Tenant Construction Clause Samples

Tenant Construction. Within the first year of the Lease Term, Tenant agrees to remove the existing disc media fabrication improvements at the Premises and install new improvements (“Tenant Improvements”) consistent with Tenant’s use of the Premises as a data center. Tenant shall cause all improvements to the Premises not included in Landlord’s Work to be constructed at Tenant’s expense by a general contractor selected by Tenant (“General Contractor”) in accordance with construction plans and outline specifications prepared at Tenant’s expense by an architect selected by Tenant (“Tenant’s Architect”), to be attached to this Lease as Exhibit “B” (“Tenant Improvement Plans and Specifications”). The Tenant Improvements Plans and Specifications shall include any information required by the relevant agencies regarding Tenant’s use of Hazardous Materials, if applicable. Prior to commencing construction of the Tenant Improvements, Tenant shall: (i) obtain all required governmental approvals and permits; and (ii) provide Landlord seven (7) days’ prior notice so that Landlord may post a notice of nonresponsibility. Landlord acknowledges that the Tenant improvements will include typical improvements which support combined office and data-telecommunications center uses, which may consist of the following: (i) raised floors; (ii) floor-to-ceiling equipment racks; (iii) additional power panels, power converters, and related equipment and fixtures to provide within the Premises additional electric power to support telecommunication equipment; (iv) a UPS system, including back-up, diesel powered generators; (v) fiber conduit, cabling, and risers to support servers, routers, and other equipment; (vi) antenna in the antenna farm; (vii) specialized HVAC systems to support temperature requirements for data-telecommunications areas, including dry cooler units; and (viii) wall partitions to create separate office areas. As part of the Tenant Improvements, Tenant shall have the right, at its sole cost, to install a trench and conduit from the street to the carrier rooms to be located within the Premises, provided that plans and specifications and the contractor to be retained for such work are subject to Landlord’s reasonable approval. Any Tenant Improvement work shall be conducted at Tenant’s risk and in accordance with all Laws. Tenant shall indemnify and hold Landlord harmless from and against all costs, damages, claims, liabilities and expenses (including attorneys’ fees) suffered by or claimed ...

Tenant Construction. Except for ▇▇▇▇▇▇▇▇'s work specified in Paragraph 3 below, ▇▇▇▇▇▇ agrees to take the Premises and all existing improvements and fixtures in their present condition, "AS IS" and without any improvements or modifications of the part of Landlord. Tenant also agrees to perform or contract for the interior renovation and updating of the Premises for Tenant's use, at Tenant's sole cost and expense; provided that such work shall comply with all applicable federal, state and local codes, statutes and regulations and that no such renovation work shall be started unless or until:

Tenant Construction. Tenant may from time to time perform or contract for the interior renovation and updating of the Premises for Tenant's use, at Tenant's sole cost and expense; provided that such work shall comply with all applicable federal, state and local codes, statutes and regulations and that no such renovation work shall be started unless or until: (a) Landlord has approved in writing Tenant's plans and specifications for the work (for aesthetic and non-code purposes); (b) Tenant and its contractor and subcontractors have secured all necessary permits and approvals from the all applicable governmental authorities; and (

Tenant Construction. Tenant shall require that any contractor retained by Tenant to construct Tenant Improvements or any Alterations shall carry at least the following insurance: (i) Builder’s risk insurance for the full cost of any Tenant Improvements or Alterations constructed by Tenant or Tenant’s contractors. (ii) State Worker’s Compensation Insurance in the statutorily mandated limits and Employers Liability Insurance with limits of not less than five hundred thousand dollars ($500,000), or such greater amount as Landlord may from time to time require. Table of Contents (iii) Commercial general liability insurance, including but not limited to premises liability, independent contractor’s protective liability, completed operations and products liability, personal injury liability, contractual liability, property damage liability, and explosion, collapse and underground damage liability. Such insurance shall have a combined single limit of not less than one million dollars ($1,000,000) per occurrence and two million dollars ($2,000,000) in the aggregate for all occurrences within each policy year, or such greater amounts as Landlord may from time to time reasonably require. (iv) Comprehensive automobile liability insurance to cover owned automobiles, automobiles under a long-term lease, hired automobiles, employer’s non-ownership liability, medical payments and uninsured motorists. The limits of liability shall be no less than one million dollars ($1,000,000) for each occurrence for bodily injury and personal injury. (v) Umbrella or Excess Liability Insurance in the amount of not less than three million dollars ($3,000,000) over the each of the liability policy limits set forth in this Section, naming Landlord as an additional insured.

Tenant Construction. 15 ARTICLE 13 - TRADE FIXTURES...................................................15 ARTICLE 14 - LIENS............................................................15

Tenant Construction. All construction work done by Tenant within the Premises shall be performed in a good and workmanlike manner, in compliance with all governmental requirements and at such times and in such manner as to cause minimal interference with other construction in progress and with the transaction of business in the Project. Without limiting the generality of the foregoing, Landlord shall have the right to require that such work be performed during hours when the Project is not open for business and in accordance with rules and regulations which Landlord may from time to time prescribe. During any period of such work, Tenant shall keep adequate fire extinguishers within the Premises. All costs of such work shall be paid promptly so as to prevent the assertion of any liens for labor or materials. Tenant agrees to indemnify Landlord and to hold Landlord harmless from and against any loss, liability or damage resulting from such work, and Tenant shall, if requested by Landlord, furnish bond or other security satisfactory to Landlord against any such loss, liability or damage. Whenever Tenant proposes to do any construction work within the Premises, Tenant shall first furnish to Landlord plans and specifications in such detail as Landlord may request covering all such work. Such plans and specifications shall comply with such requirements as Landlord may from time to time prescribe for construction within the Project. In no event shall any construction work be commenced within the Premises without Landlord's prior written approval of such plans and specifications ~ and evidence that all contractors and subcontractors maintain the insurance coverages required by Landlord.

Tenant Construction a. Subject to the provisions of the Lease and this Agreement, Tenant shall proceed diligently to cause the Work to be substantially completed (as defined below) in accordance with a mutually agreeable construction schedule. The Premises shall be deemed "substantially completed" upon the project contractor completing the Tenant Work and obtaining a permanent or temporary certificate of occupancy for the Premises (or its equivalent). The Work shall be performed by a general contractor approved by Landlord following presentation to Landlord of competitive bids from at least three qualified contractors. b. During the performance of the Work Tenant shall cause its general contractor to hold construction meetings on a weekly basis to discuss the status of completion of the Work. Tenant shall provide Landlord and its construction consultant, if any, with notice of the meeting so that Landlord and its construction consultant shall have the opportunity to attend the meetings. c. Prior to the commencement of the Work, Tenant shall deliver to Landlord certificates issued by insurance companies qualified to do business in Colorado evidencing that workmen's compensation, public liability insurance, and property damage insurance, all in amounts, with companies, and on forms satisfaction to Landlord, are in force and maintained by the General Contractor. All such policies shall name Landlord as an additional insured and shall provide that the same may not be canceled or modified without thirty (30) days' prior notice to Landlord. d. Tenant, at its sole cost and expense, shall cause the Work to be performed in compliance with all applicable requirements of insurance bodies having jurisdiction, and in such manner as not to interfere with any other tenants of the Building or interfere with, delay, or impose any additional expense upon Landlord in the construction, maintenance, or operation of the Building, and so as to maintain harmonious labor relations in the Building. e. Tenant and the General Contractor (and, its authorized agents, employees and sub-contractors) shall have the right to enter and access the Premises prior to the Commencement Date, for the sole purpose of constructing the Tenant Improvements. Any entry by or on behalf of Tenant shall be subject to the Rules and Regulations and any such other reasonable rules, regulations, standards and conditions as Landlord may impose. f. Tenant expressly acknowledges that nothing in this Agreement shall authorize Tenant...

Tenant Construction. Tenant shall provide, at its expense, all equipment, furniture and fixtures to be used in the Premises and shall do all construction work relating to Tenant's use of the Premises except to the extent that Landlord has expressly agreed to perform the same pursuant to Exhibit C attached hereto. Any deviations requested by Tenant to work set forth in Exhibit C shall be subject to Landlord's consent and Tenant shall be required to pay any additional costs or expenses caused by any such deviations. Tenant shall provide Landlord with plans and specifications for its intended construction work thirty (30) days prior to the commencement of any such construction. Such plans and specifications shall be subject to Landlord's written consent. Tenant shall be required to obtain any governmental approvals necessary for its construction, and shall comply with any applicable building codes or other governmental requirements or regulations.

Tenant Construction. The Landlord and the Tenant mutually acknowledge that it is the intention and desire of each to have the Premises developed / redeveloped in a manner generally consistent with certain plans and vision statements heretofore presented by the Tenant to the Board of Trustees and administrative staff of the Landlord. Such plans and intentions of Tenant contemplate the development / redevelopment of the Premises to be pursued and completed by Tenant in four (4) Phases, each of which are depicted upon the attached Exhibit C, with the first Phase (contemplated to be upon Phase I of the Premises) anticipated to begin shortly after possession of the Premise is delivered to, and accepted by, the Tenant consistent with the provisions of Section 3 above. With respect to the development / redevelopment of the first Phase and each and every other Phase thereafter, the following shall apply: