Subtenant Improvements. Subtenant shall be entitled to construct tenant improvements in the Premises (the “Subtenant Improvements”), including reasonable security measures for the Premises, subject to and in accordance with the terms of that certain Subtenant Work Letter to be attached to the Consent (which is expressly incorporated herein by this reference) (the “Subtenant Work Letter”) and the terms of the Master Lease and this Sublease. All Subtenant Improvements are subject to the review and approval by Sublandlord and Master Landlord and such processes and procedures as may be required by Master Landlord and will be constructed using Subtenant’s own architects and contractors. In no event will Subtenant proceed with any Subtenant Improvements without first obtaining Sublandlord’s consent (which shall not be unreasonably withheld, conditioned or delayed), as well as Master Landlord’s consent to such Subtenant Improvements pursuant to the terms of the Subtenant Work Letter. As provided in such Subtenant Work Letter, (i) Subtenant shall construct the Subtenant Improvements only after necessary permits, licenses and approvals have been obtained from appropriate governmental agencies; (ii) Subtenant shall construct all Subtenant Improvements in compliance with all relevant codes, laws, rules, regulations, and ordinances and the terms and conditions set forth in the Subtenant Work Letter; (iii) subject to Subtenant’s right to receive the Subtenant Improvement Allowance (as defined and set forth in Section 10.4.2 below), all Subtenant Improvements shall be made at Subtenant’s sole cost and shall be diligently prosecuted to completion; and (iv) Subtenant shall be solely responsible for obtaining a certificate of occupancy or other legal certification such that the Premises can be legally occupied.
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Subtenant Improvements. Sublandlord shall provide Subtenant shall an allowance (the “Allowance”) of $15.00 per rentable square foot of the Subleased Premises (or $819,525) in connection with design, permitting and construction of the improvements to be entitled to construct tenant improvements constructed in the Subleased Premises pursuant to this paragraph of the Sublease and as described in the attached Exhibit C (the “Subtenant Improvements”), including reasonable security measures for . Prior to undertaking any Subtenant Improvements in the Subleased Premises, Subtenant shall submit to Sublandlord for its approval full working drawings (the “Working Drawings”) depicting all of the Subtenant Improvements which Subtenant desires to install in the Subleased Premises. All Working Drawings depicting the Subtenant Improvements to be constructed in or to the Subleased Premises shall be subject to approval by both Sublandlord and the Prime Landlord in accordance with the terms timeframes and process for reviewing alterations plans as set forth in Section 15.1 of that certain the Prime Lease with both Sublandlord and Prime Landlord having the same rights to review such Working Drawings contemporaneously. The Subtenant Work Letter Improvements shall be considered to be attached alterations and improvements and shall be constructed
(1) in a good and workmanlike manner, (2) in strict accordance with the terms and conditions of this Sublease and the Prime Lease, and (3) by a licensed general contractor designated by Subtenant approved in writing by Sublandlord. Payment of the Subtenant Improvements from the Allowance shall be made by the Sublandlord within sixty (60) days after Subtenant’s application for payment submitted to Sublandlord. Such application shall be submitted upon completion of the Subtenant Improvements along with the following; (a) invoices for design, architectural permit, costs and Miscellaneous Costs incurred by Subtenant; (b) partial lien waivers (or, with respect to the Consent (which is expressly incorporated herein by this reference) (the “Subtenant Work Letter”final Draw Request, final lien waivers) and releases of mechanic's and materialmen's liens from the terms of the Master Lease general contractor, subcontractors and this Sublease. All Subtenant Improvements are subject material suppliers providing work or services in or to the Subleased Premises. Subtenant shall pay Sublandlord a fee to compensate Sublandlord for Sublandlord's review and approval by Sublandlord of the plans and Master Landlord specifications for the Tenant Improvements, which fee shall not exceed $2,500. As part of the Subtenant Improvements that Subtenant may make to the Subleased Premises, Subtenant shall be entitled to install and maintain roof-mounted HVAC or communications equipment on the roof of the Building, subject to such processes and procedures reasonable requirements as may be required imposed by Master the Prime Landlord and will be constructed using Subtenant’s own architects and contractors. In no event will Subtenant proceed with any Subtenant Improvements without first obtaining Sublandlord’s consent (which shall not be unreasonably withheld, conditioned or delayed), as well as Master the Prime Landlord’s consent to this Sublease shall permit such Subtenant Improvements pursuant to the terms of the Subtenant Work Letter. As provided in such Subtenant Work Letter, (i) Subtenant shall construct the Subtenant Improvements only after necessary permits, licenses installation and approvals have been obtained from appropriate governmental agencies; (ii) Subtenant shall construct all Subtenant Improvements in compliance with all relevant codes, laws, rules, regulations, and ordinances and the terms and conditions set forth in the Subtenant Work Letter; (iii) subject to Subtenant’s right to receive the Subtenant Improvement Allowance (as defined and set forth in Section 10.4.2 below), all Subtenant Improvements shall be made at Subtenant’s sole cost and shall be diligently prosecuted to completion; and (iv) Subtenant shall be solely responsible for obtaining a certificate of occupancy or other legal certification such that the Premises can be legally occupiedmaintenance.
Appears in 1 contract
Samples: Sublease (Telenav, Inc.)
Subtenant Improvements. Sublandlord and Subtenant shall be entitled agree that any improvements made to construct tenant improvements in the Premises by Subtenant (the “Subtenant Improvements”), including reasonable security measures for the Premises, subject to and ) shall be carried out in accordance with the terms applicable provisions of that certain the Master Lease. In connection therewith, Subtenant Work Letter shall provide Sublandlord with plans and specifications for the proposed Subtenant Improvements, and Sublandlord agrees to be attached submit the same to Landlord for Landlord’s consent, pursuant to the Consent (which is expressly incorporated herein by provisions of the Master Lease. Notwithstanding any provision of this reference) (Sublease to the “contrary, Sublandlord agrees that Subtenant Work Letter”) and shall be permitted to demolish the terms wall between two of the existing offices within the Premises to create a conference room, subject to obtaining the necessary approvals from Landlord under the Master Lease and this Sublease. All Subtenant Improvements are subject to obtaining Sublandlord’s approval of the review plans and specifications therefor, which approval by Sublandlord and Master Landlord and such processes and procedures as may be required by Master Landlord and will be constructed using Subtenant’s own architects and contractors. In no event will Subtenant proceed with any Subtenant Improvements without first obtaining Sublandlord’s consent (which shall not be unreasonably withheld, conditioned or delayed), as well as and further subject to compliance with the applicable provisions of the Master Landlord’s consent to such Lease. If the performance of any Subtenant Improvements pursuant within the Premises results in a requirement for code-related upgrades to the terms or improvements of any portion of the Subtenant Work Letter. As provided in such Subtenant Work LetterPremises or the Building, (i) Subtenant shall construct the Subtenant Improvements only after necessary permits, licenses and approvals have been obtained from appropriate governmental agencies; (ii) Subtenant shall construct all Subtenant Improvements in compliance with all relevant codes, laws, rules, regulations, and ordinances and the terms and conditions set forth in the Subtenant Work Letter; (iii) subject to Subtenant’s right to receive the Subtenant Improvement Allowance (as defined and set forth in Section 10.4.2 below), all Subtenant Improvements shall be made at Subtenant’s sole cost and shall be diligently prosecuted to completion; and (iv) Subtenant shall be solely responsible for obtaining a certificate of occupancy such code-required upgrades or other legal certification such that the Premises can be legally occupiedimprovements.
Appears in 1 contract
Samples: Sublease (Ecotality, Inc.)
Subtenant Improvements. Subtenant shall be entitled have the right, at Subtenant's sole expense, to construct tenant improvements in make certain Alterations to each Phase of the Sublease Premises (the “"Subtenant Improvements”), including reasonable security measures ") during any early access period provided under subsection 2(c) for such Phase and following the Premises, Commencement Date of such Phase. The Subtenant Improvements shall be made on and subject to and in accordance with the terms of that certain Subtenant Work Letter to be attached to the Consent (which is expressly incorporated herein by this reference) (the “Subtenant Work Letter”) and the terms conditions of the Master Lease Lease, and this Sublease. All Subtenant Improvements are shall be subject to Sublandlord's approval of the review plans and approval by Sublandlord specifications therefor, and Subtenant's architect, general contractor and subcontractors, which approvals shall not be unreasonably withheld. Notwithstanding the provisions of section 9(a) of the Master Landlord and such processes and procedures as may be required by Master Landlord and will be constructed using Subtenant’s own architects and contractors. In Lease, Subtenant shall make no event will Subtenant proceed with Alteration that affects the Building structure or any Subtenant Improvements Building system, or which is visible from outside the Sublease Premises without first obtaining Sublandlord’s consent ('s prior written approval, which shall not be unreasonably withheld, conditioned or delayed), as well as Master Landlord’s consent . Prior to such Subtenant Improvements pursuant to the terms commencement of the Subtenant Work Letter. As provided in such Subtenant Work LetterImprovements, the Building Modifications (i) Subtenant shall construct the Subtenant Improvements only after necessary permits, licenses and approvals have been obtained from appropriate governmental agencies; (ii) Subtenant shall construct all Subtenant Improvements in compliance with all relevant codes, laws, rules, regulations, and ordinances and the terms and conditions set forth in the Subtenant Work Letter; (iii) subject pursuant to Subtenant’s right to receive the Subtenant Improvement Allowance (as defined and set forth in Section 10.4.2 section 8 below), all Subtenant Improvements shall be made at Subtenant’s sole cost and shall be diligently prosecuted to completion; and (iv) or any other Alteration, Subtenant shall be solely responsible for obtaining a certificate provide Sublandlord with evidence that Subtenant carries "Builder's All Risk" insurance in an amount approved by Sublandlord covering the construction of occupancy or such Subtenant Improvements, Building Modifications and Alterations, and such other legal certification such that the Premises can be legally occupiedinsurance as Sublandlord may reasonably require.
Appears in 1 contract
Samples: Sublease Agreement (Deltagen Inc)
Subtenant Improvements. Sublandlord and Subtenant understand and ---------------------- acknowledge that Landlord's consent to the Sublease expressed herein is not a consent to any improvement or alteration work to be performed in the Sublet Premises (including without limitation any improvement work contemplated in the Sublease), that Landlord's consent for such work must be separately sought and that any such work shall be entitled subject to construct all the provisions of the Prime Lease with respect thereto. If and to the extent that the Building Standard ceilings and lights are not installed as part of the initial tenant improvements improvement work in the Premises (the “Subtenant Improvements”), including reasonable security measures for the Sublet Premises, subject Sublandlord shall either furnish and install the Building Standard ceiling (USG Xxxx DX24 15/16 inch Tee system exposed grid, with Xxxxxxxxx Cortega Second Look II 2767 white ceiling tiles) and lighting fixtures (2 x 4 recessed fluorescent with parabolic lens, Metalux 2EP3GAVX - 332S361 - 277V) on or prior to the last day of the Term of the Prime Lease or pay to Landlord on the last day of the Term of the Prime Lease or upon demand thereafter the an amount equal to the total cost of furnishing and installing the Building Standard ceiling and lighting fixtures, if any of the specified materials are not then available, the then equivalent, as specified by Landlord, shall be substituted in accordance with place of the terms of unavailable materials. Pursuant to that certain Subtenant Work Letter to be attached to the Consent (which is expressly incorporated herein Tri-Party Construction Agreement dated as of even date herewith by this reference) (the “Subtenant Work Letter”) and the terms of the Master Lease and this Sublease. All Subtenant Improvements are subject to the review and approval by among Subtenant, Sublandlord and Master Landlord (the "Construction Agreement"), Subtenant, Sublandlord and such processes and procedures as may be required by Master Landlord and will have provided for certain Subtenant Improvements to be constructed using Subtenant’s own architects in the Sublet Premises. Except as otherwise provided in this Agreement, or as required as a condition to Landlord's approval of the electrical or mechanical plans and contractors. In no event will Subtenant proceed with specifications or of any Subtenant Improvements without first obtaining Sublandlord’s consent (which shall not be unreasonably withheld, conditioned or delayed)Changes, as well as Master Landlord’s consent provided in the Construction Agreement, neither Subtenant nor Sublandlord shall be entitled or required to such Subtenant Improvements pursuant to the terms remove any of the Subtenant Work Letter. As provided in such Subtenant Work Letter, (i) Subtenant shall construct improvements from the Subtenant Improvements only after necessary permits, licenses and approvals have been obtained from appropriate governmental agencies; (ii) Subtenant shall construct all Subtenant Improvements in compliance with all relevant codes, laws, rules, regulations, and ordinances and the terms and conditions set forth in the Subtenant Work Letter; (iii) subject to Subtenant’s right to receive the Subtenant Improvement Allowance (as defined and set forth in Section 10.4.2 below), all Subtenant Improvements shall be made at Subtenant’s sole cost and shall be diligently prosecuted to completion; and (iv) Subtenant shall be solely responsible for obtaining a certificate of occupancy or other legal certification such that the Premises can be legally occupiedSublet Premises.
Appears in 1 contract
Samples: Sublease Agreement (Talk City Inc)
Subtenant Improvements. Subtenant shall be entitled make no alterations, improvements or renovations to construct tenant improvements in the Premises (the “Subtenant Improvements”), including reasonable security measures for the Subleased Premises, subject to and in accordance with including, without limitation, the terms installation of any equipment or facilities that certain Subtenant Work Letter to be attached to would utilize excessive amounts of electricity, without the Consent (prior written approval of Sublandlord, which is expressly incorporated herein by this reference) (the “Subtenant Work Letter”) and the terms of the Master Lease and this Sublease. All Subtenant Improvements are subject to the review and approval by Sublandlord and Master Landlord and such processes and procedures as may be required by Master Landlord and will be constructed using Subtenant’s own architects and contractors. In no event will Subtenant proceed with any Subtenant Improvements without first obtaining Sublandlord’s consent (which agrees shall not be unreasonably withheld, conditioned or delayed), as well as the prior written approval of Master Landlord and the payment of any fees or costs required by the Master Lease. If Sublandlord fails to respond to Subtenant’s request for approval within fifteen (15) days of receipt and such delay is not attributable to any delay by Master Landlord in granting its own approval, Sublandlord shall be deemed to have approved such request. All alterations to the Subleased Premises, regardless of which party constructed them, shall become the property of Master Landlord and shall remain upon and be surrendered with the Subleased Premises upon the expiration or earlier termination of this Sublease; provided that, unless at the time Subtenant requested Sublandlord’s and Master Landlord’s consent to such a proposed alteration, Subtenant Improvements pursuant to the terms of the Subtenant Work Letter. As provided in such Subtenant Work Letter, (i) Subtenant shall construct the Subtenant Improvements only after necessary permits, licenses and approvals have been obtained from appropriate governmental agencies; (ii) Subtenant shall construct all Subtenant Improvements in compliance with all relevant codes, laws, rules, regulationsrequested, and ordinances Sublandlord and Master Landlord each agreed in writing, that Subtenant need not remove such alteration upon the terms expiration or sooner termination of this Sublease, upon the expiration or earlier termination of this Sublease, at either Sublandlord’s or Master Landlord’s election and conditions set forth in the Subtenant Work Letter; (iii) subject upon notice to Subtenant’s right to receive the Subtenant Improvement Allowance (as defined and set forth in Section 10.4.2 below), all Subtenant Improvements shall be made at Subtenant’s sole cost and shall be diligently prosecuted to completion; and (iv) Subtenant shall be solely responsible for obtaining a certificate required to remove some or all of occupancy the alterations as designated in either the Sublandlord’s or other legal certification such that the Premises can be legally occupiedMaster Landlord’s notice to Subtenant.
Appears in 1 contract
Samples: Consent to Sublease (Cephalon Inc)
Subtenant Improvements. Subtenant shall be entitled to construct tenant provide Sublandlord and Landlord with prior written notice and a description of all improvements in the Premises (the “Subtenant Improvements”), including reasonable security measures for the Premises, subject to and in accordance with the terms of that certain Subtenant Work Letter to be attached made to the Consent (which is expressly incorporated herein Subleased Premises by this reference) (the “Subtenant Work Letter”) and the terms of the Master Lease and this SubleaseSubtenant. All Subtenant Improvements are subject to the review and approval by Sublandlord and Master Landlord and shall have ten (10) business days from receipt of said notice to approve or disapprove such processes and procedures as may be required by Master Landlord and will be constructed using Subtenant’s own architects and contractors. In no event will Subtenant proceed with any Subtenant Improvements without first obtaining Sublandlord’s consent (proposed improvements, which approval shall not be unreasonably withheld, conditioned withheld or delayed). Any improvements, as well as Master alterations, and renovations to the Subleased Premises by Subtenant pursuant to this Section 8.2 shall, at Sublandlord's or Landlord’s consent 's election given in writing to Subtenant at least thirty (30) days prior to the end of the Term hereof, or with Sublandlord's notice of any earlier termination hereof, either be removed by Subtenant or remain on the Subleased Premises; provided, however, that Subtenant shall have the right to remove prior to such Subtenant Improvements pursuant expiration or termination, its trade fixtures and other personal property. The provisions of this Section 8.2 apply to signs placed on the terms Subleased Premises by Subtenant, except for signs which are located wholly within the Subleased Premises and not visible from the exterior of the Subtenant Work LetterSubleased Premises. As provided in such Subtenant Work Letter, (i) Subtenant shall construct the Subtenant Improvements only after necessary permits, licenses and approvals have been obtained from appropriate governmental agencies; (ii) Subtenant shall construct all Subtenant Improvements in compliance with all relevant codes, laws, rules, regulations, and ordinances and the terms and conditions set forth in the Subtenant Work Letter; (iii) subject to Subtenant’s right to receive the Subtenant Improvement Allowance (as defined and set forth in Section 10.4.2 below), all Subtenant Improvements shall be made at Subtenant’s sole cost and shall be diligently prosecuted to completion; and (iv) All signs installed by Subtenant shall be solely responsible for obtaining a certificate maintained by Subtenant in good condition and Subtenant shall remove all such signs at the termination of occupancy this Sublease and shall repair any damage caused by such installation, existence or other legal certification such that the Premises can be legally occupied.removal
Appears in 1 contract
Samples: Sublease Agreement (Dixie Group Inc)