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 7, except as the same may be modified in the Plans approved by both Landlord and Tenant. (a) Tenant'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, requirements of Landlord's fire insurance underwriters and the requirements of the ADA (i.e., as such ADA requirements pertain to the space within the Premises, and not to any areas external thereto). 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, but 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 permit for the Premises, which shall be delivered to Landlord. Tenant's failure to obtain such permits shall not cause a delay in the New Premises Commencement Date, or the payment of Monthly Base Rent, Rent Adjustments and performance of all other obligations under the Fourth Amendment or the balance of the Lease. Notwithstanding the foregoing, to the extent the building permit issuing body from the City of Chicago (the “City”) (A) specifically acknowledges that the issuance to Tenant of such required building permits is being delayed solely on account of certain Building-related legal non-compliance matters that are not directly related to the Tenant’s Work, or (B) specifically acknowledges that (i) the issuance of an occupancy permit or certificate to Tenant is being delayed solely on account of certain Building-related legal non-compliance matters that are not directly related to the Tenant’s Work and (ii) that such occupancy permit or certificate is required for Tenant’s lawful occupancy of the Premises for the conduct of business therefrom (in either case under clause (A) or clause (B), “Permit Delay Building Issues”), then (i) unless Landlord in good faith contests such assertion by the City, Landlord shall use commercially reasonable efforts to perform any such identified City-required conditions to the issuance of such permits in such reasonably prompt manner so as to minimize any such further delay in the issuance of Tenant’s permits (which Landlord obligations may include, without limitation, if so specified by the City, the payment of all outstanding fees claimed by the City to be due from Landlord and/or the performance of work in or about the Building claimed by the City to be required to be performed by Landlord in order to be in compliance with applicable codes or other City requirements), and (ii) if Landlord in good faith contests such assertion, Landlord shall diligently pursue the resolution of such dispute with the City in such reasonably prompt manner so as to minimize any such further delay in the issuance of Tenant’s permits, and (iii) whether or not Landlord in good faith contests such assertion, any period from the time Landlord is notified by Tenant of the City’s claim of Permit Delay Building Issues, until such Permit Delay Building Issues are performed or satisfied by Landlord, shall be deemed “Permit Issuance Delay” for purposes of Paragraph 4 above. (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, 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. (d) Landlord shall have the right, but not the obligation, upon not less than 72 hours' prior written notice thereof to Tenant (provided that no such notice shall be required in the event of an emergency), to perform, on behalf of and for the account of Tenant, subject to reimbursement by Tenant (provided that the Allowance may be used for such purposes), any work (i) which Landlord reasonably 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 (but only to the extent the Tenant’s Work impacts the structural components of the Building or any Building systems, and Landlord, in good faith determines that action is warranted), or (iii) which pertains to the erection of temporary safety barricades or signs during construction; provided, however, that the amount charged to Tenant shall be reasonable and cost competitive and Tenant shall not be charged more than Tenant would have reasonably been charged if Tenant had the work done for its own account. (e) Tenant shall use only new, quality materials in the Tenant's Work, except where explicitly shown in the Plans approved by Landlord and Tenant. Tenant shall 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 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. It is acknowledged that the foregoing required warranties, to the extent issued by the general contractor, shall satisfy the minimum requirements of this Paragraph 7(e). (f) Tenant and Tenant's Contractors, in performing work, shall do so in conformance with the construction rules and regulations in effect for the Building (a copy of which has heretofore been made available to Tenant) and shall not unreasonably interfere with other tenants and occupants of the Building. 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 unreasonably or materially interfere with the operation of the Building and shall, in any event, 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 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 Premises and delivery and loading of equipment and materials shall be done at such locations and at such time as Landlord shall direct so as not to burden the construction or operation of the Building. (g) Landlord shall have the right, upon 24 hours’ prior written notice to Tenant (except that no notice shall be required in the case of an emergency), to order Tenant or any of Tenant's Contractors who violate the requirements imposed on Tenant or Tenant's Contractors as set forth herein in performing work to cease work and remove its equipment and employees from the Building. No such action properly exercised by Landlord shall delay the New Premises Commencement Date, or the payment of Monthly Base Rent, Rent Adjustments and performance of all other obligations under the Fourth Amendment or the balance of the Lease. (h) Utility costs or charges for any service (including, but not limited to, HVAC, electrical, and the like) to the New Premises (as defined in the Fourth Amendment) 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 reasonable rates; provided that Tenant shall not be responsible for any usage charges for HVAC to the New Premises during standard building office hours at any time prior to the New Premises Commencement Date. Tenant shall not be responsible for any usage charges for freight elevator service or loading dock usage during standard building office hours at any time prior to the New Premises Commencement Date. Tenant shall apply and pay for all utility meters required. Tenant shall remain responsible for utility costs and other charges associated with the Existing Premises (as defined in the Fourth Amendment) as and to the extent otherwise provided in the Lease. Use of freight elevators and loading dock is subject to scheduling by Landlord. Any use of the freight elevators or loading dock outside of normal building office hours will be at Tenant's expense, in an amount equal to the out-of-pocket expenses incurred by Landlord relative to security personnel or union operators necessitated by such after-hours freight elevator and/or loading dock usage. Tenant shall arrange and pay for removal of construction debris and shall not place debris in the Building's waste containers. (i) Tenant shall permit access to the 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 on reasonable prior notice to Tenant. (j) Tenant shall proceed with its work expeditiously, continuously and efficiently, from the date Landlord tenders possession of the New Premises to Tenant for the construction of the Tenant's Work. Tenant shall notify Landlord upon substantial completion and upon final 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 Paragraph 9 below. (k) Tenant shall have no authority to deviate from the Plans in performance of the Tenant's Work, except as authorized by Landlord and its designated representative in writing and except for de minimus changes based on field conditions and other minor, non-material changes costing less than $5,000 and not affecting the overall basic design and construction evidenced by such Plans and not impacting the base Building systems or structural components of the Building. 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 ninety (90) 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 (the “Record Drawing Allowance Condition”); provided that if all other conditions hereunder to the final disbursement of the Allowance have been satisfied, then Landlord shall not withhold more than two percent (2%) of the total Allowance being contributed hereunder as a result of the Record Drawing Allowance Condition having not yet been satisfied. (l) Landlord shall have the right to require Tenant to install and maintain proper access panels to utility lines, pipes, conduits, duct work and component parts of mechanical and electrical systems existing or installed in the Premises in accordance with the Lease. (m) Tenant shall impose on and enforce all applicable terms of this Workletter against Tenant's Architect, Tenant's Engineer and the Tenant's Contractors.
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 75, except as the same may be modified in the Approved Plans approved by both or on behalf of Landlord and Tenant.
(a) Tenant's Approved Plans and all design the design, construction, installation and construction performance of the Tenant's Work shall comply with all applicable statutes, ordinances, regulations, laws, codes and industry standards, including, but not limited to, requirements of Landlord's fire insurance underwriters and the requirements underwriters. Further, if Tenant's design, construction, installation and/or performance of the ADA (i.e., as such ADA requirements pertain to the space within the Premises, and not to Work triggers any areas external thereto). Approval by governmental requirement that Landlord must cause any other part of the Plans Building to comply with statutes, ordinances, regulations, laws and/or codes, then Tenant agrees to and shall not constitute a waiver of this requirement or assumption by Landlord of responsibility for compliance. Where several sets pay all (100%) of the foregoing laws, codes and standards must be met, the strictest shall apply where not prohibited by another law, code or standardcost of said compliance.
(b) Tenant shall, at its own cost and expense, but 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 permit for the Premises, which shall be delivered to Landlordpermits. Tenant's failure to obtain such permits shall not cause a delay in the New Premises Commencement Date, obligation to pay Rent or the payment of Monthly Base Rent, Rent Adjustments and performance of all any other obligations under the Fourth Amendment or the balance of set forth in the Lease. Notwithstanding the foregoing, to the extent the building permit issuing body from the City of Chicago (the “City”) (A) specifically acknowledges that the issuance to Tenant of such required building permits is being delayed solely on account of certain Building-related legal non-compliance matters that are not directly related to the Tenant’s Work, or (B) specifically acknowledges that (i) the issuance of an occupancy permit or certificate to Tenant is being delayed solely on account of certain Building-related legal non-compliance matters that are not directly related to the Tenant’s Work and (ii) that such occupancy permit or certificate is required for Tenant’s lawful occupancy of the Premises for the conduct of business therefrom (in either case under clause (A) or clause (B), “Permit Delay Building Issues”), then (i) unless Landlord in good faith contests such assertion by the City, Landlord shall use commercially reasonable efforts to perform any such identified City-required conditions to the issuance of such permits in such reasonably prompt manner so as to minimize any such further delay in the issuance of Tenant’s permits (which Landlord obligations may include, without limitation, if so specified by the City, the payment of all outstanding fees claimed by the City to be due from Landlord and/or the performance of work in or about the Building claimed by the City to be required to be performed by Landlord in order to be in compliance with applicable codes or other City requirements), and (ii) if Landlord in good faith contests such assertion, Landlord shall diligently pursue the resolution of such dispute with the City in such reasonably prompt manner so as to minimize any such further delay in the issuance of Tenant’s permits, and (iii) whether or not Landlord in good faith contests such assertion, any period from the time Landlord is notified by Tenant of the City’s claim of Permit Delay Building Issues, until such Permit Delay Building Issues are performed or satisfied by Landlord, shall be deemed “Permit Issuance Delay” for purposes of Paragraph 4 above.
(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, 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.
(d) Landlord shall have the right, but not the obligation, upon not less than 72 hours' prior written notice thereof to Tenant (provided that no such notice shall be required in the event of an emergency), to perform, on behalf of and for the account of Tenant, subject to reimbursement by Tenant (provided that the Allowance may be used for such purposes)Tenant, any work (i) which Landlord reasonably deems necessary to be done on an emergency basis or (ii) which pertains to structural components, building systems, patching of the general utility systems for the Building or connecting the Tenant's Work with any and other work in the Building (but only Building. Landlord shall notify Tenant of its election to perform the extent foregoing at the Tenant’s Work impacts time Tenant submits the structural components of the Building or any Building systems, Plans for Landlord's review and Landlord, in good faith determines that action is warranted), or (iii) which pertains to the erection of temporary safety barricades or signs during construction; provided, however, that the amount charged to Tenant shall be reasonable and cost competitive and Tenant shall not be charged more than Tenant would have reasonably been charged if Tenant had the work done for its own accountconsent.
(e) Tenant shall use only new, quality first-class materials in the Tenant's Work, except where explicitly shown in the Plans approved by Landlord Approved Plans. All Work shall be done in a good and Tenantworkmanlike manner. Tenant shall obtain, promptly after completion of the Tenant's Work, 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 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. It is acknowledged that the foregoing required warranties, to the extent issued by the general contractor, shall satisfy the minimum requirements of this Paragraph 7(e).
(f) Tenant and Tenant's Contractors, in performing work, shall do so in conformance with the construction rules and regulations in effect for the Building (a copy of which has heretofore been made available to Tenant) and shall not unreasonably interfere with other tenants and occupants of the Building. Tenant and Tenant's Contractors shall make all reasonable efforts and take all reasonable steps appropriate to assure that all construction activities undertaken in a fully-occupied first-class office building so as do not to unreasonably or materially interfere with the operation of the Building or with other tenants and shall, in occupants of the Building. 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 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 Premises and delivery and loading of equipment and materials shall be done at such locations and at such time as Landlord shall direct so as not to burden the construction or operation of the Building. If reasonably required by Landlord, the Premises shall be sealed off from the balance of the office space on the floor(s) containing the Premises so as to minimize the dispersement of dirt, debris and noise.
(g) Landlord shall have the right, upon 24 hours’ prior written notice to Tenant (except that no notice shall be required in the case of an emergency), right to order Tenant or any of Tenant's Contractors who violate the requirements imposed on Tenant or Tenant's Contractors as set forth herein in performing work to cease work and remove its equipment and employees from the Building. No such action properly exercised by Landlord shall delay the New Premises Commencement Date, obligation to pay Rent or the payment of Monthly Base Rent, Rent Adjustments and performance of all any other obligations under the Fourth Amendment or the balance of the Leasetherein set forth.
(h) Utility costs or charges for any service (including, but not limited to, including HVAC, electrical, hoisting or freight elevator and the like) to the New Premises (as defined in the Fourth Amendment) 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 reasonable rates; provided that Tenant shall not be responsible for any usage charges for HVAC to the New Premises during standard building office hours at any time prior to the New Premises Commencement Date. Tenant shall not be responsible for any usage charges for freight elevator service or loading dock usage during standard building office hours at any time prior to the New Premises Commencement Daterates then in effect. Tenant shall apply and pay for all utility meters required. Tenant shall remain responsible pay for utility costs and other charges associated with the Existing Premises (as defined in the Fourth Amendment) as and to the extent otherwise all support services provided in the Leaseby Landlord's contractors at Tenant's request or at Landlord's discretion resulting from breaches or defaults by Tenant under this Work Letter Agreement. Use All use of freight elevators and loading dock is subject to scheduling by Landlord. Any use Landlord and the rules and regulations of the freight elevators or loading dock outside of normal building office hours will be at Tenant's expense, in an amount equal to the out-of-pocket expenses incurred by Landlord relative to security personnel or union operators necessitated by such after-hours freight elevator and/or loading dock usageBuilding. Tenant shall arrange and pay for removal of construction debris and shall not place debris in the Building's waste containers. If required by Landlord, Tenant shall sort and separate its waste and debris for recycling and/or environmental law compliance purposes.
(i) Tenant shall permit access to the 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 on reasonable prior notice to TenantWork.
(j) Tenant shall proceed with its work expeditiously, continuously and efficiently, from the date Landlord tenders possession of the New Premises and shall after construction has commenced diligently prosecute said construction to Tenant for the construction of the Tenant's Workcompletion. Tenant shall notify Landlord upon substantial completion and upon final 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 Paragraph 9 Paragraphs 7 and 8 below.
(k) Tenant shall have no authority to not materially or substantially deviate from the Approved Plans in performance of the Tenant's Work, except as authorized by Landlord and its designated representative in writing and except for de minimus changes based on field conditions and other minor, non-material changes costing less than $5,000 and not affecting the overall basic design and construction evidenced by such Plans and not impacting the base Building systems or structural components of the Buildingwriting. 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 ninety thirty (9030) 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 (the “Record Drawing Allowance Condition”); provided that if all other conditions hereunder to the final disbursement of the Allowance have been satisfied, then Landlord shall not withhold more than two percent (2%) of the total Allowance being contributed hereunder as a result of the Record Drawing Allowance Condition having not yet been satisfied.
(l1) Landlord shall have the right to require Tenant to install and maintain proper access panels to run utility lines, pipes, conduits, duct work and component parts of all mechanical and electrical systems existing where necessary or installed in desirable through the Premises in accordance with Premises, to repair, alter, replace or remove the Leasesame, and to require Tenant to install and maintain proper access panels thereto.
(m) Tenant shall impose on and enforce all applicable terms of this Workletter against Tenant's Architect, Tenant's Engineer and the Tenant's Contractors.
Appears in 1 contract
Samples: Office Lease (Electronic Arts Inc)
STANDARDS OF DESIGN AND CONSTRUCTION AND CONDITIONS OF TENANT’S PERFORMANCE. All work Tenant's Work done in or upon the Premises by Tenant shall be done according to the standards set forth in this Paragraph 76, except as the same may be modified in the Plans approved by both or on behalf of Landlord and Tenant.
(a) Tenant'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, requirements of Landlord's fire insurance underwriters and the requirements of the ADA (i.e., as such ADA requirements pertain to the space within the Premises, and not to any areas external thereto)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) Tenant shallshall obtain, at its own cost and expense, but subject to payment by Landlord of the Allowance under Paragraph 9 below, obtain all required building permits and, to the extent required in connection with or as a result of Tenant's Work when construction has been completed, shallshall obtain, at its own cost and expense, obtain an occupancy permit for the Premises, which permit shall be delivered to Landlord. Tenant's failure to obtain such permits shall not cause a delay in the New Premises Commencement Date, commencement of the Additional Term or the payment of Monthly Base Rent, Rent Adjustments and performance of all other rental obligations set forth under the Fourth Amendment Lease or the balance of the Lease. Notwithstanding the foregoing, to the extent the building permit issuing body from the City of Chicago (the “City”) (A) specifically acknowledges that the issuance to Tenant of such required building permits is being delayed solely on account of certain Building-related legal non-compliance matters that are not directly related to the Tenant’s Work, or (B) specifically acknowledges that (i) the issuance of an occupancy permit or certificate to Tenant is being delayed solely on account of certain Building-related legal non-compliance matters that are not directly related to the Tenant’s Work and (ii) that such occupancy permit or certificate is required for Tenant’s lawful occupancy of the Premises for the conduct of business therefrom (in either case under clause (A) or clause (B), “Permit Delay Building Issues”), then (i) unless Landlord in good faith contests such assertion by the City, Landlord shall use commercially reasonable efforts to perform any such identified City-required conditions to the issuance of such permits in such reasonably prompt manner so as to minimize any such further delay in the issuance of Tenant’s permits (which Landlord obligations may include, without limitation, if so specified by the City, the payment of all outstanding fees claimed by the City to be due from Landlord and/or the performance of work in or about the Building claimed by the City to be required to be performed by Landlord in order to be in compliance with applicable codes or other City requirements), and (ii) if Landlord in good faith contests such assertion, Landlord shall diligently pursue the resolution of such dispute with the City in such reasonably prompt manner so as to minimize any such further delay in the issuance of Tenant’s permits, and (iii) whether or not Landlord in good faith contests such assertion, any period from the time Landlord is notified by Tenant of the City’s claim of Permit Delay Building Issues, until such Permit Delay Building Issues are performed or satisfied by Landlord, shall be deemed “Permit Issuance Delay” for purposes of Paragraph 4 aboveSecond Amendment.
(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, 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.
(d) Landlord shall have the right, but not the obligation, upon not less than 72 hours' prior written notice thereof to Tenant (provided that no such notice shall be required in the event of an emergency), to perform, perform on behalf of and for the account of Tenant, subject to reimbursement by Tenant (provided that the Allowance may be used for such purposes)Tenant, any work Tenant's Work (i) which Landlord reasonably deems necessary to be done necessary on an emergency basis or basis, (ii) which pertains to structural components, building systems, systems or the general utility systems for the Building or connecting the Tenant's Work with any other work in the Building (but only to the extent the Tenant’s Work impacts the structural components of the Building or any Building systemsBuilding, and Landlord, in good faith determines that action is warranted), or (iii) which pertains to the erection of temporary safety barricades or signs during construction; provided, however, that or (iv) which pertains to patching of the amount charged to Tenant shall be reasonable and cost competitive and Tenant shall not be charged more than Tenant would have reasonably been charged if Tenant had the work done for its own accountTenant's Work.
(e) Tenant shall use only new, quality first-class materials in the Tenant's Work, except where explicitly shown otherwise in the Plans approved by Landlord and TenantPlans. Tenant shall obtain, promptly after completion of the Tenant's Work, obtain warranties of at least one (1) year year's duration from the completion of the Tenant's Work against defects in workmanship and materials on all work Tenant's Work performed and equipment installed in the 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. It is acknowledged that the foregoing required warranties, to the extent issued by the general contractor, shall satisfy the minimum requirements of this Paragraph 7(e).
(f) Tenant and Tenant's Contractors, in performing workTenant's Work, shall do so in conformance with the construction rules and regulations in effect for the Building (a copy of which has heretofore been made available to Tenant) and shall not unreasonably interfere with other tenants and occupants of the Building. Tenant and Tenant's Contractors shall make all reasonable efforts and take all reasonable steps appropriate to construction activities undertaken in a fully-occupied fully occupied, first-class office building so as not to unreasonably or materially interfere with the operation of the Building and shall, in any event, 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, 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 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 Premises Premises, and delivery and loading of equipment and materials shall be done at such locations and at such time as Landlord shall direct so as not to burden the construction or operation of the Building. In the event that Tenant's Work may disrupt, interfere or in any way affect another tenant's use of the Building or any portion thereof, Landlord shall use good faith efforts to secure any approvals that may be required of those tenants. Notwithstanding the foregoing, Tenant and Tenant's Contractors shall have the right to perform the Tenant's Work.
(g) Landlord shall have the right, upon 24 hours’ prior written notice to Tenant (except that no notice shall be required in the case of an emergency), right to order Tenant or any of Tenant's Contractors who materially violate the requirements imposed on Tenant or Tenant's Contractors as set forth herein in performing work Tenant's Work to cease work Tenant's Work and remove its equipment and employees from the Building. No such action properly exercised by Landlord shall delay the New Premises Commencement Date, commencement of the Lease or the payment of Monthly Base Rent, Rent Adjustments rental and performance of all other obligations under the Fourth Amendment or the balance of the Leasetherein set forth.
(h) Utility costs or charges for any service (including, but not limited to, including HVAC, electrical, hoisting or freight elevator and the like) to the New Premises (as defined in the Fourth Amendment) 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 reasonable rates; provided that Tenant shall not be responsible for any usage charges for HVAC to the New Premises during standard building office hours at any time prior to the New Premises Commencement Date. Tenant shall not be responsible for any usage charges for freight elevator service or loading dock usage during standard building office hours at any time prior to the New Premises Commencement Date. Tenant shall apply and pay for all utility meters required. Tenant shall remain responsible for utility costs and other charges associated with the Existing Premises (as defined in the Fourth Amendment) as and to the extent otherwise provided in the Lease. Use All use of freight elevators and loading dock is subject to scheduling by Landlord. Any use of the freight elevators or loading dock outside of normal building office hours will be at Tenant's expense, in an amount equal to the out-of-pocket expenses incurred by Landlord relative to security personnel or union operators necessitated by such after-hours freight elevator and/or loading dock usage. Tenant shall arrange and pay for removal of construction debris and shall not place debris in the Building's waste containers.
(i) Tenant shall permit access to the Premises, and the Tenant's 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 Tenant's Work is being constructed and installed and following completion of the Tenant's Work on reasonable prior notice to TenantWork.
(j) Tenant shall proceed with its work the Tenant's Work expeditiously, continuously and efficiently, from and shall complete the date same at any time during the Additional Term, but on or before December 31, 2014, and Landlord tenders possession of shall use reasonable commercial efforts to assist Tenant with the New Premises to Tenant for the construction completion of the Tenant's WorkWork on or before said date. Tenant shall notify Landlord upon substantial completion and upon final 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 Paragraph 9 8 below.
(k) Tenant shall have no authority to deviate from the Plans (to the extent required), unless: (i) such deviation meets the requirements set forth in performance of the Tenant's Work, except as Paragraph 5 above; or (ii) such deviations have been authorized by Landlord and or its designated representative in writing and except for de minimus changes based on field conditions and other minor, non-material changes costing less than $5,000 and not affecting the overall basic design and construction evidenced by such Plans and not impacting the base Building systems or structural components of the Buildingwriting. 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 ninety ten (9010) 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 (the “Record Drawing Allowance Condition”); provided that if all other conditions hereunder to the final disbursement of the Allowance have been satisfied, then Landlord shall not withhold more than two percent (2%) of the total Allowance being contributed hereunder as a result of the Record Drawing Allowance Condition having not yet been satisfied.
(l) Landlord shall have the right to require Tenant to install and maintain proper access panels to run utility lines, pipes, conduits, duct work and component parts of all mechanical and electrical systems existing where necessary or installed in desirable through the Premises in accordance with Premises, to repair, alter, replace or remove the Leasesame, and to require Tenant to install and maintain proper access panels thereto.
(m) Tenant shall impose on and enforce all applicable terms of this Workletter Work Letter against Tenant's Architect, Tenant's Engineer and the Tenant's Contractors.
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 7, except as the same may be modified in the Plans approved by both Landlord and Tenant.
(a) Tenant'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, requirements of Landlord's fire insurance underwriters and the requirements of the ADA (i.e., as such ADA requirements pertain to the space within the Premises, and not to any areas external thereto). 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, but 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 permit for the Premises, which shall be delivered to Landlord. Tenant's failure to obtain such permits shall not cause a delay in the New Additional Premises Commencement Date, or the payment of Monthly Additional Premises Base Rent, Additional Premises Rent Adjustments and performance of all other obligations under the Fourth Third Amendment or the balance of the Lease. Notwithstanding the foregoing, to the extent the building permit issuing body from the City of Chicago (the “City”) (A) specifically acknowledges that the issuance to Tenant of such required building permits is being delayed solely on account of certain Building-related legal non-compliance matters that are not directly related to the Tenant’s Work, or (B) specifically acknowledges that (i) the issuance of an occupancy permit or certificate to Tenant is being delayed solely on account of certain Building-related legal non-compliance matters that are not directly related to the Tenant’s Work and (ii) that such occupancy permit or certificate is required for Tenant’s lawful occupancy of the Premises for the conduct of business therefrom (in either case under clause (A) or clause (B), “Permit Delay Building Issues”), then (i) unless Landlord in good faith contests such assertion by the City, Landlord shall use commercially reasonable efforts to perform any such identified City-required conditions to the issuance of such permits in such reasonably prompt manner so as to minimize any such further delay in the issuance of Tenant’s permits (which Landlord obligations may include, without limitation, if so specified by the City, the payment of all outstanding fees claimed by the City to be due from Landlord and/or the performance of work in or about the Building claimed by the City to be required to be performed by Landlord in order to be in compliance with applicable codes or other City requirements), and (ii) if Landlord in good faith contests such assertion, Landlord shall diligently pursue the resolution of such dispute with the City in such reasonably prompt manner so as to minimize any such further delay in the issuance of Tenant’s permits, and (iii) whether or not Landlord in good faith contests such assertion, any period from the time Landlord is notified by Tenant of the City’s claim of Permit Delay Building Issues, until such Permit Delay Building Issues are performed or satisfied by Landlord, shall be deemed “Permit Issuance Delay” for purposes of Paragraph 4 above.
(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, 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.
(d) Landlord shall have the right, but not the obligation, upon not less than 72 hours' prior written notice thereof to Tenant (provided that no such notice shall be required in the event of an emergency), to perform, on behalf of and for the account of Tenant, subject to reimbursement by Tenant (provided that the Allowance may be used for such purposes), any work (i) which Landlord reasonably 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 (but only to the extent the Tenant’s 's Work impacts the structural components of the Building or any Building systems, and Landlord, in good faith determines that action is warranted), or (iii) which pertains to the erection of temporary safety barricades or signs during construction; provided, however, that the amount charged to Tenant shall be reasonable and cost competitive and Tenant shall not be charged more than Tenant would have reasonably been charged if Tenant had the work done for its own account.
(e) Tenant shall use only new, quality materials in the Tenant's Work, except where explicitly shown in the Plans approved by Landlord and Tenant. Tenant shall 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 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. It is acknowledged that the foregoing required warranties, to the extent issued by the general contractor, shall satisfy the minimum requirements of this Paragraph 7(e).
(f) Tenant and Tenant's Contractors, in performing work, shall do so in conformance with the construction rules "303 East Wxxxxx Drive Contractor Regulations and regulations in effect Guidelines for the Building Tenant Improvements" (a copy of which has heretofore been made available to Tenant) and shall not unreasonably interfere with other tenants and occupants of the Building. 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 unreasonably or materially interfere with the operation of the Building and shall, in any event, 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 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 Premises and delivery and loading of equipment and materials shall be done at such locations and at such time as Landlord shall direct so as not to burden the construction or operation of the Building.
(g) Landlord shall have the right, upon 24 hours’ ' prior written notice to Tenant (except that no notice shall be required in the case of an emergency), to order Tenant or any of Tenant's Contractors who violate the requirements imposed on Tenant or Tenant's Contractors as set forth herein in performing work to cease work and remove its equipment and employees from the Building. No such action properly exercised by Landlord shall delay the New Additional Premises Commencement Date, or the payment of Monthly Additional Premises Base Rent, Additional Premises Rent Adjustments and performance of all other obligations under the Fourth Third Amendment or the balance of the Lease.
(h) Utility costs or charges for any service (including, but not limited to, HVAC, electrical, and the like) to the New Additional Premises (as defined in the Fourth Third Amendment) 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 reasonable rates; provided that Tenant shall not be responsible for any usage charges for HVAC to the New Additional Premises during standard building office hours at any time prior to the New Additional Premises Commencement Date. Tenant shall not be responsible for any usage charges for freight elevator service or loading dock usage during standard building office hours at any time prior to the New Additional Premises Commencement Date. Tenant shall apply and pay for all utility meters required. Tenant shall remain responsible for utility costs and other charges associated with the Existing Premises (as defined in the Fourth Third Amendment) as and to the extent otherwise provided in the Lease. Use of freight elevators and loading dock is subject to scheduling by Landlord. Any use of the freight elevators or loading dock outside of normal building office hours will be at Tenant's expense, in an amount equal to one hundred six percent (106%) of the out-of-pocket expenses incurred by Landlord relative to security personnel or union operators necessitated by such after-hours freight elevator and/or loading dock usage. Tenant shall arrange and pay for removal of construction debris and shall not place debris in the Building's waste containers.
(i) Tenant shall permit access to the 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 on reasonable prior notice to TenantWork.
(j) Tenant shall proceed with its work expeditiously, continuously and efficiently, from the date Landlord tenders possession of the New Additional Premises to Tenant for the construction of the Tenant's Work. Tenant shall notify Landlord upon substantial completion and upon final 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 Paragraph 9 below.
(k) Tenant shall have no authority to deviate from the Plans in performance of the Tenant's Work, except as authorized by Landlord and its designated representative in writing and except for de minimus deminimus changes based on field conditions and other minor, non-material changes costing less than $5,000 and not affecting the overall basic design and construction evidenced by such Plans and not impacting the base Building systems or structural components of the Building. 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 ninety (90) 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 (the “"Record Drawing Allowance Condition”"); provided that if all other conditions hereunder to the final disbursement of the Allowance have been satisfied, then Landlord shall not withhold more than two percent (2%) of the total Allowance being contributed hereunder as a result of the Record Drawing Allowance Condition having not yet been satisfied.
(l1) Landlord shall have the right to require Tenant to install and maintain proper access panels to utility lines, pipes, conduits, duct work and component parts of mechanical and electrical systems existing or installed in the Premises in accordance with the Lease.
(m) Tenant shall impose on and enforce all applicable terms of this Workletter against Tenant's Architect, Tenant's Engineer and the Tenant's Contractors.
Appears in 1 contract
STANDARDS OF DESIGN AND CONSTRUCTION AND CONDITIONS OF TENANT’S PERFORMANCE. All work Tenant's Work done in or upon the Premises by Tenant shall be done according to the standards set forth in this Paragraph 76, except as the same may be modified in the Plans approved by both or on behalf of Landlord and Tenant.
(a) Tenant'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, requirements of Landlord's fire insurance underwriters and the requirements of the ADA (i.e., as such ADA requirements pertain to the space within the Premises, and not to any areas external thereto)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) Tenant shallshall obtain, at its own cost and expense, but subject to payment by Landlord of the Allowance under Paragraph 9 below, obtain all required building permits and, when construction has been completed, shallshall obtain, at its own cost and expense, obtain an occupancy permit for the Premises, which permit shall be delivered to Landlord. Tenant's failure to obtain such permits shall not cause a delay in the New Premises Commencement Date, commencement of the Extension Term or the payment of Monthly Base Rent, Rent Adjustments and performance of all other rental obligations set forth under the Fourth Amendment Lease or the balance of the Lease. Notwithstanding the foregoing, to the extent the building permit issuing body from the City of Chicago (the “City”) (A) specifically acknowledges that the issuance to Tenant of such required building permits is being delayed solely on account of certain Building-related legal non-compliance matters that are not directly related to the Tenant’s Work, or (B) specifically acknowledges that (i) the issuance of an occupancy permit or certificate to Tenant is being delayed solely on account of certain Building-related legal non-compliance matters that are not directly related to the Tenant’s Work and (ii) that such occupancy permit or certificate is required for Tenant’s lawful occupancy of the Premises for the conduct of business therefrom (in either case under clause (A) or clause (B), “Permit Delay Building Issues”), then (i) unless Landlord in good faith contests such assertion by the City, Landlord shall use commercially reasonable efforts to perform any such identified City-required conditions to the issuance of such permits in such reasonably prompt manner so as to minimize any such further delay in the issuance of Tenant’s permits (which Landlord obligations may include, without limitation, if so specified by the City, the payment of all outstanding fees claimed by the City to be due from Landlord and/or the performance of work in or about the Building claimed by the City to be required to be performed by Landlord in order to be in compliance with applicable codes or other City requirements), and (ii) if Landlord in good faith contests such assertion, Landlord shall diligently pursue the resolution of such dispute with the City in such reasonably prompt manner so as to minimize any such further delay in the issuance of Tenant’s permits, and (iii) whether or not Landlord in good faith contests such assertion, any period from the time Landlord is notified by Tenant of the City’s claim of Permit Delay Building Issues, until such Permit Delay Building Issues are performed or satisfied by Landlord, shall be deemed “Permit Issuance Delay” for purposes of Paragraph 4 aboveFirst Amendment.
(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, 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.
(d) Landlord shall have the right, but not the obligation, upon not less than 72 hours' prior written notice thereof to Tenant (provided that no such notice shall be required in the event of an emergency), to perform, perform on behalf of and for the account of Tenant, subject to reimbursement by Tenant (provided that the Allowance may be used for such purposes)Tenant, any work Tenant's Work (i) which Landlord reasonably deems necessary to be done necessary on an emergency basis or basis, (ii) which pertains to structural components, building systems, systems or the general utility systems for the Building or connecting the Tenant's Work with any other work in the Building (but only to the extent the Tenant’s Work impacts the structural components of the Building or any Building systemsBuilding, and Landlord, in good faith determines that action is warranted), or (iii) which pertains to the erection of temporary safety barricades or signs during construction; provided, however, that or (iv) which pertains to patching of the amount charged to Tenant shall be reasonable and cost competitive and Tenant shall not be charged more than Tenant would have reasonably been charged if Tenant had the work done for its own accountTenant's Work.
(e) Tenant shall use only new, quality first-class materials in the Tenant's Work, except where explicitly shown otherwise in the Plans approved by Landlord and TenantPlans. Tenant shall obtain, promptly after completion of the Tenant's Work, obtain warranties of at least one (1) year year's duration from the completion of the Tenant's Work against defects in workmanship and materials on all work Tenant's Work performed and equipment installed in the 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. It is acknowledged that the foregoing required warranties, to the extent issued by the general contractor, shall satisfy the minimum requirements of this Paragraph 7(e).
(f) Tenant and Tenant's Contractors, in performing workTenant's Work, shall do so in conformance with the construction rules and regulations in effect for the Building (a copy of which has heretofore been made available to Tenant) and shall not unreasonably interfere with other tenants and occupants of the Building. Tenant and Tenant's Contractors shall make all reasonable efforts and take all reasonable steps appropriate to construction activities undertaken in a fully-occupied fully occupied, first-class office building so as not to unreasonably or materially interfere with the operation of the Building and shall, in any event, 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, 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 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 Premises Premises, and delivery and loading of equipment and materials shall be done at such locations and at such time as Landlord shall direct so as not to burden the construction or operation of the Building. In the event that Tenant's Work may disrupt, interfere or in any way affect another tenant's use of the Building or any portion thereof, Landlord shall use good faith efforts to secure any approvals that may be required of those tenants. Notwithstanding the foregoing, Tenant and Tenant's Contractors shall have the right to perform the Tenant's Work.
(g) Landlord shall have the right, upon 24 hours’ prior written notice to Tenant (except that no notice shall be required in the case of an emergency), right to order Tenant or any of Tenant's Contractors who materially violate the requirements imposed on Tenant or Tenant's Contractors as set forth herein in performing work Tenant's Work to cease work Tenant's Work and remove its equipment and employees from the Building. No such action properly exercised by Landlord shall delay the New Premises Commencement Date, commencement of the Lease or the payment of Monthly Base Rent, Rent Adjustments rental and performance of all other obligations under the Fourth Amendment or the balance of the Leasetherein set forth.
(h) Utility costs or charges for any service (including, but not limited to, including HVAC, electrical, hoisting or freight elevator and the like) to the New Premises (as defined in the Fourth Amendment) 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 reasonable rates; provided that Tenant shall not be responsible for any usage charges for HVAC to the New Premises during standard building office hours at any time prior to the New Premises Commencement Date. Tenant shall not be responsible for any usage charges for freight elevator service or loading dock usage during standard building office hours at any time prior to the New Premises Commencement Date. Tenant shall apply and pay for all utility meters required. Tenant shall remain responsible for utility costs and other charges associated with the Existing Premises (as defined in the Fourth Amendment) as and to the extent otherwise provided in the Lease. Use All use of freight elevators and loading dock is subject to scheduling by Landlord. Any use of the freight elevators or loading dock outside of normal building office hours will be at Tenant's expense, in an amount equal to the out-of-pocket expenses incurred by Landlord relative to security personnel or union operators necessitated by such after-hours freight elevator and/or loading dock usage. Tenant shall arrange and pay for removal of construction debris and shall not place debris in the Building's waste containers.
(i) Tenant shall permit access to the Premises, and the Tenant's 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 Tenant's Work is being constructed and installed and following completion of the Tenant's Work on reasonable prior notice to TenantWork.
(j) Tenant shall proceed with its work the Tenant's Work expeditiously, continuously and efficiently, from and shall complete the date same on or before December 31, 2007, and Landlord tenders possession of shall use reasonable commercial efforts to assist Tenant with the New Premises to Tenant for the construction completion of the Tenant's WorkWork on or before said date. Tenant shall notify Landlord upon substantial completion and upon final 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 Paragraph 9 8 below.
(k) Tenant shall have no authority to deviate from the Plans in performance of the Tenant's Work, except as Work unless: (i) such deviation meets the requirements set forth in Paragraph 5 above; or (ii) such deviations have been authorized by Landlord and or its designated representative in writing and except for de minimus changes based on field conditions and other minor, non-material changes costing less than $5,000 and not affecting the overall basic design and construction evidenced by such Plans and not impacting the base Building systems or structural components of the Buildingwriting. 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 ninety ten (9010) 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 (the “Record Drawing Allowance Condition”); provided that if all other conditions hereunder to the final disbursement of the Allowance have been satisfied, then Landlord shall not withhold more than two percent (2%) of the total Allowance being contributed hereunder as a result of the Record Drawing Allowance Condition having not yet been satisfied.
(l) Landlord shall have the right to require Tenant to install and maintain proper access panels to run utility lines, pipes, conduits, duct work and component parts of all mechanical and electrical systems existing where necessary or installed in desirable through the Premises in accordance with Premises, to repair, alter, replace or remove the Leasesame, and to require Tenant to install and maintain proper access panels thereto.
(m) Tenant shall impose on and enforce all applicable terms of this Workletter Work Letter against Tenant's Architect, Tenant's Engineer and the Tenant's Contractors.
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 7, except as the same may be modified in the Plans approved by both Landlord and Tenant.
(a) Tenant'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, requirements of Landlord's fire insurance underwriters and the requirements of the ADA (i.e., as such ADA requirements pertain to the space within the Premises, and not to any areas external thereto). 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, but 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 permit for the Premises, which shall be delivered to Landlord. Tenant's failure to obtain such permits shall not cause a delay in the New Additional Premises Commencement Date, or the payment of Monthly Additional Premises Base Rent, Additional Premises Rent Adjustments and performance of all other obligations under the Fourth Second Amendment or the balance of the Lease. Notwithstanding the foregoing, to the extent the building permit issuing body from the City of Chicago (the “City”) (A) specifically acknowledges that the issuance to Tenant of such required building permits is being delayed solely on account of certain Building-related legal non-compliance matters that are not directly related to the Tenant’s Work, or (B) specifically acknowledges that (i) the issuance of an occupancy permit or certificate to Tenant is being delayed solely on account of certain Building-related legal non-compliance matters that are not directly related to the Tenant’s Work and (ii) that such occupancy permit or certificate is required for Tenant’s lawful occupancy of the Premises for the conduct of business therefrom (in either case under clause (A) or clause (B), “Permit Delay Building Issues”), then (i) unless Landlord in good faith contests such assertion by the City, Landlord shall use commercially reasonable efforts to perform any such identified City-required conditions to the issuance of such permits in such reasonably prompt manner so as to minimize any such further delay in the issuance of Tenant’s permits (which Landlord obligations may include, without limitation, if so specified by the City, the payment of all outstanding fees claimed by the City to be due from Landlord and/or the performance of work in or about the Building claimed by the City to be required to be performed by Landlord in order to be in compliance with applicable codes or other City requirements), and (ii) if Landlord in good faith contests such assertion, Landlord shall diligently pursue the resolution of such dispute with the City in such reasonably prompt manner so as to minimize any such further delay in the issuance of Tenant’s permits, and (iii) whether or not Landlord in good faith contests such assertion, any period from the time Landlord is notified by Tenant of the City’s claim of Permit Delay Building Issues, until such Permit Delay Building Issues are performed or satisfied by Landlord, shall be deemed “Permit Issuance Delay” for purposes of Paragraph 4 above.
(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, 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.
(d) Landlord shall have the right, but not the obligation, upon not less than 72 hours' prior written notice thereof to Tenant (provided that no such notice shall be required in the event of an emergency), to perform, on behalf of and for the account of Tenant, subject to reimbursement by Tenant (provided that the Allowance may be used for such purposes), any work (i) which Landlord reasonably 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 (but only to the extent the Tenant’s 's Work impacts the structural components of the Building or any Building systems, and Landlord, in good faith determines that action is warrantedwarrented), or (iii) which pertains to the erection of temporary safety barricades or signs during construction; provided, however, that the amount charged to Tenant shall be reasonable and cost competitive and Tenant shall not be charged more than Tenant would have reasonably been charged if Tenant had the work done for its own account.
(e) Tenant shall use only new, quality materials in the Tenant's Work, except where explicitly shown in the Plans approved by Landlord and Tenant. Tenant shall 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 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. It is acknowledged that the foregoing required warranties, to the extent issued by the general contractor, shall satisfy the minimum requirements of this Paragraph 7(e).
(f) Tenant and Tenant's Contractors, in performing work, shall do so in conformance with the construction rules "303 East Wxxxxx Drive Contractor Regulations and regulations in effect Guidelines for the Building Tenant Improvements" (a copy of which has heretofore been made available to Tenant) and shall not unreasonably interfere with other tenants and occupants of the Building. 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 unreasonably or materially interfere with the operation of the Building and shall, in any event, 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 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 Premises and delivery and loading of equipment and materials shall be done at such locations and at such time as Landlord shall direct so as not to burden the construction or operation of the Building.
(g) Landlord shall have the right, upon 24 hours’ ' prior written notice to Tenant (except that no notice shall be required in the case of an emergency), to order Tenant or any of Tenant's Contractors who violate the requirements imposed on Tenant or Tenant's Contractors as set forth herein in performing work to cease work and remove its equipment and employees from the Building. No such action properly exercised by Landlord shall delay the New Additional Premises Commencement Date, or the payment of Monthly Additional Premises Base Rent, Additional Premises Rent Adjustments and performance of all other obligations under the Fourth Second Amendment or the balance of the Lease.
(h) Utility costs or charges for any service (including, but not limited to, HVAC, electrical, hoisting and the like) to the New Premises (as defined in the Fourth Amendment) 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 reasonable rates; provided that Tenant shall not be responsible for any usage charges for HVAC to the New Premises during standard building office hours at any time prior to the New Premises Commencement Date. Tenant shall not be responsible for any usage charges for freight elevator service or loading dock usage during standard building office hours at any time prior to the New Premises Commencement Date. Tenant shall apply and pay for all utility meters required. Tenant shall remain responsible for utility costs and other charges associated with the Existing Premises (as defined in the Fourth Amendment) as and to the extent otherwise provided in the Lease. Use of freight elevators and loading dock is subject to scheduling by Landlord. Any use of the freight elevators or loading dock outside of normal building office construction hours will be at Tenant's expense, in an amount equal to one hundred six percent (106%) of the out-of-pocket expenses incurred by Landlord relative to security personnel or union operators necessitated by such after-hours freight elevator and/or loading dock usage. Tenant shall arrange and pay for removal of construction debris and shall not place debris in the Building's waste containers.
(i) Tenant shall permit access to the 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 following completion of the Tenant's Work on reasonable prior notice to TenantWork.
(j) Tenant shall proceed with its work expeditiously, continuously and efficiently, from the date Landlord tenders possession of the New Premises to Tenant for the construction of the Tenant's Work. Tenant shall notify Landlord upon substantial completion Substantial Completion and upon final 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 Paragraph 9 below.
(k) Tenant shall have no authority to deviate from the Plans in performance of the Tenant's Work, except as authorized by Landlord and its designated representative in writing and except for de minimus deminimus changes based on field conditions and other minor, non-material changes costing less than $5,000 and not affecting the overall basic design and construction evidenced by such Plans and not impacting the base Building systems or structural components of the Building. 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 ninety (90) days after completion of the Tenant's Work. Final disbursement of any remaining amounts of the Allowance will not occur until such record drawings drawing have been received by Landlord (the “"Record Drawing Allowance Condition”"); provided that if all other conditions hereunder to the final disbursement of the Allowance have been satisfied, then Landlord shall not withhold more than two percent (2%) of the total Allowance being contributed hereunder as a result of the Record Drawing Allowance Condition having not yet been satisfied.
(l) Landlord shall have the right to require Tenant to install and maintain proper access panels to utility lines, pipes, conduits, duct work and component parts of mechanical and electrical systems existing or installed in the Premises in accordance with the Lease.
(m) Tenant shall impose on and enforce all applicable terms of this Workletter against Tenant's Architect, Tenant's Engineer and the Tenant's Contractors.
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