed in the Additional Premises, Premises to repair, alter, replace the extent required by applicable laws or remove otherwise identified by Landlord as part of its approval of the same, and to require Tenant to install and maintain proper access panels theretoPlans.
(lm) Tenant shall impose on and enforce all applicable terms of this Work Letter Agreement Workletter against Tenant’s architect 's architect, Tenant's engineer and Tenant’s 's Contractors.
(m) Tenant and Landlord each acknowledges and agrees that the Work will include any work, both within and outside the Additional Premises, that may be necessary in order for Tenant to use and occupy the Premises.
Appears in 1 contract
Samples: Office Lease (Imanage Inc)
STANDARDS OF DESIGN AND CONSTRUCTION AND CONDITIONS OF TENANT’S PERFORMANCE. All work done in or upon the Additional Premises by Tenant shall be done according to the standards set forth in this Paragraph 6, except as the same may be modified in the Approved Plans approved by or on behalf of Landlord and Tenant.
(a) Tenant’s Approved Plans and all design and construction of the Work shall comply with all applicable statutes, ordinances, regulations, laws, codes and industry standards, including, but not limited to, reasonable requirements of Landlord’s fire insurance underwritersunderwriters and the Americans with disabilities Act of 1990 (42 U.S.C. §12101 et. Seq.).
(b) Tenant shall, at its own cost and expense (but payable from Landlord’s Contribution), obtain all required building permits and occupancy permits. Tenant’s failure to obtain such permits shall not cause a delay in the commencement of the Term or the obligation to pay Rent or any other obligations set forth in the Lease.
(c) Tenant’s Contractors contractors shall be licensed contractors, using union labor, possessing good labor relations, capable of performing quality workmanship and working in harmony with Landlord’s contractors and subcontractors and with other contractors and subcontractors in the Building. All work shall be coordinated with any other construction constructions or other work in the Building in order not to adversely affect construction work being performed by or for Landlord or its tenants. Landlord shall use commercially reasonable efforts to cooperate with Tenant in such coordination with respect to any work being performed by or for Tenant.
(d) Tenant shall use only new, first-class materials in the WorkWork comparable to materials used in other tenant improvements in the Building, except where explicitly shown in the Approved Plans. All The Work shall be done performed in a good and workmanlike manner. Tenant shall obtain contractors’ warranties of at least one (1) year duration from the completion of the Work against defects in workmanship and materials on all work Work performed and equipment installed in the Additional Premises as part Premises, unless such warranties are not customarily obtained for the type of the Workwork and/or material involved, in which event Tenant shall obtain customary warranties.
(e) Tenant and Tenant’s Contractors shall make all commercially reasonable efforts and take all commercially reasonable steps appropriate to assure that all construction activities undertaken comport with the reasonable expectations of all tenants and other occupants of a fully-occupied (or substantially fully occupied) first-class office building and do not unreasonably interfere with the operation of the Building or with other tenants and occupants of the Building. In any event, Tenant shall during the performance of the Work and throughout the term of the Lease comply with all reasonable rules and regulations existing from time to time at the BuildingBuilding which have heretofore been provided to Tenant (provided Landlord shall provide reasonable prior notice in respect of any new rules and regulation or any modifications of existing rules and regulations). Tenant and Tenant’s Contractors shall take all reasonable precautionary steps to minimize dust, noise and construction traffic, and to protect their facilities and the facilities of others affected by the Work and to properly police sameall personnel entering the Building in connection with the Work. Construction equipment and materials are to be kept within the Additional Premises (subject to the limitations contained in the Amendment) and delivery and loading of equipment and materials shall be done at such locations and at such time as Landlord reasonably shall direct so as not to burden the construction constructions or operation of the Building. If and as reasonably required by Landlord, provided that Landlord shall use commercially reasonable efforts to coordinate the Additional Premises shall be sealed off from the balance of the office space on the floor(s) containing the Premises so as to minimize the disbursement of dirt, debris and noisesame.
(f) Landlord shall have the right , after not less than five (5) days notice to Tenant, to order Tenant or any of Tenant’s Contractors who violate the Union Tower General Rules and Regulations for Contractors (a copy of which Tenant has received) or the other requirements of this Lease imposed on Tenant or Tenant’s Contractors in performing work to cease work and remove its equipment and employees from the BuildingBuilding provided, however, prior to any such order (i) if the violation is of such a nature that it threatens in Landlord’s discretion to create a hazardous condition or disrupt building operations or other tenants, then Landlord shall provide one (1) written notice and one (1) day right to cure, and (ii) if the violation is of any other type, then Landlord shall provide one (1) written notice and three (3) days right to cure; further provided, however, that Landlord shall have no obligation to provide any notice or cure rights as to either (i) or (ii) if a repeat violation of a substantially similar type occurs. In any event, Landlord may make the continuation of work contingent upon payment by Tenant or Tenant’s Contractors of any damages or costs incurred by Landlord or other tenants as a result of such violation. No such action by Landlord shall delay the commencement of the Lease Additional Premises Commencement Date or the obligation to pay Rent or any other obligations therein set forthforth in the Lease.
(g) Utility costs or charges for any service (including HVAC, hoisting or freight elevator and the like) to the Additional Premises in connection with and during the performance of the Work shall be the responsibility of Tenant and shall be paid for by Tenant at Landlord’s standard rates then in effect as provided beloweffect, provided, however, Landlord shall not charge for freight elevator usage unless an attendant or special operations are required, in Landlord’s discretion. Tenant shall pay for all support services provided by Landlord’s contractors at Tenant’s written request or at Landlord’s reasonable discretion resulting from breaches or defaults beyond applicable notice and cure periods by Tenant under this Work Letter Agreement. For purposes of the Work, Tenant shall have the nonexclusive right to use the Building’s freight elevators subject to availability and scheduling as may be reasonably established by Landlord. Such freight elevator use by Tenant during normal the business day on a first-come, first-serve basis without additional charges; all after- hours shall be free of charge; provided, however, to the extent Tenant utilizes such freight elevators prior to 8:00 a.m. and after 5:00 p.m. on Monday through Friday and anytime on Saturday, Sunday and holidays, such use shall be at the standard Building charge subject to scheduling by Landlord and to Tenant’s payment of Landlord’s out-of-pocket for such after-hours freight elevator service; providedusage, further, if any other tenant including costs of the Building is also using said freight elevator’s with Tenant after such time periods, then any charge to Tenant shall be apportioned between or among all parties utilizing such freight elevatorsnecessary personnel. Tenant shall arrange and pay for removal of construction debris and shall not place debris in the Building’s waste containers. Subject to space availability and Tenant’s compliance with Landlord’s reasonable rules and regulations, Landlord shall permit Tenant’s Contractors to place waste containers at the Building loading dock for after-hours removal of waste and debris. If required by LandlordLandlord by the giving of notice, Tenant shall sort and separate its waste and debris for recycling and/or environmental law compliance purposes.
(h) Tenant shall permit access to the Additional PremisesPremises by Landlord upon reasonable prior notice to Xxxxx Small at 000-000-0000 (which may be oral or by voice-mail), and the Work shall be subject to inspection, by Landlord and Landlord’s architects, engineers, contractors and other representatives, at all times during the period in which the Work is being constructed and installed and following completion of the Work, provided that Landlord shall use reasonable efforts to minimize its interference with the Work.
(i) Tenant shall proceed with its work expeditiously, continuously and efficiently, and shall use all commercially reasonable efforts to complete the same on or before the Additional Premises Rent Commencement Date. Tenant shall notify Landlord upon completion of the Work and shall furnish Landlord and Landlord’s title insurance company with such further documentation as may be reasonably necessary under the requirements herein.
(j) Tenant shall have no authority to deviate from the Approved Plans in performance of the WorkWork (except for de minimis deviations of a type customarily not the subject of change orders), except as approved authorized by Landlord and or its designated representative in writing, which approval shall not be unreasonably withheld or delayedwriting in a change order approved in writing by Landlord. Tenant shall furnish to Landlord “as-built” drawings of the Work within thirty (30) days after completion of the Work.
(k) During the performance of the Work, Landlord shall have the right to run utility lines, pipes, conduits, duct work and component parts of all mechanical and electrical systems where necessary or desirable through the Additional Premises provided same are concealed behind walls or ceilings and do not materially reduce the functionality of the Additional Premises, or the useable floor area of the Additional Premises, to repair, alter, replace or remove the same, and to require Tenant to install and maintain proper access panels thereto. Landlord shall use reasonable efforts to minimize interference with the Work and Tenant’s use and enjoyment of the Additional Premises in connection with any work performed by Landlord in the Additional Premises pursuant to this subparagraph.
(l) Tenant shall impose on and enforce all applicable terms of this Work Letter Agreement against Tenant’s architect and Tenant’s Contractors.
(m) Tenant and Landlord each acknowledges and agrees that the Work will include any work, both within and outside the Additional Premises, that may be necessary in order for Tenant to use and occupy the Additional Premises.
Appears in 1 contract
Samples: Lease (Huron Consulting Group Inc.)
STANDARDS OF DESIGN AND CONSTRUCTION AND CONDITIONS OF TENANT’S PERFORMANCE. All work done in or upon the New Premises by Tenant shall be done according to the standards set forth in this Paragraph 6, except as the same may be modified in the Approved Plans approved by or on behalf of Landlord and Tenant.
(a) Tenant’s Approved Plans and all design and construction of the Work shall comply with all applicable statutes, ordinances, regulations, laws, codes and industry standards, including, but not limited to, reasonable requirements of Landlord’s fire insurance underwritersunderwriters and the Americans with Disabilities Act of 1990 (42 U.S.C. §12101 et. seq.).
(b) Tenant shall, at its own cost and expense (but payable from Landlord’s Contribution), obtain all required building permits and occupancy permits. Tenant’s failure to obtain such permits shall not cause a delay in the commencement of the Term or the obligation to pay Rent or any other obligations set forth in the Lease.
(c) Tenant’s Contractors contractors shall be licensed contractors, using union labor, possessing good labor relations, capable of performing quality workmanship and working in harmony with Landlord’s contractors and subcontractors and with other contractors and subcontractors in the Building. All work shall be coordinated with any other construction or other work in the Building in order not to adversely affect construction work being performed by or for Landlord or its tenants. Landlord shall use commercially reasonable efforts to cooperate with Tenant in such coordination with respect to any work being performed by or for Tenant.
(d) Tenant shall use only new, first-class materials in the WorkWork comparable to materials used in other tenant improvements in the Building, except where explicitly shown in the Approved Plans. All The Work shall be done performed in a good and workmanlike manner. Tenant shall obtain contractors’ warranties of at least one (1) year duration from the completion of the Work against defects in workmanship and materials on all work Work performed and equipment installed in the Additional Premises as part Premises, unless such warranties are not customarily obtained for the type of the Workwork and/or material involved, in which event Tenant shall obtain customary warranties.
(e) Tenant and Tenant’s Contractors shall make all commercially reasonable efforts and take all commercially reasonable steps appropriate to assure that all construction activities undertaken comport with the reasonable expectations of all tenants and other occupants of a fully-occupied (or substantially fully occupied) first-class office building and do not unreasonably interfere with the operation of the Building or with other tenants and occupants of the Building. In any event, Tenant shall during the performance of the Work and throughout the term of the Lease comply with all reasonable rules and regulations existing from time to time at the BuildingBuilding which have heretofore been provided to Tenant (provided Landlord shall provide reasonable prior notice in respect of any new rules and regulation or any modifications of existing rules and regulations). Tenant and Tenant’s Contractors shall take all reasonable precautionary steps to minimize dust, noise and construction traffic, and to protect their facilities and the facilities of others affected by the Work and to properly police sameall personnel entering the Building in connection with the Work. Construction equipment and materials are to be kept within the Additional Premises (subject to the limitations contained in the Amendment) and delivery and loading of equipment and materials shall be done at such locations and at such time as Landlord reasonably shall direct so as not to burden the construction or operation of the Building. If and as reasonably required by Landlord, provided that Landlord shall use commercially reasonable efforts to coordinate the Additional Premises shall be sealed off from the balance of the office space on the floor(s) containing the Premises so as to minimize the disbursement of dirt, debris and noisesame.
(f) Landlord shall have the right , after not less than five (5) days notice to Tenant, to order Tenant or any of Tenant’s Contractors who violate the Union Tower General Rules and Regulations for Contractors (a copy of which Tenant has received) or the other requirements of this Lease imposed on Tenant or Tenant’s Contractors in performing work to cease work and remove its equipment and employees from the BuildingBuilding provided, however, prior to any such order (i) if the violation is of such a nature that it threatens in Landlord’s discretion to create a hazardous condition or disrupt building operations or other tenants, then Landlord shall provide one (1) written notice and one (1) day right to cure, and (ii) if the violation is of any other type, then Landlord shall provide one (1) written notice and three (3) days right to cure; further provided, however, that Landlord shall have no obligation to provide any notice or cure rights as to either (i) or (ii) if a repeat violation of a substantially similar type occurs. In any event, Landlord may make the continuation of work contingent upon payment by Tenant or Tenant’s Contractors of any damages or costs incurred by Landlord or other tenants as a result of such violation. No such action by Landlord shall delay the commencement of the Lease Commencement Date or the obligation to pay Rent or any other obligations therein set forthforth in the Lease.
(g) Utility costs or charges for any service (including HVAC, hoisting or freight elevator and the like) to the Additional Premises in connection with and during the performance of the Work shall be the responsibility of Tenant and shall be paid for by Tenant at Landlord’s standard rates then in effect as provided beloweffect, provided, however, (i) Landlord shall pay utility costs on the 17th Floor Premises and the 16th Floor Premises until the applicable Commencement Date(s), and (ii) Landlord shall not charge for freight elevator usage unless an attendant or special operations are required, in Landlord’s discretion. Tenant shall pay for all support services provided by Landlord’s contractors at Tenant’s written request or at Landlord’s reasonable discretion resulting from breaches or defaults beyond applicable notice and cure periods by Tenant under this Work Letter Agreement. For purposes of the Work, Tenant shall have the nonexclusive right to use the Building’s freight elevators subject to availability and scheduling as may be reasonably established by Landlord. Such freight elevator use by Tenant during normal the business day on a first-come, first-serve basis without additional charges; all after-hours shall be free of charge; provided, however, to the extent Tenant utilizes such freight elevators prior to 8:00 a.m. and after 5:00 p.m. on Monday through Friday and anytime on Saturday, Sunday and holidays, such use shall be at the standard Building charge subject to scheduling by Landlord and to Tenant’s payment of Landlord’s out-of-pocket for such after-hours freight elevator service; providedusage, further, if any other tenant including costs of the Building is also using said freight elevator’s with Tenant after such time periods, then any charge to Tenant shall be apportioned between or among all parties utilizing such freight elevatorsnecessary personnel. Tenant shall arrange and pay for removal of construction debris and shall not place debris in the Building’s waste containers. Subject to space availability and Tenant’s compliance with Landlord’s reasonable rules and regulations, Landlord shall permit Tenant’s Contractors to place waste containers at the Building loading dock for after-hours removal of waste and debris. If required by LandlordLandlord by the giving of notice, Tenant shall sort and separate its waste and debris for recycling and/or environmental law compliance purposes.
(h) Tenant shall permit access to the Additional PremisesPremises by Landlord upon reasonable prior notice to Xxxxx Xxxxxx at (000) 000-0000 (which may be oral or by voice-mail), and the Work shall be subject to inspection, by Landlord and Landlord’s architects, engineers, contractors and other representatives, at all times during the period in which the Work is being constructed and installed and following completion of the Work, provided that Landlord shall use reasonable efforts to minimize its interference with the Work.
(i) Tenant shall proceed with its work expeditiously, continuously and efficiently, and shall use all commercially reasonable efforts to complete the same on or before the Additional Premises Rent Commencement Date. Tenant shall notify Landlord upon completion of the Work and shall furnish Landlord and Landlord’s title insurance company with such further documentation as may be reasonably necessary under the requirements herein.
(j) Tenant shall have no authority to deviate from the Approved Plans in performance of the WorkWork (except for de minimis deviations of a type customarily not the subject of change orders), except as approved authorized by Landlord and or its designated representative in writing, which approval shall not be unreasonably withheld or delayedwriting in a change order approved in writing by Landlord. Tenant shall furnish to Landlord “as-built” drawings of the Work within thirty (30) days after completion of the Work.
(k) During the performance of the Work, Landlord shall have the right to run utility lines, pipes, conduits, duct work and component parts of all mechanical and electrical systems where necessary or desirable through the Additional Premises provided same are concealed behind walls or ceilings and do not materially reduce the functionality of the Premises, or the useable floor area of the Premises, to repair, alter, replace or remove the same, and to require Tenant to install and maintain proper access panels thereto. Landlord shall use reasonable efforts to minimize interference with the Work and Tenant’s use and enjoyment of the Premises in connection with any work performed by Landlord in the Premises pursuant to this subparagraph.
(l) Tenant shall impose on and enforce all applicable terms of this Work Letter Agreement against Tenant’s architect and Tenant’s Contractors.
(m) Tenant and Landlord each acknowledges and agrees that the Work will include any work, both within and outside the Additional Premises, that may be necessary in order for Tenant to use and occupy the Premises.
Appears in 1 contract
STANDARDS OF DESIGN AND CONSTRUCTION AND CONDITIONS OF TENANT’S PERFORMANCE. All work done in or upon the Premises by Tenant shall be done according to the standards set forth in this Paragraph 6, except as the same may be modified in the Approved Plans approved by or on behalf of Landlord and Tenant.
(a) Tenant’s 's Approved Plans and all design and construction of the Work shall comply with all applicable statutes, ordinances, regulations, laws, codes and industry standards, including, but not limited to, reasonable requirements of Landlord’s 's fire insurance underwriters.
(b) Tenant shall, at its own cost and expense (but payable from Landlord’s Contribution)expense, obtain all required building permits and occupancy permits. Tenant’s 's failure to obtain such permits shall not cause a delay in the commencement of the Lease Term or the obligation to pay Rent or any other obligations set forth in the Lease.
(c) Tenant’s 's Contractors shall be licensed contractors, possessing good labor relations, capable of performing quality workmanship and working in harmony with Landlord’s 's contractors and subcontractors and with other contractors and subcontractors in the Building. All work shall be coordinated with any other construction or other work in the Building in order not to adversely affect construction work being performed by or for Landlord or its tenants.
(d) Landlord shall have the right, but not the obligation, to perform, on behalf of and for the account of Tenant, subject to reimbursement by Tenant, any work which pertains to patching of the Work and other work in the Building.
(e) Tenant shall use only new, first-class materials in the Work, except where explicitly shown in the Approved Plans. , All Work shall be done in a good and workmanlike manner. Tenant shall obtain contractors’ ' warranties of at least one (1) year duration from the completion of the Work against defects in workmanship and materials on all work performed and equipment installed in the Additional Premises as part of the Work.
(ef) Tenant and Tenant’s 's Contractors shall make all commercially reasonable efforts and take all commercially reasonable steps appropriate to assure that all construction activities undertaken comport with the reasonable expectations of all tenants and other occupants of a fully-occupied (or substantially fully occupied) first-class office building and do not unreasonably interfere with the operation of the Building or with other tenants and occupants of the Building. In any event, Tenant shall comply with all reasonable rules and regulations existing from time to time at the Building. Tenant and Tenant’s 's Contractors shall take all precautionary steps to minimize dust, noise and construction traffic, and to protect their facilities and the facilities of others affected by the Work and to properly police same. Construction equipment and materials are to be kept within the Additional Premises and delivery and loading of equipment and materials shall be done at such locations and at such time as Landlord reasonably shall direct so as not to burden the construction or operation of the Building. If and as reasonably required by Landlord, the Additional Premises shall be sealed off from the balance of the office space on the floor(s) containing the Premises so as to minimize the disbursement of dirt, debris and noise.
(fg) Landlord shall have the right , after not less than five (5) days notice to Tenant, to order Tenant or any of Tenant’s 's Contractors who violate the requirements imposed on Tenant or Tenant’s 's Contractors in performing work to cease work and remove its equipment and employees from the Building. No such action by Landlord shall delay the commencement of the Lease or the obligation to pay Rent or any other obligations therein set forth.
(gh) Utility costs or charges for any service (including HVAC, hoisting or freight elevator and the like) to the Additional Premises shall be the responsibility of Tenant from the date Tenant is obligated to commence or commences the Work and shall be paid for by Tenant at Landlord’s 's standard rates then in effect as provided beloweffect. Tenant shall apply and pay for all utility meters required. Tenant shall pay for all support services provided by Landlord’s 's contractors at Tenant’s 's request or at Landlord’s 's discretion resulting from breaches or defaults by Tenant under this Work Letter Agreement. For purposes All use of freight elevators is subject to scheduling by Landlord and the rules and regulations of the Work, Tenant shall have the nonexclusive right to use the Building’s freight elevators subject to availability and scheduling as may be reasonably established by Landlord. Such freight elevator use by Tenant during normal business hours shall be free of charge; provided, however, to the extent Tenant utilizes such freight elevators prior to 8:00 a.m. and after 5:00 p.m. on Monday through Friday and anytime on Saturday, Sunday and holidays, such use shall be at the standard Building charge for after-hours freight elevator service; provided, further, if any other tenant of the Building is also using said freight elevator’s with Tenant after such time periods, then any charge to Tenant shall be apportioned between or among all parties utilizing such freight elevators. Tenant shall arrange and pay for removal of construction debris and shall not place debris in the Building’s 's waste containers. Subject to space availability and Tenant’s compliance with Landlord’s reasonable rules and regulations, Landlord shall permit Tenant’s Contractors to place waste containers at the Building loading dock for after-hours removal of waste and debris. If required by Landlord, Tenant shall sort and separate its waste and debris for recycling and/or environmental law compliance purposes.
(hi) Tenant shall permit access to the Additional Premises, and the Work shall be subject to inspection, by Landlord and Landlord’s 's architects, engineers, contractors and other representatives, at all times during the period in which the Work is being constructed and installed and following completion of the Work.
(ij) Tenant shall proceed with its work expeditiously, continuously and efficiently, and shall use all commercially reasonable its best efforts to complete the same on or before Twenty One (21) days after the Additional date Landlord tenders possession of the Premises Rent Commencement Dateto Tenant for the construction of the Work. Tenant shall notify Landlord upon completion of the Work and shall furnish Landlord and Landlord’s 's title insurance company with such further documentation as may be necessary under the requirements hereinParagraphs 8 and 9 below.
(jk) Tenant shall have no authority to deviate from the Approved Plans in performance of the Work, except as approved authorized by Landlord and its designated representative in writing, which approval shall not be unreasonably withheld or delayed. Tenant shall furnish to Landlord “"as-built” " drawings of the Work within thirty (30) days after completion of the Work.
(k1) Landlord shall have the right to run utility lines, pipes, conduits, duct work and component parts of all mechanical and electrical systems where necessary or desirable through the Additional Premises, to repair, alter, replace or remove the same, and to require Tenant to install and maintain proper access panels thereto.
(l) Tenant shall impose on and enforce all applicable terms of this Work Letter Agreement against Tenant’s architect and Tenant’s Contractors.
(m) Tenant and Landlord each acknowledges and agrees that the Work will include any work, both within and outside the Additional Premises, that may be necessary in order for Tenant to use and occupy the Premises.
Appears in 1 contract
Samples: Retail Lease (Nara Bancorp Inc)
STANDARDS OF DESIGN AND CONSTRUCTION AND CONDITIONS OF TENANT’S PERFORMANCE. All work done in or upon the Premises by Tenant shall be done according to the standards set forth in this Paragraph 67, except as the same may be modified in the Approved Plans approved by or on behalf of Landlord and Tenant.
(a) A. Tenant’s Approved Plans and all design and construction of the Work shall comply with all applicable statutes, ordinances, regulations, laws, codes and industry standards, including, but not limited to, reasonable requirements of Landlord’s fire insurance underwriters. Approval by Landlord of the Plans shall not constitute a waiver of this requirement or assumption by Landlord of responsibility for compliance. Where several sets of the foregoing laws, codes and standards must be met, the strictest shall apply where not prohibited by another law, code or standard.
(b) B. Tenant shallshall obtain, at its own cost and expense (but payable from Landlord’s Contribution)expense, obtain all required building permits and, when construction has been completed, shall obtain, at its own cost and expense, an occupancy permitspermit for the Premises, which permit shall be delivered to Landlord. Tenant’s failure to obtain such permits shall not cause a delay in the commencement of the Term Lease or the obligation to pay Rent or any rental and other obligations therein set forth in the Leaseforth.
(c) C. Tenant’s Contractors shall be licensed contractors, possessing good labor relations, capable of performing quality workmanship and working in harmony with Landlord’s contractors and subcontractors and with other contractors and subcontractors in the Building. All work shall be coordinated with any other construction or other work in the Building in order not to affect adversely affect construction work being performed by or for Landlord or its tenants, it being understood that, in the event of any conflict, Landlord and its contractors and subcontractors shall have priority over Tenant and Tenant’s Contractors.
D. Landlord shall have the right, but not the obligation, to perform on behalf of and for the account of Tenant, subject to reimbursement by Tenant, any work (di) which Landlord deems to be necessary on an emergency basis, (ii) which pertains to structural components, building systems or the general utility systems for the Building, (iii) which pertains to the erection of temporary safety barricades or signs during construction, or (iv) which pertains to patching of the Work and other work in the Building.
E. Tenant shall use only new, first-class materials in the Work, except where explicitly shown otherwise in the Approved Plans. All Work shall be done in a good Plans approved by Landlord and workmanlike mannerTenant. Tenant shall obtain contractors’ warranties of at least one (1) year year’s duration from the completion of the Work against defects in workmanship and materials on all work performed and equipment installed in the Additional Premises as part of the Work.
(e) F. Tenant and Tenant’s Contractors Contractors, in performing work, shall make all commercially reasonable efforts and take all commercially reasonable steps appropriate to assure that all construction activities undertaken comport with the reasonable expectations of all tenants and other occupants of a fully-occupied (or substantially fully occupied) first-class office building and do not unreasonably interfere with the operation of the Building or with other tenants and occupants of the Building. In Tenant and Tenant’s Contractors shall make all efforts and take all steps appropriate to construction activities undertaken in a fully occupied, first-class office building so as not to interfere with the operation of the Building and shall, in any event, Tenant shall comply with all reasonable rules and regulations existing from time to time at the Building. Tenant and Tenant’s Contractors shall take all precautionary steps to minimize dust, noise and construction traffic, traffic and to protect their facilities and the facilities of others affected by the Work and to properly police same. Construction equipment and materials are to be kept within the Additional Premises Premises, and delivery and loading of equipment and materials shall be done at such locations and at such time as Landlord reasonably shall direct so as not to burden the construction or operation of the Building. If and as reasonably required by Landlord, the Additional Premises shall be sealed off from the balance of the office space on the floor(s) containing the Premises so as to minimize the disbursement of dirt, debris and noise.
(f) G. Landlord shall have the right , after not less than five (5) days notice to Tenant, to order Tenant or any of Tenant’s Contractors who violate the requirements imposed on Tenant or Tenant’s Contractors in performing work to cease work and remove its equipment and employees from the Building. No such action by Landlord shall delay the commencement of the Lease or the obligation to pay Rent or any rental and other obligations therein set forth.
(g) H. Utility costs or charges for any service (including HVAC, hoisting or freight elevator and the like) to the Additional Premises shall be the responsibility of Tenant from the date Tenant is obligated to commence or commences the Work and shall be paid for by Tenant at Landlord’s standard rates then in effect as provided belowrates. Tenant shall apply and pay for all utility meters required. Tenant shall pay for all support services provided by Landlord’s contractors at Tenant’s request or at Landlord’s discretion resulting from breaches or defaults by Tenant under this Work Letter Agreementcontractors. For purposes All use of the Work, Tenant shall have the nonexclusive right to use the Building’s freight elevators is subject to availability and scheduling as may be reasonably established by Landlord. Such freight elevator use by Tenant during normal business hours shall be free of charge; provided, however, to the extent Tenant utilizes such freight elevators prior to 8:00 a.m. and after 5:00 p.m. on Monday through Friday and anytime on Saturday, Sunday and holidays, such use shall be at the standard Building charge for after-hours freight elevator service; provided, further, if any other tenant of the Building is also using said freight elevator’s with Tenant after such time periods, then any charge to Tenant shall be apportioned between or among all parties utilizing such freight elevators. Tenant shall arrange and pay for removal of construction debris and shall not place debris in the Building’s waste containers. Subject to space availability and Tenant’s compliance with Landlord’s reasonable rules and regulations, Landlord shall permit Tenant’s Contractors to place waste containers at the Building loading dock for after-hours removal of waste and debris. If required by Landlord, Tenant shall sort and separate its waste and debris for recycling and/or environmental law compliance purposes.
(h) I. Tenant shall permit access to the Additional Premises, and the Work shall be subject to inspection, by Landlord and Landlord’s architects, engineers, contractors and other representatives, representatives at all times during the period in which the Work is being constructed and installed and following completion of the Work.
(i) J. Tenant shall proceed with its work expeditiously, continuously and efficiently, and shall use all commercially reasonable efforts to complete the same on or before as and when provided for in the Additional Premises Rent Commencement DateFifth Amendment and this Workletter. Tenant shall notify Landlord upon completion of the Work and shall furnish Landlord and Landlord’s title insurance company with such further documentation as may be necessary under the requirements hereinParagraph 9 below.
(j) K. Tenant shall have no authority to deviate from the Approved Plans in performance of the Work, except as approved authorized by Landlord and its designated representative in writing, which approval shall not be unreasonably withheld or delayed. Tenant shall furnish to Landlord “as-built” drawings of the Work within thirty sixty (3060) days after completion of the Work.
(k) L. Landlord shall have the right to run utility lines, pipes, conduits, duct work and component parts of all mechanical and electrical systems where necessary or desirable through the Additional Premises, to repair, alter, replace or remove the same, and to require Tenant to install and maintain proper access panels thereto.
(l) M. Tenant shall impose on and enforce all applicable terms of this Work Letter Workletter Agreement against Tenant’s architect and Tenant’s Contractors.
(m) Tenant and Landlord each acknowledges and agrees that the Work will include any work, both within and outside the Additional Premises, that may be necessary in order for Tenant to use and occupy the Premises.
Appears in 1 contract
Samples: Assumption and Attornment Agreement (Archipelago Holdings L L C)
STANDARDS OF DESIGN AND CONSTRUCTION AND CONDITIONS OF TENANT’S PERFORMANCE. All work done in or upon the Additional Premises and/or the Existing Premises by Tenant shall be done according to the standards set forth in this Paragraph 6, except as the same may be modified in the Approved Plans approved by or on behalf of Landlord and Tenant.
(a) Tenant’s Approved Plans and all design and construction of the Work shall comply with all applicable statutes, ordinances, regulations, laws, codes and industry standards, including, but not limited to, reasonable requirements of Landlord’s fire insurance underwritersunderwriters and the Americans with disabilities Act of 1990 (42 U.S.C. §12101 et. Seq.).
(b) Tenant shall, at its own cost and expense (but payable from Landlord’s Contributionthe Additional Premises Allowance), obtain all required building permits and occupancy permits. Tenant’s failure to obtain such permits shall not cause a delay in the commencement of the Term Additional Premises Commencement Date or the obligation to pay Rent or any other obligations set forth in the Lease.
(c) Tenant’s Contractors contractors shall be licensed contractors, using union labor, possessing good labor relations, capable of performing quality workmanship and working in harmony with Landlord’s contractors and subcontractors and with other contractors and subcontractors in the Building. All work shall be coordinated with any other construction constructions or other work in the Building in order not to adversely affect construction work being performed by or for Landlord or its tenants. Landlord shall use commercially reasonable efforts to cooperate with Tenant in such coordination with respect to any work being performed by or for Tenant.
(d) Tenant shall use only new, first-class materials in the WorkWork comparable to materials used in other tenant improvements in the Building, except where explicitly shown in the Approved Plans. All The Work shall be done performed in a good and workmanlike manner. Tenant shall obtain contractors’ warranties of at least one (1) year duration from the completion of the Work against defects in workmanship and materials on all work Work performed and equipment installed in the Additional Premises as part and/or the Existing Premises unless such warranties are not customarily obtained for the type of the Workwork and/or material involved, in which event Tenant shall obtain customary warranties.
(e) Tenant and Tenant’s Contractors shall make all commercially reasonable efforts and take all commercially reasonable steps appropriate to assure that all construction activities undertaken comport with the reasonable expectations of all tenants and other occupants of a fully-occupied (or substantially fully occupied) first-class office building and do not unreasonably interfere with the operation of the Building or with other tenants and occupants of the Building. In any event, Tenant shall during the performance of the Work and throughout the term of the Lease comply with all reasonable rules and regulations existing from time to time at the BuildingBuilding which have heretofore been provided to Tenant (provided Landlord shall provide reasonable prior notice in respect of any new rules and regulation or any modifications of existing rules and regulations). Tenant and Tenant’s Contractors shall take all reasonable precautionary steps to minimize dust, noise and construction traffic, and to protect their facilities and the facilities of others affected by the Work and to properly police sameall personnel entering the Building in connection with the Work. Construction equipment and materials are to be kept within the Existing Premises and/or the Additional Premises (subject to the limitations contained in the Third Amendment) and delivery and loading of equipment and materials shall be done at such locations and at such time as Landlord reasonably shall direct so as not to burden the construction constructions or operation of the Building. If and as reasonably required by Landlord, provided that Landlord shall use commercially reasonable efforts to coordinate the Additional Premises shall be sealed off from the balance of the office space on the floor(s) containing the Premises so as to minimize the disbursement of dirt, debris and noisesame.
(f) Landlord shall have the right , after not less than five (5) days notice to Tenant, to order Tenant or any of Tenant’s Contractors who violate the Union Tower General Rules and Regulations for Contractors (a copy of which Tenant has received) or the other requirements of this Lease imposed on Tenant or Tenant’s Contractors in performing work to cease work and remove its equipment and employees from the BuildingBuilding provided, however, prior to any such order (i) if the violation is of such a nature that it threatens in Landlord’s discretion to create a hazardous condition or disrupt building operations or other tenants, then Landlord shall provide one (1) written notice and one (1) day right to cure, and (ii) if the violation is of any other type, then Landlord shall provide one (1) written notice and three (3) days right to cure; further provided, however, that Landlord shall have no obligation to provide any notice or cure rights as to either (i) or (ii) if a repeat violation of a substantially similar type occurs. In any event, Landlord may make the continuation of work contingent upon payment by Tenant or Tenant’s Contractors of any damages or costs incurred by Landlord or other tenants as a result of such violation. No such action by Landlord shall delay the commencement of the Lease Additional Premises Commencement Date or the obligation to pay Rent or any other obligations therein set forthforth in the Lease.
(g) Utility costs or charges for any service (including HVAC, hoisting or freight elevator and the like) to the Additional Premises in connection with and during the performance of the Work shall be the responsibility of Tenant and shall be paid for by Tenant at Landlord’s standard rates then in effect as provided beloweffect, provided, however, Landlord shall not charge for freight elevator usage unless an attendant or special operations are required, in Landlord’s discretion. Tenant shall pay for all support services provided by Landlord’s contractors at Tenant’s written request or at Landlord’s reasonable discretion resulting from breaches or defaults beyond applicable notice and cure periods by Tenant under this Work Letter Agreement. For purposes of the Work, Tenant shall have the nonexclusive right to use the Building’s freight elevators subject to availability and scheduling as may be reasonably established by Landlord. Such freight elevator use by Tenant during normal the business day on a first-come, first-serve basis without additional charges; all after- hours shall be free of charge; provided, however, to the extent Tenant utilizes such freight elevators prior to 8:00 a.m. and after 5:00 p.m. on Monday through Friday and anytime on Saturday, Sunday and holidays, such use shall be at the standard Building charge subject to scheduling by Landlord and to Tenant’s payment of Landlord’s out-of-pocket for such after-hours freight elevator service; providedusage, further, if any other tenant including costs of the Building is also using said freight elevator’s with Tenant after such time periods, then any charge to Tenant shall be apportioned between or among all parties utilizing such freight elevatorsnecessary personnel. Tenant shall arrange and pay for removal of construction debris and shall not place debris in the Building’s waste containers. Subject to space availability and Tenant’s compliance with Landlord’s reasonable rules and regulations, Landlord shall permit Tenant’s Contractors to place waste containers at the Building loading dock for after-hours removal of waste and debris. If required by LandlordLandlord by the giving of notice, Tenant shall sort and separate its waste and debris for recycling and/or environmental law compliance purposes.
(h) Tenant shall permit access to the Additional PremisesPremises by Landlord upon reasonable prior notice to Xxxxx Small at 000-000-0000 (which may be oral or by voice-mail), and the Work shall be subject to inspection, by Landlord and Landlord’s architects, engineers, contractors and other representatives, at all times during the period in which the Work is being constructed and installed and following completion of the Work, provided that Landlord shall use reasonable efforts to minimize its interference with the Work.
(i) Tenant shall proceed with its work expeditiously, continuously and efficiently, and shall use all commercially reasonable efforts to complete the same on or before the Additional Premises Rent Commencement Date. Tenant shall notify Landlord upon completion of the Work and shall furnish Landlord and Landlord’s title insurance company with such further documentation as may be reasonably necessary under the requirements herein.
(j) Tenant shall have no authority to deviate from the Approved Plans in performance of the WorkWork (except for de minimis deviations of a type customarily not the subject of change orders), except as approved authorized by Landlord and or its designated representative in writing, which approval shall not be unreasonably withheld or delayedwriting in a change order approved in writing by Landlord. Tenant shall furnish to Landlord “as-built” drawings of the Work within thirty (30) days after completion of the Work.
(k) Landlord shall have the right to run utility lines, pipes, conduits, duct work and component parts of all mechanical and electrical systems where necessary or desirable through the Additional Premises, to repair, alter, replace or remove the same, and to require Tenant to install and maintain proper access panels thereto.
(l) Tenant shall impose on and enforce all applicable terms of this Work Letter Agreement against Tenant’s architect and Tenant’s Contractors.
(m) Tenant and Landlord each acknowledges and agrees that the Work will include any work, both within and outside the Additional Premises, that may be necessary in order for Tenant to use and occupy the Premises.
Appears in 1 contract
Samples: Lease (Huron Consulting Group Inc.)
STANDARDS OF DESIGN AND CONSTRUCTION AND CONDITIONS OF TENANT’S PERFORMANCE. All work done in or upon the Premises by Tenant shall be done according to the standards set forth in this Paragraph 6, except as the same may be modified in the Approved Plans approved by or on behalf of Landlord and Tenant.
(a) Tenant’s Approved Plans and all design and construction of the Tenant’s Work shall comply with all applicable statutes, ordinances, regulations, laws, codes and industry standards, including, but not limited to, reasonable requirements of Landlord’s fire insurance underwriters.
(b) Tenant shall, at its own cost and expense (but payable from Landlord’s Contribution)expense, obtain all required building permits and occupancy permits. Tenant’s failure to obtain such permits shall not cause a delay in the commencement of the Term or the obligation to pay Rent or any other obligations set forth in the Lease.
(c) Tenant’s Contractors shall be licensed contractors, possessing good labor relations, capable of performing quality workmanship and working in harmony with Landlord’s contractors and subcontractors and with other contractors and subcontractors in the Building. All work Tenant’s Work shall be coordinated with any other construction or other work in the Building in order not to adversely affect construction work being performed by or for Landlord or its tenants.
(d) Landlord shall have the right, but not the obligation, to perform, on behalf of and for the account of Tenant, subject to reimbursement by Tenant, any work which pertains to patching of the Work and other work in the Building, or which otherwise affects Building structure or systems.
(e) Tenant shall use only new, first-class materials in the Tenant’s Work, except where explicitly shown in the Approved Plans. All Tenant’s Work shall be done in a good and workmanlike manner. Tenant shall obtain contractors’ warranties of at least one (1) year duration from the completion of the Tenant’s Work against defects in workmanship and materials on all work performed and equipment installed in the Additional Premises as part of the Tenant’s Work.
(ef) Tenant and Tenant’s Contractors shall make all commercially reasonable efforts efforts, and take all commercially reasonable steps appropriate to assure that all construction activities undertaken comport with the reasonable expectations of all tenants and other occupants of a fully-occupied (or substantially fully occupied) first-class office residential apartment building (containing retail components therein) and do not unreasonably interfere with the operation of the Building or with other tenants and occupants of the Building. In any event, Tenant and Tenant’s Contractors shall comply with all reasonable construction rules and regulations existing from time to time at the Building. Tenant and Tenant’s Contractors shall take all precautionary steps to minimize dust, noise and construction traffic, and to protect their facilities and the facilities of others affected by the Tenant’s Work and to properly police and secure same. Construction equipment and materials are to be kept within the Additional Premises and delivery and loading of equipment and materials shall be done at such locations and at such time as Landlord reasonably shall direct so as not to burden the construction or operation of the Building. If and as reasonably required by Landlord, the Additional Premises shall be sealed off from the balance of the office space on the floor(s) floor containing the Premises so as to minimize the disbursement dispersal of dirt, debris and noise.
(fg) Landlord shall have the right , after not less than five (5) days notice to Tenant, to order Tenant or any of Tenant’s Contractors who violate the requirements imposed on Tenant or Tenant’s Contractors in performing work to cease work and remove its equipment and employees from the Building. No such action by Landlord in connection with any other Contractors shall delay the commencement of the Lease Commencement Date or the obligation to pay Rent or any other obligations therein set forthforth in the Lease.
(gh) Utility costs or charges for any service (including including, without limitation, HVAC, hoisting or freight elevator and the like) to the Additional Premises shall be the responsibility of Tenant from the date Tenant is obligated to commence or commences the Tenant’s Work and shall be paid for by Tenant at Landlord’s standard rates then in effect as provided beloweffect. Landlord has applied for, paid for, and installed all utility meters required. Tenant shall pay for all support services provided by Landlord’s contractors at Tenant’s request or at Landlord’s discretion resulting from breaches or defaults by Tenant under this Work Letter AgreementWorkletter. For purposes All use of freight elevators is subject to scheduling by Landlord and the rules and regulations of the Work, Tenant shall have the nonexclusive right to use the Building’s freight elevators subject to availability and scheduling as may be reasonably established by Landlord. Such freight elevator use by Tenant during normal business hours shall be free of charge; provided, however, to the extent Tenant utilizes such freight elevators prior to 8:00 a.m. and after 5:00 p.m. on Monday through Friday and anytime on Saturday, Sunday and holidays, such use shall be at the standard Building charge for after-hours freight elevator service; provided, further, if any other tenant of the Building is also using said freight elevator’s with Tenant after such time periods, then any charge to Tenant shall be apportioned between or among all parties utilizing such freight elevators. Tenant shall arrange and pay for removal of construction debris and shall not place debris in the Building’s waste containers. Subject to space availability and Tenant’s compliance with Landlord’s reasonable rules and regulations, Landlord shall permit Tenant’s Contractors to place waste containers at the Building loading dock for after-hours removal of waste and debris. If required by Landlord, Tenant shall sort and separate its waste and debris for recycling and/or environmental law compliance purposes.
(hi) Tenant shall permit access to the Additional Premises, and the Tenant’s Work shall be subject to inspection, by Landlord and Landlord’s architects, engineers, contractors and other representatives, at all times during the period in which the Tenant’s Work is being constructed and installed and following completion of the Tenant’s Work.
(ij) Tenant shall proceed with its work the Tenant’s Work expeditiously, continuously and efficiently, and shall use all commercially reasonable its best efforts to complete the same on or before the Additional Premises Rent Commencement Date. Tenant shall notify Landlord upon completion of the Tenant’s Work and shall furnish Landlord and Landlord’s title insurance company with such further documentation as may be necessary under the requirements hereinParagraphs 8 and 9 below.
(jk) Tenant shall have no authority to deviate from the Approved Plans in performance of the Tenant’s Work, except as approved authorized by Landlord and its designated representative in writing, which approval shall not be unreasonably withheld or delayed. Tenant shall furnish to Landlord “as-built” drawings of the Tenant’s Work within thirty (30) days after completion of the Tenant’s Work.
(kl) Upon twenty-four (24) hours prior notice (or less in the event of emergency), Landlord shall have the right to run utility lines, pipes, conduits, duct work and component parts of all mechanical and electrical systems where necessary or desirable through the Additional Premises, using contractors licensed in the City of Chicago, and in reasonable coordination with Tenant so as to minimize the effect of and on Tenant’s security system, and shall also have the right to access, repair, alter, replace or remove the same, and to require Tenant to install and maintain proper access panels thereto.
(lm) Tenant shall impose on and enforce all applicable terms of this Work Letter Agreement Workletter against Tenant’s architect Architect and Tenant’s Contractors.
(m) Tenant and Landlord each acknowledges and agrees that the Work will include any work, both within and outside the Additional Premises, that may be necessary in order for Tenant to use and occupy the Premises.
Appears in 1 contract
STANDARDS OF DESIGN AND CONSTRUCTION AND CONDITIONS OF TENANT’S PERFORMANCE. All work done in or upon the Premises by Tenant shall be done according to the standards set forth in this Paragraph 64, except as the same may be modified in the Approved Plans approved by or on behalf of Landlord and Tenant.
(a) Tenant’s Approved Plans and all design and construction of the Work Tenant Improvements shall comply with all applicable statutes, ordinances, regulations, laws, codes and industry standards, including, but not limited to, reasonable requirements of Landlord’s fire insurance underwriters.
(b) Tenant shall, at its own cost and expense (but payable from Landlord’s Contribution)expense, obtain all required building permits and occupancy permits. Tenant’s failure to obtain such permits shall not cause a delay in the commencement of the Term or the obligation to pay Rent or any other obligations set forth in the Lease.
(c) Tenant’s Contractors contractors shall be reputable licensed contractors, possessing good labor relations, capable of performing quality workmanship and working in harmony with Landlord’s contractors and subcontractors and with other contractors and subcontractors in the Building. All work The Tenant Improvements shall be coordinated with any other construction or other work in the Building in order not to adversely affect construction work being performed by or for Landlord or its tenants.
(d) Tenant shall use only new, first-class new materials in the WorkTenant Improvements, except where explicitly shown in the Approved Plans. All Work Tenant Improvements shall be done in a good and workmanlike manner. Tenant shall obtain contractors’ warranties of at least one (1) year duration from the completion of the Work Tenant Improvements against defects in workmanship and materials on all work performed and equipment installed in the Additional Premises as part of the WorkTenant Improvements.
(e) Tenant and Tenant’s Contractors contractors shall make all commercially reasonable efforts and take all commercially reasonable steps appropriate to assure that all construction activities undertaken comport with the reasonable expectations of all tenants and other occupants of a fully-occupied (or substantially fully occupied) first-class office building and do not unreasonably interfere with the operation any other tenants of the Building or with other tenants and occupants of the Building. In any event, Tenant shall comply with all reasonable rules and regulations existing from time to time at the Building. Tenant and Tenant’s Contractors shall take all precautionary steps to minimize dust, noise and construction traffic, and to protect their facilities and the facilities of others affected by the Work and to properly police same. Construction equipment and materials are to be kept within the Additional Premises and delivery and loading of equipment and materials shall be done at such locations and at such time as Landlord reasonably shall direct so as not to burden the construction or operation of the Building. If and as reasonably required by Landlord, the Additional Premises shall be sealed off from the balance of the office space on the floor(s) containing where the Premises so as to minimize the disbursement of dirt, debris and noiseare located.
(f) Landlord shall have the right , after not less than five (5) days notice to Tenant, to order Tenant or any of Tenant’s Contractors who violate the requirements imposed on Tenant or Tenant’s Contractors contractors in performing work to cease work and remove its equipment and employees from the Building. No such action by Landlord shall delay the commencement of the Lease or the obligation to pay Rent or any other obligations therein set forth.
(g) Utility costs or charges for any service (including HVAC, hoisting or freight elevator and the like) to the Additional Premises shall be the responsibility of Tenant and shall be paid for by Tenant at Landlord’s standard rates then in effect as provided below. Tenant shall pay for all support services provided by Landlord’s contractors at Tenant’s request or at Landlord’s discretion resulting from breaches or defaults by Tenant under this Work Letter Agreement. For purposes of the Work, Tenant shall have the nonexclusive right to use the Building’s freight elevators subject to availability and scheduling as may be reasonably established by Landlord. Such freight elevator use by Tenant during normal business hours shall be free of charge; provided, however, to the extent Tenant utilizes such freight elevators prior to 8:00 a.m. and after 5:00 p.m. on Monday through Friday and anytime on Saturday, Sunday and holidays, such use shall be at the standard Building charge for after-hours freight elevator service; provided, further, if any other tenant of the Building is also using said freight elevator’s with Tenant after such time periods, then any charge to Tenant shall be apportioned between or among all parties utilizing such freight elevators. Tenant shall arrange and pay for removal of construction debris and shall not place debris in the Building’s waste containers. Subject to space availability and Tenant’s compliance with Landlord’s reasonable rules and regulations, Landlord shall permit Tenant’s Contractors to place waste containers at the Building loading dock for after-hours removal of waste and debris. If required by Landlord, Tenant shall sort and separate its waste and debris for recycling and/or environmental law compliance purposes.
(h) Tenant shall permit access to the Additional Premises, and the Work Tenant Improvements shall be subject to inspection, by Landlord and Landlord’s architects, engineers, contractors and other representatives, at all times during the period in which the Work Tenant Improvements is being constructed and installed and following completion of the WorkTenant Improvements.
(ih) Tenant shall proceed with its work expeditiously, continuously and efficiently, and shall use all commercially reasonable efforts to complete the same on or before the Additional Premises Rent Commencement Date. Tenant shall notify Landlord upon completion of the Work and shall furnish Landlord and Landlord’s title insurance company with such further documentation as may be necessary under the requirements herein.
(ji) Tenant shall have no authority to deviate from the Approved Plans in performance of the Work, except as approved by Landlord and its designated representative in writing, which approval shall not be unreasonably withheld or delayed. Tenant shall furnish to Landlord “as-built” drawings of the Work Tenant Improvements within thirty (30) days after completion of the WorkTenant Improvements.
(k) Landlord shall have the right to run utility lines, pipes, conduits, duct work and component parts of all mechanical and electrical systems where necessary or desirable through the Additional Premises, to repair, alter, replace or remove the same, and to require Tenant to install and maintain proper access panels thereto.
(lj) Tenant shall impose on and enforce all applicable terms of this Work Letter Agreement Exhibit against Tenant’s architect and Tenant’s Contractorscontractors.
(m) Tenant and Landlord each acknowledges and agrees that the Work will include any work, both within and outside the Additional Premises, that may be necessary in order for Tenant to use and occupy the Premises.
Appears in 1 contract
STANDARDS OF DESIGN AND CONSTRUCTION AND CONDITIONS OF TENANT’S PERFORMANCE. All work done in or upon the Premises by Tenant shall be done according to the standards set forth in this Paragraph Article 6, except as the same may be modified in the Approved Plans approved by or on behalf of both Landlord and Tenant.
(a) Tenant’s Approved Plans and all design and construction of the Work Leasehold Improvements shall comply with all applicable statutes, ordinances, regulations, laws, codes and industry standards, including, but not limited to, reasonable requirements of Landlord’s fire insurance underwritersunderwriters and the requirements of the Americans With Disabilities Act. Approval by Landlord of the Plans shall not constitute a waiver of this requirement or assumption by Landlord of responsibility for compliance.
(b) Tenant shall, at its own cost and expense (expense, but payable from subject to payment by Landlord of Landlord’s Contribution)Contribution under Article 8 below, obtain all required building permits and, when construction has been completed, shall, at its own cost and expense, obtain an occupancy permitspermit for the Premises, which shall be delivered to Landlord. Tenant’s failure to obtain such permits shall not cause a delay in the commencement of the Term Rent Commencement Date, or the obligation to pay payment of Rent or any and performance of other obligations set forth in under the Lease.
(c) Tenant’s Contractors shall be licensed contractors, possessing good labor relations, capable of performing quality workmanship and working in harmony with Landlord’s contractors and subcontractors and with other contractors and subcontractors in the Building. All work shall be coordinated with any other construction or other work in the Building in order not to adversely affect construction work being performed by or for Landlord or its tenantsProject.
(d) Tenant shall use only new, first-class materials in the WorkLeasehold Improvements generally of a quality level of building standard, except where explicitly shown in the Approved PlansPlans approved by Landlord and Tenant. All Work Such approval of Landlord shall not be done in a good and workmanlike manner. Tenant shall obtain contractors’ warranties of at least one (1) year duration from the completion of the Work against defects in workmanship and materials on all work performed and equipment installed in the Additional Premises as part of the Workunreasonably withheld, conditioned or delayed.
(e) Tenant and Tenant’s Contractors Contractors, in performing work, shall make all commercially reasonable efforts and take all commercially reasonable steps appropriate to assure that all construction activities undertaken comport with the reasonable expectations of all tenants and other occupants of a fully-occupied (or substantially fully occupied) first-class office building and do not unreasonably interfere with the operation of the Building or cooperate with other tenants and occupants of the Building. In any event, Tenant Project so that the parties shall comply not interfere with all reasonable rules and regulations existing from time to time at the Building. Tenant and Tenanteach other’s Contractors shall take all precautionary steps to minimize dust, noise and construction traffic, and to protect their facilities and the facilities of others affected by the Work and to properly police samework. Construction equipment and materials are to be kept within the Additional Premises (or in such areas outside of the Premises as Landlord may designate for such purpose) and delivery and loading of equipment and materials shall be done at such locations and at such time as Landlord shall reasonably shall direct so as not to unreasonably burden the construction or operation of the Building. If and as reasonably required by Landlord, the Additional Premises shall be sealed off from the balance of the office space on the floor(s) containing the Premises so as to minimize the disbursement of dirt, debris and noiseProject.
(f) Landlord shall have the right , after not less than five (5) days notice to Tenant, to order Tenant or any of Tenant’s Contractors who violate the requirements imposed on Tenant or Tenant’s Contractors in performing work to cease work and remove its equipment and employees from the Building. No such action by Landlord shall delay the commencement of the Lease or the obligation to pay Rent or any other obligations therein set forth.
(g) Utility costs or charges for any service (including HVAC, hoisting or freight elevator and the like) to the Additional Premises shall be the responsibility of Tenant and shall be paid for by Tenant at Landlord’s standard rates then in effect as provided below. Tenant shall pay for all support services provided by Landlord’s contractors at Tenant’s request or at Landlord’s discretion resulting from breaches or defaults by Tenant under this Work Letter Agreement. For purposes of the Work, Tenant shall have the nonexclusive right to use the Building’s freight elevators subject to availability and scheduling as may be reasonably established by Landlord. Such freight elevator use by Tenant during normal business hours shall be free of charge; provided, however, to the extent Tenant utilizes such freight elevators prior to 8:00 a.m. and after 5:00 p.m. on Monday through Friday and anytime on Saturday, Sunday and holidays, such use shall be at the standard Building charge for after-hours freight elevator service; provided, further, if any other tenant of the Building is also using said freight elevator’s with Tenant after such time periods, then any charge to Tenant shall be apportioned between or among all parties utilizing such freight elevators. Tenant shall arrange and pay for removal of construction debris and shall not place debris in the Building’s waste containers. Subject to space availability and Tenant’s compliance with Landlord’s reasonable rules and regulations, Landlord shall permit Tenant’s Contractors to place waste containers at the Building loading dock for after-hours removal of waste and debris. If required by Landlord, Tenant shall sort and separate its waste and debris for recycling and/or environmental law compliance purposes.
(h) Tenant shall permit access to the Additional Premises, and the Work Leasehold Improvements shall be subject to inspection, by Landlord and Landlord’s architects, engineers, contractors and other representatives, at all times during the period in which the Work is Leasehold Improvements are being constructed and installed and following completion of the WorkLeasehold Improvements. With respect to such inspections, Landlord shall take reasonable steps to minimize any unreasonable burden or delay to the progress of Tenant’s work.
(ig) Tenant shall proceed with its work expeditiously, continuously and efficiently, and shall use all commercially reasonable efforts to complete the same on or before the Additional Premises Rent Commencement Date. Tenant shall notify Landlord upon completion of the Work Leasehold Improvements and shall furnish Landlord and Landlord’s title insurance company with such further documentation as may be necessary under the requirements hereinArticle 8 below.
(jh) Tenant shall have no authority to materially deviate from the Approved Plans in performance of the WorkLeasehold Improvements, except as approved authorized by Landlord and its designated representative in writing, which approval shall not be unreasonably withheld or delayed. Tenant shall furnish to Landlord “as-built” drawings of the Work Leasehold Improvements. Such record drawings shall be submitted in a final package by Tenant’s general contractor to Landlord within thirty one hundred eighty (30180) days after completion of the WorkLeasehold Improvements. Final disbursement of any remaining amounts of Landlord’s Contribution will not occur until such record drawings have been received by Landlord.
(k) Landlord shall have the right to run utility lines, pipes, conduits, duct work and component parts of all mechanical and electrical systems where necessary or desirable through the Additional Premises, to repair, alter, replace or remove the same, and to require Tenant to install and maintain proper access panels thereto.
(li) Tenant shall impose on and enforce all applicable terms of this Work Letter Agreement herein against Tenant’s architect Architect and Tenant’s Contractors.
(m) Tenant and Landlord each acknowledges and agrees that the Work will include any work, both within and outside the Additional Premises, that may be necessary in order for Tenant to use and occupy the Premises.
Appears in 1 contract
STANDARDS OF DESIGN AND CONSTRUCTION AND CONDITIONS OF TENANT’S PERFORMANCE. All work done in or upon the Premises by Tenant shall be done according to the standards set forth in this Paragraph 6Section 7, except as the same may be modified in the Approved Plans approved by or on behalf of Landlord and Tenant.
(a) Tenant’s Approved Plans and all design and construction of the Work shall comply with all applicable statutes, ordinances, regulations, laws, codes and industry standards, including, but not limited to, reasonable requirements of Landlord’s fire insurance underwriters.
(b) Tenant shall, at its own cost and expense (but payable from Landlord’s Contribution)expense, obtain all required building permits and occupancy permits. Tenant’s failure to obtain such permits shall not cause a delay in the commencement of the Lease Term or the obligation to pay Rent or any other obligations set forth in the Lease.
(c) Tenant’s Contractors shall be licensed contractors, possessing good labor relations, capable of performing quality workmanship and working in harmony with Landlord’s contractors and subcontractors and with other contractors and subcontractors in the Building. All work shall be coordinated with any other construction or other work in the Building in order not to adversely affect construction work being performed by or for Landlord or its tenants.
(d) Tenant shall use only new, first-class materials in the Work, except where explicitly shown in the Approved Plans. , All Work shall be done in a good and workmanlike manner. Tenant shall obtain contractors’ warranties of at least one (1) year duration from the completion of the Work against defects in workmanship and materials on all work performed and equipment installed in the Additional Premises as part of the Work.
(e) Tenant and Tenant’s Contractors shall make all commercially reasonable efforts and take all commercially reasonable steps appropriate to assure that all construction activities undertaken comport with the reasonable expectations of all tenants and other occupants of a fully-occupied (or substantially fully occupied) first-class office building and do not unreasonably interfere with the operation of the Building or with other tenants and occupants of the Building. In any event, Tenant shall comply with all reasonable rules and regulations existing from time to time at the Building. Tenant and Tenant’s Contractors shall take all precautionary steps to minimize dust, noise and construction traffic, and to protect their facilities and the facilities of others affected by the Work and to properly police same. Construction equipment and materials are to be kept within the Additional Premises and delivery and loading of equipment and materials shall be done at such locations and at such time as Landlord reasonably shall direct so as not to burden the construction or operation of the Building. If and as reasonably required by Landlord, the Additional Premises shall be sealed off from the balance of the office space on the floor(s) containing the Premises so as to minimize the disbursement dispersement of dirt, debris and noise.
(f) Landlord shall have the right , after not less than five (5) days notice to Tenant, to order Tenant or any of Tenant’s Contractors who violate the requirements imposed on Tenant or Tenant’s Contractors in performing work to cease work and remove its equipment and employees from the Building. No such action by Landlord shall delay the commencement of the Lease or the obligation to pay Rent or any other obligations therein set forth.
(g) Utility costs or charges for any service (including HVAC, hoisting or freight elevator and the like) to the Additional Premises shall be the responsibility of Tenant from and shall be paid for by Tenant at Landlord’s standard rates then in effect as provided belowafter the Commencement Date. Tenant shall pay for all support services provided by Landlord’s contractors at Tenant’s written request or at Landlord’s discretion resulting from breaches or defaults by Tenant under this Work Letter Agreement. For purposes All use of freight elevators is subject to scheduling by Landlord and the rules and regulations of the Work, Tenant shall have the nonexclusive right to use the Building’s freight elevators subject to availability and scheduling as may be reasonably established by Landlord. Such freight elevator use by Tenant during normal business hours shall be free of charge; provided, however, to the extent Tenant utilizes such freight elevators prior to 8:00 a.m. and after 5:00 p.m. on Monday through Friday and anytime on Saturday, Sunday and holidays, such use shall be at the standard Building charge for after-hours freight elevator service; provided, further, if any other tenant of the Building is also using said freight elevator’s with Tenant after such time periods, then any charge to Tenant shall be apportioned between or among all parties utilizing such freight elevators. Tenant shall arrange and pay for removal of construction debris and shall not place debris in the Building’s waste containers. Subject to space availability and Tenant’s compliance with Landlord’s reasonable rules and regulations, Landlord shall permit Tenant’s Contractors to place waste containers at the Building loading dock for after-hours removal of waste and debris. If required by LandlordApplicable Law, Tenant shall sort and separate its waste and debris for recycling and/or environmental law compliance purposes.
(h) Tenant shall permit access to the Additional Premises, and the Work shall be subject to inspection, by Landlord and Landlord’s architects, engineers, contractors and other representatives, at all times during the period in which the Work is being constructed and installed and following completion of the Work.
(i) Tenant shall proceed with its work expeditiously, continuously and efficiently, and shall use all commercially reasonable efforts to complete the same on or before the Additional Premises Rent Commencement Date. Tenant shall notify Landlord upon completion of the Work and shall furnish Landlord and Landlord’s title insurance company with such further documentation as may be necessary under the requirements herein.
(j) Tenant shall have no authority to deviate from the Approved Plans in performance of the Work, except as approved authorized by Landlord and its designated representative in writing, writing (which approval shall not be unreasonably conditioned, withheld or delayed). Tenant shall furnish to Landlord “as-built” drawings of the Work within thirty (30) days after completion of the Work.
(k) Landlord shall have the right to run utility lines, pipes, conduits, duct work and component parts of all mechanical and electrical systems where necessary or desirable through the Additional Premises, to repair, alter, replace or remove the same, and to require Tenant to install and maintain proper access panels thereto, provided such work shall be performed at such times in such manner so as to minimize disruption to the conduct of Tenant’s business in the Premises and the construction of Tenant’s Work.
(l1) Tenant shall impose on and enforce all applicable terms of this Work Letter Agreement against Tenant’s architect and Tenant’s Contractors.
(m) Tenant and Landlord each acknowledges and agrees that the Work will include any work, both within and outside the Additional Premises, that may be necessary in order for Tenant to use and occupy the Premises.
Appears in 1 contract
STANDARDS OF DESIGN AND CONSTRUCTION AND CONDITIONS OF TENANT’S PERFORMANCE. All work done in or upon the Premises by Tenant shall be done according to the standards set forth in this Paragraph 6, except as the same may be modified in the Approved Initial Plans approved by or on behalf of Landlord and TenantTenant in writing.
(a) Tenant’s Approved 's Initial Plans and all design and construction of the Work shall comply with all applicable statutes, ordinances, regulations, laws, codes and industry standards, including, but not limited to, reasonable requirements of Landlord’s 's fire insurance underwriters.
(b) Tenant shall, at its own cost and expense (but payable from Landlord’s Contribution)expense, obtain all required building permits and occupancy permits. Tenant’s 's failure to obtain such permits shall not cause a delay in the commencement of the Lease Term or the obligation to pay Rent or any other obligations set forth in the Lease.
(c) Tenant’s 's Contractors shall be licensed contractors, possessing good labor relations, capable of performing quality workmanship and working in harmony with Landlord’s 's contractors and subcontractors and with other contractors and subcontractors in the Building. All work shall be coordinated with any other construction or other work in the Building in order not to adversely affect construction work being performed by or for Landlord or its tenants.
(d) Landlord shall have the right, but not the obligation, to perform, on behalf of and for the account of Tenant, subject to reimbursement by Tenant, any work which pertains to patching of the Work and other work in the Building.
(e) Tenant shall use only new, first-class materials in the Work, except where explicitly shown in the Approved Initial Plans. All Work shall be done in a good and workmanlike manner. Tenant shall obtain contractors’ ' warranties of at least one (1) year duration from the completion of the Work against defects in workmanship and materials on all work performed and equipment installed in the Additional Premises as part of the Work.
(ef) Tenant and Tenant’s 's Contractors shall make all commercially reasonable efforts and take all commercially reasonable steps appropriate to assure that all construction activities undertaken comport with the reasonable expectations of all tenants and other occupants of a fully-occupied (or substantially fully occupied) first-class office building and do not unreasonably interfere with the operation of the Building or with other tenants and occupants of the Building. In any event, Tenant shall comply with all reasonable rules and regulations existing from time to time at the Building. Tenant and Tenant’s 's Contractors shall take all precautionary steps to minimize dust, noise and construction traffic, and to protect their facilities and the facilities of others affected by the Work and to properly police same. Construction equipment and materials are to be kept within the Additional Premises and delivery and loading of equipment and materials shall be done at such locations and at such time as Landlord reasonably shall direct so as not to burden the construction or operation of the Building. If and as reasonably required by Landlord, the Additional Premises shall be sealed off from the balance of the office space on the floor(s) containing the Premises so as to minimize the disbursement of dirt, debris and noise.
(fg) Landlord shall have the right right, after not less than five (5) days giving written notice to Tenant, to order Tenant or any of Tenant’s 's Contractors who violate repeatedly, or materially, violates the requirements imposed on Tenant or Tenant’s 's Contractors in performing work to cease work and remove its equipment and employees from the Building. No such action by Landlord shall delay the commencement of the Lease or the obligation to pay Rent or any other obligations therein set forth.
(gh) Utility costs or charges for any service (including HVAC, hoisting or freight elevator and the like) to the Additional Premises shall be the responsibility of Tenant from the date Tenant is obligated to commence or commences the Work and shall be paid for by Tenant at Landlord’s 's standard rates then in effect as provided beloweffect. Tenant shall apply and pay for all utility meters required. Tenant shall pay for all support services provided by Landlord’s 's contractors at Tenant’s 's request or at Landlord’s 's discretion resulting from breaches or defaults by Tenant under this Work Letter AgreementLetter. For purposes All use of freight elevators is subject to scheduling by Landlord and the rules and regulations of the Work, Tenant shall have the nonexclusive right to use the Building’s freight elevators subject to availability and scheduling as may be reasonably established by Landlord. Such freight elevator use by Tenant during normal business hours shall be free of charge; provided, however, to the extent Tenant utilizes such freight elevators prior to 8:00 a.m. and after 5:00 p.m. on Monday through Friday and anytime on Saturday, Sunday and holidays, such use shall be at the standard Building charge for after-hours freight elevator service; provided, further, if any other tenant of the Building is also using said freight elevator’s with Tenant after such time periods, then any charge to Tenant shall be apportioned between or among all parties utilizing such freight elevators. Tenant shall arrange and pay for removal of construction debris and shall not place debris in the Building’s 's waste containers. Subject to space availability and Tenant’s compliance with Landlord’s reasonable rules and regulations, Landlord shall permit Tenant’s Contractors to place waste containers at the Building loading dock for after-hours removal of waste and debris. If required by Landlord, Tenant shall sort and separate its waste and debris for recycling and/or environmental law compliance purposes.
(hi) Tenant shall permit access to the Additional Premises, and the Work shall be subject to inspection, by Landlord and Landlord’s 's architects, engineers, contractors and other representatives, at all times during the period in which the Work is being constructed and installed and following completion of the Work.
(ij) Tenant shall proceed with its work expeditiously, continuously and efficiently, and shall use all commercially reasonable its best efforts to complete the same on or before ten (10) calendar days after the Additional date Landlord tenders possession of the Premises Rent Commencement Dateto Tenant for the construction of the Work. Tenant shall notify Landlord upon completion of the Work and shall furnish Landlord and Landlord’s 's title insurance company with such further documentation as may be necessary under the requirements hereinParagraphs 8 below.
(jk) Tenant shall have no authority to deviate from the Approved Initial Plans in performance of the Work, except as approved authorized by Landlord and its designated representative in writing, which approval shall not be unreasonably withheld or delayed. Tenant shall furnish to Landlord “as-built” built drawings of the Work within thirty (30) calendar days after completion of the Work.
(k1) Landlord shall have the right to run utility lines, pipes, conduits, duct work and component parts of all mechanical and electrical systems where necessary or desirable through the Additional Premises, to repair, alter, replace or remove the same, and to require Tenant to install and maintain proper access panels thereto.
(l) Tenant shall impose on and enforce all applicable terms of this Work Letter Agreement against Tenant’s architect and Tenant’s Contractors.
(m) Tenant and Landlord each acknowledges and agrees that the Work will include any work, both within and outside the Additional Premises, that may be necessary in order for Tenant to use and occupy the Premises.
Appears in 1 contract
Samples: Sublease (Chemconnect Inc)
STANDARDS OF DESIGN AND CONSTRUCTION AND CONDITIONS OF TENANT’S PERFORMANCE. All work done in or upon the Premises by Tenant shall be done according to the standards set forth in this Paragraph 6, except as the same may be modified in the Approved Plans approved by or on behalf of Landlord and Tenant.
(a) Tenant’s 's Approved Plans and all design and construction of the Work shall comply with all applicable statutes, ordinances, regulations, laws, codes and industry standards, including, but not limited to, reasonable requirements of Landlord’s 's fire insurance underwriters.
(b) Tenant shall, at its own cost and expense (but payable from Landlord’s Contribution)expense, obtain all required building permits and occupancy permits. Tenant’s 's failure to obtain such permits shall not cause a delay in the commencement of the Term or the obligation to pay Rent or any other obligations set forth in the Lease.
(c) Tenant’s 's Contractors shall be licensed contractors, possessing good labor relations, capable of performing quality workmanship and working in harmony with Landlord’s 's contractors and subcontractors and with other contractors and subcontractors in the Building. All work shall be coordinated with any other construction or other work in the Building in order not to adversely affect construction work being performed by or for Landlord or its tenants.
(d) Landlord shall have the right, but not the obligation, to perform, on behalf of and for the account of Tenant, subject to reimbursement by Tenant, any work which pertains to patching of the Work and other work in the Building.
(e) Tenant shall use only new, first-class materials in the Work, except where explicitly shown in the Approved Plans. All Work shall be done in a good and workmanlike manner. Tenant shall obtain contractors’ ' warranties of at least one (1) year duration from the completion of the Work against defects in workmanship and materials on all work performed and equipment installed in the Additional Premises as part of the Work.
(ef) Tenant and Tenant’s 's Contractors shall make all commercially reasonable efforts and take all commercially reasonable steps appropriate to assure that all construction activities undertaken comport with the reasonable expectations of all tenants and other occupants of a fully-occupied (or substantially fully occupied) first-class office building and do not unreasonably interfere with the operation of the Building or with other tenants and occupants of the Building. In any event, Tenant shall comply with all reasonable rules and regulations existing from time to time at the Building. Tenant and Tenant’s 's Contractors shall take all precautionary steps to minimize dust, noise and construction traffic, and to protect their facilities and the facilities of others affected by the Work and to properly police same. Construction equipment and materials are to be kept within the Additional Premises and delivery and loading of equipment and materials shall be done at such locations and at such time as Landlord reasonably shall direct so as not to burden the construction or operation of the Building. If and as reasonably required by Landlord, the Additional Premises shall be sealed off from the balance of the office space on the floor(s) containing the Premises so as to minimize the disbursement dispersement of dirt, debris and noise.
(fg) Landlord shall have the right , after not less than five (5) days notice to Tenant, to order Tenant or any of Tenant’s 's Contractors who violate the requirements imposed on Tenant or Tenant’s 's Contractors in performing work to cease work and remove its equipment and employees from the Building. No such action by Landlord shall delay the commencement of the Lease or the obligation to pay Rent or any other obligations therein set forth.
(g) Utility costs or charges for any service (including HVAC, hoisting or freight elevator and the like) to the Additional Premises shall be the responsibility of Tenant and shall be paid for by Tenant at Landlord’s standard rates then in effect as provided below. Tenant shall pay for all support services provided by Landlord’s contractors at Tenant’s request or at Landlord’s discretion resulting from breaches or defaults by Tenant under this Work Letter Agreement. For purposes of the Work, Tenant shall have the nonexclusive right to use the Building’s freight elevators subject to availability and scheduling as may be reasonably established by Landlord. Such freight elevator use by Tenant during normal business hours shall be free of charge; provided, however, to the extent Tenant utilizes such freight elevators prior to 8:00 a.m. and after 5:00 p.m. on Monday through Friday and anytime on Saturday, Sunday and holidays, such use shall be at the standard Building charge for after-hours freight elevator service; provided, further, if any other tenant of the Building is also using said freight elevator’s with Tenant after such time periods, then any charge to Tenant shall be apportioned between or among all parties utilizing such freight elevators. Tenant shall arrange and pay for removal of construction debris and shall not place debris in the Building’s waste containers. Subject to space availability and Tenant’s compliance with Landlord’s reasonable rules and regulations, Landlord shall permit Tenant’s Contractors to place waste containers at the Building loading dock for after-hours removal of waste and debris. If required by Landlord, Tenant shall sort and separate its waste and debris for recycling and/or environmental law compliance purposes.
(h) Tenant shall permit access to the Additional Premises, and the Work shall be subject to inspection, by Landlord and Landlord’s architects, engineers, contractors and other representatives, at all times during the period in which the Work is being constructed and installed and following completion of the Work.
(i) Tenant shall proceed with its work expeditiously, continuously and efficiently, and shall use all commercially reasonable efforts to complete the same on or before the Additional Premises Rent Commencement Date. Tenant shall notify Landlord upon completion of the Work and shall furnish Landlord and Landlord’s title insurance company with such further documentation as may be necessary under the requirements herein.
(j) Tenant shall have no authority to deviate from the Approved Plans in performance of the Work, except as approved by Landlord and its designated representative in writing, which approval shall not be unreasonably withheld or delayed. Tenant shall furnish to Landlord “as-built” drawings of the Work within thirty (30) days after completion of the Work.
(k) Landlord shall have the right to run utility lines, pipes, conduits, duct work and component parts of all mechanical and electrical systems where necessary or desirable through the Additional Premises, to repair, alter, replace or remove the same, and to require Tenant to install and maintain proper access panels thereto.
(l) Tenant shall impose on and enforce all applicable terms of this Work Letter Agreement against Tenant’s architect and Tenant’s Contractors.
(m) Tenant and Landlord each acknowledges and agrees that the Work will include any work, both within and outside the Additional Premises, that may be necessary in order for Tenant to use and occupy the Premises.EXHIBIT B ---------
Appears in 1 contract
STANDARDS OF DESIGN AND CONSTRUCTION AND CONDITIONS OF TENANT’S PERFORMANCE. All work done in or upon the Premises by Tenant shall be done according to the standards set forth in this Paragraph 65, except as the same may be modified in the Approved Plans approved by or on behalf of Landlord and Tenant.
(a) Tenant’s Approved Plans and all design and construction of the Work shall comply with all applicable statutes, ordinances, regulations, laws, codes and industry standards, including, but not limited to, reasonable requirements of Landlord’s fire insurance underwritersunderwriters and the Americans with Disabilities Act of 1990 (42 U.S.C. §12101 et. Seq.), as amended.
(b) Tenant shall, at its own cost and expense (but payable from Landlord’s Contributionthe Allowance), obtain all required building permits and occupancy permits. Tenant’s failure to obtain such permits shall not cause a delay in the commencement of the Term or the obligation to pay Rent or any other obligations set forth in the Lease.
(c) Tenant’s Contractors contractors shall be licensed contractors, using union labor, possessing good labor relations, reasonably anticipated to be capable of performing quality workmanship and working in harmony with Landlord’s contractors and subcontractors and with other contractors and subcontractors in the Building. All of Tenant’s contracts shall be assignable by Tenant to Landlord and shall specify that Landlord is an intended third party beneficiary of such assignment provision. Tenant agrees that if the Lease shall terminate prior to substantial completion of the Tenant Improvements, at Landlord’s option, Tenant shall assign any or all such contracts to Landlord and shall otherwise reasonably cooperate with Landlord to effect an assignment of Tenant’s right and remaining obligations under such contracts to Landlord. All work shall be coordinated with any other construction constructions or other work in the Building in order not to adversely affect construction work being performed by or for Landlord or its tenants. Landlord shall use commercially reasonable efforts to cooperate with Tenant in such coordination with respect to any work being performed by or for Tenant.
(d) Tenant shall use only new, first-class materials material in the WorkWork comparable to materials used in other tenant improvements in the Building, except where explicitly shown in the Approved Plans. All The Work shall be done performed in a good and workmanlike manner. Tenant shall obtain contractors’ warranties of at least one (1) year duration from the completion of the Work against defects in workmanship and materials on all work Work performed and equipment installed in the Additional Premises as part unless such warranties are not customarily obtained for the type of work and/or material involved, in which event Tenant shall obtain customary warranties. Tenant hereby assigns to Landlord all warranties and guaranties relating to the Work.
(e) Tenant and Tenant’s Contractors shall make all commercially reasonable efforts and take all commercially reasonable steps appropriate to assure that all construction activities undertaken comport with the reasonable expectations of all tenants and other occupants of a fully-occupied (or substantially fully occupied) first-class office building and do not unreasonably interfere with the operation of the Building or with other tenants and occupants of the Building. In any event, Tenant shall during the performance of the Work and throughout the term of the Lease comply with all reasonable rules and regulations existing from time to time at the BuildingBuilding which have heretofore been provided to Tenant (provided Landlord shall provide reasonable prior notice in respect of any new rules and regulation or any modifications of existing rules and regulations). Tenant and Tenant’s Contractors shall take all reasonable precautionary steps to minimize dust, noise and construction traffic, and to protect their facilities and the facilities of others affected by the Work and to properly police sameall personnel entering the Building in connection with the Work. Construction equipment and materials are to be kept within the Additional Premises (subject to the limitations contained in the Fourth Amendment) and delivery and loading of equipment and materials shall be done at such locations and at such time as Landlord reasonably shall direct so as not to burden the construction constructions or operation of the Building. If and as reasonably required by Landlord, provided that Landlord shall use commercially reasonable efforts to coordinate the Additional Premises shall be sealed off from the balance of the office space on the floor(s) containing the Premises so as to minimize the disbursement of dirt, debris and noisesame.
(f) Landlord shall have the right , after not less than five (5) days notice to Tenant, to order Tenant or any of Tenant’s Contractors who violate the Union Tower General Rules and Regulations for Contractors (a copy of which Tenant has received) or the other requirements of the Lease imposed on Tenant or Tenant’s Contractors in performing work to cease work and remove its equipment and employees from the BuildingBuilding provided, however, prior to any such order (i) if the violation is of such a nature that it threatens in Landlord’s reasonable discretion to create a hazardous condition or disrupt building operations or other tenants, then Landlord shall provide one (1) written notice and one (1) day right to cure, and (ii) if the violation is of any other type, then Landlord shall provide one (1) written notice and three (3) days right to cure; further provided, however, that Landlord shall have no obligation to provide any notice or cure rights as to either (i) or (ii) if a repeat violation of a substantially similar type occurs. In any event, Landlord may make the continuation of work contingent upon payment by Tenant or Tenant’s Contractors of any damages or costs incurred by Landlord or other tenants as a result of such violation. No such action by Landlord shall delay the commencement of the Lease or the obligation to pay Rent or any other obligations therein set forthforth in the Lease.
(g) Utility costs or charges for any service (including HVAC, hoisting or freight elevator and the like) to the Additional Premises in connection with and during the performance of the Work shall be the responsibility of Tenant and shall be paid for by Tenant at Landlord’s standard rates then in effect as provided beloweffect, provided, however, Landlord shall not charge for freight elevator usage unless an attendant or special operations are required, in Landlord’s reasonable discretion. Tenant shall pay for all support services provided by Landlord’s contractors at Tenant’s written request or at Landlord’s reasonable discretion resulting from breaches or defaults beyond applicable notice and cure periods by Tenant under this Work Letter AgreementLetter. For purposes of the Work, Tenant shall have the nonexclusive right to use the Building’s freight elevators subject to availability and scheduling as may be reasonably established by Landlord. Such freight elevator use by Tenant during normal the business day on a first-come, first-serve basis without additional charges; all after-hours shall be free of charge; provided, however, to the extent Tenant utilizes such freight elevators prior to 8:00 a.m. and after 5:00 p.m. on Monday through Friday and anytime on Saturday, Sunday and holidays, such use shall be at the standard Building charge subject to scheduling by Landlord and to Tenant’s payment of Landlord’s out-of- pocket for such after-hours freight elevator service; providedusage, further, if any other tenant including costs of the Building is also using said freight elevator’s with Tenant after such time periods, then any charge to Tenant shall be apportioned between or among all parties utilizing such freight elevatorsnecessary personnel. Tenant shall arrange and pay for removal of construction debris and shall not place debris in the Building’s waste containers. Subject to space availability and Tenant’s compliance with Landlord’s reasonable rules and regulations, Landlord shall permit Tenant’s Contractors to place waste containers at the Building loading dock for after-hours removal of waste and debris. If required by LandlordLandlord by the giving of notice, Tenant shall sort and separate its waste and debris for recycling and/or environmental law compliance purposes.
(h) Tenant shall permit access to the Additional PremisesPremises by Landlord upon reasonable prior notice to Tenant, and the Work shall be subject to inspection, by Landlord and Landlord’s architects, engineers, contractors and other representatives, at all times during the period in which the Work is being constructed and installed and following completion of the Work, provided that Landlord shall use reasonable efforts to minimize its interference with the Work.
(i) Tenant shall proceed with its work expeditiously, continuously and efficiently, and shall use all commercially reasonable efforts to complete the same on or before the Additional Premises Rent Commencement Date. Tenant shall notify Landlord upon completion of the Work and shall furnish Landlord and Landlord’s title insurance company with such further documentation as may be reasonably necessary under the requirements herein.
(j) Tenant shall have no authority to deviate from the Approved Plans in performance of the WorkWork (except for de minimis deviations of a type customarily not the subject of change orders), except as approved authorized by Landlord and or its designated representative in writing, which approval shall not be unreasonably withheld or delayedwriting in a change order approved in writing by Landlord. Tenant shall furnish to Landlord “as-built” drawings of the Work within thirty (30) days after completion of the Work.
(k) Landlord shall have the right to run utility lines, pipes, conduits, duct work and component parts of all mechanical and electrical systems where necessary or desirable through the Additional Premises, to repair, alter, replace or remove the same, and to require Tenant to install and maintain proper access panels thereto.
(l) Tenant shall impose on and enforce all applicable terms of this Work Letter Agreement against Tenant’s architect and Tenant’s Contractors.
(m) . Tenant and Landlord each acknowledges and agrees that the Work will include any work, both within and outside the Additional Premises, Premises that may be necessary in order for Tenant to use and occupy the Premises.
Appears in 1 contract
Samples: Lease (Huron Consulting Group Inc.)
STANDARDS OF DESIGN AND CONSTRUCTION AND CONDITIONS OF TENANT’S PERFORMANCE. All work done in or upon the Premises by Tenant shall be done according to the standards set forth in this Paragraph 67, except as the same may be expressly modified in the Approved Lease or in the Plans approved by or on behalf of both Landlord and Tenant.
(a) Tenant’s Approved Plans and all design and construction of the Tenant’s Work shall comply with all applicable statutes, ordinances, regulations, laws, codes Laws and industry standards, including, but not limited to, reasonable requirements of Landlord’s fire insurance underwritersunderwriters and the requirements of the ADA, and with all Construction Rules (as described in Paragraph 2 above), all to the extent in effect from time to time. Approval by Landlord of the Plans shall not constitute a waiver of this requirement or assumption by Landlord of responsibility for compliance. Where several sets of applicable Laws must be met, the strictest shall apply where not prohibited by another Applicable Laws.
(b) Tenant shall, at its own cost and expense (expense, but payable from Landlord’s Contribution)subject to payment by Landlord of the Allowance under Paragraph 9 below, obtain all required building permits and, when construction has been completed, shall, at its own cost and expense, obtain an occupancy permitspermit for the Premises, a copy of which shall be delivered to Landlord. Tenant’s failure to obtain such permits shall not cause a delay in the commencement of the Term Commencement Date or the obligation to pay payment of Rent or any and performance of other obligations set forth in under the Lease.
(c) Tenant’s Contractors shall be licensed contractors, possessing good labor relations, capable of performing quality workmanship and working in harmony with LandlordXxxxxxxx’s contractors and subcontractors and with other contractors and subcontractors in the Building. All work shall be reasonably coordinated with any other construction or other work in the Building Building. Landlord and Tenant shall cooperate with one another and with each such party’s respective contractors in order not all reasonable respects relative to adversely affect construction work being performed by or for Landlord or its tenantscoordination matters.
(d) Landlord shall have the right, but not the obligation, to perform, on behalf of and for the account of Tenant, subject to reimbursement by Xxxxxx, at Landlord’s actual out‑of‑pocket cost (but subject to application of the Allowance to the extent thereof), any work which Landlord deems necessary to be done on an emergency basis or which otherwise affects Building structure or systems, provided that the fees charged by Landlord are commercially reasonable. Landlord shall notify Xxxxxx in writing as soon as possible upon Landlord’s determination of any work for which it has elected to undertake under this Paragraph 7(d).
(e) Tenant shall use only new, first-class quality materials in the Tenant’s Work, except where explicitly shown in the Approved Plans. All Work shall be done in a good Plans approved by Landlord and workmanlike mannerTenant. Tenant shall obtain contractors’ obtain, promptly after completion of the Tenant’s Work, warranties of at least one (1) year duration from the completion of the Tenant’s Work against defects in workmanship and materials on all work performed and equipment installed in the Additional Premises as part of the Tenant’s Work, a copy of which warranties shall be delivered to Landlord promptly following Xxxxxx’s receipt of the same.
(ef) Tenant and Tenant’s Contractors, in performing work, shall do so in conformance with the Construction Rules described in Paragraph 2 above, to the extent in effect for the Building from time to time. Tenant and Tenant’s Contractors shall make all commercially reasonable efforts and take all commercially reasonable steps appropriate to assure that all construction activities undertaken comport with the reasonable expectations of all tenants and other occupants of a fully-occupied (or substantially fully occupied) first-class in similar Class A office building and do buildings so as not unreasonably to interfere with the operation of the Building or with other tenants and occupants of the Building. In shall, in any event, Tenant shall comply with all reasonable rules the aforementioned Construction Rules and regulations existing with the Rules and Regulations from time to time at which are permitted under the BuildingLease. Tenant and Tenant’s Contractors shall take all reasonable precautionary steps to minimize dust, noise and construction traffic, and to protect their facilities and the facilities of others affected by the Tenant’s Work and to properly police supervise same. Tenant shall not permit noise from construction of Tenant’s Work to unreasonably or materially disturb other tenants in the Building. Tenant’s Work which does so unreasonably or materially disturb other tenants shall be performed after regular working hours. Construction equipment and materials are to be kept within the Additional Premises and delivery and loading of equipment and materials shall be done at such locations and at such time as Landlord shall reasonably shall direct so as not to burden the construction or operation of the Building. If and as reasonably required by Landlord, the Additional Premises shall be sealed off from the balance of the office space on the floor(s) containing the Premises so as to minimize the disbursement of dirt, debris and noise.
(fg) Upon not less than twenty-four hours’ written or oral notice to Tenant and Xxxxxx’s failure to reasonably cure such matter within such 24-hour period, Landlord shall have the right , after not less than five (5) days notice to Tenant, to order Tenant or any of Tenant’s Contractors who unreasonably violate the requirements imposed on Tenant or Tenant’s Contractors in performing work to cease work and remove its equipment and employees from the Building (herein, a “Cease Order”), to the extent Landlord determines that such violation is likely to have a material adverse effect on the Building systems, structure or operations, the safety of the Building’s occupants, or to otherwise create any other type of hazardous condition, which Cease Order shall remain effective until such time as the violation which is the subject thereof has been cured. No such action properly taken by Landlord shall delay the commencement of the Lease Commencement Date, or the obligation to pay payment of Rent or any and performance of other obligations therein set forthunder the Lease.
(gh) Utility costs or charges for any service (including including, but not limited to, HVAC, hoisting or freight elevator electrical, trash removal and the like) to the Additional Premises shall be the responsibility of Tenant from the date Tenant commences the Tenant’s Work and shall be paid for by Tenant at Landlord’s standard rates then in effect as provided below(which rates shall reflect Landlord’s direct costs therefor, without any mark-up by Landlord). The initial premises under the Lease are separately metered for electricity (light and outlets), and Tenant shall pay make necessary arrangements with the electrical utility company for direct payment of electricity charges from and after the Possession Date under the Lease (whereupon Tenant shall no longer be responsible for payment to Landlord for such electricity costs as initially provided in the first sentence of this paragraph). Use of freight elevators and loading docks are all support services provided subject to reasonable scheduling by Landlord’s contractors . Any use of the freight elevators will be at Tenant’s request expense, in an amount equal to the actual out‑of‑pocket expenses (if any) incurred by Landlord or at Landlord’s discretion resulting from breaches or defaults security personnel necessitated by Tenant under this Work Letter Agreement. For purposes of the Work, Tenant shall have the nonexclusive right to use the Building’s freight elevators subject to availability and scheduling as may be reasonably established by Landlord. Such such freight elevator use by Tenant during normal business hours shall be free of charge; provided, however, to the extent Tenant utilizes such freight elevators prior to 8:00 a.m. and after 5:00 p.m. on Monday through Friday and anytime on Saturday, Sunday and holidays, such use shall be at the standard Building charge for after-hours freight elevator service; provided, further, if any other tenant of the Building is also using said freight elevator’s with Tenant after such time periods, then any charge to Tenant shall be apportioned between or among all parties utilizing such freight elevatorsusage. Tenant shall arrange and pay for removal of construction debris and shall not place debris in the Building’s waste containers. Subject to space availability Except as provided above, there shall be no charge for use of freight elevators during normal construction hours of the Building in connection with performance of the Tenant’s Work and Xxxxxx’s initial move into the Premises. Further, there shall be no charge for use of loading docks during normal business hours of the Building in connection with Xxxxxx’s Work and Tenant’s compliance with Landlord’s reasonable rules and regulations, Landlord shall permit Tenant’s Contractors initial move into the Premises (subject to place waste containers at the Building conditions for use of loading dock for after-hours removal docks as described above).
(i) Subject to Section 8(g) of waste and debris. If required by Landlordthe Lease, Tenant shall sort and separate permit Landlord and/or its waste and debris for recycling and/or environmental law compliance purposes.
(h) Tenant shall permit representatives to have access to the Additional PremisesPremises upon twenty-four (24) hours’ prior written notice (except that no notice shall be required in the case of an emergency), and the Tenant’s Work shall be subject to inspection, by Landlord and Landlord’s architects, engineers, contractors and other representatives, at all times during the period in which the Tenant’s Work is being constructed and installed and within a reasonable period following completion of the Tenant’s Work.
(ij) Tenant shall proceed with its work expeditiously, continuously and efficiently, and shall use all commercially reasonable efforts to complete the same on or before the Additional Premises Rent Commencement Date. Tenant shall notify Landlord upon completion of the Tenant’s Work and shall furnish Landlord and Landlord’s title insurance company with such further documentation as may be necessary under the requirements hereinreasonably requested by Landlord to evidence same.
(jk) Except as otherwise expressly provided herein, Tenant shall have no authority to deviate from the Approved Plans in performance of the Tenant’s Work, except as approved authorized by Landlord and its designated representative in writing, writing (which approval authorization shall not be unreasonably withheld withheld, conditioned or delayeddelayed in accordance with the same standards for approval as described in Paragraph 3(b) above). Tenant shall furnish to Landlord “as-builtas‑built” drawings of the Tenant’s Work consisting of record drawings of the installed condition of each component of the Tenant’s Work completed from the Plans marked up daily in the field by the various trades. Such record drawings shall be submitted in a final package by Xxxxxx’s general contractor to Landlord within thirty ninety (3090) days after completion of the Tenant’s Work. Final disbursement of any remaining amounts of the Allowance will not occur until such record drawings have been received by Landlord.
(kl) Landlord shall have the right to run require Tenant, at Tenant’s cost, to install and maintain proper access panels to utility lines, pipes, conduits, duct work and component parts of all mechanical and electrical systems where necessary existing or desirable through installed in the Additional Premises, Premises to repair, alter, replace the extent required by applicable Laws or remove otherwise reasonably identified by Landlord as part of its approval of the same, and to require Tenant to install and maintain proper access panels theretoPlans.
(lm) Tenant shall impose on and enforce all applicable terms of this Work Letter Agreement against TenantXxxxxx’s architect Architect, Xxxxxx’s Engineer (as hereinafter defined) and the other Tenant’s Contractors.
(m) Tenant and Landlord each acknowledges and agrees that the Work will include any work, both within and outside the Additional Premises, that may be necessary in order for Tenant to use and occupy the Premises.
Appears in 1 contract
STANDARDS OF DESIGN AND CONSTRUCTION AND CONDITIONS OF TENANT’S PERFORMANCE. All work done in or upon the Premises by Tenant shall be done according to the standards set forth in this Paragraph 67, except as the same may be expressly modified in the Approved lease or in the Plans approved by or on behalf of both Landlord and Tenant.
(a) Tenant’s Approved Plans and all design and construction of the Tenant’s Work shall comply with all applicable statutes, ordinances, regulations, laws, codes and industry standards, including, but not limited to, reasonable requirements of Landlord’s fire insurance underwritersunderwriters and the requirements of the ADA, and with all Building-related construction rules and regulations in effect from time to time. Approval by Landlord of the Plans shall not constitute a waiver of this requirement or assumption by Landlord of responsibility for compliance. Where several sets of the foregoing laws, codes and standards must be met, the strictest shall apply where not prohibited by another law, code or standard.
(b) Tenant shall, at its own cost and expense (expense, but payable from Landlord’s Contribution)subject to payment by Landlord of the Allowance under Paragraph 9 below, obtain all required building permits and, when construction has been completed, shall, at its own cost and expense, to the extent legally required for occupancy permitsof the Premises, obtain an occupancy permit for the Premises, a copy of which shall be delivered to Landlord. Tenant’s failure to obtain such permits shall not cause a delay in the commencement payment of the Term or the obligation to pay Rent or any and performance of other obligations set forth in under the Leaselease.
(c) Tenant’s Contractors shall be licensed contractors, possessing good labor relations, capable of performing quality workmanship and working in harmony with Landlord’s contractors and subcontractors and with other contractors contractors, subcontractors and subcontractors service providers in the Building. All work shall be coordinated with any other construction or other work in the Building in order not to materially adversely affect construction work being performed by or for Landlord or its tenants, provided, however, Landlord shall not unreasonably inhibit Tenant’s Contractors from performing their work and Landlord shall cooperate with Tenant and Tenant’s Contractors in all reasonable respects relative to work coordination matters.
(d) Landlord shall have the right, but not the obligation, and after reasonable prior notice to Tenant (which, in the case of clauses (iii) and (iv) below shall mean at least 24 hours notice), to perform, on behalf of and for the account of Tenant, subject to reimbursement by Tenant (but subject to application of the Allowance to the extent thereof), any work (i) which Landlord deems necessary to be done on an emergency basis, (ii) which pertains to structural components, building systems, the general utility systems for the Building or connecting the Tenant’s Work with any other work in the Building, (iii) which pertains to the erection of temporary safety barricades or signs during construction, or (iv) which pertains to patching of Tenant’s Work and other work in the Building.
(e) Tenant shall use only new, first-class quality materials in the Tenant’s Work, except where explicitly shown in the Approved Plans. All Work shall be done in a good Plans approved by Landlord and workmanlike mannerTenant. Tenant shall obtain contractors’ obtain, promptly after completion of the Tenant’s Work, warranties of at least one (1) year duration from the completion of the Tenant’s Work against defects in workmanship and materials on all work performed and equipment installed in the Additional Premises as part of the Tenant’s Work, a copy of which warranties shall be delivered to Landlord upon Tenant’s receipt of the same. Tenant shall furnish to Landlord “as-built” drawings of the Work within ninety (90) days after completion of Tenant’s Work.
(ef) Tenant and Tenant’s Contractors, in performing work, shall do so in conformance with the construction rules and regulations in effect for the Building from time to time. Tenant and Tenant’s Contractors shall make all commercially reasonable efforts and take all commercially reasonable steps appropriate to assure that all construction activities undertaken comport with the reasonable expectations level of all tenants and other occupants of a fully-occupied (or substantially fully occupied) first-class office building and do professional standards in the industry so as not unreasonably to interfere with the operation of the Building or with and the Project and of other tenants in the Building or the Project, and occupants of the Building. In shall, in any event, Tenant shall comply with all other reasonable rules and regulations existing from time to time at the Building. Tenant and Tenant’s Contractors shall take all reasonable precautionary steps to minimize dust, noise and construction traffic, and to protect their facilities and the facilities of others affected by the Tenant’s Work and to properly police same. Tenant shall not permit noise from construction of Tenant’s Work to disturb other tenants in the Building. Tenant’s Work which does so disturb other tenants shall be performed after regular working hours. Construction equipment and materials are to be kept within the Additional Premises and delivery and loading of equipment and materials shall be done at such locations and at such time as Landlord shall reasonably shall direct so as not to burden the construction or operation of the Building. If and as reasonably required by Landlord, the Additional Premises All work shall be sealed off from coordinated with any other construction or other work in the balance Building in order not to affect adversely construction work being performed by or for Landlord or its tenants, it being understood that, in the event of any conflict, Landlord and its contractors and subcontractors shall have priority over Tenant and Tenant’s Contractors. Electrical service will be made available for the performance of the office space on the floor(s) containing the Premises so as to minimize the disbursement of dirt, debris and noiseTenant Work.
(fg) Upon not less than twenty-four (24) hours’ written or oral notice to Tenant and Tenant’s failure to cure such matter within such 24-hour period, Landlord shall have the right , after not less than five (5) days notice to Tenant, to order Tenant or any of Tenant’s Contractors who violate the requirements imposed on Tenant or Tenant’s Contractors in performing work to cease work and remove its equipment and employees from the Building, to the extent Landlord determines that such violation is likely to have an adverse affect on the Building systems, structure or operations, the safety of the Building’s occupants, or to otherwise create any other type of hazardous condition. A violation will be curable unless the particular violation by the particular Tenant’s Contractor has previously been the basis for a notice to cease work. The foregoing cure period shall not limit the Landlord’s right to require that violations cease immediately. No such action by Landlord shall delay the commencement of the Lease lease Commencement Date, or the obligation to pay payment of Rent or any and performance of other obligations therein set forthunder the lease.
(gh) Utility Tenant shall not be required to pay for utility costs or charges for any service (including HVAC, hoisting or freight elevator and electricity for that portion of the like) duration of Tenant’s Work occurring prior to the Additional Premises shall be the responsibility of Tenant and shall be paid for by Tenant at Landlord’s standard rates then in effect as provided below. Tenant shall pay for all support services provided by Landlord’s contractors at Tenant’s request or at Landlord’s discretion resulting from breaches or defaults by Tenant under this Work Letter Agreement. For purposes of the Work, Tenant shall have the nonexclusive right to use the Building’s freight elevators subject to availability and scheduling as may be reasonably established by Landlord. Such freight elevator use by Tenant during normal business hours shall be free of chargelease Commencement Date; provided, however, Tenant acknowledges that no air-conditioning services will be available for the Premises during such period. Tenant’s use of the freight elevators and the passenger elevators during the construction of Tenant’s Work shall be free of charge for both the normal business hours and overtime hours of the Building, subject to Landlord’s reasonable scheduling requirements. Tenant shall not use the passenger elevators in connection with the moving of construction material or personnel or the performance of the Tenant’s Work, or for Tenant’s initial move into the Premises. Landlord shall provide Tenant, at no cost, with an exclusive area near the Building loading dock for Tenant’s Contractor’s placement of a rubbish dumpster during the duration of Tenant’s Work, initial installation of Tenant’s furniture, fixtures and equipment and move to the extent Tenant utilizes such freight elevators prior to 8:00 a.m. and after 5:00 p.m. on Monday through Friday and anytime on Saturday, Sunday and holidays, such use shall be at the standard Building charge for after-hours freight elevator service; provided, further, if any other tenant of the Building is also using said freight elevator’s with Tenant after such time periods, then any charge to Tenant shall be apportioned between or among all parties utilizing such freight elevatorsPremises. Tenant shall arrange and pay for the cost of the dumpster and for removal of construction debris and at Tenant’s sole cost. Tenant shall not place debris in the Building’s waste containers. Subject to space availability and Tenant’s compliance with Landlord’s reasonable rules and regulations, Landlord shall permit Tenant’s Contractors to place waste containers at the Building loading dock for after-hours removal of waste and debris. If required by Landlord, Tenant shall sort and separate its waste and debris for recycling and/or environmental law compliance purposes.
(hi) Tenant shall permit Landlord access to the Additional Premises, and the Tenant’s Work shall be subject to inspection, by Landlord and Landlord’s architects, engineers, contractors and other representatives, at all times during the period in which the Tenant’s Work is are being constructed and installed and within a reasonable period following completion of the Tenant’s Work.
(ij) Tenant shall proceed with its work expeditiously, continuously and efficiently, and shall use all commercially reasonable efforts from the date Landlord tenders possession of the Premises to complete Tenant for the same on or before construction of the Additional Premises Rent Commencement DateTenant’s Work. Tenant shall notify Landlord upon completion of the Tenant’s Work and shall furnish Landlord and Landlord’s title insurance company with such further documentation as may be reasonably necessary under the requirements hereinParagraph 9 below.
(jk) Except as otherwise expressly provided herein, Tenant shall have no authority to deviate from the Approved Plans in performance of the Tenant’s Work, except as approved authorized by Landlord and its designated representative in writing, writing (which approval authorization shall not be unreasonably withheld or delayeddelayed in accordance with the same standards for approval as described in Paragraph 3(b) above). Tenant shall furnish (or cause Tenant’s general contractor to furnish) to Landlord “as-built” drawings of any components of the Tenant’s Work affecting Building systems or for any electrical, plumbing or other system components of the Tenant’s Work, consisting of record drawings of the installed condition of each such component of the Tenant’s Work completed from the Plans marked up daily in the field by the various trades. Such record drawings shall be submitted in a final package by Tenant’s general contractor to Landlord within thirty ninety (3090) days after completion of the Tenant’s Work. Final disbursement of any remaining amounts of the Allowance will not occur until such record drawings have been received by Landlord.
(kl) Landlord shall have the right to run require Tenant to install and maintain proper access panels to utility lines, pipes, conduits, duct work and component parts of all mechanical and electrical systems where necessary existing or desirable through installed in the Additional Premises, Premises to repair, alter, replace the extent required by applicable laws or remove otherwise identified by Landlord as part of its approval of the same, and to require Tenant to install and maintain proper access panels theretoPlans.
(lm) Tenant shall impose on and enforce all applicable terms of this Work Letter Agreement Workletter against Tenant’s architect Architect, Tenant’s Engineer (as hereinafter defined) and the other Tenant’s Contractors.
(mn) Landlord shall provide coordination and access by Tenant after normal business hours, at Tenant’s cost (including the cost of security and Landlord each acknowledges and agrees that monthly clean-up) to other tenant spaces on the Work will include any work, both within and outside floor in which the Additional Premises, that Premises are located as may be necessary in order for the proper design and construction of the construction of Tenant’s Work.
(o) Landlord shall allow Tenant to engage non-union movers for Tenant’s physical move, so long as use and occupy of such non-union movers does not cause any labor unrest in the PremisesBuilding or the Project.
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Samples: Office Lease (Ulta Salon, Cosmetics & Fragrance, Inc.)
