Tenant Improvement Construction. 1. All Tenant Improvements to be constructed or installed in the Premises shall be performed by Contractor in accordance with the Approved Plans, subject to any changes agreed to by Landlord and Tenant in writing. Landlord shall have no obligation to Tenant for defects in design, workmanship or materials in connection with the Tenant Improvements. Any changes to the Approved Plans shall require the written approval of Landlord and Tenant, which approval shall not be unreasonably withheld, conditioned or delayed. All such changes must be evidenced by a written change order executed by Landlord and Tenant or their respective representatives describing the change required in the Approved Plans, and the cost of such changes shall be paid in accordance with the terms of this Exhibit B. 2. Tenant shall cause Contractor to construct the Tenant Improvements in a manner designed to avoid interference with the construction of the Base Building Improvements. Landlord and Tenant shall each use good faith efforts to reasonably resolve any issues or conflicts that may arise during the course of constructing the Tenant Improvements and the Base Building Improvements. Entry by Contractor in accordance with this Exhibit B shall not constitute Tenant’s occupancy of the Premises under Paragraph 3 of the Lease; however, Tenant shall comply with all terms and conditions of the Lease (excluding only, prior to the Commencement Date, the obligation to pay Rent) during Contractor’s occupancy of and work within the Premises. Tenant shall be responsible for maintaining harmonious labor relations with all contractors and service providers servicing the Premises. 3. In addition to and without limitation on the requirements set forth in the Lease, Tenant shall ensure that Contractor and all subcontractor(s) procure and maintain in full force and effect during the course of construction a “broad form” commercial general liability and property damage policy of insurance naming, Landlord, Tenant and Landlord’s lenders as additional insureds. The minimum limit of coverage of the aforesaid policy shall be in the amount of not less than Three Million Dollars ($3,000,000) for injury or death of one person in any one accident or occurrence and in the amount of not less than Three Million Dollars ($3,000,000) for injury or death of more than one person in any one accident or occurrence, and shall contain a severability of interest clause or a cross liability endorsement. Such insurance shall further insure Landlord and Tenant against liability for property damage of at least One Million Dollars ($1,000,000).
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Samples: Lease Agreement (Theravance Biopharma, Inc.), Lease Agreement (Threshold Pharmaceuticals Inc)
Tenant Improvement Construction. 1. All Tenant Improvements to be constructed or installed in the Premises shall be performed by Contractor in accordance with the Approved Plans, subject to any changes agreed to by Landlord and Tenant in writing. Landlord shall have no obligation to Tenant for defects in design, workmanship or materials in connection with the Tenant Improvements. Any changes to the Approved Plans shall require the written approval of Landlord and Tenant, which approval shall not be unreasonably withheld, conditioned or delayed. All such changes must be evidenced by a written change order executed by Landlord and Tenant or their respective representatives describing the change required in the Approved Plans, and the cost of such changes shall be paid in accordance with the terms of this Exhibit B.
2. Tenant shall cause Contractor to construct the Tenant Improvements in a manner designed to avoid interference with the construction of the Base Building Improvements. Landlord and Tenant shall each use good faith efforts to reasonably resolve any issues or conflicts that may arise during the course of constructing the Tenant Improvements and the Base Building Improvements. Entry by Contractor in accordance with this Exhibit B shall not constitute Tenant’s 's occupancy of the Premises under Paragraph 3 of the Lease; however, Tenant shall comply with all terms and conditions of the Lease (excluding only, prior to the Commencement Date, the obligation to pay Rent) during Contractor’s 's occupancy of and work within the Premises. Tenant shall be responsible for maintaining harmonious labor relations with all contractors and service providers servicing the Premises.
3. In addition to and without limitation on the requirements set forth in the Lease, Tenant shall ensure that Contractor and all subcontractor(s) procure and maintain in full force and effect during the course of construction a “"broad form” " commercial general liability and property damage policy of insurance naming, Landlord, Tenant and Landlord’s 's lenders as additional insureds. The minimum limit of coverage of the aforesaid policy shall be in the amount of not less than Three Million Dollars ($3,000,000) for injury or death of one person in any one accident or occurrence and in the amount of not less than Three Million Dollars ($3,000,000) for injury or death of more than one person in any one accident or occurrence, and shall contain a severability of interest clause or a cross liability endorsement. Such insurance shall further insure Landlord and Tenant against liability for property damage of at least One Million Dollars ($1,000,000).
Appears in 1 contract
Samples: Lease Agreement (Theravance Inc)
Tenant Improvement Construction. 1. All Tenant Improvements to be constructed or installed in the Premises shall be performed by Contractor in accordance with the Approved Plans, subject to any changes agreed to by Landlord and Tenant in writing. Landlord shall have no obligation to Tenant for defects in design, workmanship or materials in connection with the Tenant Improvements. Any changes to the Approved Plans shall require the written approval of Landlord and Tenant, which approval shall not be unreasonably withheld, conditioned or delayed. All such changes must be evidenced by a written change order executed by Landlord and Tenant or their respective representatives describing the change required in the Approved Plans, and the cost of such changes shall be paid in accordance with the terms of this Exhibit B.EXHIBIT C.
2. Tenant shall cause Contractor to construct the Tenant Improvements in a manner designed to avoid interference with the construction of the Base Building Improvements. Landlord and Tenant shall each use good faith efforts to reasonably resolve any issues or conflicts that may arise during the course of constructing the Tenant Improvements and the Base Building Improvements. Entry by Contractor in accordance with this Exhibit B EXHIBIT C shall not constitute Tenant’s 's occupancy of the Premises under Paragraph 3 of the Lease; however, Tenant shall comply with all terms and conditions of the Lease (excluding only, prior to the Commencement Date, the obligation to pay Rent) during Contractor’s 's occupancy of and work within the Premises. Tenant shall be responsible for maintaining harmonious labor relations with all contractors and service providers servicing the Premises.
3. In addition to and without limitation on the requirements set forth in the Lease, Tenant shall ensure that Contractor and all subcontractor(s) procure and maintain in full force and effect during the course of construction a “"broad form” " commercial general liability and property damage policy of insurance naming, Landlord, Tenant and Landlord’s 's lenders as additional insureds. The minimum limit of coverage of the aforesaid policy shall be in the amount of not less than Three Million Dollars ($3,000,000) for injury or death of one person in any one accident or occurrence and in the amount of not less than Three Million Dollars ($3,000,000) for injury or death of more than one person in any one accident or occurrence, and shall contain a severability of interest clause or a cross liability endorsement. Such insurance shall further insure Landlord and Tenant against liability for property damage of at least One Million Dollars ($1,000,000).
Appears in 1 contract
Tenant Improvement Construction. 1. All Tenant Improvements to be constructed or installed in the Premises shall be performed by Contractor in accordance with the Approved Plans, subject to any changes agreed to by Landlord and Tenant in writing. Landlord shall have no obligation to perform tenant improvement work with respect to the Premises. All initial tenant improvements which Tenant desires to install in the Building (the “Tenant Improvements”) shall be constructed by Tenant in accordance with plans and specification reasonably approved by Landlord and the requirements of this Section 6.B and Article 8 below, at Tenant’s sole cost, subject to Landlord’s obligation to provide a Work Allowance pursuant to Section 6.C below. When Tenant’s final plans and specifications for defects the Tenant Improvements have been approved by Landlord and the City, such plans and specifications shall be identified in designan exhibit which shall be attached to this Lease as Exhibit “B”. Landlord’s Work shall not constitute Tenant Improvements under this Lease. The architect and general contractor involved in the design and construction of the Tenant Improvements shall be subject to Landlord’s prior written approval, workmanship not to be unreasonably withheld, conditioned or materials delayed. Landlord hereby approves of Tenant’s use of Permian Builders as a General Contractor and ArcTec, Inc. as an architect. All Tenant Improvements shall be constructed by Tenant in connection accordance with the plans and specification approved by Landlord, and shall be consistent with Class A construction and quality provided however, that the foregoing shall not require Tenant Improvements. Any changes to comply with any particular LEED or similar voluntary green building certification except to the Approved Plans shall require extent required by the City or any other governmental authority having jurisdiction. All Tenant Improvements are subject to Landlord’s prior written approval of Landlord and Tenantconsent, which approval consent shall not be unreasonably withheld, conditioned or delayed. All such changes must The process for approval and disapproval of Tenant’s plans and specifications for the Tenant Improvements is additionally described in Section 8.A below. The Tenant Improvements shall not be evidenced removed or altered by a written change order executed by Landlord Tenant except as provided in Section 7.A and Tenant or their respective representatives describing the change required in the Approved Plans, and the cost of such changes shall be paid in accordance with the terms of this Exhibit B.
2Article 8 below. Tenant shall cause Contractor have the right to construct depreciate and claim and collect any investment tax credits for the Tenant Improvements in a manner designed during the Lease Term to avoid interference with the construction extent paid for by sources other than the Work Allowance. Upon expiration of the Base Building Improvements. Landlord and Tenant shall each use good faith efforts to reasonably resolve Lease Term or any issues or conflicts that may arise during earlier termination of the course of constructing Lease, the Tenant Improvements shall become the property of Landlord and shall remain upon and be surrendered with the Base Building Improvements. Entry by Contractor Premises, and title thereto shall automatically vest in accordance with this Exhibit B shall not constitute Tenant’s occupancy of the Premises under Paragraph 3 of the Lease; howeverLandlord without any payment therefore, Tenant shall comply with all terms and conditions of the Lease (excluding only, prior except to the Commencement Date, the obligation extent Tenant is required to pay Rent) during Contractor’s occupancy remove them pursuant to other provisions of and work within the Premises. Tenant shall be responsible for maintaining harmonious labor relations with all contractors and service providers servicing the Premisesthis Lease.
3. In addition to and without limitation on the requirements set forth in the Lease, Tenant shall ensure that Contractor and all subcontractor(s) procure and maintain in full force and effect during the course of construction a “broad form” commercial general liability and property damage policy of insurance naming, Landlord, Tenant and Landlord’s lenders as additional insureds. The minimum limit of coverage of the aforesaid policy shall be in the amount of not less than Three Million Dollars ($3,000,000) for injury or death of one person in any one accident or occurrence and in the amount of not less than Three Million Dollars ($3,000,000) for injury or death of more than one person in any one accident or occurrence, and shall contain a severability of interest clause or a cross liability endorsement. Such insurance shall further insure Landlord and Tenant against liability for property damage of at least One Million Dollars ($1,000,000).
Appears in 1 contract
Samples: Lease Agreement (ServiceNow, Inc.)
Tenant Improvement Construction. 1. All Landlord shall cause the initial tenant improvements to the Premises (“Tenant Improvements Improvements”) to be constructed or installed in the Premises shall be performed by Contractor Landlord’s General Contractor, in accordance with the Approved Plansplans and outline specifications to be attached as Exhibit “C” when such plans have been completed by ArcTec, subject to any changes agreed to Inc. (“Landlord’s Architect”) and approved by Xxxxxx and Landlord, which approvals of Landlord and Tenant shall not be unreasonably withheld, conditioned or delayed (“Tenant Improvement Plans and Specifications”). The Tenant Improvement Plans and Specifications shall include the improvements outlined on Exhibit “B”, as supplemented by Exhibit B-1 and Exhibit B-2. For purposes of this Lease, the “Building Core” means those items typically associated in writingthe industry with an office building core including elevators, finished restrooms, fire sprinklers, HVAC and electrical systems distributed to each floor, exiting stair finishes, and a finished building lobby. Prior to the execution of this Lease, Landlord shall have no obligation and Tenant met at the Premises with Landlord’s Architect to Tenant for defects in design, workmanship or materials in connection with discuss and agree upon the initial scope of the Tenant Improvements. Any changes Landlord shall cause Landlord’s Architect to prepare the initial plans for the Tenant Improvements which shall be delivered to Landlord and Tenant for their review and comment. Within ten (10) business days of receiving the preliminary plans, Tenant shall provide Landlord and Landlord’s Architect with detailed comments on such preliminary plans or Tenant’s approval of such plans. Tenant’s failure to provide comments on the preliminary plans within such ten (10)- business day period shall be deemed Tenant’s approval of the preliminary plans. Upon receipt of Tenant’s comments, Landlord shall cause Landlord’s Architect to revise the preliminary plans in order to cause the Tenant Improvement Plans and Specifications to be completed for all aspects of the work with all detail necessary for submittal to the Approved City for issuance of building permits and for construction and shall include any information required by the relevant agencies regarding Tenant’s use of Hazardous Materials if applicable. The Tenant Improvements and Tenant Improvement Plans and Specifications shall require the written approval of Landlord and Tenantbe subject to Landlord’s approval, which approval shall not be unreasonably withheld, conditioned or delayed. All such changes must be evidenced by The Tenant Improvement Plans and Specifications shall provide for a written change order executed by Landlord and Tenant or their respective representatives describing minimum build-out in all areas of the change required in Premises consisting of: (i) the Approved PlansBuilding Core, (ii) fire sprinklers, (iii) floor coverings, (iv) adequate ceiling treatment, (v) distribution of the HVAC system, (vi) adequate lighting, and (vii) any other work required by the cost City necessary to obtain a certificate of such changes occupancy, a temporary certificate of occupancy or the equivalent if certificates of occupancy or temporary certificates of occupancies are not issued by the City or the applicable work is not the type of work for which a certificate of occupancy is required. The Tenant Improvement Plans and Specifications shall be paid prepared in accordance with the terms of this Exhibit B.
2. Tenant shall cause sufficient detail to allow Landlord’s General Contractor to construct the Tenant Improvements. The Tenant Improvements shall not be removed or altered by Tenant without the prior written consent of Landlord as provided in a manner designed to avoid interference Section 8 below. Upon expiration of the Lease Term or any earlier termination of the Lease, the Tenant Improvements shall become the property of Landlord and shall remain upon and be surrendered with the construction of Premises, and title thereto shall automatically vest in Landlord without any payment therefore, except to the Base Building extent Tenant is required to remove any Tenant Improvements that Landlord notifies Tenant are Specialized Tenant Improvements (as defined in Section 10.B. below) at the time that Xxxxxx requests consent to such Tenant Improvements. Landlord and Tenant shall each use good faith efforts to reasonably resolve any issues or conflicts that may arise during obtain a building permit from the course of constructing City for the Tenant Improvements and thereafter to cause Landlord’s General Contractor to substantially complete the Base Building Tenant Improvements. Entry by Contractor The Tenant Improvements shall be deemed substantially complete (“Substantially Complete”, “Substantially Completed” or “Substantial Completion”) when the Tenant Improvements have been substantially completed in accordance with this Exhibit B shall the Tenant Improvement Plans and Specifications, as evidenced by the issuance of a certificate of occupancy, a temporary certificate of occupancy or the equivalent of a certificate of occupancy or a temporary occupancy by the appropriate governmental authority to the extent required under applicable Laws, except for punch list type items that do not constitute prevent Tenant from occupying the Premises for the conduct of its business therein. The completion of punch list items that don’t materially affect Tenant’s occupancy use of the Premises under Paragraph 3 of shall not be required in order to deem the Lease; however, Tenant shall comply with all terms and conditions of the Lease (excluding only, prior to the Commencement Date, the obligation to pay Rent) during Contractor’s occupancy of and work within the Premises. Tenant shall be responsible for maintaining harmonious labor relations with all contractors and service providers servicing the PremisesImprovements Substantially Complete.
3. In addition to and without limitation on the requirements set forth in the Lease, Tenant shall ensure that Contractor and all subcontractor(s) procure and maintain in full force and effect during the course of construction a “broad form” commercial general liability and property damage policy of insurance naming, Landlord, Tenant and Landlord’s lenders as additional insureds. The minimum limit of coverage of the aforesaid policy shall be in the amount of not less than Three Million Dollars ($3,000,000) for injury or death of one person in any one accident or occurrence and in the amount of not less than Three Million Dollars ($3,000,000) for injury or death of more than one person in any one accident or occurrence, and shall contain a severability of interest clause or a cross liability endorsement. Such insurance shall further insure Landlord and Tenant against liability for property damage of at least One Million Dollars ($1,000,000).
Appears in 1 contract
Samples: Lease Agreement (Astera Labs, Inc.)
Tenant Improvement Construction. (1. ) All Tenant Improvements to be constructed or installed in the Premises shall be performed by Contractor in accordance with the Approved Plans, subject to any changes agreed to by Landlord and Tenant in writing. Landlord shall have no obligation to Tenant for defects in design, workmanship or materials in connection with the Tenant Improvements. Any changes to the Approved Plans shall require the written approval of Landlord and Tenant, which approval shall not be unreasonably withheld, conditioned or delayed. All such changes must be evidenced by a written change order executed by Landlord and Tenant or their respective representatives agent describing the change required in the Approved Plans, and the cost of such changes shall be paid in accordance with the terms of this Exhibit B.B-FA.
(2. Tenant ) Landlord shall cause Contractor to construct coordinate construction of the Tenant Improvements in a manner designed to avoid interference by Contractor with the construction of the Base Building Improvements by Contractor in the most efficient manner reasonably possible for the timely completion of the Base Building Improvements and the Tenant Improvements. Landlord and Tenant shall each use good faith efforts to reasonably resolve any issues or conflicts that may arise during the course of constructing the Tenant Improvements and the Base Building Improvements. Entry by Contractor in accordance with this Exhibit B B-FA shall not constitute Tenant’s 's occupancy of the Premises Expansion Space under Paragraph 3 of the Lease; however, Tenant shall comply with all terms and conditions of the Lease (excluding only, prior shall apply to the Commencement Date, the obligation to pay Rent) during Contractor’s 's occupancy of and work within the Premises. Tenant shall be responsible for maintaining harmonious labor relations with all contractors and service providers servicing the PremisesExpansion Space.
(3. ) In addition to and without limitation on the requirements set forth in the Lease, Tenant shall ensure that that, with respect to the work to be performed as part of Tenant's Contract, Contractor and all subcontractor(s) procure and maintain in full force and effect during the course of construction a “"broad form” " commercial general liability and property damage policy of insurance naming, Landlord, Tenant and Landlord’s 's lenders as additional insureds. The minimum limit of coverage of the aforesaid policy shall be in the amount of not less than Three Million Dollars ($3,000,000) that [...***...] for injury or death of one person in any one accident or occurrence and in the amount of not less than Three Million Dollars ($3,000,000) [...***...] for injury or death of more than one person in any one accident or occurrence, and shall contain a severability of interest clause or a cross liability endorsement. Such insurance shall further insure Landlord and Tenant against liability for property damage of at least One Million Dollars ($1,000,000).* CONFIDENTIAL TREATMENT REQUESTED
Appears in 1 contract
Tenant Improvement Construction. 1. All initial tenant improvements to the interior of the Premises which Tenant Improvements desires to install in the Building prior to commencing operation of its business in any portion of the Premises (“Tenant Improvements”) shall be constructed or installed by Landlord’s General Contractor (as defined below in the Premises shall be performed by Contractor Section 6.C) in accordance with plans and specifications prepared under Tenant’s direction by Tenant’s Architect (as defined below in this Section 6.B) and approved by Landlord and the Approved Plansrequirements of this Section 6.B and Section 8 below, at Tenant’s sole cost, subject to any changes agreed Section 6.C below relating to by the Work Allowance. Tenant has provided and Landlord and Tenant in writing. Landlord shall have no obligation to Tenant has approved the preliminary plans for defects in design, workmanship or materials in connection with the Tenant ImprovementsImprovements attached hereto as Exhibit “C” (the “Preliminary TI Plans”). Any changes The final plans and specifications for the Tenant Improvements (the “Tenant Improvement Plans and Specifications”) shall be prepared at Tenant’s expense (subject to the Approved Plans shall require the written approval of Landlord Work Allowance) by a licensed California architect selected by Tenant (“Tenant’s Architect”) and Tenantapproved by Landlord, which approval shall not be unreasonably withheldwithheld (Landlord hereby pre-approves Form 4 as Tenant’s Architect) and shall be generally consistent with, conditioned or delayed. All such changes must be evidenced logical extensions of, the Preliminary TI Plans; provided, Landlord shall not unreasonably withhold consent to revisions to the Preliminary TI Plans requested by a written change order executed by Landlord and Tenant which do not add or their respective representatives describing expand the change required Specialized Tenant Improvements shown in the Approved Preliminary TI Plans, but if the revisions do add or expand the Specialized Tenant Improvements, Landlord may withhold consent based on its sole and absolute discretion. The process for approval and disapproval of the cost of such changes shall be paid Tenant Improvement Plans and Specifications is described in accordance with the terms of this Exhibit B.
2. Section 6.B. Tenant shall cause Contractor to construct the Tenant Improvements in a manner designed Improvement Plans and Specifications to avoid interference with the construction be completed for all aspects of the Base Building Improvements. Landlord work with all detail necessary for submittal to the City for issuance of building permits, which Tenant and Tenant shall each use good faith efforts to reasonably resolve any issues or conflicts that may arise during the course of constructing the Tenant Improvements and the Base Building Improvements. Entry by Contractor in accordance with this Exhibit B shall not constitute Tenant’s occupancy of the Premises under Paragraph 3 of the Lease; however, Tenant shall comply with all terms and conditions of the Lease (excluding only, prior to the Commencement Date, the obligation to pay Rent) during Contractor’s occupancy of and work within the Premises. Tenant Architect shall be responsible required to be obtained, and for maintaining harmonious labor relations with all contractors and service providers servicing the Premises.
3. In addition to and without limitation on the requirements set forth in the Lease, Tenant shall ensure that Contractor and all subcontractor(s) procure and maintain in full force and effect during the course of construction a “broad form” commercial general liability and property damage policy of insurance naming, Landlord, Tenant and by Landlord’s lenders as additional insureds. The minimum limit of coverage of the aforesaid policy shall be in the amount of not less than Three Million Dollars ($3,000,000) for injury or death of one person in any one accident or occurrence and in the amount of not less than Three Million Dollars ($3,000,000) for injury or death of more than one person in any one accident or occurrenceGeneral Contractor, and shall contain a severability include any information required by the relevant agencies regarding Tenant’s use of interest clause or a cross liability endorsementHazardous Materials if applicable. Such insurance shall further insure Landlord and Tenant against liability for property damage For purposes of at least One Million Dollars ($1,000,000).this Lease, the “
Appears in 1 contract
Samples: Lease Agreement (Cutera Inc)
Tenant Improvement Construction. 1Tenant, at Tenant's sole cost and expense, shall retain an interior architect ("Tenant's Architect") to prepare plans and outline specifications to be attached as Exhibit "E" ("Tenant Improvement Plans and Specifications") with respect to the construction of improvements to the Premises ("Tenant Improvements") necessary for Tenant's use and occupancy of the Building. The Tenant Improvement Plans and Specifications shall be completed for all aspects of the work by January 31, 2001 with all detail necessary for submittal to the city for issuance of building permits and for construction and shall include any information required by the relevant agencies regarding Tenant's use of Hazardous Materials. The Tenant Improvements shall consist of all items not included within the Building Shell Definition but shall not, in any event, include any of Tenant's equipment or trade fixtures including lab benches, laboratory casework, and fume hoods. All Tenant Improvements that materially affect or are directly related to be constructed or installed in the Premises Building Core shall be performed by Contractor in accordance with the Approved Plans, subject to any changes agreed to by Landlord and Tenant in writing. Landlord shall have no obligation to Tenant for defects in design, workmanship or materials in connection with the Tenant Improvements. Any changes to the Approved Plans shall require the written approval of Landlord and TenantLandlord's approval, which approval which shall not be unreasonably withheld, conditioned or delayed. All such changes must For purposes of this Lease, the "Building Core" means those items typically associated in the industry with an office building core including elevators, restrooms, fire sprinklers, HVAC and electrical systems distributed to each floor, exiting stair finishes, and a finished building lobby. The Tenant Improvement Plans and Specifications shall provide for a minimum build-out in all areas of the Premises consisting of: (i) the Building Core, (ii) fire sprinklers, (iii) floor coverings, (iv) t -bar suspended ceiling (v) distribution of the HVAC system, (vi) 2' x 4' drop-in florescent lighting, and (vii) any other work required by the City of Fremont necessary to obtain an unconditional certificate of occupancy from the City of Fremont within ninety (90) days from the Commencement Date. The Tenant Improvement Plans and Specifications shall be evidenced prepared in sufficient detail to allow a general contractor to be selected by a written change order executed Tenant and reasonably approved by Landlord and ("Tenant's Contractor") to construct the Tenant or their respective representatives describing the change required in the Approved Plans, and the cost of such changes Improvements. Tenant's Contractor shall be paid in accordance with the terms of this Exhibit B.
2use union labor. Tenant shall contract directly with and shall cause Tenant's Contractor to construct the Tenant Improvements in accordance with all Tenant Improvement Plans and Specifications. Provided that Tenant's Contractor does not interfere with construction of the Building Shell by General Contractor, Landlord shall permit Tenant's Contractor access to the Premises in order to commence construction of the Tenant Improvements by February 15, 2001; however, such date shall be extended for each day of delay resulting from Building Shell Modifications ordered by Tenant. The foregoing notwithstanding, Landlord agrees to permit Tenant's Contractor access to the Premises as soon as is reasonably possible provided such access does not in any way interfere with construction of the Building Shell. Tenant shall use its best efforts to obtain a manner designed to avoid interference with building permit from the City of Fremont as soon as possible and thereafter diligently supervise the construction of Tenant Improvements until they are substantially complete as hereinafter defined. The Tenant Improvements shall be deemed substantially complete ("Substantially Complete" or "Substantial Completion") when the Base Building ImprovementsTenant Improvements have been substantially completed in accordance with the Tenant Improvement Plans and Specifications, as evidenced by the completion of a final inspection or the issuance of a certificate of occupancy or its equivalent by the appropriate governmental authority. Installation of Tenant's data and phone cabling or furniture shall not be required in order to deem the Premises Substantially Complete. The Tenant Improvements shall not be removed or altered by Tenant except as may be required or permitted by Landlord pursuant to Sections 6 and 7 below. During the Lease Term, the Tenant Improvements shall be the property of Tenant and Tenant shall each use good faith efforts have the right to reasonably resolve depreciate and claim and collect any issues investment tax credits in the Tenant Improvements. At the expiration of the Lease Term or conflicts that may arise during any earlier termination of the course of constructing Lease, the Tenant Improvements shall become the property of Landlord and the Base Building Improvements. Entry by Contractor in accordance shall remain upon and be surrendered with this Exhibit B shall not constitute Tenant’s occupancy of the Premises under Paragraph 3 of the Lease; however, Tenant shall comply with all terms and conditions of the Lease (excluding only, prior subject to the Commencement Date, the obligation Landlord's right to pay Rent) during Contractor’s occupancy of and work within the Premises. Tenant shall be responsible for maintaining harmonious labor relations with all contractors and service providers servicing the Premises.
3. In addition require removal pursuant to and without limitation on the requirements set forth in the Lease, Tenant shall ensure that Contractor and all subcontractor(s) procure and maintain in full force and effect during the course of construction a “broad form” commercial general liability and property damage policy of insurance naming, Landlord, Tenant and Landlord’s lenders as additional insureds. The minimum limit of coverage of the aforesaid policy shall be in the amount of not less than Three Million Dollars ($3,000,000) for injury or death of one person in any one accident or occurrence and in the amount of not less than Three Million Dollars ($3,000,000) for injury or death of more than one person in any one accident or occurrenceSection 6 below), and title thereto shall contain a severability of interest clause or a cross liability endorsement. Such insurance shall further insure automatically vest in Landlord and Tenant against liability for property damage of at least One Million Dollars ($1,000,000)without any payment therefore.
Appears in 1 contract
Samples: Lease Agreement (Abgenix Inc)
Tenant Improvement Construction. A. TENANT'S RESPONSIBILITIES
1. All Tenant is responsible for all services and items of cost necessary for the total design and construction of the Tenant Improvements for the Leased Premises ("Tenant's Work") except for any work or services expressly identified in this Tenant Work Agreement Exhibit to be constructed or installed in the Premises shall be performed provided by Contractor in accordance others. The failure of Tenant to comply with the Approved Plans, subject to any changes agreed to by Landlord and Tenant in writing. Landlord shall have no obligation to Tenant for defects in design, workmanship or materials in connection with the Tenant Improvements. Any changes to the Approved Plans shall require the written approval of Landlord and Tenant, which approval shall not be unreasonably withheld, conditioned or delayed. All such changes must be evidenced by a written change order executed by Landlord and Tenant or their respective representatives describing the change required in the Approved Plans, its obligations and the cost requirements set forth in this Exhibit, or to commence or complete the construction of such changes shall be paid the Leased Premises in accordance with the terms of the Lease to which this Exhibit B.is attached and made a part, may result in the Landlord invoking the remedies set forth herein to protect the Landlord's interest.
2. Tenant shall cause Contractor acknowledges that when Landlord delivers the Leased Premises to construct the Tenant Improvements in a manner designed to avoid interference with ready for the construction of Tenant's Work, portions of the Base Building ImprovementsCenter will still be in various stages of construction. Landlord This will necessitate, and Tenant agrees to, reentry by the Landlord's contractors into Tenant's Premises to complete work and punch list work. The construction of the base building shall each use good faith efforts be managed by Xxxxxx XxXxxxxx Bovis, Inc. and others as may be designated by the Landlord from time to reasonably resolve any issues or conflicts that may arise during time ("Landlord's Construction Manager"), and Tenant agrees to cooperate with Landlord's Construction Manager to coordinate the course simultaneous construction of constructing the Tenant Improvements Tenant's Work and the Base Building ImprovementsLandlord's Work. Entry by Contractor Tenant acknowledges that the prosecution of Landlord's Work in accordance with this Exhibit B the Center shall not constitute take precedence over Tenant’s occupancy of the Premises under Paragraph 3 of the Lease; however, Tenant shall comply with all terms and conditions of the Lease (excluding only, prior to the Commencement Date, the obligation to pay Rent) during Contractor’s occupancy of and work within the Premises's work. Tenant shall be responsible provide Construction Manager access to the Leased Premises as necessary for maintaining harmonious labor relations the Construction Manager to complete any work required in connection with all contractors and service providers servicing the PremisesConstruction Manager's Work.
3. In addition to and without limitation on the requirements set forth in the Lease, Tenant shall ensure that Contractor and all subcontractor(s) procure and maintain in full force and effect during the course of construction a “broad form” commercial general liability and property damage policy of insurance naming, Landlord, Tenant and Landlord’s lenders as additional insureds. The minimum limit of coverage of the aforesaid policy shall be in the amount of not less than Three Million Dollars ($3,000,000) for injury or death of one person in any one accident or occurrence and in the amount of not less than Three Million Dollars ($3,000,000) for injury or death of more than one person in any one accident or occurrence, and shall contain a severability of interest clause or a cross liability endorsement. Such insurance shall further insure Landlord and Tenant against liability for property damage of at least One Million Dollars ($1,000,000).
Appears in 1 contract
Tenant Improvement Construction. 1Tenant, at Tenant's sole cost and expense, shall retain an interior architect ("Tenant's Architect") to prepare plans and outline specifications to be attached as Exhibit "F" ("Tenant ----------- Improvement Plans and Specifications") with respect to the construction of the balance of the improvements to the interior of the Premises ("Tenant Improvements") necessary for Tenant's use and occupancy of the Building. All Landlord shall cause Tenant Improvements to be constructed or installed in by the Premises shall be performed by General Contractor in accordance with the Approved PlansTenant Improvement Plans and Specifications. The Tenant Improvement Plans and Specifications shall be completed for all aspects of the work by July 31, 2001 with all detail necessary for submittal to the city for issuance of building permits and for construction and shall include any information required by the relevant agencies regarding Tenant's use of Hazardous Materials if applicable. The Tenant Improvements shall consist of all items not included within the scope of the Building Shell Definition, including all Building Core Improvements. All Tenant Improvements shall be subject to any changes agreed to by Landlord and Tenant in writing. Landlord shall have no obligation to Tenant for defects in design, workmanship or materials in connection with the Tenant Improvements. Any changes to the Approved Plans shall require the written approval of Landlord and TenantLandlord's approval, which approval shall not be unreasonably withheld, conditioned or delayed. All such changes must be evidenced by The Tenant Improvement Plans and Specifications shall provide for a written change order executed by Landlord and Tenant or their respective representatives describing minimum build-out in all areas of the change required Premises consisting of: (i) fire sprinklers, (ii) floor coverings, (iii) t-bar suspended ceiling (iv) distribution of the HVAC system, (v) 2' x 4' drop-in the Approved Plansflorescent lighting, and (vi) any other work required by the cost City of such changes shall be paid in accordance with the terms Mountain View necessary to obtain a Certificate of this Exhibit B.
2Occupancy. Tenant shall cause not have the right to delay the completion of the foregoing minimum Tenant Improvement build-out. The Tenant Improvement Plans and Specifications shall be prepared in sufficient detail to allow General Contractor to construct the Tenant Improvements. The Tenant Improvements shall not be removed or altered by Tenant without the prior written consent of Landlord as provided in a manner designed Section 7 below. Tenant shall have the right to avoid interference with depreciate and claim and collect any investment tax credits related to the construction Tenant Improvements. Upon expiration of the Base Building Improvements. Landlord and Tenant shall each use good faith efforts to reasonably resolve Lease Term or any issues or conflicts that may arise during earlier termination of the course of constructing Lease, the Tenant Improvements shall become the property of Landlord and shall remain upon and be surrendered with the Base Building Premises, and title thereto shall automatically vest in Landlord without any payment therefore. Landlord shall use its reasonable best efforts to obtain a building permit from the City of Mountain View for the Tenant Improvements as soon as possible after submittal of the Tenant Improvement Plans and Specifications, and thereafter to cause the General Contractor to Substantially Complete the Tenant Improvements. Entry by Contractor The Tenant Improvements shall be deemed substantially complete when the Tenant Improvements have been substantially completed in accordance with this Exhibit B the Tenant Improvement Plans and Specifications, as evidenced by the issuance of a certificate of occupancy or its equivalent by the appropriate governmental authority. Installation of Tenant's data and phone cabling, Tenant's furniture, or the exterior landscaping shall not constitute Tenant’s occupancy of be required in order to deem the Premises under Paragraph 3 of the Lease; however, Tenant shall comply with all terms and conditions of the Lease (excluding only, prior to the Commencement Date, the obligation to pay Rent) during Contractor’s occupancy of and work within the Premises. Tenant shall be responsible for maintaining harmonious labor relations with all contractors and service providers servicing the PremisesImprovements Substantially Complete.
3. In addition to and without limitation on the requirements set forth in the Lease, Tenant shall ensure that Contractor and all subcontractor(s) procure and maintain in full force and effect during the course of construction a “broad form” commercial general liability and property damage policy of insurance naming, Landlord, Tenant and Landlord’s lenders as additional insureds. The minimum limit of coverage of the aforesaid policy shall be in the amount of not less than Three Million Dollars ($3,000,000) for injury or death of one person in any one accident or occurrence and in the amount of not less than Three Million Dollars ($3,000,000) for injury or death of more than one person in any one accident or occurrence, and shall contain a severability of interest clause or a cross liability endorsement. Such insurance shall further insure Landlord and Tenant against liability for property damage of at least One Million Dollars ($1,000,000).
Appears in 1 contract
Samples: Lease Agreement (Verisign Inc/Ca)
Tenant Improvement Construction. 13.1. All Tenant Improvements to be constructed or installed in the Premises shall be performed by Contractor a general contractor selected and engaged by Tenant (and approved by Landlord) and in accordance with the Approved Plans, Plans (subject to such changes as may be required by any changes agreed to by Landlord and Tenant governmental agency). Existing improvements in writing. Landlord shall have no obligation to Tenant for defects the Premises, if any, may be used or incorporated in design, workmanship or materials in connection with the Tenant ImprovementsImprovements on a strictly AS IS and with all faults basis and without warranty of any kind, express or implied. Any changes Tenant shall not be required to commence work until the Approved Plans are filed with the governmental agencies having jurisdiction thereof and all required building permits have been obtained. Tenant may cause the Approved Plans to be changed as may be required by any governmental agency, or as may be required due to structural or unanticipated field conditions following notice to and approval by Landlord.
3.2. If Tenant desires any change in the Approved Plans or any work in addition to the Tenant Improvements as described in the Approved Plans ("Additional Tenant Work"), Tenant, at Tenant's expense, shall require the written cause plans and specifications for such work to be prepared either by arranging therefor with Space Planner or with consultants of Tenant's own selection with prior approval of Landlord. All plans and specifications for Additional Tenant Work shall be subject to review and approval by Landlord and Tenant, (which approval shall not be unreasonably delayed or withheld) to insure, conditioned among other things, that the work is compatible with all other construction and all electrical and mechanical systems within the Building. Any time consumed for changes to the Additional Tenant Work, or delayed. All such changes must be evidenced by a written change order executed by Landlord and Tenant or their respective representatives describing the change required in the Approved Plansdelays relating thereto, and the cost of such changes shall be paid in accordance with considered a Tenant Delay and shall not delay the terms Commencement Date of this Exhibit B.
2the Lease. Tenant shall cause Contractor pay to construct Landlord upon demand all costs actually and reasonably incurred by Landlord in connection with Landlord's review and processing of Tenant's change request (including, without limitation, space planners, architects, engineers), regardless of whether the requested change is ultimately approved by Landlord.
3.3. All work to be performed by Tenant Improvements and its contractors in a manner designed to avoid interference connection with the construction of the Base Building ImprovementsTenant Improvements shall be performed in a good and workmanlike manner. Landlord and Promptly upon its receipt of written request form Landlord, Tenant shall each use good faith efforts provide Landlord with certificates of insurance evidencing that Tenant's contractors performing the Tenant Improvement work are covered by liability insurance, with carriers and in amounts reasonably acceptable to reasonably resolve Landlord, and with Landlord named as an additional insured. Tenant shall promptly upon execution of any issues or conflicts that may arise during the course of constructing construction contract relating to the Tenant Improvements and the Base Building Improvementsdeliver to Landlord a fully executed copy of such contract.
3.4. Entry by Contractor in accordance with this Exhibit B Landlord shall not constitute Tenant’s occupancy deliver possession of the Premises under Paragraph 3 to Tenant on the business day following such time as (i) this Lease is fully executed by the parties, (ii) Tenant has delivered to Landlord Base Rent for month one, the Security Deposit and Letter of Credit, and such certificates of insurance as Landlord deems reasonably appropriate to evidence Tenant's coverage as required by the Lease. Any such entry by Tenant or its contractors or subcontractors shall be subject to all of the Lease; however, Tenant shall comply with all applicable terms and conditions of the Lease (excluding onlyexcept the payment of rental and other charges, prior to which shall commence on the Commencement Date, the obligation to pay Rent) during Contractor’s occupancy of and work within the Premises.
3.5. Tenant shall be responsible reimburse Landlord for maintaining harmonious labor relations with all contractors and service providers servicing the Premises.
3. In addition to and without limitation on the requirements set forth in the Lease, Tenant shall ensure that Contractor any and all subcontractor(s) procure and maintain in full force and effect during the course expenses incurred by Landlord by reason of faulty construction a “broad form” commercial general liability and property work by Tenant, damage policy of insurance naming, Landlord, Tenant and Landlord’s lenders as additional insureds. The minimum limit of coverage to any portion of the aforesaid policy shall be in the amount of not less than Three Million Dollars ($3,000,000) for injury Building caused by Tenant's contractor or death of one person in any one accident or occurrence and in the amount of not less than Three Million Dollars ($3,000,000) for injury or death of more than one person in any one accident or occurrencecontractors, and shall contain a severability delays caused by such work or as the result of interest clause or a cross liability endorsement. Such insurance shall further insure Landlord and Tenant against liability for property damage of at least One Million Dollars ($1,000,000)inadequate clean-up.
Appears in 1 contract
Samples: Lease (McAfee Com Corp)
Tenant Improvement Construction. 1. 3.1 All Tenant Improvements to be constructed or installed in the Premises shall be performed by Contractor Devcon Incorporated (“Devcon”) and in accordance with the Approved Plans, Plans (subject to such changes as may be required by any changes agreed governmental agency). The fee payable to Devcon shall not exceed 3% of “hard” construction costs (those items listed in Paragraph 1 (v) and (vi) under Cost of Improvements). Devcon shall cause all major trades to be competitively bid to at least two qualified subcontractors reasonably designated by Landlord and Landlord, provided Tenant in writing. Landlord shall have no obligation to Tenant for defects in design, workmanship or materials in connection with approve the Tenant Improvements. Any changes to major subcontractors bidding on the Approved Plans shall require the written approval of Landlord and Tenantwork, which approval shall not be unreasonably withheld, conditioned or delayed. All Tenant shall have the right to reasonable verification of the Cost of Improvements. Existing improvements in the Premises, if any, may be used or incorporated in the Tenant Improvements on a strictly AS IS and with all faults basis and without warranty of any kind, express or implied. Landlord shall not be required to commence work until the Approved Plans are filed with the governmental agencies having jurisdiction thereof and all required building permits have been obtained. Landlord may cause the Approved Plans to be changed as may be required by any governmental agency, or as may be required due to structural or unanticipated field conditions. Landlord shall notify Tenant concerning any such changes must promptly after Landlord becomes aware that they are required, and shall obtain Tenant’s approval before authorizing any material changes.
3.2 Tenant hereby acknowledges that Landlord will be evidenced by a written change order executed by Landlord constructing the Tenant Improvements during Tenant’s occupancy of the Premises, and Tenant hereby waives any claim of disturbance, interference or their respective representatives describing any claim for abatement of rent arising from Landlord performing such work. Landlord shall make all reasonable efforts to minimize any disturbance to Tenant as a result of such work.
3.3 If Tenant desires any change in the change required Approved Plans or any work in addition to the Tenant Improvements in accordance with the Approved Plans to be performed in the Premises (“Additional Tenant Work”), such proposed work shall be presented to Landlord for incorporation into the Approved Plans, and the cost of such changes associated costs shall be paid included within the Cost of Improvements. All plans and specifications for Additional Tenant Work shall be subject to review and approval by Landlord (which shall not be unreasonably delayed or withheld) to insure, among other things, that the work is compatible with all other construction and all electrical and mechanical systems within the Building. Upon such written request and approval of same by Landlord, which shall be granted or withheld within five (5) Business days from the date of receipt, Landlord shall submit to Tenant, for approval, a field order describing the change, a cost proposal and a Tenant Improvement Construction Schedule Adjustment. Tenant shall approve or disapprove the change order, in writing, within five (5) Business days following receipt thereof. Landlord may refuse to make any changes (and proceed with the work in accordance with the terms Approved Plans) until Tenant so approves in writing the description of this Exhibit B.the change, the cost proposal and a Tenant Improvement Construction Schedule Adjustment. If Tenant does not approve the change order, then Landlord may elect to withdraw the change request on Tenant’s behalf.
23.4 So long as no Event of Default has occurred and is continuing under the Lease, Landlord shall contribute the Tenant Allowance towards the Cost of Improvements. If an Event of Default shall exist on the date disbursements of the Tenant Allowance or Tenant Improvement Loan are otherwise payable, and without limiting Landlord’s rights and remedies under Paragraph 18 of the Lease, Landlord shall be entitled to withhold payment thereof until such Event of Default is cured. The Tenant Allowance shall be applied only for designing and building improvements to the Premises, including architectural and engineering fees, construction of interior improvements, finishes, upgrades to the security system, power and HVAC systems, construction of exterior improvements for a new main entrance for the Premises, permit fees and the Construction Fee, and not for furniture costs or any other cost or expense. If the Cost of Improvements and related fees and costs exceeds the Tenant Allowance and the amount of the Tenant Improvement Loan requested by Tenant, then Tenant shall reimburse Landlord for such excess within ten (10) Business days after demand. If Landlord completes the Tenant Improvements without spending the entire Tenant Allowance and Tenant Improvement Loan, Tenant may use any remaining Tenant Allowance and Tenant Improvement Loan within the first twenty-four (24) months of the Lease Term. If Tenant does not use the entire Tenant Allowance during that period, then all of such savings shall be for Landlord’s benefit, and Tenant shall have no right to any rebate, credit or reimbursement for any portion of such savings.
3.5 So long as no Event of Default has occurred and is continuing under the Lease, Landlord shall advance to Tenant, at Tenant’s option, the Tenant Improvement Loan to cover the Cost of Improvements and the Construction Fee in excess of the Tenant Allowance. Any and all EXHIBIT C, PAGE 3 amounts advanced to Tenant by Landlord as a Tenant Improvement Loan shall accrue interest at a rate of nine percent (9%) per annum from the date of the advance and shall be amortized in equal payments (“Tenant Improvement Loan Repayments”), calculated as of the first day of the calendar month in which the Tenant Improvement Loan is advanced through the end of the initial Lease Term. Tenant shall remit Tenant Improvement Loan Repayments together with monthly Base Rent for the remainder of the initial Lease Term. Any and all repayments shall be applied first to unpaid interest and thereafter to principal. If this Lease is terminated for any reason prior to the expiration of the initial Term, then the remaining balance shall be payable in full on the last day of the Term.
3.6 The Tenant Allowance and Tenant Improvement Loan shall only be available with respect to any Tenant Improvements constructed by Landlord or Tenant prior to February 15, 2011, subject to force majeure and Landlord delays in completion of construction.
3.7 Landlord shall cause Contractor to construct the Tenant Improvements to be constructed in a manner designed to avoid interference with the construction good and workmanlike manner, free of the Base Building Improvements. Landlord defects and Tenant shall each use good faith efforts to reasonably resolve any issues or conflicts that may arise during the course of constructing the Tenant Improvements and the Base Building Improvements. Entry by Contractor in accordance with this Exhibit B shall not constitute Tenant’s occupancy of the Premises under Paragraph 3 of the Lease; however, Tenant shall comply compliance with all terms and conditions of the Lease (excluding only, prior to the Commencement Date, the obligation to pay Rent) during Contractor’s occupancy of and work within the Premises. Tenant shall be responsible for maintaining harmonious labor relations with all contractors and service providers servicing the Premiseslaws.
3. In addition to and without limitation on the requirements set forth in the Lease, Tenant shall ensure that Contractor and all subcontractor(s) procure and maintain in full force and effect during the course of construction a “broad form” commercial general liability and property damage policy of insurance naming, Landlord, Tenant and Landlord’s lenders as additional insureds. The minimum limit of coverage of the aforesaid policy shall be in the amount of not less than Three Million Dollars ($3,000,000) for injury or death of one person in any one accident or occurrence and in the amount of not less than Three Million Dollars ($3,000,000) for injury or death of more than one person in any one accident or occurrence, and shall contain a severability of interest clause or a cross liability endorsement. Such insurance shall further insure Landlord and Tenant against liability for property damage of at least One Million Dollars ($1,000,000).
Appears in 1 contract
Samples: Lease Agreement (Calix Networks Inc)
Tenant Improvement Construction. 1. All Landlord shall cause the improvements to the interior of the Premises (“Tenant Improvements Improvements”) to be constructed or installed in by Landlord’s affiliated construction company, Sobrato Construction Corporation (the Premises shall be performed by Contractor “General Contractor”), in accordance with plans and outline specifications to be attached as Exhibit “C” (“Tenant Improvement Plans and Specifications”) and to be completed approximately one hundred twenty (120) days following the Approved Planssurrender of the Premises by Advanced Medical Optics, subject Inc. (“AMO”), but in any event no later than December 1, 2008. For purposes of this Lease, the Tenant Improvements Plans and Specifications shall be prepared, at Tenant’s expense by an architect selected by Tenant (“Tenant’s Architect”). The Tenant Improvement Plans and Specifications shall be completed for all aspects of the work by April 1, 2008 with all detail necessary for submittal to the city for issuance of building permits and for construction and shall include any information required by the relevant agencies regarding Tenant’s use of Hazardous Materials if applicable. The materials and finishes utilized in construction of the Tenant Improvements shall be consistent in quality with those of the Project in the reasonable opinion of Landlord. Subject to any changes agreed event of Force Majeure, Tenant shall not have the right to by Landlord and Tenant in writing. Landlord shall have no obligation to Tenant for defects in design, workmanship or materials in connection with delay the completion of the Tenant ImprovementsImprovement Plans and Specifications. Any changes to the Approved The Tenant Improvement Plans shall require the written approval of Landlord and Tenant, which approval shall not be unreasonably withheld, conditioned or delayed. All such changes must be evidenced by a written change order executed by Landlord and Tenant or their respective representatives describing the change required in the Approved Plans, and the cost of such changes Specifications shall be paid prepared in accordance with sufficient detail to allow the terms of this Exhibit B.
2. Tenant shall cause General Contractor to construct the Tenant Improvements. The Tenant Improvements in a manner designed to avoid interference shall not be removed or altered by Tenant without the prior written consent of Landlord. Upon expiration of the Lease Term or any earlier termination of the Lease, the Tenant Improvements shall become the property of Landlord and shall remain upon and be surrendered with the construction of the Base Building ImprovementsPremises, and title thereto shall automatically vest in Landlord without any payment therefore. Landlord and Tenant shall each use good faith its best efforts to reasonably resolve any issues or conflicts that may arise during obtain a building permit from the course City of constructing Santa Cxxxx for the Tenant Improvements and thereafter to cause the Base Building General Contractor to substantially complete the Tenant Improvements. Entry by Contractor The Tenant Improvements shall be deemed substantially complete when (i) the Tenant Improvements have both been substantially completed in accordance with this Exhibit B the Tenant Improvement Plans and Specifications, as evidenced by the issuance of a certificate of occupancy or its equivalent by the appropriate governmental authority, and (ii) Tenant’s Architect has certified that the Tenant Improvements has been completed in accordance with the Tenant Improvement Plans and Specifications. Installation of (i) Tenant’s data and phone cabling, (ii) Tenant’s furniture, or (iii) the exterior landscaping shall not constitute Tenant’s occupancy of be required in order to deem the Premises under Paragraph 3 of the Lease; however, Tenant shall comply with all terms and conditions of the Lease (excluding only, prior to the Commencement Date, the obligation to pay Rent) during Contractor’s occupancy of and work within the Premises. Tenant shall be responsible for maintaining harmonious labor relations with all contractors and service providers servicing the PremisesImprovements Substantially Complete.
3. In addition to and without limitation on the requirements set forth in the Lease, Tenant shall ensure that Contractor and all subcontractor(s) procure and maintain in full force and effect during the course of construction a “broad form” commercial general liability and property damage policy of insurance naming, Landlord, Tenant and Landlord’s lenders as additional insureds. The minimum limit of coverage of the aforesaid policy shall be in the amount of not less than Three Million Dollars ($3,000,000) for injury or death of one person in any one accident or occurrence and in the amount of not less than Three Million Dollars ($3,000,000) for injury or death of more than one person in any one accident or occurrence, and shall contain a severability of interest clause or a cross liability endorsement. Such insurance shall further insure Landlord and Tenant against liability for property damage of at least One Million Dollars ($1,000,000).
Appears in 1 contract
Samples: Lease Agreement (Xenoport Inc)
Tenant Improvement Construction. 1. All (a) Tenant shall be solely responsible for the construction, installation and completion of the Tenant Improvements to be constructed or installed in the Premises shall be performed by Contractor in accordance with the Approved Plans, subject to any changes agreed to Final Tenant Improvement Plans and Specifications approved by Landlord and Tenant is solely responsible for the payment of all amounts when payable in writing. Landlord shall have no connection therewith without any cost or expense to Landlord, except for Landlord's obligation to contribute the Tenant for defects in design, workmanship or materials in connection Improvement Allowance. Tenant shall diligently proceed with the construction, installation and completion of the Tenant Improvements. Any changes to the Approved Plans shall require the written approval of Landlord and Tenant, which approval shall not be unreasonably withheld, conditioned or delayed. All such changes must be evidenced by a written change order executed by Landlord and Tenant or their respective representatives describing the change required in the Approved Plans, and the cost of such changes shall be paid Improvements in accordance with the terms of this Exhibit B.Final Tenant Improvement Plans and Specifications and the completion schedule approved by Landlord. No material changes shall be made to the Final Tenant Improvement Plans and Specifications and the completion schedule approved by Landlord without Landlord's prior written consent. EXHIBIT "C" -----------
2. (b) Tenant at its sole cost and expense shall cause Contractor employ a reputable general contractor ("Contractor") to construct the Tenant Improvements in a manner designed to avoid interference accordance with the Final Tenant Improvement Plans and Specifications. The Contractor selected by Tenant shall be subject to the written approval of Landlord, which approval Landlord shall not unreasonably withhold. The construction contracts between Tenant and the Contractor shall be subject to Landlord's prior written approval, which approval Landlord shall not unreasonably withhold. Proof that the Contractor is licensed in California, is bonded, and has insurance coverage typically carried by a reputable general contractor in the State of California shall be provided to Landlord at the time that Tenant requests approval of the Base Building Contractor from Landlord. The name of all Subcontractors (hereafter defined in Subparagraph 6(b) of this Work Letter Agreement) hired by the Contractor, together with proof they are licensed in California, are bonded, and have insurance typically carried by reputable subcontractors in the State of California, shall be provided to Landlord as each separate Subcontractor is hired.
(c) Prior to the commencement of the construction and installation of the Tenant Improvements. Landlord and , Tenant shall each use good faith efforts provide the following to reasonably resolve any issues the Landlord, all of which shall be to the Landlord's reasonable satisfaction:
(i) An estimated budget and cost breakdown for the Tenant Improvements.
(ii) Estimated completion schedule for the Tenant Improvements.
(iii) Copies of all required approvals and permits from governmental agencies having jurisdiction or conflicts that may arise during authority for the course construction and installation of constructing the Tenant Improvements.
(d) Landlord shall at all times have a right to inspect the Tenant Improvements and Tenant shall immediately cease work upon written notice from the Base Building ImprovementsLandlord if the Tenant Improvements are not in compliance with the Final Tenant Improvement Plans and Specifications approved by Landlord. Entry If Landlord shall give notice of faulty construction or any other deviation from the Final Tenant Improvement Plans and Specifications, Tenant shall cause Contractor to make corrections promptly. However, neither the privilege herein granted to Landlord to make such inspections, nor the making of such inspections by Contractor Landlord, shall operate as a waiver of any rights of Landlord to require good and workmanlike construction and improvements constructed in accordance with this Exhibit B shall not constitute Tenant’s occupancy of the Premises under Paragraph 3 of the Lease; however, Final Tenant shall comply with all terms Improvement Plans and conditions of the Lease (excluding only, prior to the Commencement Date, the obligation to pay Rent) during Contractor’s occupancy of and work within the Premises. Tenant shall be responsible for maintaining harmonious labor relations with all contractors and service providers servicing the PremisesSpecifications.
3. In addition to and without limitation on the requirements set forth in the Lease, Tenant shall ensure that Contractor and all subcontractor(s) procure and maintain in full force and effect during the course of construction a “broad form” commercial general liability and property damage policy of insurance naming, Landlord, Tenant and Landlord’s lenders as additional insureds. The minimum limit of coverage of the aforesaid policy shall be in the amount of not less than Three Million Dollars ($3,000,000) for injury or death of one person in any one accident or occurrence and in the amount of not less than Three Million Dollars ($3,000,000) for injury or death of more than one person in any one accident or occurrence, and shall contain a severability of interest clause or a cross liability endorsement. Such insurance shall further insure Landlord and Tenant against liability for property damage of at least One Million Dollars ($1,000,000).
Appears in 1 contract
Tenant Improvement Construction. (1. ) All Tenant Improvements to be constructed or installed in the Premises shall be performed by Tenant's Contractor in accordance with the Approved Plans, subject to any changes agreed to by Landlord and Tenant in writing. Landlord shall have no obligation to Tenant for defects in design, workmanship or materials in connection with the Tenant Improvements. Any changes to the Approved Plans shall require the written approval of Landlord and Tenant, which approval shall not be unreasonably withheld, conditioned or delayed. All such changes must be evidenced by a written change order executed by Landlord and Tenant or their respective representatives agent describing the change required in the Approved Plans, and the cost of such changes shall be paid in accordance with the terms of this Exhibit B.
(2. Tenant ) Landlord shall cause Contractor to construct coordinate construction of the Tenant Improvements in a manner designed to avoid interference by Tenant's Contractor with the construction of the Base Building Improvements by Landlord's Contractor in the most efficient manner reasonably possible for the timely completion of the Base Building Improvements and the Tenant Improvements. Landlord agrees to allow Tenant's Contractor access to the
(3) Premises on or before the date to that is [...***...] days prior to the Estimated Commencement Date (or such later date as may be reasonably designated by Landlord) for the purpose of constructing the Tenant Improvements. Landlord and Tenant shall each use good faith efforts to reasonably resolve any issues or conflicts that may arise during the course of constructing the Tenant Improvements and the Base Building Improvements. Entry by Tenant's Contractor in accordance with this Exhibit B provision shall not constitute Tenant’s 's occupancy of the Premises under Paragraph 3 of the Lease; however, Tenant shall comply with all terms and conditions of the Lease (excluding only, prior shall apply to the Commencement Date, the obligation to pay Rent) during Tenant's Contractor’s 's occupancy of and work within the Premises. Tenant shall be responsible for maintaining harmonious labor relations with all contractors and service providers servicing the Premises.
3. In addition to and without limitation on the requirements set forth in the Lease, Tenant shall ensure that Contractor and all subcontractor(s) procure and maintain in full force and effect during the course of construction a “broad form” commercial general liability and property damage policy of insurance naming, Landlord, Tenant and Landlord’s lenders as additional insureds. The minimum limit of coverage of the aforesaid policy shall be in the amount of not less than Three Million Dollars ($3,000,000) for injury or death of one person in any one accident or occurrence and in the amount of not less than Three Million Dollars ($3,000,000) for injury or death of more than one person in any one accident or occurrence, and shall contain a severability of interest clause or a cross liability endorsement. Such insurance shall further insure Landlord and Tenant against liability for property damage of at least One Million Dollars ($1,000,000).
Appears in 1 contract
