Tenant Improvement Work. Subject to Paragraph 4 below and to the attached Exhibit B and further subject to compliance by Landlord with its repair and maintenance obligations in the Lease, Tenant accepts the Must-Take CB Space for the Term in its “AS-IS” condition. Tenant acknowledges that (a) no representations, express or implied, regarding the condition of the Must- Take CB Space have been made by Landlord to Tenant; all implied warranties with respect to the Must-Take CB Space, including but not limited to those of merchantability and fitness for a particular purpose, are expressly negated and waived, and (b) Landlord shall not be required to perform any demolition work or tenant finish work in the Premises or to provide any allowances therefor, except as expressly set forth in Paragraph 4 below and in the attached Exhibit B. Tenant shall be responsible for performance of any Tenant required improvement work to the Must-Take CB Space on the terms of the attached Exhibit B. Tenant shall be allowed early entry into the Must-Take CB Space for the performance of the TI Work (as defined in Exhibit B) provided that such early entry shall not interfere with or delay the progress of Landlord’s Work (as defined in Paragraph 4 below). If Substantial Completion (as defined in Exhibit B) of the TI Work occurs prior to August 1, 2010, then provided that Tenant has given to Landlord a copy of Tenant’s certificate of occupancy for Suite 160 (to include the Must-Take CB Space), Tenant shall be allowed early entry, use and occupancy of the Must-Take CB Space for the commencement of business therefrom subject to all the provisions of the Lease including the insurance requirements in Article 11 of the Lease, but excluding liability to pay rent during such early entry period, other than payment by Tenant of utility costs including electric costs associated with the Must-Take CB Space). Said early possession shall not advance the scheduled Lease Term expiration date of October 31, 2013.
Appears in 2 contracts
Samples: Lease Agreement (Reata Pharmaceuticals Inc), Lease (Reata Pharmaceuticals Inc)
Tenant Improvement Work. Subject (1) Tenant shall submit to Paragraph 4 below Landlord for ----------------------- Landlord's approval a space plan for the build-out of the Premises ("Tenant's -------- Space Plans"), by the respective date(s) for each phase shown on the ----------- construction schedule set forth in Exhibit E-1 hereto, prepared by Tenant's ----------- architect showing the interior layout of the Premises and its integration with Building systems, core areas and the building shell improvements in sufficient detail to permit Landlord a reasonable opportunity to review and provide preliminary approval or comments regarding Tenant's proposed interior design. Landlord shall review and approve or disapprove of Tenant's Space Plans as to the First Phase Premises and Second Phase Premises by the date set forth on the attached construction schedule set forth in Exhibit B and further subject to compliance by Landlord with its repair and maintenance obligations in the LeaseE-1 hereto, Tenant accepts the Must-Take CB Space for the Term in its “AS-IS” condition. Tenant acknowledges that (a) no representations, express or implied, regarding the condition of the Must- Take CB Space have been made by Landlord to Tenant; all implied warranties with respect to the Must-Take CB Space, including but not limited to those of merchantability and fitness for a particular purpose, are expressly negated and waived, and (b) Landlord which approval ----------- shall not be unreasonably withheld, conditioned or delayed, except or to the extent such plans affect the structure of the Building or the Building's systems, in which case, Landlord may withhold such approval in its sole discretion. Landlord shall endeavor to adhere to a similar construction schedule, review periods and level of cooperation with Tenant as to the planning, approving and completion of the Third Phase Premises thereafter. If Landlord disapproves, either in whole or in part, of Tenant's Space Plans, Landlord shall provide to Tenant with reasonable specificity Landlord's reasons for its disapproval, which shall be commercially reasonable to the extent required to perform any demolition work or tenant finish work in the Premises or to provide any allowances therefor, except as expressly set forth in Paragraph 4 below and in the attached Exhibit B. preceding sentence. Tenant shall promptly correct or otherwise address all disapproved items identified by Landlord. The work shown in Tenant's Space Plans shall be responsible for performance of any deemed "Tenant required improvement work Improvement Work."
(2) Landlord ----------------------- and Tenant hereby covenant and agree that Rent pursuant to the Must-Take CB Space on the terms Lease shall commence for each phase of the attached Exhibit B. construction upon substantial completion of all Tenant shall be allowed early entry into the Must-Take CB Space for the performance of the TI Improvement Work ("Substantial Completion") as defined in Exhibit B) provided that such early entry shall not interfere with or delay the progress of Landlord’s Work (as defined in Paragraph 4 below). If Substantial Completion (as defined in Exhibit B) of the TI Work occurs prior pursuant to August 1, 2010, then provided that Tenant has given to Landlord a copy of Tenant’s certificate of occupancy for Suite 160 (to include the Must-Take CB Space), Tenant shall be allowed early entry, use and occupancy of the Must-Take CB Space for the commencement of business therefrom subject to all the provisions of the Lease including the insurance requirements in Article 11 of the Lease, but excluding liability to pay rent during such early entry period, other than payment by Tenant of utility costs including electric costs associated with the Must-Take CB Space). Said early possession shall not advance the scheduled Lease Term expiration date of October 31, 2013.---------------------- Section
Appears in 2 contracts
Samples: Lease Agreement (Network Access Solutions Corp), Lease Agreement (Network Access Solutions Corp)
Tenant Improvement Work. Subject to Paragraph 4 below and Landlord shall provide Tenant with a tenant improvement allowance in the amount of FIVE AND NO/100 DOLLARS ($5.00) per usable square foot (the "Tenant Improvement Allowance") for work in preparing the Leased Premises for Tenant's use ("Tenant Work"). In determining the number of useable square feet applicable to the attached Exhibit B Leased Premises for purposes of calculating the Tenant Improvement Allowance, the Landlord shall utilize the definition of usable square feet established by BOMA. A portion of the Tenant Improvement Allowance may be used for design fees at Landlord's discretion. The Tenant Improvement Allowance shall be disbursed by the Landlord in accordance with Landlord's requirements. The Tenant Improvement Allowance shall be used solely for the costs of Leasehold Improvements, and further subject to compliance no portion of the Tenant Improvement Allowance shall be used for furniture, personal property, working capital or any other purposes. Items constituting "Leasehold Improvements" shall be determined by Landlord with its repair and maintenance obligations may include, but shall not be limited to, all interior demising walls, flooring, electrical materials and equipment, mechanical, plumbing and life-safety equipment in the LeasePremises. Any costs and expenses of the Tenant Work that exceed or are not covered by the Tenant Improvement Allowance ("Excess Costs") shall be the responsibility of and shall be paid by Tenant. In order to ensure a consistent and attractive appearance of the Building, Landlord may provide window treatments that Tenant accepts shall use in the Must-Take CB Space Leased Premises, but the costs for said window treatments shall be paid from the Term Tenant Improvement Allowance. Tenant shall cooperate with Landlord in developing plans for Tenant Work, but all Tenant Work shall be designed, performed and/or constructed by architects, engineers, contractors and/or other appropriate persons or entities chosen, hired, engaged or employed by Landlord, unless Landlord elects, in its “AS-IS” conditiondiscretion, to permit the Tenant itself to complete the Tenant Work. Any dispute with respect to Tenant acknowledges that (a) no representations, express or implied, regarding the condition of the Must- Take CB Space have been made Work shall be conclusively resolved by an architect chosen by Landlord to Tenant; all implied warranties with respect Landlord's satisfaction. Upon Landlord's request the details of and specific requirements relating to the Must-Take CB Space, including but not limited to those of merchantability and fitness for a particular purpose, are expressly negated and waived, and (b) Landlord Tenant Work shall not be required to perform any demolition work or tenant finish work in the Premises or to provide any allowances therefor, except as expressly more fully set forth in Paragraph 4 below and in the attached Exhibit B. Tenant a work letter on Landlord's customary forum which shall be responsible for performance of any Tenant required improvement work to the Must-Take CB Space on the terms of the attached Exhibit B. Tenant shall be allowed early entry into the Must-Take CB Space for the performance of the TI Work (as defined in Exhibit B) provided that such early entry shall not interfere with or delay the progress of Landlord’s Work (as defined in Paragraph 4 below). If Substantial Completion (as defined in Exhibit B) of the TI Work occurs prior to August 1, 2010, then provided that Tenant has given to executed by Landlord a copy of and Tenant’s certificate of occupancy for Suite 160 (to include the Must-Take CB Space), Tenant shall be allowed early entry, use and occupancy of the Must-Take CB Space for the commencement of business therefrom subject to all the provisions of the Lease including the insurance requirements in Article 11 of the Lease, but excluding liability to pay rent during such early entry period, other than payment by Tenant of utility costs including electric costs associated with the Must-Take CB Space). Said early possession shall not advance the scheduled Lease Term expiration date of October 31, 2013.
Appears in 1 contract
Tenant Improvement Work. Subject Tenant shall be solely responsible for managing the Tenant Design Work in accordance with the provisions of this Section 4.3(B). Tenant shall cause Tenant’s Architect to Paragraph 4 below prepare Tenant Plans for the Tenant Improvement Work. Landlord shall obtain a LEED certification of the Property and Xxxxxx agrees to design the Tenant Improvement Work in a manner which is consistent with obtaining the Required LEED Certification. Tenant shall submit to Landlord for Landlord’s approval the following plans on or before the applicable Tenant’s Plan Submission Dates set forth in Exhibit B-2 (subject to Force Majeure and Landlord Delay, as defined in Section 4.4): an initial set of schematic design plans (“Tenant Schematic Plans”), a set of design development plans (“Tenant DD Plans”) and a full set of construction drawings (as said construction drawings may thereafter be modified by any Change Orders which are approved by Landlord and Tenant, the “Tenant Construction Plans”) for Tenant Improvement Work (collectively, the “Tenant Plans”). The Tenant Construction Plans shall contain at least the information required by, and shall conform to the attached requirements of, Exhibit B and further subject to compliance by B-1. Landlord with shall not unreasonably withhold or delay its repair and maintenance obligations in the Lease, Tenant accepts the Must-Take CB Space for the Term in its “AS-IS” condition. Tenant acknowledges that (a) no representations, express or implied, regarding the condition approval of the Must- Take CB Space have been made by Landlord to Tenant; all implied warranties Tenant Schematic Plans, the Tenant DD Plans, or the Tenant Construction Plans, except that the standard for Landlord’s approval with respect to aesthetic matters relating to elements shown on the MustTenant Plans which are visible outside the Premises shall be Landlord’s bona fide business judgment. Landlord shall, in good faith, advise Tenant of any Long-Take CB SpaceLead Items at the time that Landlord approves any Tenant Plans showing such Long-Lead Items. Xxxxxxxx agrees to respond in writing to any Tenant Schematic Plans, including but not limited Tenant DD Plans or Tenant Construction Plans within the following time periods: Tenant Schematic Plans: Fifteen (15) business days from receipt by Landlord Tenant DD Plans: Twenty (20) business days from receipt by Landlord Tenant Construction Plans: Twenty-five (25) business days from receipt by Landlord Landlord will use reasonable efforts to those of merchantability and fitness for a particular purposeidentify any material changes that Landlord will require to the applicable Tenant Plans as soon as possible during the aforesaid review periods, are expressly negated and waived, and (b) Landlord provided that Landlord’s failure to do so shall not be required deemed to perform any demolition work or tenant finish work in the Premises or to provide any allowances therefor, except as expressly set forth in Paragraph 4 below and in the attached Exhibit B. Tenant shall be responsible for performance of any Tenant required improvement work to the Must-Take CB Space on the terms of the attached Exhibit B. Tenant shall be allowed early entry into the Must-Take CB Space for the performance of the TI Work a Landlord Delay (as defined in Exhibit BSection 4.4(H) provided that such early entry shall not interfere with or delay the progress of Landlord’s Work (as defined in Paragraph 4 below). If Substantial Completion (as defined in Exhibit B) of the TI Work occurs prior to August 1, 2010, then provided that Tenant has given to Landlord a copy of Tenant’s certificate of occupancy for Suite 160 (to include the Must-Take CB Space), Tenant shall be allowed early entry, use and occupancy of the Must-Take CB Space for the commencement of business therefrom subject to all the provisions of the Lease including the insurance requirements in Article 11 of the Lease, but excluding liability to pay rent during such early entry period, other than payment by Tenant of utility costs including electric costs associated with the Must-Take CB Space). Said early possession shall not advance the scheduled Lease Term expiration date of October 31, 2013.
Appears in 1 contract
Tenant Improvement Work. Subject Following the Commencement Date, Tenant shall commence to Paragraph 4 below install Tenant's Equipment and other improvements on the Premises in accordance with the plans and specifications dated , prepared by , Tenant's architect or engineer which have been approved by Authority (such work is called the "Tenant Improvement Work" or "Tenant Improvements" and such plans and specifications are called the "Approved Plans"). A copy of the Approved Plans is attached hereto as Exhibit C. The Approved Plans may be altered, subject to the attached Exhibit B prior written and reasonable approval of Authority, if required in order for Tenant to obtain any permits or approvals necessary for construction of the Tenant Improvements. Tenant shall be responsible, at its cost, for performing the Tenant Improvement Work in accordance with the Approved Plans and otherwise in compliance with the standards contained in Section 8.1 (Tenant's Alterations). Tenant shall further subject be responsible, at its cost, for obtaining all permits and licenses required in connection with the Tenant Improvements and satisfy any conditions or mitigation measures approved in connection therewith. No Tenant Improvement Work shall commence until Tenant has first obtained all necessary permits and approvals for Tenant to compliance by Landlord with its repair be legally entitled to construct the Tenant Improvements and maintenance obligations in the Leasehas provided a copy of those permits and approvals to SFMTA. Tenant shall not: (i) alter, Tenant accepts the Must-Take CB Space replace, modify, or add to any of Tenant’s Equipment, or (ii) make a request to City’s Planning Department for the Term any zoning, design and environmental approvals needed from City, in its regulatory capacity, for such proposed modifications (“AS-IS” conditionPlanning Department Approvals”), without Authority’s prior written consent, which may be withheld or conditioned in Authority’s sole discretion. Tenant acknowledges that (a) no representations, express or implied, regarding the condition Authority’s approval of any proposed modification of the Must- Take CB Space have been made Tenant Equipment requested by Landlord Tenant pursuant to Tenant; all implied warranties with respect this Lease may be conditioned on, among other requirements, changes to improve the design or reduce the impact of the proposed modifications to the Must-Take CB Space, including but not limited to those of merchantability and fitness for a particular purpose, are expressly negated and waivedsurrounding environment, and (b) Landlord shall not be required conditioned on written evidence that City’s Planning Department has granted the Planning Department Approvals for such proposed modification. If Tenant wishes to perform make any demolition work exchange or tenant finish work replacement of Tenant’s Equipment within the Premises that requires Authority’s written consent, Authority shall have the right to condition its approval of such requested exchange or replacement on and increase in the Base Rent, in accordance with the Equipment Schedule attached hereto as Exhibit E and incorporated herein by this reference. Tenant acknowledges that Authority shall have the sole discretion in deciding whether to approve any proposed addition to the Tenant’s Equipment within the Premises or to provide any allowances therefor, except as expressly set forth in Paragraph 4 below and in the attached Exhibit B. Tenant shall be responsible for performance of any Tenant required improvement work to the Must-Take CB Space on the terms proposed exchange or replacement of the attached Exhibit B. Tenant shall be allowed early entry into the Must-Take CB Space for the performance Tenant’s Equipment that would result in any expansion of the TI Work (as defined Premises, including the right to condition such approval on an increase in Exhibit B) provided that such early entry shall not interfere with Base Rent. Notwithstanding the foregoing, Tenant may perform any maintenance, repairs, like-for-like exchanges or delay the progress of Landlord’s Work (as defined in Paragraph 4 below). If Substantial Completion (as defined in Exhibit B) of the TI Work occurs prior to August 1, 2010, then provided that Tenant has given to Landlord a copy similar replacements of Tenant’s certificate Equipment and may make modifications within the interior of occupancy for Suite 160 any of Tenant’s Equipment without prior approval of Authority so long as the like-for-like exchanges or similar replacements of Tenant’s Equipment do not pose any greater danger to the Building than the Tenant’s Equipment to be so exchanged or replaced, will comply with Section 12.3 (to include the Must-Take CB SpaceFloor Load), and Tenant shall be allowed early entryobtains all regulatory approvals required for such exchanges, use and occupancy of the Must-Take CB Space for the commencement of business therefrom subject to all the provisions of the Lease including the insurance requirements in Article 11 of the Leasereplacement, but excluding liability to pay rent during such early entry period, other than payment by Tenant of utility costs including electric costs associated with the Must-Take CB Space). Said early possession shall not advance the scheduled Lease Term expiration date of October 31, 2013or modifications.
Appears in 1 contract
Samples: Communications Site Lease
Tenant Improvement Work. Subject to Paragraph 4 below Landlord and Tenant acknowledge that additional investigation or remediation may be required in connection with the Known Pre-Existing Environmental Condition during the conduct of the Tenant Improvement Work. The provisions of this Section 12.4 shall apply to the attached Exhibit B Tenant Improvement Work and further subject to compliance by any subsequent Alterations (collectively, the "Work") as provided below.
(a) Tenant shall provide Landlord with a written schedule of its repair and maintenance obligations planned Work at least seven (7) days in advance of the start of the Tenant Improvement Work. The written schedule shall define the scope of the Tenant Improvement Work and, with respect to the Tenant Improvement Work, shall establish commercially reasonable time frames for the completion of each phase of such work. Tenant shall notify Landlord when it commences the Work under the written schedule provided to Landlord. Tenant shall notify Landlord seven (7) days in advance of any earthwork which disturbs the subsurface of the Property, including removal of the slab within the building. Landlord shall, at no cost to Tenant, monitor environmental conditions in the Leasesubsurface at the Premises and promptly perform any investigation or remediation of: (a) any Known Pre-Existing Environmental Condition or (b) any newly discovered Hazardous Materials that have come to be located in, on or under the Property prior to the Commencement Date ((a) and (b) are collectively, the "Pre-Existing Environmental Conditions") necessitated by the Work which is either (i) ordered to be performed by the Department of Toxic Substances Control or any other governmental entity, or (ii) deemed warranted by Landlord, in its sole discretion (hereinafter the "Environmental Work"). Landlord plans to obtain an environmental consultant to perform the Environmental Work. Tenant shall provide Landlord, at no cost, with access to the Property to perform the Environmental Work. In the event that Tenant has any changes to the scope of the Work and/or, with respect to the Tenant Improvement Work, the written schedule provided to Landlord for the Tenant Improvement Work, it shall notify Landlord in writing and provide a revised schedule and/or scope of work. As they occur, Tenant accepts shall notify Landlord in writing of any delays in completing the MustTenant Improvement Work under the written schedule and shall specify whether it believes that such delays are caused by the Environmental Work or for other business reasons. Tenant shall have a duty to adjust the Tenant Improvement Work in a commercially reasonable fashion, at no increased cost to Tenant that Landlord does not agree to pay, and with no significant impact on the end product of Tenant's planned Tenant Improvement Work, to avoid or minimize any delays due to the need to perform the Environmental Work, including adjusting the phasing or staging of the Tenant Improvement Work.
(b) Tenant shall perform the Tenant Improvement Work in a responsible fashion and shall not exacerbate the Known Pre-Take CB Space for the Term in its “AS-IS” conditionExisting Environmental Condition. Tenant acknowledges that (a) no representations, express or implied, regarding the condition of the Must- Take CB Space have been made by Landlord to Tenant; all implied warranties with respect to the Must-Take CB Space, including but not limited to those of merchantability and fitness for a particular purpose, are expressly negated and waived, and (b) Landlord shall not be required to perform any demolition work or tenant finish work in the Premises or to provide any allowances therefor, except as expressly set forth in Paragraph 4 below and in the attached Exhibit B. Tenant shall be responsible for performance of any Tenant required improvement work to the Must-Take CB Space remediation equipment exists on the terms of the attached Exhibit B. Tenant shall be allowed early entry into the Must-Take CB Space for the performance of the TI Work (as defined in Exhibit B) provided that such early entry Property and shall not interfere with any existing groundwater extraction and treatment system or delay monitoring xxxxx.
(c) In the progress event that Tenant elects to perform any future Alterations of Landlord’s Work the Premises, Landlord and Tenant shall conform to the procedures and obligations set forth in Sections 12.4 (a) and (b), except that Tenant waives the right to seek any compensation from Landlord for Hazardous Material Delays (as defined below) that delay the Alterations and the right to terminate this Lease because of Hazardous Material Delays that delay the Alterations.
(d) Landlord shall compensate Tenant for any Hazardous Material Delay as provided in Paragraph 4 below)this subsection. If Substantial Completion A "Hazardous Material Delay" is any delay to the Tenant Improvement Work in deviation from the written schedule provided to Landlord which is the direct result of Environmental Work that is or is required to be performed by Landlord or its environmental consultant, including, without limitation, any delay directly resulting from any additional approvals that Tenant or Landlord may have to obtain from governmental entities as a result of such Environmental Work. In the event of a Hazardous Material Delay, the Rent Commencement Date shall be extended as set forth in Section 3.2. In addition, Landlord shall pay Tenant an amount equal to One Thousand Six Hundred Sixty-Seven Dollars (as defined $1,667) for every day of Hazardous Material Delay. A Hazardous Material Delay shall explicitly not include (i) any delay that can be avoided by Tenant by adjusting the Tenant Improvement Work in Exhibit B) a commercially reasonable fashion at no increased cost to Tenant that Landlord does not agree to pay, including by adjusting the phasing or staging of the TI Tenant Improvement Work occurs prior (provided, however, a Hazardous Material Delay shall explicitly include any delay to August 1the Tenant Improvement Work that is a direct result of such adjustment), 2010and (ii) any delay caused by factors other than the Environmental Work, then provided including business reasons of the Tenant or Tenant's decision to make changes in the scope of the Tenant Improvement Work that do not otherwise result in a Hazardous Material Delay. At the completion of the Tenant has given to Landlord a copy of Tenant’s certificate of occupancy for Suite 160 (to include the Must-Take CB Space)Improvement Work, Tenant shall be allowed early entry, use and occupancy notify Landlord of the Must-Take CB Space total amount due to Tenant hereunder resulting from any Hazardous Material Delays. Tenant shall provide Landlord with objective documentation to reasonably substantiate any Hazardous Material Delay. If Landlord and Tenant disagree about compensation for a Hazardous Material Delay, the commencement dispute shall be referred to senior management for informal resolution. If the dispute cannot be informally resolved, either party may submit the matter to binding arbitration for formal resolution through JAMS San Xxxx or San Francisco offices. In the event there will be a Hazardous Material Delay of business therefrom subject nine (9) months or more, and Tenant provides Landlord with written notice that it desires to all the provisions terminate this Lease, this Lease shall terminate effective as of the Lease including the insurance requirements in Article 11 of the Lease, but excluding liability to pay rent during such early entry period, other than payment by Tenant of utility costs including electric costs associated with the Must-Take CB Space). Said early possession shall not advance the scheduled Lease Term expiration date of October 31such notice if Landlord and Tenant agree, 2013or it is otherwise determined through the above-referenced dispute resolution procedures, that there will be a Hazardous Material Delay of nine (9) months or more. Tenant shall have the right to terminate this Lease upon written notice to Landlord. If Landlord and Tenant disagree about the duration of any Hazardous Material Delay, they shall utilize the above-referenced dispute resolution procedures.
Appears in 1 contract
Samples: Commercial Lease (Telik Inc)
Tenant Improvement Work. Subject (a) Lessor shall, at Lessor’s sole cost and expense, cause the following tenant improvement work (“Lessor’s Tenant Improvement Work”) to Paragraph 4 below be performed and completed in a portion of the Additional Premises, the Deli Suite, to coincide with Lessee’s occupancy of the Additional Premises : 1) Create a passageway between Acclarent’s existing breakroom into the Deli Suite; and 2) Install a demising wall, enclosing that portion of the Deli Suite which Lessee shall occupy, attached hereto as Exhibit B “A”.
(b) Should the Deli Suite be recaptured by Lessor, Lessor shall, at Lessor’s sole cost and further subject expense, restore the premises to compliance by Landlord its original condition, demolishing the newly installed demising wall in the Deli Suite and reinstall/close the passageway wall between Acclarent’s breakroom and the Deli Suite.
(c) Lessor shall contribute the sum of Forty Thousand Eight Hundred Dollars ($40,800.00) ($12.00/RSF) (“Lessor’s Tenant Improvement Allowance”) to defray the cost of Lessor’s Tenant Improvement Work for future tenant improvements in Suite C1 of the Additional Premises. In accordance with its repair and maintenance obligations in Section 12 (a) of the Lease, Lessee shall as Lessee’s contribution to Lessor’s Tenant accepts Improvement Work (“Lessee’s Contribution”) pay for any additional construction costs which exceed the Must-Take CB Space for the Term in its “AS-IS” condition. Tenant acknowledges that TI Allowance.
(ad) no representations, express or implied, regarding the condition Any unused portion of the Must- Take CB Space TI Allowance may be converted to “rent credits” and Acclarent shall have been made by Landlord the right to Tenant; all implied warranties apply those rent credits against Monthly Base Rent when due.
(e) Lessor shall contract with respect to the Must-Take CB Space, including but not limited to those of merchantability and fitness for a particular purpose, are expressly negated and waived, and (b) Landlord shall not be required to perform any demolition work contractor or tenant finish work in the Premises or to provide any allowances therefor, except as expressly set forth in Paragraph 4 below and in the attached Exhibit B. Tenant shall be responsible for performance of any Tenant required improvement work to the Must-Take CB Space on the terms of the attached Exhibit B. Tenant shall be allowed early entry into the Must-Take CB Space contractors for the performance of the TI Tenant Improvement Work under the direct supervision of Xxxxxxx Properties, Inc., as construction manager, at a fee of five percent (5%) of hard construction costs (scope of work to include coordination of architect, engineer, design/build subcontractors, General Contractor, submittals for permits, construction and punch list) as defined a cost of the Tenant Improvement Work. Said construction management fee shall be payable from Lessor’s Tenant Improvement Allowance.
(f) The Tenant Improvement Work shall be constructed in Exhibit B) accordance with all applicable laws, in a good and workmanlike manner, free of defects and using new materials and equipment of good quality. Upon substantial completion of the Tenant Improvement Work, Lessee shall have the right to submit a written “Punch List” to Lessor, setting forth any defective items of construction. Lessor shall promptly cause such items to be corrected by the General Contractor or responsible subcontractor. Lessee’s acceptance of the Additional Premises or submission of a “Punch List” shall not be deemed a waiver of Lessee’s right to have defects in the Tenant Improvement Work or the Additional Premises repaired at no cost to Lessee, provided that Lessee gives written notice to Lessor of any defect in the work within one (1) year after the substantial completion of the work. Lessor shall cause any such early entry defect to be repaired as soon as possible. The cost of any repairs necessary to correct any defects in the Tenant Improvement Work beyond one (1) year after the completion of the work shall not interfere with or delay the progress of Landlord’s Work (be treated as defined in an Operating Expense pursuant to Paragraph 4 below). If Substantial Completion (as defined in Exhibit B) of the TI Work occurs prior to August 1, 2010, then provided that Tenant has given to Landlord a copy of Tenant’s certificate of occupancy for Suite 160 (to include the Must-Take CB Space), Tenant shall be allowed early entry, use and occupancy of the Must-Take CB Space for the commencement of business therefrom subject to all the provisions of the Lease including the insurance requirements in Article 11 of the Lease, but excluding liability to pay rent during such early entry period, other than payment by Tenant of utility costs including electric costs associated with the Must-Take CB Space). Said early possession shall not advance the scheduled Lease Term expiration date of October 31, 2013.
Appears in 1 contract
Samples: Lease (Acclarent Inc)
Tenant Improvement Work. Subject to Paragraph 4 below and to the attached Exhibit B and further subject to compliance by Landlord with its repair and maintenance obligations in the Lease, Tenant accepts the Must-Take CB Space for the Term in its “AS-IS” condition. Tenant acknowledges that (a) no representationsLessor shall provide Lessee with a tenant improvement allowance of Ninety-two Thousand Five Hundred Fifty Dollars ($92,550.00) ($10.00 per rentable square foot) (the “Tenant Improvement Allowance”) to defray a portion of the cost of the improvements to the Premises (“Tenant Improvement Work”) as shown on the xxxx-up of the floor plan of Suite H attached hereto as Exhibit “E” and incorporated herein by reference. The entire cost of the Tenant Improvement Work in excess of the Tenant Improvement Allowance, express or impliedif any, regarding shall be paid by Lessee. Lessor’s approval of the Tenant Improvement Work shown on Exhibit “E” is given on the condition that Lessee shall, at Lessee’s expense, restore the Premises to its condition and layout as of the Must- Take CB Space have been made date of this Lease upon the expiration or sooner termination of this Lease. Lessee confirms its agreement to do so by Landlord to Tenant; all implied warranties with respect to the Must-Take CB Space, including but not limited to those of merchantability and fitness for a particular purpose, are expressly negated and waived, and initialing this provision. Lessee
(b) Landlord Lessor shall enter into a contract with a licensed general contractor for the construction of the Tenant Improvement Work . The general contractor shall be selected jointly by Lessor and Lessee from a list of approved contractors prepared by the Lessor. The Tenant Improvement Work shall be performed pursuant to the plans and specifications approved in writing by Lessor and Lessee.
(c) The Tenant Improvement Work shall be constructed under the direct supervision of Xxxxxxx Properties, Inc., as construction manager, at a fee of five percent (5%) of hard construction costs (i.e., the amounts paid to the general contractor, subcontractors, vendors, and suppliers for labor and materials for the construction of the Tenant Improvements) as a cost of the Tenant Improvement Work. The general contractor shall perform the work pursuant to a negotiated fixed fee guaranteed maximum price contract. The work shall be performed on an “open book” basis with a post-job audit of all costs by a representative from both Lessee and Xxxxxxx Properties, Inc.
(d) Lessee waives all right to make repairs at the expense of Lessor, or to deduct the costs thereof from the rent, and Lessee waives all rights under Section 1941 and 1942 of the Civil Code of the State of California. At the termination of this Lease, Lessee shall surrender the Premises in a clean and good condition, except for ordinary wear and tear and except for damage caused by casualty, the elements, acts of God, a taking by eminent domain, alterations or other improvements made by Lessee with Lessor’s prior written consent which Lessee is not be required to perform any demolition work remove as a condition to Lessor’s approval of such alterations or tenant finish work in the Premises or to provide any allowances therefor, except as expressly set forth in Paragraph 4 below and in the attached Exhibit B. Tenant shall be responsible for performance of any Tenant required improvement work to the Must-Take CB Space on the terms of the attached Exhibit B. Tenant shall be allowed early entry into the Must-Take CB Space for the performance of the TI Work (as defined in Exhibit B) provided that such early entry shall not interfere with or delay the progress of Landlord’s Work (as defined in Paragraph 4 below). If Substantial Completion (as defined in Exhibit B) of the TI Work occurs prior to August 1, 2010, then provided that Tenant has given to Landlord a copy of Tenant’s certificate of occupancy for Suite 160 (to include the Must-Take CB Space), Tenant shall be allowed early entry, use and occupancy of the Must-Take CB Space for the commencement of business therefrom subject to all the provisions of the Lease including the insurance requirements in Article 11 of the Lease, but excluding liability to pay rent during such early entry period, other than payment by Tenant of utility costs including electric costs associated with the Must-Take CB Space). Said early possession shall not advance the scheduled Lease Term expiration date of October 31, 2013improvements.
Appears in 1 contract
Samples: Lease (Depomed Inc)
Tenant Improvement Work. Subject to Paragraph 4 below and to the attached Exhibit B and further subject to compliance by Landlord with its repair and maintenance obligations in the Lease, Tenant accepts the Must-Take CB Space for the Term in its “AS-IS” condition. Tenant acknowledges that (a) no representationsTenant agrees, express or impliedat its sole cost and expense, regarding the condition to complete all Tenant Improvements in accordance with approved Tenant Improvement Plan, using new and quality materials and equipment. Tenant agrees to commence remodeling of the Must- Take CB Space Premises promptly upon such approval by Landlord. All Tenant Improvements must be completed prior to the Rent Commencement Date.
(b) Tenant may enter the Premises in accordance with the Operators Handbook (Exhibit E) , for the purpose of performing Tenant Improvements or other improvements to the Premises, if any, and for the purpose of installing any additional fixtures and other equipment, if any, provided:
(i) Tenant shall have been made obtained Landlord's written approval of the plans and specifications for such work; and
(ii) Tenant shall have obtained all necessary approvals and permits for construction of its improvements (with all costs related thereto to be paid by Tenant); and
(iii) Tenant shall have deposited with Landlord the policies or certificates of insurance required under this Contract; and
(iv) if applicable, Landlord shall have received full payment from Tenant for any items of work which Landlord may have undertaken for the account of Tenant, or undertaken at Tenant's written request; and
(v) Tenant shall have met with Landlord's tenant construction coordinator (or such other person as Landlord may from time to Tenant; time direct) and shall have provided to such coordinator for Landlord's approval, a list of all implied warranties general contractors and subcontractors with respect to the Must-Take CB SpacePremises, including but not limited all of whom shall have good labor relations, be capable of working in harmony with contractors retained by Landlord and by other tenants of the Premises and otherwise meet the standards set forth in Exhibits C and E; and
(vi) Tenant shall have complied with all other requirements of Exhibits C and E which need to those be met before Tenant's commencement of merchantability and fitness for a particular purpose, are expressly negated and waived, and (b) Landlord shall not be required to perform any demolition work or tenant finish work in the Premises or to provide any allowances therefor, except as expressly set forth in Paragraph 4 below and in the attached Exhibit B. Premises.
(c) Tenant shall be responsible for performance of any Tenant required improvement work to the Must-Take CB Space on the terms of the attached Exhibit B. Tenant shall be allowed early entry into the Must-Take CB Space for the performance of the TI Work (as defined in Exhibit B) provided that such early entry shall not interfere with or delay Landlord's activities, the progress activities of any other tenants and any other CTA operations.
(d) Tenant shall maintain the Premises in a clean and orderly condition at all times. All trash which may accumulate in connection with Tenant's activities shall be contained within the Premises and deposited at a location to be determined by Landlord. Tenant shall remove such trash daily at Tenant's expense.
(e) Tenant shall perform all duties and obligations imposed by this Contract, including without limitation, those provisions relating to insurance and indemnification.
(f) At Landlord’s Work request, Tenant shall provide, or to cause its prime construction contractors to provide, Landlord with payment and performance bonds in an amount equal to one hundred percent (as defined in Paragraph 4 below). If Substantial Completion (as defined in Exhibit B100%) of the TI Work occurs prior cost of the construction of and the improvements to August 1the Premises, 2010, then provided that Tenant has given to Landlord a copy of Tenant’s certificate of occupancy for Suite 160 (to include the Must-Take CB Space), Tenant which cost shall be allowed early entry, use based on Tenant's estimate as approved by Landlord. The bonds shall:
(i) be in form and occupancy of the Must-Take CB Space for the commencement of business therefrom subject substance satisfactory to all the provisions of the Lease including the insurance requirements in Article 11 of the Lease, but excluding liability Landlord; (ii) name Landlord as obligee; and (iii) contain a corporate surety satisfactory to pay rent during such early entry period, other than payment by Tenant of utility costs including electric costs associated with the Must-Take CB Space). Said early possession shall not advance the scheduled Lease Term expiration date of October 31, 2013Landlord.
Appears in 1 contract
Samples: Concession Agreement
Tenant Improvement Work. (1) Subject to Paragraph 4 below Section 4.10, Loans shall be made to Borrower in connection with Tenant Improvement Allowances and Tenant Improvement Work in accordance with this Section 4.9.
(2) The first request for disbursement for any Tenant Improvement Allowance in connection with a specific Approved Lease shall be accompanied by the following, all of which shall be subject to the attached Exhibit B and further subject to compliance by Landlord with its repair and maintenance obligations in the Lease, Tenant accepts the Must-Take CB Space for the Term in its “AS-IS” condition. Tenant acknowledges that (a) no representations, express or implied, regarding the condition reasonable approval of the Must- Take CB Space have been made by Landlord Administrative Agent to Tenant; all implied warranties the extent Borrower has approval rights with respect thereto pursuant to the Must-Take CB Space, including but not limited to those of merchantability and fitness for a particular purpose, are expressly negated and waived, and (b) Landlord shall not be required to perform any demolition work or tenant finish work in the Premises or to provide any allowances therefor, except as expressly set forth in Paragraph 4 below and in the attached Exhibit B. Tenant shall be responsible for performance of any Tenant required improvement work to the Must-Take CB Space on the terms of the attached Exhibit B. Tenant shall applicable Approved Lease (any such approval or disapproval to be allowed early entry into made by the Must-Take CB Space Administrative Agent within a reasonably sufficient time for Borrower to comply with any time limits set forth in the applicable Approved Lease for Borrower’s response):
(a) documentation required to be delivered by the applicable tenant pursuant to its respective Approved Lease;
(b) if not already delivered to the Administrative Agent, a fully executed lease (already approved by the Administrative Agent) covering such leased space;
(c) copies of all contracts, if not previously delivered to the Administrative Agent, for the performance of such Tenant Improvement Work, to the TI extent tenant is obligated to provide such contracts to Borrower;
(d) a cost breakdown for each trade performing such Tenant Improvement Work in such leased space, and an estimated commencement and completion date, to the extent tenant is obligated to provide such contracts to Borrower;
(as defined in Exhibit Be) provided that such early entry shall not interfere with or delay the progress an estimate of Landlord’s Work (as defined in Paragraph 4 below). If Substantial Completion (as defined in Exhibit B) all costs of the TI Tenant Improvement Work occurs prior to August 1be performed in such leased space which has not been contracted for or made subject to a work order or order to proceed, 2010, then provided that to the extent the tenant is obligated to provide such information to Borrower;
(f) the Tenant has given Improvement Plans for the applicable leased space; and
(g) copies of all Government Approvals required to Landlord a copy commence such Tenant Improvement Work.
(3) The Lender’s obligation to make disbursements of Tenant’s certificate of occupancy any Loans for Suite 160 (to include the Must-Take CB Space), Tenant Improvement Work shall be allowed early entry, use and occupancy subject to the further condition precedent that all of the Must-Take CB Space following requirements shall have been completed to the reasonable satisfaction of the Administrative Agent:
(a) To the extent tenant is obligated to provide such things to Borrower, Borrower shall have furnished to the Administrative Agent and the Construction Consultant copies of all Change Orders, contracts or purchase orders relating to Tenant Improvement Work performed pursuant to the contracts described in this Section 4.9;
(b) Loans shall be made for Tenant Improvement Allowances only to the commencement extent the applicable tenant is then entitled to receive such Tenant Improvement Allowance pursuant to the terms of business therefrom its applicable Approved Lease;
(c) Except for liens which are being contested by Borrower pursuant to Section 9.23, no mechanic’s liens shall have been filed against the Project in connection with the work being performed under the applicable Approved Lease; and
(d) Borrower shall have complied with all the other applicable conditions precedent to a disbursement of a Loan contained in Schedule 4 and Article 4 of this Agreement.
(4) The Administrative Agent’s obligation to make disbursements of the final Loans to Borrower for Tenant Improvement Work for any Approved Lease is subject to the further condition precedent that all the provisions of the Lease including following requirements shall have been completed to the insurance requirements in Article 11 reasonable satisfaction of the Lease, but excluding liability to pay rent during Administrative Agent:
(a) The applicable Tenant Improvement Work has been completed (except for Punch List Items) free of mechanics’ liens unless such early entry period, other than payment by Tenant liens shall be bonded or otherwise removed of utility costs including electric costs associated record or the Title Company shall have provided affirmative coverage in accordance with Schedule 4 - Part C;
(b) The Administrative Agent and the Must-Take CB Space). Said early possession Construction Consultant shall not advance have received the scheduled Lease Term expiration date of October 31, 2013.following items in connection with each Loan:
Appears in 1 contract
Samples: Construction Loan Agreement (Maguire Properties Inc)
Tenant Improvement Work. Subject Tenant, at Tenant's sole cost and ----------------------- expense (except for Landlord's obligation to Paragraph 4 below pay to Tenant the Tenant Improvement Allowance described below), shall construct certain tenant improvements and complete certain work (collectively, the "Tenant Improvement Work") in the Premises, as more particularly described herein. The Tenant Improvement Work shall be performed by Tenant's Contractor (defined below) in accordance with plans and specifications (the "Plans and Specifications") prepared by Tenant's Architect (defined below) and approved by Landlord in writing, which approval shall not be unreasonably withheld or delayed. At Landlord's election, Tenant shall arrange for Tenant's Architect to prepare working drawings (the "Working Drawings") of the proposed improvements based upon the Plans and Specifications and submit the Working Drawings to Landlord for its review and approval. The Tenant Improvement Work performed in the Building shall conform to Landlord's Building specifications for interior improvements. The Tenant Improvement Work shall include (i) replacing the carpet in the aisle ways and lunch area of the Building, (ii) inspecting the existing heating, ventilation and air conditioning units (the "HVAC Units") and systems (the "HVAC Systems"), (iii) adding heat to those HVAC Units that currently do not provide heat and, to the attached Exhibit B extent necessary, repairing and/or replacing the inoperable or deficient HVAC Units and/or portions of the HVAC Systems, (iv) refurbishing the landscaping on the Lot in accordance with a landscaping plan prepared by Tenant and further subject to compliance approved by Landlord with its repair and maintenance obligations Landlord, (v) upgrading all of the lights in the Lease, Tenant accepts Building and on the Must-Take CB Space for the Term in its “AS-IS” condition. Tenant acknowledges that (a) no representations, express or implied, regarding the condition of the Must- Take CB Space have been made by Landlord to Tenant; all implied warranties with respect to the Must-Take CB Space, including but not limited to those of merchantability and fitness for a particular purpose, are expressly negated and waivedLot, and (bvi) Landlord other miscellaneous items of deferred maintenance to the Building and Lot selected by Tenant. Landlord, at its election, shall not be required have the right to perform any demolition work or tenant finish work in the Premises or reasonably employ consultants to provide any allowances therefor, except as expressly set forth in Paragraph 4 below review Tenant's Plans and in the attached Exhibit B. Specifications and Working Drawings and Tenant shall be responsible reimburse Landlord for performance of any Tenant required improvement work to the Must-Take CB Space on the terms of the attached Exhibit B. reasonable cost incurred by Landlord for such consultants within ten (10) days after Landlord's written request therefor. Tenant shall be allowed early entry into complete the Must-Take CB Space for Tenant Improvement Work within one (1) year after the performance date of the TI Work (as defined this Amendment in Exhibit B) provided that such early entry shall not interfere with or delay the progress of Landlord’s Work (as defined in Paragraph 4 below). If Substantial Completion (as defined in Exhibit B) of the TI Work occurs prior to August 1, 2010, then provided that Tenant has given to Landlord a copy of Tenant’s certificate of occupancy for Suite 160 (to include the Must-Take CB Space), Tenant shall be allowed early entry, use and occupancy of the Must-Take CB Space for the commencement of business therefrom subject to all the provisions of the Lease including the insurance requirements in Article 11 of the Lease, but excluding liability to pay rent during such early entry period, other than payment by Tenant of utility costs including electric costs associated accordance with the Must-Take CB Space). Said early possession shall not advance the scheduled Lease Term expiration date of October 31, 2013Plans and Specifications and Working Drawings approved by Landlord.
Appears in 1 contract
Samples: Lease (Asyst Technologies Inc /Ca/)
Tenant Improvement Work. (1) Subject to Paragraph 4 below Section 4.10, Loans shall be made to Borrower in connection with Tenant Improvement Allowances and Tenant Improvement Work in accordance with this
(2) The first request for disbursement for any Tenant Improvement Allowance in connection with a specific Approved Lease shall be accompanied by the following, all of which shall be subject to the attached Exhibit B and further subject to compliance by Landlord with its repair and maintenance obligations in the Lease, Tenant accepts the Must-Take CB Space for the Term in its “AS-IS” condition. Tenant acknowledges that (a) no representations, express or implied, regarding the condition reasonable approval of the Must- Take CB Space have been made by Landlord Administrative Agent to Tenant; all implied warranties the extent Borrower has approval rights with respect thereto pursuant to the Must-Take CB Space, including but not limited to those of merchantability and fitness for a particular purpose, are expressly negated and waived, and (b) Landlord shall not be required to perform any demolition work or tenant finish work in the Premises or to provide any allowances therefor, except as expressly set forth in Paragraph 4 below and in the attached Exhibit B. Tenant shall be responsible for performance of any Tenant required improvement work to the Must-Take CB Space on the terms of the attached Exhibit B. Tenant shall applicable Approved Lease (any such approval or disapproval to be allowed early entry into made by the Must-Take CB Space Administrative Agent within a reasonably sufficient time for Borrower to comply with any time limits set forth in the applicable Approved Lease for Borrower’s response):
(a) documentation required to be delivered by the applicable tenant pursuant to its respective Approved Lease;
(b) if not already delivered to the Administrative Agent, a fully executed lease (already approved by the Administrative Agent) covering such leased space;
(c) copies of all contracts, if not previously delivered to the Administrative Agent, for the performance of such Tenant Improvement Work, to the TI extent tenant is obligated to provide such contracts to Borrower;
(d) a cost breakdown for each trade performing such Tenant Improvement Work in such leased space, and an estimated commencement and completion date, to the extent tenant is obligated to provide such contracts to Borrower;
(as defined in Exhibit Be) provided that such early entry shall not interfere with or delay the progress an estimate of Landlord’s Work (as defined in Paragraph 4 below). If Substantial Completion (as defined in Exhibit B) all costs of the TI Tenant Improvement Work occurs prior to August 1be performed in such leased space which has not been contracted for or made subject to a work order or order to proceed, 2010, then provided that to the extent the tenant is obligated to provide such information to Borrower;
(f) the Tenant has given Improvement Plans for the applicable leased space; and
(g) copies of all Government Approvals required to Landlord a copy commence such Tenant Improvement Work.
(3) The Lender’s obligation to make disbursements of Tenant’s certificate of occupancy any Loans for Suite 160 (to include the Must-Take CB Space), Tenant Improvement Work shall be allowed early entry, use and occupancy subject to the further condition precedent that all of the Must-Take CB Space following requirements shall have been completed to the reasonable satisfaction of the Administrative Agent:
(a) To the extent tenant is obligated to provide such things to Borrower, Borrower shall have furnished to the Administrative Agent and the Construction Consultant copies of all Change Orders, contracts or purchase orders relating to Tenant Improvement Work performed pursuant to the contracts described in this Section 4.9;
(b) Loans shall be made for Tenant Improvement Allowances only to the commencement extent the applicable tenant is then entitled to receive such Tenant Improvement Allowance pursuant to the terms of business therefrom its applicable Approved Lease;
(c) Except for liens which are being contested by Borrower pursuant to Section 9.23, no mechanic’s liens shall have been filed against the Project in connection with the work being performed under the applicable Approved Lease; and
(d) Borrower shall have complied with all the other applicable conditions precedent to a disbursement of a Loan contained in Schedule 4 and Article 4 of this Agreement.
(4) The Administrative Agent’s obligation to make disbursements of the final Loans to Borrower for Tenant Improvement Work for any Approved Lease is subject to the further condition precedent that all the provisions of the Lease including following requirements shall have been completed to the insurance requirements in Article 11 reasonable satisfaction of the Lease, but excluding liability to pay rent during Administrative Agent:
(a) The applicable Tenant Improvement Work has been completed (except for Punch List Items) free of mechanics’ liens unless such early entry period, other than payment by Tenant liens shall be bonded or otherwise removed of utility costs including electric costs associated record or the Title Company shall have provided affirmative coverage in accordance with Schedule 4 - Part C;
(b) The Administrative Agent and the Must-Take CB Space). Said early possession Construction Consultant shall not advance have received the scheduled Lease Term expiration date of October 31, 2013.following items in connection with each Loan:
Appears in 1 contract
Samples: Construction Loan Agreement
Tenant Improvement Work. Subject (a) Lessor shall, at Lessor’s sole cost and expense, cause the following tenant improvement work (“Lessor’s Tenant Improvement Work”) to Paragraph 4 below be performed and completed in a portion of Suite C-1, to coincide with Lessee’s occupancy of the Additional Premises: 1) Construct a steel deck mezzanine in Suite C-1, attached hereto and referred to as Exhibit B and further subject “B”.
(b) Lessor shall contribute the sum of Thirty-One Thousand Nine Hundred Thirty-Two Dollars ($31,932.00) ($12.00/RSF) (“Lessor’s Tenant Improvement Allowance”) to compliance by Landlord defray the cost of Lessor’s Tenant Improvement Work for the construction of a steel deck mezzanine in Suite C-1. In accordance with its repair and maintenance obligations in Section 12 (a) of the Lease, Lessee shall as Lessee’s contribution to Lessor’s Tenant accepts Improvement Work (“Lessee’s Contribution”) pay for any additional construction costs which exceed the Must-Take CB Space for the Term in its “AS-IS” condition. Tenant acknowledges that TI Allowance.
(ac) no representations, express Lessor shall contract with a contractor or implied, regarding the condition of the Must- Take CB Space have been made by Landlord to Tenant; all implied warranties with respect to the Must-Take CB Space, including but not limited to those of merchantability and fitness for a particular purpose, are expressly negated and waived, and (b) Landlord shall not be required to perform any demolition work or tenant finish work in the Premises or to provide any allowances therefor, except as expressly set forth in Paragraph 4 below and in the attached Exhibit B. Tenant shall be responsible for performance of any Tenant required improvement work to the Must-Take CB Space on the terms of the attached Exhibit B. Tenant shall be allowed early entry into the Must-Take CB Space contractors for the performance of the TI Tenant Improvement Work under the direct supervision of Xxxxxxx Properties, Inc., as construction manager, at a fee of five percent (5%) of hard construction costs (scope of work to include coordination of architect, engineer, design/build subcontractors, General Contractor, submittals for permits, construction and punch list) as defined a cost of the Tenant Improvement Work. Said construction management fee shall be payable from Lessor’s Tenant Improvement Allowance.
(d) The Tenant Improvement Work shall be constructed in Exhibit B) accordance with all applicable laws, in a good and workmanlike manner, free of defects and using new materials and equipment of good quality. Upon substantial completion of the Tenant Improvement Work, Lessee shall have the right to submit a written “Punch List” to Lessor, setting forth any defective items of construction. Lessor shall promptly cause such items to be corrected by the General Contractor or responsible subcontractor. Lessee’s acceptance of the Additional Premises or submission of a “Punch List” shall not be deemed a waiver of Lessee’s right to have defects in the Tenant Improvement Work or the Additional Premises repaired at no cost to Lessee, provided that Lessee gives written notice to Lessor of any defect in the work within one (1) year after the substantial completion of the work. Lessor shall cause any such early entry defect to be repaired as soon as possible. The cost of any repairs necessary to correct any defects in the Tenant Improvement Work beyond one (1) year after the completion of the work shall not interfere with or delay the progress of Landlord’s Work (be treated as defined in an Operating Expense pursuant to Paragraph 4 below). If Substantial Completion (as defined in Exhibit B) of the TI Work occurs prior to August 1, 2010, then provided that Tenant has given to Landlord a copy of Tenant’s certificate of occupancy for Suite 160 (to include the Must-Take CB Space), Tenant shall be allowed early entry, use and occupancy of the Must-Take CB Space for the commencement of business therefrom subject to all the provisions of the Lease including the insurance requirements in Article 11 of the Lease.
(e) Lessee shall cause the Premises to be re-measured by Lessor’s architect. Following such re-measurement, but excluding liability the square footage of the Additional Premises and the Lessee’s Share shall be adjusted, if necessary, prior to pay rent during such early entry periodthe Commencement Date. At Lessor’s request, other than payment by Tenant Lessee shall execute an Amendment to this lease to confirm the square footage of utility costs including electric costs associated with the Must-Take CB Space). Said early possession shall not advance the scheduled Lease Term expiration date of October 31, 2013Premises.
Appears in 1 contract
Samples: Lease (Acclarent Inc)
Tenant Improvement Work. Subject Tenant has retained and will continue to Paragraph 4 below retain M&F and AHA for design, architectural and MEPFP services for Tenant Improvement Work. Landlord has retained and will continue to the attached Exhibit B retain M&F and further subject AHA for design, architectural and MEPFP services for Base Building Work. If either Landlord or Tenant wishes to compliance change such service providers, they shall do so only by Landlord with its repair and maintenance obligations in the Leasemutual agreement which each party agrees, Tenant accepts the Must-Take CB Space for the Term in its “AS-IS” condition. Tenant acknowledges that (a) no representationsgood cause, express or implied, regarding the condition of the Must- Take CB Space have been made by Landlord to Tenant; all implied warranties with respect to the Must-Take CB Space, including but not limited to those of merchantability and fitness for a particular purpose, are expressly negated and waived, and (b) Landlord shall not be required to perform any demolition work unreasonably withheld, conditioned or delayed. Tenant is currently having the Construction Documents for the interior finish and other tenant finish work in the Premises or to provide any allowances therefor, except as expressly set forth in Paragraph 4 below and in the attached Exhibit B. Tenant shall be responsible for performance of any Tenant required improvement work improvements to the Must-Take CB Retained Premises prepared in accordance with: (i) the Space on the terms of the attached Exhibit B. Tenant shall be allowed early entry into the Must-Take CB Space for the performance of the TI Work Plan (as defined above in this Exhibit BC-1); and (ii) information provided to the architect, M&F, or engineer, AHA. Tenant agrees to design the laboratory portions of the Retained Premises, exclusive of the animal research facility, office and other non-laboratory portions of the Retained Premises and except as otherwise consented to by Landlord, such that such early entry the laboratory areas will be generally re-usable by other laboratory users. Tenant shall not interfere with prepare or delay cause the progress of final Construction Documents to be prepared by M&F and AHA and will submit the same to Landlord for Landlord’s Work review and approval no later than ninety (90) days after the date of this Amendment, subject to delays due to Force Majeure. As soon as defined in Paragraph 4 below). If Substantial Completion (as defined in Exhibit B) practicable after receipt of the TI Work occurs prior proposed Construction Documents but in no event more than five (5) business days after receipt thereof, Landlord shall return the proposed Construction Documents to August 1Tenant with Landlord’s suggested modifications and/or approval noted thereon. If, 2010upon receipt of the Landlord’s suggested modifications to the Construction Documents, then provided that if any, Tenant has given wishes to take exception to Landlord’s modifications, Tenant may do so within five (5) business days after the date upon which Tenant receives Landlord’s modifications to the Construction Documents. Landlord and Tenant shall negotiate in good faith to promptly resolve any disagreements and make modifications to the Construction Documents which are acceptable to Landlord a copy and Tenant. The parties shall attempt to reach agreement as soon as possible, and in all events within ten (10) business days after the date upon which Tenant receives Landlord’s proposed modifications to the Construction Documents. Upon resolution of Tenant’s certificate of occupancy for Suite 160 (to include the Must-Take CB Space)any issues, Tenant shall revise the Construction Documents to reflect the applicable changes, and the same shall be allowed early entryresubmitted to Landlord for final approval within seven (7) business days after resolution of any issues and Landlord shall grant its approval or disapproval thereto, and/or state any further objections or proposed modifications, within three (3) business days after receipt thereof. After the first submission and resubmission, Landlord and Tenant agree to restrict further objections or disputes only to matters which have been previously raised but not previously been agreed upon or accepted by the other party. The parties shall, in all events, act with due diligence and in good faith and use all reasonable efforts to reach agreement as soon as possible, and occupancy in all events within twenty (20) business days after the date upon which Tenant first receives the applicable modifications from Landlord which are in issue. The process of submissions and resubmissions shall continue thereafter until final agreement is reached, and in such process, the parties shall thereafter adhere to the three (3) business day response time required after the second resubmission. Each party agrees that its failure to respond to a submission or resubmission within the above-referenced time frames shall constitute such party’s acceptance of the Must-Take CB Space submission or resubmission in question. Upon Landlord and Tenant’s final approval of the Construction Documents, the same shall constitute the “Construction Documents.” The work shown on the Construction Documents shall be deemed the “Tenant Improvement Work” unless otherwise noted thereon. At the times set forth for obtaining varying phases of building permits in the Phasing Schedule and following final approval of the Construction Documents, Landlord agrees to have the GMP Contractor apply to the Town of Xxxxxxx Building Department for a building permit for the commencement construction of business therefrom the Tenant Improvement Work and upon issuance thereof, to cause, subject to all Tenant’s payment for the provisions portions thereof for which Tenant is responsible, the Tenant Improvement Work to be completed, installed or performed, as the case may be, in accordance therewith, subject only to minor variations and/or variations necessitated by the unavailability of the Lease including the insurance requirements specified materials and equipment in Article 11 of the Lease, but excluding liability to pay rent during such early entry period, other than payment by Tenant of utility costs including electric costs associated accordance with the Must-Take CB Space)Construction Documents. Said early possession Except as above provided, no deviation from the Construction Documents shall be made by either party except by written Change Order approved by the other party, which approval shall not advance the scheduled Lease Term expiration date of October 31be unreasonably withheld, 2013conditioned or delayed.
Appears in 1 contract
Samples: Lease (Avant Immunotherapeutics Inc)
Tenant Improvement Work. Subject to Paragraph 4 below and to the attached Exhibit B and further subject to compliance by Landlord with its repair and maintenance obligations in the Lease, Tenant accepts the Must-Take CB Space for the Term in its “AS-IS” condition. Tenant acknowledges that (a) no representations, express or implied, regarding Lessor shall cause the condition following tenant improvement work (“Tenant Improvement Work”) for Suite B and Suite C to be substantially completed at their sole cost prior to the commencement of the Must- Take CB Space have been made by Landlord to Tenant; all implied warranties with respect to the Must-Take CB Expansion Space, including but not limited to those of merchantability and fitness for a particular purpose, are expressly negated and waived, and .
(b) Landlord shall not be required to perform any demolition work or tenant finish work The Tenant Improvement Work is detailed in the Premises summary sheet and proposals, attached hereto as Exhibit “B”.
(c) Lessor shall contract with a contractor or to provide any allowances therefor, except as expressly set forth in Paragraph 4 below and in the attached Exhibit B. Tenant shall be responsible for performance of any Tenant required improvement work to the Must-Take CB Space on the terms of the attached Exhibit B. Tenant shall be allowed early entry into the Must-Take CB Space contractors for the performance of the TI Tenant Improvement Work under the direct supervision of Xxxxxxx Properties, Inc., as construction manager, at a fee of five percent (5%) of hard construction costs (scope of work to include coordination of architect, engineer, design/build subcontractors, General Contractor, submittals for permits, construction and punch list) as defined a cost of the Tenant Improvement Work. Said construction management fee shall be payable from Lessor’s Tenant Improvement Allowance.
(d) The Tenant Improvement Work shall be constructed in Exhibit B) accordance with all applicable laws, in a good and workmanlike manner, free of defects and using new materials and equipment of good quality. Upon substantial completion of the Tenant Improvement Work, Lessee shall have the right to submit a written “Punch List” to Lessor, setting forth any defective items of construction. Lessor shall promptly cause such items to be corrected by the General Contractor or responsible subcontractor. Lessee’s acceptance of the Expansion Space or submission of a “Punch List” shall not be deemed a waiver of Lessee’s right to have defects in the Tenant Improvement Work or the Expansion Space repaired at no cost to Lessee, provided that such early entry shall not interfere with or delay Lessee gives written notice to Lessor of any defect in the progress of Landlord’s Work work within one (as defined in Paragraph 4 below). If Substantial Completion (as defined in Exhibit B1) year after the substantial completion of the TI work. Lessor shall cause any such defect to be repaired as soon as possible. The cost of any repairs necessary to correct any defects in the Tenant Improvement Work occurs prior to August beyond one (1, 2010, then provided that Tenant has given to Landlord a copy ) year after the completion of Tenant’s certificate of occupancy for Suite 160 (to include the Must-Take CB Space), Tenant work shall be allowed early entry, use and occupancy of the Must-Take CB Space for the commencement of business therefrom subject treated as an Operating Expense pursuant to all the provisions of the Lease including the insurance requirements in Article 11 Paragraph 5 of the Lease, but excluding liability to pay rent during such early entry period, other than payment by Tenant of utility costs including electric costs associated with the Must-Take CB Space). Said early possession shall not advance the scheduled Lease Term expiration date of October 31, 2013.
Appears in 1 contract
Samples: Lease (Acclarent Inc)
Tenant Improvement Work. Subject to Paragraph 4 below Tenant Acknowledges that it has previously inspected the Premises and to Tenant is accepting the attached Exhibit B and further subject to compliance by Landlord with its repair and maintenance obligations Premises in the Lease, Tenant accepts the Must-Take CB Space for the Term in its “AS-IS” "As Is" condition. Tenant further acknowledges that (a) no representationscertain improvements presently exists or serve the Premises, express such as elevators, windows, air supply equipment, fire sprinklers, and stubbing out of electrical and telephone services to the floor. Tenant agrees that any repair or implied, regarding renovation to any such items or any equipment in the condition Premises to restore same to good working order shall be part of the Must- Take CB Tenant Improvement Work. Tenant shall have a space plan ("Space have been made Plan") prepared by Landlord to Tenant; all implied warranties with respect to the Must-Take CB Space, including but not limited to those of merchantability and fitness for a particular purpose, are expressly negated and waivedSlack Alvarez Associates, and submitted to Landlord for its written approval (b) Landlord which approval shall not be required unreasonably withheld or delayed); which Space Plan shall be prepared at Tenant's expense. Tenant shall submit the space plan to perform Landlord for its approval on or before thirty (30) days after the date of this Lease. Landlord shall approve or request revisions to the Space Plan within five (5) business days after submittal to Landlord and Tenant shall revise the Space Plan (if so requested by the Landlord) and submit such revised Space Plant to Landlord for approval as provided above within (10) days after Landlord so requests. Tenant shall cause its architect and Xxxxxx-Xxxxxx Engineers to promptly prepare or have prepared "Construction Documents" reflecting the final architectural and engineering design consisting of working drawings with detailed plans and specifications substantially in accordance with the approved Space Plan. The Construction Documents shall be delivered to the Landlord for its approval which shall not be unreasonably withheld or delayed within ten (10) days after approval of the Space Plan. The Space Plan and Construction Documents (including architectural) design, engineering specifications, detailed plans and specifications, and final working drawings), are collectively and severally referred to herein as the "Plans". The Plans shall be subject to the review and reasonable approval of Landlord (provided that any demolition work approvals given by Landlord hereunder shall be for Landlord's benefit only with no other party or tenant finish work in person being entitled to rely thereon). Approval of Plans shall not be unreasonably withheld or delayed. In the event of a conflict or inconsistency between the Construction Documents and the Space Plan, the Construction Documents shall control. Tenant shall cause the approved Contractor who is awarded the job to Substantially Complete, build out and improve the Premises or to provide any allowances thereforsubstantially in accordance with building standard finishes, except together with specified upgrades, as expressly set forth in Paragraph 4 below and in the attached Exhibit B. Plans (collectively the "Tenant Improvement Work") which Tenant Improvement Work shall include without limitation, the following:
(a) Energy efficient electrical lighting with electronic ballasts. Tenant shall be responsible pay for performance of any Tenant required improvement work to the Must-Take CB Space on the terms of the attached Exhibit B. Tenant shall be allowed early entry into the Must-Take CB Space for the performance of the TI Work (as defined in Exhibit B) provided that such early entry shall not interfere with or delay the progress of Landlord’s Work (as defined in Paragraph 4 below). If Substantial Completion (as defined in Exhibit B) of the TI Work occurs prior to August 1all electrical and other utility meters, 2010including necessary switchgear, then provided that Tenant has given to Landlord a copy of Tenant’s certificate of occupancy for Suite 160 (to include the Must-Take CB Space), Tenant shall be allowed early entry, use feeders and occupancy of the Must-Take CB Space for the commencement of business therefrom subject to all the provisions of the Lease including the insurance requirements in Article 11 of the Lease, but excluding liability to pay rent during such early entry period, other than payment by Tenant of utility costs including electric costs associated with the Must-Take CB Space). Said early possession shall not advance the scheduled Lease Term expiration date of October 31, 2013.distribution panels;
Appears in 1 contract
Samples: Office Space Lease Agreement (Sunglass Hut International Inc)
Tenant Improvement Work. Subject (i) The Sublessee shall be responsible for the management and supervision of the performance of the Tenant Improvement Work. Notwithstanding the foregoing, Sublessee agrees that the contractor selected to Paragraph 4 below do the Tenant Improvement Work and the contract, or contracts, covering the Tenant Improvement Work shall be required to complete an American Institute of Architects Contractor Qualification Form (form A305) and that said contractor shall be approved by Landlord and Sublessor, which approval shall not be unreasonably withheld. Sublessee warrants that all work to be performed on the Premises by, through or under Sublessee, shall comply with all applicable laws, regulations, codes, and ordinances.
(ii) In order to prevent interference with the operations of the Sublessor or other building tenants ("other tenants") and to the attached Exhibit B and further subject to compliance by Landlord with its repair and maintenance obligations in the Lease, Tenant accepts the Must-Take CB Space for the Term in its “AS-IS” condition. Tenant acknowledges that (a) no representations, express or implied, regarding the condition allow them their rightful quiet enjoyment of the Must- Take CB Space have been made by Landlord to Tenant; all implied warranties Building, any Tenant Improvement Work that may, in Sublessor's reasonable discretion, interfere with respect to Sublessor's operations, or with the Must-Take CB Spaceoperations of other tenants, including but not limited to those excessive noise and/or vibration, shall, to the extent possible, be performed before or after normal business hours. Moreover, any shutdowns of merchantability and fitness for utilities in the Building, other than solely in the Premises, must be performed in a particular purpose, are expressly negated and waivedmanner that ensures that Sublessor's operations, and (b) Landlord shall the operations of other tenants, will not be required adversely impacted. As such, Sublessee must obtain the prior approval of Sublessor of any shutdown of utilities outside the Premises. Any shutdown of utilities which interfere with the operations of Sublessor, or the operations of other tenants, shall be scheduled during other than their normal business hours of 7:15 a.m. - 4:15 p.m. Monday - Friday. Sublessee agrees to perform use reasonable efforts to minimize any demolition work or tenant finish work in interference to the Premises or to provide any allowances therefor, except as expressly set forth in Paragraph 4 below business operations of Sublessor and in other tenants caused by the attached Exhibit B. performance of the Tenant Improvement Work. Sublessee shall be responsible for performance obtaining the Certificate of any Tenant required improvement work Occupancy of which a copy is to the Must-Take CB Space on the terms of the attached Exhibit B. Tenant shall be allowed early entry into the Must-Take CB Space for the performance of the TI Work (as defined in Exhibit B) provided that such early entry shall not interfere with or delay the progress of Landlord’s Work (as defined in Paragraph 4 below). If Substantial Completion (as defined in Exhibit B) of the TI Work occurs forwarded to Sublessor prior to August 1, 2010, then provided that Tenant has given to Landlord a copy of Tenant’s certificate of occupancy for Suite 160 (to include the Must-Take CB Space), Tenant shall be allowed early entry, use and occupancy of the Must-Take CB Space for the commencement of business therefrom subject to all the provisions of the Lease including the insurance requirements in Article 11 of the Lease, but excluding liability to pay rent during such early entry period, other than payment by Tenant of utility costs including electric costs associated with the Must-Take CB Space). Said early possession shall not advance the scheduled Lease Term expiration date of October 31, 2013actual occupancy.
Appears in 1 contract
Tenant Improvement Work. Subject to Paragraph 4 below and to the attached Exhibit B and further subject to compliance by Landlord with its repair and maintenance obligations in the Lease, Tenant accepts the Must-Take CB Space for the Term in its “AS-IS” condition. Tenant acknowledges that (a) no representationsWithin ten (10) days following the execution and delivery of this Lease by the parties, express Tenant shall cause to be prepared and completed by an architect selected by Tenant, and approved by Landlord, Preliminary Plans and Specifications for the tenant improvement work to the Premises to be performed by Tenant (the “Tenant Improvement Work”). Said Preliminary Plans and Specifications shall be subject to Landlord’s approval, which approval shall not be unreasonably withheld or implieddelayed. Landlord shall provide Tenant with a tenant improvement allowance of $200,000 (the “Tenant Improvement Allowance”) to be used exclusively to design and construct the Tenant Improvements, regarding including the condition installation of Tenant’s telecommunications equipment, electrical cabling, security system, and for Tenant’s cubicles. All of such work shall be performed by a contractor approved by Landlord as set forth in 1(b) below. The entire balance of the Must- Take CB Space have been made cost of the Tenant Improvement Work shall be paid by Landlord Tenant, except that the cost of Landlord’s Work required to Tenant; all implied warranties cause the Premises to comply with the requirements of the City Building Department and the County Fire Department with respect to the Must-Take CB Spacebuilding code and the fire code, including but not limited the requirements of Title 24 and the Americans With Disabilities Act, as of the Commencement Date shall be paid by Landlord pursuant to those of merchantability and fitness for a particular purpose, are expressly negated and waivedParagraph 2 below, and such cost shall not be charged to the Tenant Improvement Allowance. The Tenant Improvement Allowance shall be paid promptly by Landlord to Tenant as Tenant incurs the related expenses and upon written request by Tenant to Landlord accompanied by copies of the invoices submitted to Tenant by Tenant’s contractor for progress payments on the Tenant Improvement Work, or by copies of invoices for the other items referred to above.
(b) Landlord shall not be required to perform any demolition work or tenant finish work in the Premises or to provide any allowances therefor, except as expressly set forth in Paragraph 4 below and in the attached Exhibit B. Tenant shall be responsible for performance of any Tenant required improvement work to the Must-Take CB Space on the terms of the attached Exhibit B. Tenant shall be allowed early entry enter into the Must-Take CB Space a construction contract with a general contractor for the performance of the TI Work (as defined in Exhibit B) provided that such early entry Tenant Improvement Work. Said construction contract shall be subject to Landlord’s approval, which approval shall not interfere with be unreasonably withheld or delay delayed. Tenant shall supervise the progress construction of the Tenant Improvements by the contractor. Tenant shall designate a project representative as the single point of contact for communication throughout the design, construction and move-in process. All designs, plans, materials, contractors, subcontractors, consultants and scheduling of any work performed by or on behalf of Tenant, shall be expressly subject to Landlord’s Work prior review and approval, which approval shall not be unreasonably withheld or delayed.
(c) Landlord will grant access to the Premises to Tenant at no charge upon the execution and delivery of this Lease for the purpose of planning, constructing, installing and outfitting the Premises for Tenant’s use, subject to Tenant providing Landlord with evidence that Tenant’s commercial general liability insurance is in effect. Upon access being delivered to Tenant by Landlord, Tenant shall pay the cost of all electricity, gas and janitorial expenses incurred as defined in Paragraph 4 below). If Substantial Completion (as defined in Exhibit B) of the TI Work occurs prior to August 1, 2010, then provided that Tenant has given to Landlord a copy result of Tenant’s certificate of occupancy for Suite 160 (early access to include the Must-Take CB Space), Tenant shall be allowed early entry, use and occupancy of the Must-Take CB Space for the commencement of business therefrom subject to all the provisions of the Lease including the insurance requirements in Article 11 of the Lease, but excluding liability to pay rent during such early entry period, other than payment by Tenant of utility costs including electric costs associated with the Must-Take CB Space). Said early possession shall not advance the scheduled Lease Term expiration date of October 31, 2013Premises.
Appears in 1 contract
Samples: Lease Agreement (Netmanage Inc)
Tenant Improvement Work. Subject to Paragraph 4 below and to the attached Exhibit B and further subject to compliance by Landlord with its repair and maintenance obligations in the Lease, Tenant accepts the Must-Take CB Space for the Term in its “AS-IS” condition. Tenant acknowledges that (a) no representationsConcurrently with the execution and delivery of this Agreement, express or implied, regarding Lessor shall provide Lessee with a tenant improvement allowance of One Hundred Three Thousand One Hundred Twenty Dollars ($103,120) ($5.00 per rentable square foot) (the condition “Tenant Improvement Allowance”) to defray a portion of the Must- Take CB Space have been made by Landlord to Tenant; all implied warranties with respect cost of the improvements to the Must-Take CB SpacePremises which shall be mutually approved in writing by Lessor and Lessee (“Tenant Improvement Work”). The entire cost of the Tenant Improvement Work in excess of the Tenant Improvement Allowance, including but not limited if any, shall be paid by Lessee. The cost of obtaining approval by of the City of Menlo Park of a merger of the Building #5 Land (1330 O’Brien Drive) and the Building #6 Land (1360 O’Brien Drive) to those of merchantability be occupied by Lessee pursuant to the new Lease dated March 26, 2003 between Lessor and fitness for a particular purpose, are expressly negated and waivedLessee, and the cost of connecting Building #6 and Building #5 pursuant to plans approved by Lessor and Lessee shall be included in the cost of the Tenant Improvement Work. Subject to Lessor’s prior written approval of the plans and specifications for the Tenant Improvement Work for both Building #6 and Building #5, Lessee may combine the Tenant Improvement Allowance for the Premises (bBuilding #6) Landlord and the Tenant Improvement Allowance for 1330 O’Brien Drive (Building #5) and apply the combined Tenant Improvement Allowance to either Building #6 or Building #5 in its entirety, provided that Lessor shall not be required obligated to perform approve the plans and specifications for any demolition work or tenant finish work of such Tenant Improvement Work if, in the Premises or to Lessor’s judgment, such plans and specifications provide any allowances therefor, except as expressly set forth in Paragraph 4 below and in the attached Exhibit B. Tenant shall be responsible for performance of any Tenant required improvement work to the Must-Take CB Space on the terms of the attached Exhibit B. Tenant shall be allowed early entry into the Must-Take CB Space for the performance of any of such Tenant Improvement Work in a manner that could adversely affect the TI leasing of either Building #6 or Building #5 to a future tenant.
(b) Lessor shall enter into a contract with a licensed general contractor for the construction of the Tenant Improvement Work. The general contractor shall be selected jointly by Lessor and Lessee from a list of approved contractors prepared by the Lessor. The Tenant Improvement Work shall be performed pursuant to the plans and specifications approved in writing by Lessor and Lessee.
(c) The Tenant Improvement Work shall be constructed under the direct supervision of Xxxxxxx Properties, Inc., as defined in Exhibit B) provided that such early entry shall not interfere with or delay the progress construction manager, at a fee of Landlord’s Work five percent (as defined in Paragraph 4 below). If Substantial Completion (as defined in Exhibit B5%) of hard construction costs (i.e., the TI Work occurs prior amounts paid to August 1the general contractor, 2010subcontractors, then provided that Tenant has given to Landlord a copy of Tenant’s certificate of occupancy vendors, and suppliers for Suite 160 (to include labor and materials for the Must-Take CB Space), Tenant shall be allowed early entry, use and occupancy construction of the Must-Take CB Space for the commencement of business therefrom subject to all the provisions Tenant Improvements) as a cost of the Lease including Tenant Improvement Work. The general contractor shall perform the insurance requirements in Article 11 of the Lease, but excluding liability work pursuant to pay rent during such early entry period, other than payment by Tenant of utility costs including electric costs associated with the Must-Take CB Space). Said early possession shall not advance the scheduled Lease Term expiration date of October 31, 2013.a negotiated fixed fee guaranteed maximum price
Appears in 1 contract
Tenant Improvement Work. Subject Tenant shall construct, furnish or install all improvements, equipment or fixtures, that are necessary for Tenant’s use and occupancy of the entirety of the Leased Premises (the “Tenant Improvements”). Tenant shall complete construction of the Tenant Improvements for the entirety of the Leased Premises no later than seven (7) months after the Delivery Date, subject to Paragraph 4 below and delays caused by Force Majeure. Tenant shall also be responsible for the cost of any alterations to the attached Exhibit B Building required as a result of the Tenant Improvements. The Tenant Improvements shall be in conformity with drawings and further subject specifications submitted to compliance and approved by Landlord and shall be performed in accordance with its repair and maintenance obligations in the Lease, Tenant accepts the Must-Take CB Space for the Term in its “AS-IS” condition. Tenant acknowledges that following provisions:
(a) no representationsTenant shall prepare and submit to Landlord for its approval two sets of fully dimensioned scale drawings (suitable for submission with a building permit application) for the Tenant Improvements (including plans, express or impliedelevations, regarding critical sections and details) and a specification of Tenant’s utility requirements. Such drawings shall not deviate materially from the condition Space Plan described in Paragraph 3(a)(ii) below. Tenant shall cause all drawings and specifications for the Tenant Improvements to be prepared by licensed architects and where appropriate, mechanical, electrical and structural engineers.
(b) Within 10 days after receipt of Tenant’s drawings Landlord shall return one set of prints thereof with Landlord’s reasonable approval and/or suggested modifications noted thereon. If Landlord has approved Tenant’s drawings subject to modifications, such modifications shall be deemed to be acceptable to and approved by Tenant unless Tenant shall prepare and resubmit revised drawings for further consideration by Landlord. If Landlord has suggested modifications without approving Tenant’s drawings Tenant shall prepare and resubmit revised drawings within seven days for consideration by Landlord. All revised drawings shall be submitted, with changes highlighted, to Landlord within seven days following Landlord’s return to Tenant of the Must- Take CB Space have been made drawings originally submitted, and Landlord shall approve or disapprove such revised drawings, in Landlord’s reasonable discretion within seven days following receipt of the same.
(c) Tenant shall exercise diligent efforts to obtain all building and other permits necessary in connection with the Tenant Improvements prior to the commencement of such work, and in any event no later than January 1, 2011. The Tenant Improvements shall (i) be constructed in compliance with all of the terms and conditions of the Lease and with all applicable Laws and regulations, (ii) not involve changes to structural components of the Building nor involve any floor, roof, or wall penetrations unless approved by Landlord to Tenant; all implied warranties with respect to the Must-Take CB Space, including in its sole but not limited to those of merchantability and fitness for a particular purpose, are expressly negated and waivedgood faith discretion, and (biii) not require any material modifications of the Building’s mechanical or electrical systems unless approved by Landlord in its sole but good faith discretion.
(d) Prior to commencing construction, Tenant shall deliver to Landlord the following:
(i) The address of Tenant’s general contractor, and the names of the primary subcontractors Tenant’s contractor intends to engage for the construction of the Leased Premises.
(ii) The actual commencement date of construction and the estimated date of completion of the work, including fixturization.
(iii) Evidence of insurance as called for hereinbelow.
(iv) An executed copy of the applicable building permit for such work.
(e) After the later to occur of (i) the Delivery Date, and (ii) final approval of Tenant’s drawings by Landlord, Tenant shall proceed promptly to commence construction of the Tenant Improvements. Tenant’s contractors and subcontractors shall be acceptable to and approved in writing by Landlord, which approval shall not be required unreasonably withheld or delayed, and shall, at Landlord’s option, be subject to perform any demolition work or tenant finish work administrative supervision by Landlord in their use of the Premises or to provide any allowances therefor, except as expressly set forth in Paragraph 4 below and in the attached Exhibit B. Building. Tenant shall be responsible for performance of any Tenant required improvement work to the Must-Take CB Space on the terms of the attached Exhibit B. Tenant shall be allowed early entry into the Must-Take CB Space for the performance of the TI Work (as defined in Exhibit B) provided that such early entry shall not interfere with or delay the progress of Landlord’s Work (as defined in Paragraph 4 below). If Substantial Completion (as defined in Exhibit B) of the TI Work occurs prior to August 1, 2010, then provided that Tenant has given furnish to Landlord a copy of the executed contract between Tenant and Tenant’s certificate general contractor (the “Tenant Improvement Construction Contract”) covering all of occupancy Tenant’s obligations under this Work Letter. Tenant shall use commercially reasonable efforts to cause such work to be performed in as efficient a manner as is commercially reasonable. Tenant shall reimburse Landlord on demand for Suite 160 the cost of repairing any damage to the Building caused by Tenant or its contractors during construction of the Tenant Improvements. Tenant’s contractors shall conduct their work and employ labor in such manner as to maintain harmonious labor relations. Tenant’s general contractor (“Tenant’s Contractor”) shall obtain a builder’s risk policy of insurance in an amount and form and issued by a carrier reasonably satisfactory to include Landlord, and Tenant’s Contractor and subcontractors shall carry worker’s compensation insurance for their employees as required by law. The builder’s risk policy of insurance shall name Landlord as an additional insured and shall not be cancellable without at least 30 days’ prior written notice to Landlord (10 days’ prior written notice to Landlord for non-payment of premiums).
(f) Any changes in the Must-Take CB Space)Tenant Improvements from the final drawings approved by Landlord shall be subject to Landlord’s prior written approval, which shall not be unreasonably withheld, conditioned, or delayed, and shall be given or withheld within five (5) business days of Landlord’s receipt of a written request for the change(s) accompanied by revised drawings showing the requested change(s) . Any deviation in construction from the design specifications and criteria set forth herein or from Tenant’s plans and specifications as approved by Landlord shall constitute a default for which Landlord may, within ten (10) days after giving written notice to Tenant, elect to exercise the remedies available in the event of default under the provisions of this Lease, unless such default is cured within such ten (10) day period, or, if the cure reasonably requires more than ten (10) days and Tenant is diligently prosecuting such cure, unless such default is cured as soon as reasonably practicable but in no event later than sixty (60) days after Landlord’s notice to Tenant. Only new materials shall be used in the construction of the Tenant Improvements, except with the written consent of Landlord.
(g) During the construction of the Tenant Improvements, Tenant shall provide and pay for temporary connections for all utilities brought to the Building. Trash removal will be allowed early entrydone continually at Tenant’s sole cost and expense. No trash, use or other debris, or other waste may be deposited at any time outside the Building. If so, Landlord may remove it at Tenant’s expense, which expense shall equal the cost of removal plus twenty five percent (25%) of such costs as a management fee.
(h) Storage of Tenant’s Contractor’s (and occupancy all subcontractors’) construction materials, tools and equipment shall, where reasonably practicable, be confined within the Building and in not outside the Building.
(i) Tenant acknowledges that it has engaged its architects, engineers, contractors, owner’s representatives, and other consultants, and shall be solely responsible for the actions and omissions of such persons and for any loss, liability, claim, cost, damage or expense suffered by Landlord or any other entity or person as a result of the Must-Take CB Space acts or omissions of such persons or for delays caused by such persons except to the extent attributable to the gross negligence or willful misconduct of Landlord or any of such persons. Landlord’s approval of any of Tenant’s architects or engineers and of any documents prepared by any of them shall not be for the commencement benefit of business therefrom Tenant or any third party, and Landlord shall have no duty to Tenant or to any third parties for the actions or omissions of Tenant’s architects or engineers. Tenant shall indemnify and hold harmless Landlord against any and all losses, costs, damages, claims and liabilities arising from the actions or omissions of Tenant’s architects, engineers, contractors, owner’s representatives, and other consultants.
(j) Landlord shall have the right to post in a conspicuous location on the Building or the Leased Premises, as well as record with the County of Santa Xxxxx, a Notice of Nonresponsibility.
(k) Without limiting the generality of the foregoing, any work to be performed by Tenant shall be coordinated with Landlord, and shall be subject to reasonable scheduling requirements of Landlord.
(l) Tenant shall, upon completion of its work, submit to Landlord two (2) complete sets of plans (one (1) reproducible) and specifications covering all the provisions of the Lease Tenant Improvements, including the insurance requirements in Article 11 of the Leasearchitectural, but excluding liability to pay rent during such early entry periodelectrical, other than payment by Tenant of utility costs including electric costs associated with the Must-Take CB Space). Said early possession shall not advance the scheduled Lease Term expiration date of October 31and plumbing, 2013as built.
Appears in 1 contract
Tenant Improvement Work. Subject to Paragraph 4 below and Prior to the attached Exhibit B and further subject Commencement Date, Landlord shall cause the premises to compliance by Landlord with its repair and maintenance obligations be prepared for occupancy, as provided in the Lease, Tenant accepts the Must-Take CB Space Agreement for the Term in its “AS-IS” condition. Tenant acknowledges that (a) no representations, express or implied, regarding the condition Completion of the Must- Take CB Space have been made by Landlord Premises (the "Completion Agreement") attached to Tenant; all implied warranties with respect to this Lease as Exhibit "C". The cost of completion of the Must-Take CB Space, including but not limited to those of merchantability and fitness for a particular purpose, are expressly negated and waived, and (b) Landlord shall not be required to perform any demolition work or tenant finish work in the Premises or to provide any allowances therefor, except as expressly set forth in Paragraph 4 below and in the attached Exhibit B. Tenant shall be responsible for performance of any Tenant required improvement work to the Must-Take CB Space Premises shall be borne by the parties as provided in the Completion Agreement. Except as expressly provided in the Completion Agreement, any tenant improvements to the Premises for which Landlord shall be responsible shall be subject to the following:
(a) Tenant may substitute different new material (except exterior window coverings) or make changes to the final working drawings and specifications only with Landlord's prior express approval, which may be withheld in Landlord's sole discretion. Any substitutions or changes must be shown on the terms working drawings and in the specifications and shall be of equal or better quality than the items originally designated and must be deemed by Landlord to be in conformance with the quality and design criteria established within the Building. In the event Landlord shall approve of any requested substitution or change, Tenant shall bear the cost of making any changes to the working drawings and specifications as well as any additional costs occasioned by the change or substitution, including costs of disruption and delay. Tenant shall pay such additional costs to Landlord within ten (10) days of receipt of Landlord's invoice for the same.
(b) It is agreed that notwithstanding the date provided in this Lease for the commencement of the attached Exhibit B. Tenant shall be allowed early entry into the Must-Take CB Space for the performance of the TI Work (as defined in Exhibit B) provided that such early entry Term, Tenant's obligation to pay Rent shall not interfere with or delay commence until the progress tenant improvement work has been sufficiently completed to enable issuance of Landlord’s Work (as defined in Paragraph 4 below). If Substantial Completion (as defined in Exhibit B) of the TI Work occurs prior to August 1, 2010, then provided that Tenant has given to Landlord a copy of Tenant’s certificate of occupancy for Suite 160 (to include the Must-Take CB Space)subject space; provided, Tenant however, that if Landlord shall be allowed early entrydelayed in sufficiently completing said work as a result of Tenant's request for substitution of materials, use finishes, fixtures, equipment or installations or any other change to the working drawings and occupancy specifications requested by Tenant and approved by Landlord, or the failure of Tenant to provide timely approvals of working drawings or other specifications necessary for completion of the Must-Take CB Space for work, then the commencement of business therefrom subject to all the provisions Commencement Date of the Term of this Lease including and the insurance requirements in Article 11 payment of the Lease, but excluding liability to pay rent during such early entry period, other than payment by Tenant of utility costs including electric costs associated with the Must-Take CB Space). Said early possession shall not advance the scheduled Lease Term expiration date of October 31, 2013be extended.
Appears in 1 contract
Tenant Improvement Work. Subject (1) Building Loans shall be made to Paragraph 4 below Borrower in connection with Tenant Improvement Allowances and Tenant Improvement Work in accordance with this Section 4.5.
(2) The first request for disbursement for any Tenant Improvement Allowance in connection with a specific Approved Lease shall be accompanied by the following, all of which shall be subject to the attached Exhibit B and further subject reasonable approval of Administrative Agent to compliance the extent Borrower has approval rights with respect thereto pursuant to the terms of the applicable Approved Lease (any such approval or disapproval to be made by Landlord Administrative Agent within a reasonably sufficient time for Borrower to comply with its repair and maintenance obligations any time limits set forth in the Lease, Tenant accepts the Must-Take CB Space applicable Approved Lease for the Term in its “AS-IS” condition. Tenant acknowledges that Borrower’s response):
(a) no representationsall documentation required to be delivered by the applicable tenant pursuant to its respective Approved Lease;
(b) if not already delivered to Administrative Agent, express or implied, regarding the condition a copy of the Must- Take CB Space fully executed Approved Lease (already approved by Administrative Agent) covering such leased space;
(c) copies of all contracts, if not previously delivered to Administrative Agent, for the performance of such Tenant Improvement Work;
(d) a cost breakdown for each trade performing such Tenant Improvement Work in such leased space, and an estimated commencement and completion date;
(e) an estimate of all costs of the Tenant Improvement Work to be performed in such leased space;
(f) the Tenant Improvement Plans for the applicable leased space, together with a certificate from Borrower’s Architect or the tenant’s architect that such Tenant Improvement Plans comply with all Applicable Law affecting the Project and such leased space; and
(g) copies of all Government Approvals required to commence such Tenant Improvement Work.
(3) The Lender’s obligation to make disbursements of any Building Loans for Tenant Improvement Work shall be subject to the further condition precedent that all of the following requirements shall have been completed to the reasonable satisfaction of Administrative Agent:
(a) To the extent tenant is obligated to provide such things to Borrower, Lead Borrower shall have furnished to Administrative Agent and the Construction Consultant copies of all Change Orders, contracts or purchase orders relating to Tenant Improvement Work performed pursuant to the contracts described in this Section 4.5; and
(b) loans shall be made by Landlord for Tenant Improvement Allowances only to Tenantthe extent the applicable tenant is then entitled to receive such Tenant Improvement Allowance pursuant to the terms of its applicable Approved Lease;
(c) no mechanic’s liens shall have been filed against the Project in connection with the work being performed under the applicable Approved Lease; and
(d) Borrower shall have complied with all implied warranties the other applicable conditions precedent to a disbursement of a Building Loan contained in Schedule 4 and Article 4 of this Agreement.
(4) Administrative Agent’s obligation to make disbursements of the final Building Loans to Lead Borrower for Tenant Improvement Work for any Approved Lease is subject to the further condition precedent that all of the following requirements shall have been completed to the reasonable satisfaction of Administrative Agent:
(a) Construction Completion has been achieved with respect to the Must-Take CB Space, including but not limited to those applicable Tenant Improvement Work free of merchantability and fitness for a particular purpose, are expressly negated and waived, and mechanics’ liens unless such liens shall be bonded or otherwise removed of record or the Title Company shall have provided affirmative coverage in accordance with Schedule 4 — Part C;
(b) Landlord Administrative Agent and the Construction Consultant shall not be required to perform any demolition work have received the following items in connection with each Building Loan:
(i) copies of all final waivers of lien (or tenant finish work in the Premises or to provide any allowances thereforconditional lien waivers) and sworn statements from contractors, except as expressly set forth in Paragraph 4 below subcontractors and in the attached Exhibit B. Tenant shall be responsible for performance of any Tenant required improvement work material suppliers relating to the Must-Take CB Space applicable Tenant Improvement Work;
(ii) a certificate from Borrower’s Architect, the tenant’s architect or another architect satisfactory to Administrative Agent that (A) Construction Completion has been achieved with respect to the applicable Tenant Improvement Work in accordance with the applicable Tenant Improvement Plans therefor previously approved by Administrative Agent and (B) the applicable Tenant Improvement Work complies with all applicable building codes;
(iii) copies of all applicable Government Approvals required by any Governmental Authority for the occupancy and operation of the space covered by the applicable Approved Lease;
(iv) an estoppel certificate, in a form acceptable to Administrative Agent, from the tenant under the applicable Approved Lease pursuant to which such Tenant Improvement Work was constructed stating that such tenant accepts the Tenant Improvement Work subject to Punch List Items (which, if incomplete on the terms date of final disbursement for such Tenant Improvement Work, Administrative Agent may hold back an amount equal to (x) 115% of the attached Exhibit B. estimated cost of completing such items from the final disbursement minus (y) any Retainage that Administrative Agent is still holding with respect to the applicable Tenant shall Improvement Work, such amount to be allowed early entry into paid to Lead Borrower on the Must-Take CB Space for completion of such items and the performance satisfaction of the TI Work (as defined in Exhibit B) provided that such early entry shall not interfere with or delay the progress of Landlord’s Work (as defined in Paragraph 4 below). If Substantial Completion (as defined in Exhibit B) of the TI Work occurs prior to August 1, 2010, then provided that Tenant has given to Landlord a copy of Tenant’s certificate of occupancy for Suite 160 (to include the Must-Take CB Space), Tenant shall be allowed early entry, use and occupancy of the Must-Take CB Space for the commencement of business therefrom subject to all the provisions of the Lease including the insurance requirements in Article 11 of the Lease, but excluding liability to pay rent during such early entry period, other than payment by Tenant of utility costs including electric costs associated with the Must-Take CB Space). Said early possession shall not advance the scheduled Lease Term expiration date of October 31, 2013.of
Appears in 1 contract
Tenant Improvement Work. (a) Subject to the conditions contained in Paragraph 2(c) above, Lessor shall, at Lessor’s sole cost and expense cause the following tenant improvement work (“Lessor’s Tenant Improvement Work”) in the Premises based on the floor plan of the Premises attached hereto as Exhibit “B,” to be substantially completed prior to the Commencement Date:
(1) Install all existing cubes/furniture located on the second floor into the Premises, per a mutually agreed upon cube plan;
(2) Replace the carpeting and install tile in the Kitchen;
(3) Paint walls as indicated by Lessee; and
(4) Replace existing artwork located in the common areas of the second floor.
(b) Lessor’s Tenant Improvement Work shall be performed by a general contractor selected by Lessor pursuant to a construction contract between Lessor and the contractor describing Lessor’s Tenant Improvement Work and the scheduled completion date.
(c) Lessor shall cause Lessor’s Tenant Improvement Work to be performed in accordance with all applicable Laws, in a good and workmanlike manner, free of defects and using new materials and equipment of good quality. Lessor shall cause Lessor’s contractor to correct at the contractor’s expense any defects in any of the work noted by Lessee or by Lessor within one hundred twenty (120) days after the Commencement Date. Any needed repairs to Lessor’s Tenant Improvement Work thereafter shall be performed by Lessor and included in Operating Expenses pursuant to Paragraph 5 if the nature of such repairs is that it falls under Lessor’s maintenance and repair obligations, otherwise such repairs shall be made by Lessee at Lessee’s expense.
(d) Subject to Paragraph 4 below 2(c), Lessor shall cause the Premises to be in the condition required by Paragraph 2(c), including in compliance with the Americans With Disabilities Act (ADA) on the Commencement Date. Lessee shall give written notice to Lessor of any defect in any of the foregoing elements of the Building within one hundred twenty (120) days after the Commencement Date, and Lessor shall cause any such defect specified by Lessee to be repaired, at Lessor’s expense, as soon as possible. Any needed repairs to any of the foregoing elements of the Building of which Lessee gives Lessor written notice after such period shall be performed by Lessor and included in Operating Expenses pursuant to Paragraph 5.
(e) Subject to the attached Exhibit B completion of Lessor’s Tenant Improvement Work, and further subject the performance by Lessor of Lessor’s obligations under Paragraphs 2(c) and 2(d), Lessee waives all right to compliance by Landlord with its repair make repairs at the expense of Lessor, or to deduct the costs thereof from the rent, and maintenance obligations in Lessee waives all rights under Section 1941 and 1942 of the Civil Code of the State of California. At the expiration or sooner termination of this Lease, Tenant accepts Lessee shall surrender the Must-Take CB Space Premises and Lessor’s workstation furniture (cubes) in a clean and as good condition as received, except for ordinary wear and tear and except for damage caused by casualty, the Term in its “AS-IS” condition. Tenant acknowledges elements, acts of God, a taking by eminent domain, maintenance that (a) no representationsis Lessor’s responsibility hereunder, express alterations or implied, regarding the condition of the Must- Take CB Space have been other improvements made by Landlord to Tenant; all implied warranties Lessee with respect to the Must-Take CB Space, including but Lessor’s prior written consent which Lessee is not limited to those of merchantability and fitness for a particular purpose, are expressly negated and waived, and (b) Landlord shall not be required to perform any demolition work remove as a condition to Lessor’s approval of such alterations or tenant finish work in the Premises or to provide any allowances therefor, except as expressly set forth in Paragraph 4 below and in the attached Exhibit B. Tenant shall be responsible for performance of any Tenant required improvement work to the Must-Take CB Space on the terms of the attached Exhibit B. Tenant shall be allowed early entry into the Must-Take CB Space for the performance of the TI Work (as defined in Exhibit B) provided that such early entry shall not interfere with or delay the progress of Landlord’s Work (as defined in Paragraph 4 below). If Substantial Completion (as defined in Exhibit B) of the TI Work occurs prior to August 1, 2010, then provided that Tenant has given to Landlord a copy of Tenant’s certificate of occupancy for Suite 160 (to include the Must-Take CB Space), Tenant shall be allowed early entry, use and occupancy of the Must-Take CB Space for the commencement of business therefrom subject to all the provisions of the Lease including the insurance requirements in Article 11 of the Lease, but excluding liability to pay rent during such early entry period, other than payment by Tenant of utility costs including electric costs associated with the Must-Take CB Space). Said early possession shall not advance the scheduled Lease Term expiration date of October 31, 2013improvements.
Appears in 1 contract
Samples: Lease (Rocket Fuel Inc.)
Tenant Improvement Work. Subject Following the Commencement Date, Tenant shall commence to Paragraph 4 below install Tenant's Equipment and other improvements on the Premises in accordance with the plans and specifications dated , prepared by , Tenant's architect or engineer, which have been approved by City (such work is called the "Tenant Improvement Work" or "Tenant Improvements" and such plans and specifications are called the "Approved Plans"). A copy of the Approved Plans is attached hereto as Exhibit C. The Approved Plans may be altered, subject to the attached Exhibit B prior written and reasonable approval of City, if required in order for Tenant to obtain any permits or approvals necessary for construction of the Tenant Improvements. Tenant shall be responsible, at its cost, for performing the Tenant Improvement Work in accordance with the Approved Plans and otherwise in compliance with the standards contained in Section 8.1 (Tenant's Alterations). Tenant shall further subject be responsible, at its cost, for obtaining all permits and licenses required in connection with the Tenant Improvements and satisfy any conditions or mitigation measures approved in connection therewith. No Tenant Improvement Work shall commence until Tenant has first obtained all necessary permits and approvals for Tenant to compliance by Landlord with its repair be legally entitled to construct the Tenant Improvements and maintenance obligations in has provided a copy of those permits and approvals to the LeaseSFMTA. Tenant shall not: (i) alter, Tenant accepts the Must-Take CB Space replace, modify, or add to any of Tenant’s Equipment, or (ii) make a request to City’s Planning Department for the Term any zoning, design and environmental approvals needed from City, in its regulatory capacity, for such proposed modifications (“AS-IS” conditionPlanning Department Approvals”), without City’s prior written consent, which may be withheld or conditioned in City’s sole discretion. Tenant acknowledges that (a) no representations, express or implied, regarding the condition City’s approval of any proposed modification of the Must- Take CB Space have been made Tenant Equipment requested by Landlord Tenant pursuant to Tenant; all implied warranties with respect this Lease may be conditioned on, among other requirements, changes to improve the design or reduce the impact of the proposed modifications to the Must-Take CB Space, including but not limited to those of merchantability and fitness for a particular purpose, are expressly negated and waivedsurrounding environment, and (b) Landlord shall not be required conditioned on written evidence that City’s Planning Department has granted the Planning Department Approvals for such proposed modification. If Tenant wishes to perform make any demolition work exchange or tenant finish work replacement of Tenant’s Equipment within the Premises that requires City’s written consent, City shall have the right to condition its approval of such requested exchange or replacement on and increase in the Base Rent, in accordance with the Equipment Schedule attached hereto as Exhibit E and incorporated herein by this reference. Tenant acknowledges that City shall have the sole discretion in deciding whether to approve any proposed addition to the Tenant’s Equipment within the Premises or to provide any allowances therefor, except as expressly set forth in Paragraph 4 below and in the attached Exhibit B. Tenant shall be responsible for performance of any Tenant required improvement work to the Must-Take CB Space on the terms proposed exchange or replacement of the attached Exhibit B. Tenant shall be allowed early entry into the Must-Take CB Space for the performance Tenant’s Equipment that would result in any expansion of the TI Work (as defined Premises, including the right to condition such approval on an increase in Exhibit B) provided that such early entry shall not interfere with Base Rent. Notwithstanding the foregoing, Tenant may perform any maintenance, repairs, like-for-like exchanges or delay the progress of Landlord’s Work (as defined in Paragraph 4 below). If Substantial Completion (as defined in Exhibit B) of the TI Work occurs prior to August 1, 2010, then provided that Tenant has given to Landlord a copy similar replacements of Tenant’s certificate Equipment and may make modifications within the interior of occupancy for Suite 160 any of Tenant’s Equipment without prior approval of City so long as the like-for-like exchanges or similar replacements of Tenant’s Equipment do not pose any greater danger to the Building than the Tenant’s Equipment to be so exchanged or replaced, will comply with Section 12.3 (to include the Must-Take CB SpaceFloor Load), and Tenant shall be allowed early entryobtains all regulatory approvals required for such exchanges, use and occupancy of the Must-Take CB Space for the commencement of business therefrom subject to all the provisions of the Lease including the insurance requirements in Article 11 of the Leasereplacement, but excluding liability to pay rent during such early entry period, other than payment by Tenant of utility costs including electric costs associated with the Must-Take CB Space). Said early possession shall not advance the scheduled Lease Term expiration date of October 31, 2013or modifications.
Appears in 1 contract
Samples: Communications Site Lease
Tenant Improvement Work. Subject All work to Paragraph 4 below and to be completed in connection with the attached Exhibit B and further subject to compliance Project by Landlord with its repair or Landlord's affiliate which is over and maintenance obligations in above the LeaseBuilding Shell Work shall be deemed to be "Tenant Improvement Work". Landlord, Tenant accepts or Landlord's affiliate, shall serve as the Must-Take CB Space General Contractor for the Term in its “AS-IS” conditionTenant Improvement Work. Tenant acknowledges that shall have the right to require Landlord to competitively bid subcontracts and/or to require Landlord to obtain at least three (a3) no representations, express or implied, regarding competitive bids for each major trade necessary to complete the condition Tenant Improvement Work. Copies of all said bids for the Must- Take CB Space have been made Tenant Improvement Work shall be provided by Landlord to Tenant; . Landlord, or its affiliate, shall receive seven percent (7%) of the "Tenant Improvement Construction Cost" (hereinafter defined) as its fee for serving as General Contractor of the Tenant Improvement Work. For purposes of this SECTION 1.10, "Tenant Improvement Construction Cost" shall be the total of (a) the final subcontract sums of all implied warranties with respect construction subcontracts, including sales, use or similar taxes, procured by Landlord or its affiliate for the Tenant Improvement Work (but this shall not preclude Tenant from contracting directly for improvements or installations to the Must-Take CB SpaceLeased Premises, including such as data and telephone cabling and modular partition installations, which if contracted directly and the completion of which is not supervised by Landlord or Landlord's affiliate shall not be deemed to be a Tenant Improvement Construction Cost but not limited rather shall be deemed to those of merchantability and fitness for a particular purposebe "Tenant Improvements By Tenant"), are expressly negated and waived, and (b) Landlord shall remuneration, including welfare or other benefits payable to personnel of Landlord's (or Landlord's affiliate) when stationed at the Project field office, but in an amount not be required to perform any demolition work or tenant finish work exceed $25,000.00 in the Premises aggregate, (c) subject to prior written approval of Tenant, fees of testing laboratories and services, if any, (d) costs, including transportation and maintenance, of all materials, supplies, equipment, and temporary facilities reasonably and necessarily used or to provide any allowances therefor, except as expressly set forth consumed in Paragraph 4 below and in the attached Exhibit B. Tenant shall be responsible for performance of any Tenant required improvement work to the Must-Take CB Space on the terms of the attached Exhibit B. Tenant shall be allowed early entry into the Must-Take CB Space for the performance of the TI Tenant Improvement Work, (e) losses and expenses, not compensated by insurance or otherwise, sustained by Landlord or Landlord's affiliate in connection with the Tenant Improvement Work, provided said loss or expense is not due to Landlord or Landlord's affiliate's negligence, but in an amount not to exceed $10,000.00 in the aggregate, (f) costs of the building permit for the Tenant Improvement Work and for other permits, licenses and inspections reasonably and necessarily attendant to the Tenant Improvement Work, (g) subject to prior written approval of Tenant, the portion of reasonable travel and subsistence expenses of Landlord or its affiliate's officers or employees incurred while traveling in the discharge of their duties reasonably, necessarily and specifically connected with the Tenant Improvement Work. Except as specifically provided above, no other costs or expenses (including, without limitation, general conditions) shall be included in the Tenant Improvement Construction Costs. Tenant shall have the right to select specific trade subcontractors to perform the Tenant Improvement Work, subject to Landlord's reasonable approval, which approval shall not be unreasonably withheld, conditioned or delayed. Nonetheless, Landlord shall have the right to reject subcontractors so selected by Tenant if in Landlord's reasonable opinion the selection of said subcontractors will have a negative affect on the Substantial Completion of the Project and/or on the Project Schedule. Plans for the Tenant Improvement Work shall be prepared by Tenant's interior space designer (in cooperation with Landlord, Tenant and the Building Architect) ("Tenant Improvement Plans") and Tenant's interior space designer shall certify that said Tenant Improvement Plans have been prepared in accordance with all applicable codes, ordinances, laws and regulations and are complete in all material respects. Landlord shall cause the Tenant Improvement Work to be completed (i) in a good and workmenlike manner, free of any mechanics liens or any other liens which could cause a forfeiture of any of Tenant's rights hereunder or which could interfere with Tenant's quiet enjoyment of the Leased Premises or the Permitted Uses [and if any such forfeiture or interference is actually threatened, Landlord shall provide for the release of such lien(s) by bonding or otherwise], at its sole cost and expense and (ii) in accordance with said Tenant Improvement Plans and the Project Schedule. The reasonable and necessary Tenant Improvement Construction Costs of the Tenant Improvement Work actually incurred shall be paid by Landlord on a percentage of completion basis [but with a retention (absent an agreement between Landlord and Tenant to the contrary) of not less than five percent (5%)] following receipt of appropriate invoices (and Landlord shall promptly provide copies of said invoices for the Tenant Improvement Work to Tenant and shall keep Tenant generally appraised of all payments made for said Tenant Improvement Construction Cost). Landlord shall apply, pro tanto, the Tenant Improvement Allowance (as defined in Exhibit Bhereinafter defined) provided that such early entry shall not interfere with or delay toward the progress of Tenant Improvement Construction Cost as the cost thereof becomes payable. Landlord’s Work (as defined in Paragraph 4 below). If Substantial Completion (as defined in Exhibit B) 's application of the TI Work occurs prior Tenant Improvement Allowance to August 1, 2010, then provided that the Tenant has given Improvement Construction Cost shall be subject to Landlord a copy reasonable rights of review and approval of each such application by Tenant’s certificate of occupancy for Suite 160 (to include . To the Must-Take CB Space)extent the Tenant Improvement Construction Costs exceed the Tenant Improvement Allowance, Tenant shall be allowed early entryreimburse Landlord, use and occupancy on a monthly basis, following receipt by Tenant from Landlord of invoices in reasonable detail for Tenant Improvement Construction Costs for completed Tenant Improvement Work in excess of the Must-Take CB Space for the commencement of business therefrom subject to all the provisions Tenant Improvement Allowance. Upon Substantial Completion of the Lease including the insurance requirements in Article 11 Project, if any portion of the Tenant Improvement Allowance is not expended as aforesaid or otherwise in this Lease provided, Landlord shall, at Tenant's direction pay any remaining portion directly to Tenant's Contractors for Tenant Improvements By Tenant or shall pay said sum directly to Tenant or shall apply same to Rent next coming due pursuant to the terms of this Lease, but excluding liability . Any disputes between Landlord and Tenant as to pay rent during such early entry period, other than payment by the construction and completion of Tenant of utility costs including electric costs associated with Improvement Work or the Must-Take CB Space). Said early possession Tenant Improvement Construction Costs shall not advance the scheduled Lease Term expiration date of October 31, 2013be submitted to Dispute Resolution as provided in SECTION 3.22 hereof.
Appears in 1 contract
Samples: Office Lease (Express Scripts Inc)
