Tenant Improvements. Tenant will cause to be constructed, at Tenant’s sole cost and expense (subject to Landlord’s payment of the Improvement Allowance), the Tenant Improvements. The Tenant Improvements will be designed and constructed as described in this Exhibit “D”. Tenant will select the Contractor to be the general contractor to perform the Work. Landlord shall have the right to approve (such approval not to be unreasonably withheld, conditioned or delayed) the Contractor and all subcontractors that will be performing any portion of the Work. All contractors that will be performing any portion of the Work shall be union contractors. Tenant will pay all direct and indirect costs of the design and construction of the Tenant Improvements (subject to the Landlord’s payment of the Improvement Allowance as provided for herein). Such costs may include, without limitation, all costs of preparing the Space Plan, construction document preparation, design, Plans and Specifications, general conditions, labor, materials, and other construction costs, the fees (on an hourly basis) of Contractor’s project manager and site superintendent for the Tenant Improvements, and all costs incurred in connection with obtaining permits for the Tenant Improvements. For all purposes of ownership, including risk of loss thereto, the Tenant Improvements will immediately upon installation be and remain a part of the Building and the property of Landlord, provided that as provided in Section 15 of this Lease, Landlord may require Tenant to remove same upon the expiration or earlier termination of the Lease Term. Tenant currently occupies the Premises under the Existing Sublease and Landlord permits Tenant to immediately commence construction of the Tenant Improvements from and after the Effective Date of this Lease [subject to Tenant’s compliance with the terms and conditions of the Existing Sublease (if then applicable), including, without limitation, Tenant’s receipt of approval from Tenant’s sublessor thereunder]. Tenant shall use its best efforts to complete the Tenant Improvements on or before July 31, 2017. Notwithstanding the foregoing sentence to the contrary, as part of the Tenant Improvements, Tenant shall perform the work necessary to separately demise the Premises from the remaining portion of the sixth (6th) floor of the Building, including the installation of a demising wall (the “Demising Work”) on or before April 1, 2017. Tenant acknowledges that the tenant in the premises adjacent to the Premises will also be performing demising work. Tenant’s performance of the Demising Work shall be coordinated with Landlord and Tenant shall cooperate with Landlord and/or Landlord’s contractors in all ways to ensure the efficient and expeditious scheduling, staging and performance of the Demising Work. The Demising Work shall not adversely affect any construction work being performed by or for Landlord or its tenants and shall be performed in harmony with Landlord’s contractors and subcontractors and with other contractors and subcontractors in the Complex. Tenant shall impose on and enforce all applicable terms of this Tenant Improvements Agreement against Tenant’s contractors. Landlord shall have the right to order Tenant or any of Tenant’s contractors who violate the requirements imposed on Tenant or Tenant’s contractors in performing the Demising Work to cease performance of the Demising Work and to remove its equipment and employees from the Building. No such action by Landlord shall cause any extension of the Commencement Date nor relieve Tenant from any of its obligations under the Lease. Further, notwithstanding anything herein to the contrary, any delay in the completion of the Demising Work, or any interference to Tenant’s business operations or inconvenience suffered by Tenant during the performance of any adjacent tenant’s demising work shall not subject Landlord to any liability for any loss or damages resulting there from nor entitle Tenant to any credit, abatement or adjustment of Rent or other sum payable under the Lease, as amended hereby. During Tenant’s design, construction and installation of the Tenant Improvements, Tenant shall pay for all Building services and utilities, if and to the extent required, (i) in accordance with the Existing Sublease from the Effective Date through March 31, 2017, and (ii) in accordance with this Lease from and after April 1, 2017.
Appears in 3 contracts
Samples: Office Lease Agreement, Office Lease Agreement (Aptinyx Inc.), Office Lease Agreement (Aptinyx Inc.)
Tenant Improvements. Subject to this Section 4, Tenant will cause to be constructed, at Tenant’s sole cost and expense shall accept the Suite 110 Premises in its “as is” condition (subject to Landlord’s payment 's continuing repair and maintenance obligations, as outlined in Section 10 of the Improvement AllowanceLease (as may be amended)), the Tenant Improvements. The Tenant Improvements will be designed and constructed as described in this Exhibit “D”. Tenant will select the Contractor to be the general contractor to perform the Work. Landlord shall have no obligation to make any alterations or improvements thereto whatsoever (provided that Landlord shall deliver same in good and tenantable condition, broom clean, with all systems serving same in good working order). Any alterations that Tenant desires to make in the right to approve (such approval not to be unreasonably withheld, conditioned or delayed) the Contractor and all subcontractors that will be performing any portion of the Work. All contractors that will be performing any portion of the Work Suite 110 Premises shall be union contractors. Tenant will pay all direct and indirect costs of the design and construction of the Tenant Improvements (subject to the Landlord’s payment of the Improvement Allowance as provided for herein). Such costs may include, without limitation, all costs of preparing the Space Plan, construction document preparation, design, Plans and Specifications, general conditions, labor, materials, and other construction costs, the fees (on an hourly basis) of Contractor’s project manager and site superintendent for the Tenant Improvements, and all costs incurred in connection with obtaining permits for the Tenant Improvements. For all purposes of ownership, including risk of loss thereto, the Tenant Improvements will immediately upon installation be and remain a part of the Building and the property of Landlord, provided that as provided in Section 15 of this Lease, Landlord may require Tenant to remove same upon the expiration or earlier termination of the Lease Term. Tenant currently occupies the Premises under the Existing Sublease and Landlord permits Tenant to immediately commence construction of the Tenant Improvements from and after the Effective Date of this Lease [subject to Tenant’s compliance with the terms and conditions set forth in Section 11 of the Existing Sublease (if then applicable), including, without limitation, Tenant’s receipt of approval from Tenant’s sublessor thereunder]. Tenant shall use its best efforts to complete the Tenant Improvements on or before July 31, 2017Lease. Notwithstanding anything in the foregoing sentence Lease to the contrary, as part Landlord hereby agrees to grant Tenant an allowance in the amount of $10,000 to be applied toward the cost (including architectural and engineering fees) of alterations performed by Tenant Improvements, Tenant shall perform in the work necessary to separately demise the Suite 110 Premises from the remaining portion of the sixth (6th) floor of the Building, including the installation of a demising wall (the “Demising WorkGranted Allowance”) on or before April 1, 2017. Tenant acknowledges that the tenant in the premises adjacent to the Premises will also be performing demising work. conjunction with Tenant’s performance initial occupancy of the Demising Work shall be coordinated with Landlord and Tenant shall cooperate with Landlord and/or Landlord’s contractors in all ways to ensure the efficient and expeditious scheduling, staging and performance Suite 110 Premises. Provided no Event of the Demising Work. The Demising Work shall not adversely affect any construction work being performed by or for Landlord or its tenants and shall be performed in harmony with Landlord’s contractors and subcontractors and with other contractors and subcontractors in the Complex. Tenant shall impose on and enforce all applicable terms of this Tenant Improvements Agreement against Tenant’s contractors. Landlord shall have the right to order Tenant or any of Tenant’s contractors who violate the requirements imposed on Tenant or Tenant’s contractors in performing the Demising Work to cease performance of the Demising Work and to remove its equipment and employees from the Building. No such action by Landlord shall cause any extension of the Commencement Date nor relieve Tenant from any of its obligations under the Lease. Further, notwithstanding anything herein to the contrary, any delay in the completion of the Demising Work, or any interference to Tenant’s business operations or inconvenience suffered by Tenant during the performance of any adjacent tenant’s demising work shall not subject Landlord to any liability for any loss or damages resulting there from nor entitle Tenant to any credit, abatement or adjustment of Rent or other sum payable Default then exists under the Lease, as amended herebythe Granted Allowance (or portions thereof) shall be disbursed to Tenant within thirty (30) days following Tenant's submission to Landlord of paid invoices for work related to alterations performed by Tenant in the Suite 110 Premises, accompanied by waivers of liens executed by all contractors employed by Tenant for the performance of such work. During If the cost of Tenant’s design, construction and installation 's alterations in the Suite 110 Premises exceeds the amount of the Granted Allowance, the excess shall be paid by Tenant Improvementsafter the Granted Allowance is fully exhausted. Any portion of the Granted Allowance that has not been applied (or contracted to be applied) in the manner set forth above by the date which is twelve (12) months following the Eighth Amendment Commencement Date shall revert to Landlord, and Tenant shall pay for all Building services and utilities, if and to the extent required, (i) in accordance have no further rights with the Existing Sublease from the Effective Date through March 31, 2017, and (ii) in accordance with this Lease from and after April 1, 2017respect thereto.
Appears in 3 contracts
Samples: Lease Agreement (Precision Biosciences Inc), Lease Agreement (Precision Biosciences Inc), Lease Agreement (Precision Biosciences Inc)
Tenant Improvements. (a) On or before February 15, 2003, Tenant will shall prepare or cause to be constructed, at Tenant’s sole cost prepared and expense (subject delivered to Landlord’s payment of Landlord detailed final plans and specifications showing all improvements and alterations which Tenant desires to make to the Improvement Allowance), the Tenant Improvements. The Tenant Improvements will be designed and constructed as described in this Exhibit “D”. Tenant will select the Contractor to be the general contractor to perform the WorkPremises. Landlord shall have approve or disapprove said plans and specifications within fifteen (15) business days of the right to approve receipt thereof, stating the reason for any disapproval in writing. If Tenant has not received comment within said fifteen (such 15) day period from Landlord in writing, Landlord’s approval not shall be deemed granted. Once approved by Landlord and Tenant, the aforesaid final plans and specifications shall be deemed to be unreasonably withheld“Tenant Plans”.
(b) So long as Tenant is not in default hereunder, conditioned Landlord agrees to pay to Tenant’s contractor as designated in writing by tenant (“Contractor”) an allowance of twenty seven dollars ($27) per square foot of usable Square Feet or delayedtwo hundred five thousand and two hundred Dollars ($205,200.00) the Contractor and all subcontractors that will (“Allowance”) to be performing any portion of the Work. All contractors that will be performing any portion of the Work shall be union contractors. Tenant will pay all direct and indirect costs of the design and construction of the Tenant Improvements (subject applied to the Landlord’s payment of the Improvement Allowance as provided for herein). Such costs may include, without limitation, all costs of preparing the Space Plan, construction document preparation, design, Plans and Specifications, general conditions, labor, materials, and other construction costs, the fees (on an hourly basis) of Contractor’s project manager and site superintendent for the Tenant Improvements, and all costs expenses incurred in connection with obtaining permits for the Tenant Improvements. For all purposes of ownership, including risk of loss thereto, the Tenant Improvements will immediately upon installation be and remain a part of the Building and the property of Landlord, provided that as provided in Section 15 of this Lease, Landlord may require Tenant to remove same upon the expiration or earlier termination of the Lease Term. Tenant currently occupies the Premises under the Existing Sublease and Landlord permits Tenant to immediately commence construction completion of the Tenant Improvements from and after the Effective Date of this Lease [subject to Tenant’s compliance with the terms and conditions of the Existing Sublease (if then applicable), including, without limitation, Tenant’s receipt of approval from Tenant’s sublessor thereunder]Plans. Tenant shall submit Contractor’s bills to Landlord at the completion of every calendar month and Landlord shall make payments of the Allowance to Contractor within ten (10) days thereafter. .
(c) Tenant shall submit said Tenant Plans to the City of Xxxxx within ten (10) days after Landlord’s approval, and shall use its best all reasonable efforts to complete obtain all necessary permits from the City of Xxxxx. Tenant shall cause the tenant improvement work in the Premises to be completed promptly after the issuance of a permit of Tenant Improvements on or before July 31, 2017at Tenant’s expense in accordance with Tenant’s Plans. Notwithstanding The Lease will commence upon the foregoing sentence to the contrary, as part earlier of the Tenant Improvementscompletion of tenant improvements or June 17, 2003 subject only to delays caused by events of force majeure. In the performance of such work, Tenant shall perform the work necessary to separately demise the Premises from the remaining portion be governed by Article 12 of the sixth (6th) floor of the BuildingLease, including the installation of a demising wall (the “Demising Work”) on or before April 1, 2017. Tenant acknowledges that the tenant in the premises adjacent to the Premises will also be performing demising work. Tenant’s performance of the Demising Work shall be coordinated with Landlord and Tenant shall cooperate with Landlord and/or Landlord’s contractors in all ways to ensure the efficient and expeditious scheduling, staging and performance of the Demising Work. The Demising Work shall not adversely affect any construction work being performed by or for Landlord or its tenants and shall be performed in harmony compliance with Landlord’s contractors and subcontractors and with other contractors and subcontractors all governmental building codes in the Complex. Tenant shall impose on and enforce all applicable terms of this Tenant Improvements Agreement against Tenant’s contractors. Landlord shall have the right to order Tenant or any of Tenant’s contractors who violate the requirements imposed on Tenant or Tenant’s contractors in performing the Demising Work to cease performance of the Demising Work and to remove its equipment and employees from the Building. No such action by Landlord shall cause any extension of the Commencement Date nor relieve Tenant from any of its obligations under the Lease. Further, notwithstanding anything herein to the contrary, any delay in the completion of the Demising Work, or any interference to Tenant’s business operations or inconvenience suffered by Tenant during the performance of any adjacent tenant’s demising work shall not subject Landlord to any liability for any loss or damages resulting there from nor entitle Tenant to any credit, abatement or adjustment of Rent or other sum payable under the Lease, as amended hereby. During Tenant’s design, construction and installation of the Tenant Improvements, Tenant shall pay for all Building services and utilities, if and to the extent required, (i) in accordance with the Existing Sublease from the Effective Date through March 31, 2017, and (ii) in accordance with this Lease from and after April 1, 2017an acceptable workmanlike manner.
Appears in 3 contracts
Samples: Office Lease (Arcadia Biosciences, Inc.), Office Lease (Arcadia Biosciences, Inc.), Office Lease (Arcadia Biosciences, Inc.)
Tenant Improvements. The tenant improvement work (“Tenant will cause Improvements”) shall consist of any work required to be constructedcomplete the Premises pursuant to approved plans and specifications. Tenant shall employ its own architect and general contractor in constructing the Tenant Improvements, at Tenant’s sole cost and expense (subject to Landlord’s payment of reasonable prior approval. Notwithstanding the Improvement Allowance)foregoing, if the Tenant ImprovementsImprovement work requires a permit from the City of San Diego, then the general contractor shall be selected and engaged by Tenant on the basis of a competitive bid involving 3 pre-selected general contractors reasonably approved by Landlord and Tenant. The Tenant Improvements will Improvement work shall be designed and constructed as described in this Exhibit “D”. Tenant will select the Contractor to be completed by the general contractor with the lowest bid. The work shall be undertaken and prosecuted in accordance with the following requirements (provided that, to the extent Tenant elects to perform Tenant Improvements without applying the Work. Landlord shall have Contribution (defined below) to the payment of such Tenant Improvements, then (except with respect to Tenant’s right to approve (such approval apply the Landlord Contribution towards the Basic Rent Credit as set forth below) this Work Letter shall not to be unreasonably withheldapply, conditioned or delayed) the Contractor and all subcontractors that will be performing any portion Section 7.3 of the Work. All contractors that will be performing any portion of the Work Lease shall be union contractors. solely applicable to such Tenant will pay Improvements, which shall constitute Alterations for all direct and indirect costs of purposes thereunder):
A. Concurrently with approval being granted by Tenant, the design and construction of the Tenant Improvements (subject to the Landlord’s payment of the Improvement Allowance as provided for herein). Such costs may include, without limitation, all costs of preparing the Space Planspace plans, construction document preparationdrawings and specifications for all improvements and finishes, design, Plans and Specifications, general conditions, labor, materials, and other construction costs, the fees (on an hourly basis) of Contractor’s project manager and site superintendent together with any changes thereto for the Tenant Improvements, shall be submitted to Landlord (with samples as required) for review and all costs incurred in connection with obtaining permits approval by Landlord and its architect for the Tenant Improvements. For all purposes of ownership, including risk of loss thereto, the Tenant Improvements will immediately upon installation be and remain a part Project (as described in Article I of the Building and the property Lease). In lieu of Landlord, provided that as provided in Section 15 of this Leasedisapproving an item, Landlord may require approve same on the condition that Tenant pay to remove same Landlord, prior to the start of construction and in addition to all sums otherwise due hereunder, an amount equal to the cost, as reasonably estimated by Landlord, of removing and replacing the item upon the expiration or earlier termination of the Lease TermLease. Tenant currently occupies Should Landlord approve work that would necessitate any ancillary Building modification or other expenditure by Landlord, then except to the Premises under the Existing Sublease and Landlord permits Tenant to immediately commence construction extent of any remaining balance of the “Landlord Contribution”, Tenant Improvements from and after shall, in addition to its other obligations herein, promptly fund the Effective Date of this Lease [cost thereof to Landlord.
B. All construction drawings prepared by Tenant’s architect shall follow Landlord’s CAD standards, which standards shall be provided to Tenant or its architect upon request.
C. Landlord shall, subject to Tenant’s compliance with the terms and conditions foregoing, approve or disapprove any submittal of the Existing Sublease (if then applicable), including, without limitation, Tenant’s plans or specifications by Tenant within 5 business days following receipt of approval from Tenant’s sublessor thereunder]. thereof by Landlord.
D. Tenant shall use its best efforts the electrical, mechanical, plumbing and fire/life safety engineers and subcontractors designated by Landlord. All other subcontractors shall be subject to complete the Landlord’s reasonable approval.
E. Tenant Improvements on or before July 31, 2017. Notwithstanding the foregoing sentence shall deliver to the contrary, as part Landlord a copy of the Tenant Improvementsfinal application for permit and issued permit for the construction work, Tenant shall perform the work necessary to separately demise the Premises from the remaining portion of the sixth (6th) floor of the Building, including the installation of a demising wall (the “Demising Work”) on or before April 1, 2017. Tenant acknowledges that the tenant in the premises adjacent to the Premises will also be performing demising work. if any.
F. Tenant’s performance general contractor and each of the Demising Work its subcontractors shall be coordinated with Landlord and Tenant shall cooperate with Landlord and/or Landlord’s contractors in all ways to ensure the efficient and expeditious scheduling, staging and performance of the Demising Work. The Demising Work shall not adversely affect any construction work being performed by or for Landlord or its tenants and shall be performed in harmony comply with Landlord’s contractors requirements as generally imposed on third party contractors, including without limitation all insurance coverage requirements and subcontractors the obligation to furnish appropriate certificates of insurance to Landlord prior to commencement of construction.
G. A construction schedule shall be provided to Landlord prior to commencement of the construction work, and with other contractors and subcontractors in weekly updates shall be supplied during the Complex. progress of the work.
H. Tenant shall impose on and enforce all applicable terms of this Tenant Improvements Agreement against Tenant’s contractors. give Landlord shall have the right to order Tenant or any of Tenant’s contractors who violate the requirements imposed on Tenant or Tenant’s contractors in performing the Demising Work to cease performance 10 days prior written notice of the Demising Work commencement of construction so that Landlord may cause an appropriate notice of non-responsibility to be posted.
I. Tenant and to remove its equipment and employees from general contractor shall attend weekly job meetings with Landlord’s construction manager for the Building. No such action by Landlord shall cause any extension of the Commencement Date nor relieve Tenant from any of its obligations under the Lease. Further, notwithstanding anything herein to the contrary, any delay in the completion of the Demising Work, or any interference to Tenant’s business operations or inconvenience suffered by Tenant during the performance of any adjacent tenant’s demising work shall not subject Landlord to any liability for any loss or damages resulting there from nor entitle Tenant to any credit, abatement or adjustment of Rent or other sum payable under the Lease, as amended hereby. During Tenant’s design, construction and installation of the Tenant Improvements, Tenant shall pay for all Building services and utilities, if and to the extent required, (i) in accordance with the Existing Sublease from the Effective Date through March 31, 2017, and (ii) in accordance with this Lease from and after April 1, 2017Project.
Appears in 3 contracts
Samples: Sublease Agreement (Prometheus Biosciences, Inc.), Sublease Agreement (Prometheus Biosciences, Inc.), Lease (Prometheus Biosciences, Inc.)
Tenant Improvements. Tenant will cause to be constructed, at Tenant’s sole cost and expense (subject to Landlord’s payment of the Improvement Allowance), the Tenant Improvements. The Tenant Improvements will be designed and constructed as described in this Exhibit “D”. Tenant will select the Contractor to be the general contractor to perform the Work. Landlord shall have cause the right to approve (Core and Shell Contractor or another Contractor designated by Landlord and approved by Tenant, such approval consent not to be unreasonably withheldwithheld or delayed (“TI Contractor”, conditioned or delayedand together with Core and Shell Contractor, “Contractor”) to commence and thereafter diligently prosecute the Contractor and all subcontractors that will be performing any portion construction of the Work. All contractors that will be performing any portion of tenant improvements in the Premises pursuant to the Work Letter (the “Tenant Improvements”); provided, however, that before performing the Tenant Improvements, Landlord shall be union contractors. Tenant will pay all direct and indirect costs of prepare in good faith an estimated budget for the design and construction of the Tenant Improvements and deliver such budget to Tenant for Tenant’s written approval prior the start of construction (subject the “Budget”). Landlord and Tenant shall work together cooperatively and in good faith to achieve a mutually acceptable Budget. Landlord shall update the LandlordBudget for Tenant’s payment review and approval at reasonable intervals and shall notify Tenant in writing if the Budget is likely to be exceeded. If there is an indication that the Budget is likely to be exceeded, Landlord and Tenant shall work together cooperatively, if required by Tenant, to modify the scope of the Improvement Allowance Tenant Improvements to bring the same in line with a budget reasonably acceptable to Tenant. The Tenant Improvements shall be performed in a workmanlike manner and shall substantially conform with Applicable Laws and the Approved TI Plans (as provided for hereindefined in the Work Letter). Such Tenant shall pay all TI Costs, except that Landlord shall pay for TI Costs that do not exceed the TI Allowance. The “TI Allowance” shall mean (a) One Hundred Twenty Five Dollars ($125.00) per rentable square foot of the Premises (the “Initial TI Allowance”), together with (b) the Additional Allowance. The “TI Costs” shall mean all Tenant Core and Shell Costs (as defined in the Work Letter) and all costs may includeand expenses of performing the TI Work, including without limitation the hard and soft costs of (i) construction, (ii) the Construction Management Fee (as such term is defined in the Work Letter) and any Project or construction management fees paid by Tenant to an unaffiliated third party (such fees not to exceed three percent (3%) of the TI Allowance), (iii) space planning, design, architect, engineering, data and phone cabling and other related services, (iv) costs and expenses for labor, material, equipment, data and phone cabling and fixtures (including, without limitation, all costs any of preparing the Space PlanAttached Property (as defined in Section 18.5), construction document preparation, design, Plans and Specifications, general conditions, labor, materials, (v) building permits and other construction coststaxes, the fees (on an hourly basis) fees, charges and levies by governmental and quasi-governmental agencies for permits or for inspections of Contractor’s project manager and site superintendent for the Tenant Improvements, and all (vi) the Warm Shell Costs. In no event shall the TI Allowance be used for: (w) the purchase of any furniture, personal property or other non-building system equipment, (x) costs incurred resulting from a Tenant Delay, (y) costs resulting from any default by Tenant of its obligations under this Lease, or (z) costs that are recoverable or reasonably recoverable by Tenant from a third party (e.g., insurers, warrantors, or tortfeasors). In the event the estimated total TI Costs (as set forth in connection the Budget) exceed the TI Allowance, Tenant shall deposit with obtaining permits Landlord such overage (the “TI Allowance Excess”), within five (5) business days of receiving the Budget (the “TI Deposit”). In the event Landlord determines the estimate of the TI Costs set forth in the Budget underestimates the amount of TI Costs so that the TI Deposit will not be sufficient to cover the TI Allowance Excess, then Landlord shall communicate the same to Tenant and, if required by Tenant, the parties shall discuss revisions to the Budget and Tenant may make a TI Tenant Change Order Request to reduce TI Costs, and unless the TI Costs are reduced to be within the Budget and previously paid TI Deposit, Tenant shall promptly pay the additional amount to Landlord, and such additional amount shall be added to the TI Deposit. If the sum of the TI Allowance plus the TI Deposit is not sufficient to cover the TI Costs, Tenant shall reimburse Landlord the difference between (a) the TI Costs and (b) the sum of the TI Allowance and the TI Deposit. However, Landlord shall be solely responsible for the Tenant Improvements. For all purposes of ownership, including risk of loss thereto, any costs related to the Tenant Improvements will immediately upon installation be and remain a part of the Building and the property of Landlord, provided that as provided in Section 15 of this Lease, Landlord may require Tenant to remove same upon the expiration or earlier termination of the Lease Term. Tenant currently occupies the Premises under the Existing Sublease and Landlord permits Tenant to immediately commence construction of the Tenant Improvements from and after the Effective Date of this Lease [subject to Tenant’s compliance with the terms and conditions of the Existing Sublease (if then applicable), including, without limitation, Tenant’s receipt of approval from Tenant’s sublessor thereunder]. Tenant shall use its best efforts to complete the Tenant Improvements on or before July 31, 2017. Notwithstanding the foregoing sentence to the contraryextent the same result from Landlord’s gross negligence, as part intentional misconduct or breach of the Tenant Improvements, Tenant shall perform the work necessary to separately demise the Premises from the remaining portion of the sixth (6th) floor of the Building, including the installation of a demising wall (the “Demising Work”) on or before April 1, 2017Lease. Tenant acknowledges that the tenant in the premises adjacent to the Premises will also be performing demising work. Tenant’s performance of the Demising Work shall be coordinated with Landlord and Tenant shall cooperate with work together cooperatively at no cost or risk to Landlord and/or Landlord’s contractors in all ways to ensure the efficient and expeditious scheduling, staging and performance of the Demising Work. The Demising Work shall not adversely affect any construction work being performed by or for Landlord or its tenants and shall be performed in harmony with Landlord’s contractors and subcontractors and with other contractors and subcontractors in the Complex. Tenant shall impose on and enforce all applicable terms of this Tenant Improvements Agreement against maximize Tenant’s contractors. Landlord shall have the right to order Tenant or any of Tenant’s contractors who violate the requirements imposed on Tenant or Tenant’s contractors in performing the Demising Work to cease performance of the Demising Work and to remove its equipment and employees from the Building. No such action by Landlord shall cause any extension of the Commencement Date nor relieve Tenant from any of its obligations under the Lease. Furtherability, notwithstanding anything herein to the contraryextent reasonably possible, any delay in to obtain the completion of the Demising Work, or any interference to Tenant’s business operations or inconvenience suffered by Tenant during the performance benefit of any adjacent tenant’s demising work shall not subject Landlord applicable research and development tax credits with respect to any liability for any loss or damages resulting there from nor entitle Tenant to any credit, abatement or adjustment of Rent or other sum payable under the Lease, as amended hereby. During Tenant’s design, construction and installation of the Tenant Improvements, Tenant shall pay for all Building services and utilities, if and to the extent required, (i) in accordance with the Existing Sublease from the Effective Date through March 31, 2017, and (ii) in accordance with this Lease from and after April 1, 2017.
Appears in 3 contracts
Samples: Lease (NanoString Technologies Inc), Lease (NanoString Technologies Inc), Lease (NanoString Technologies Inc)
Tenant Improvements. Tenant will cause to be constructed, at Tenant’s sole cost and expense (subject to Landlord’s payment of the Improvement Allowance), the Tenant Improvements. The Tenant Improvements will be designed and constructed as described in this Exhibit “D”. Tenant will select the Contractor to be the general contractor to perform the Work. Landlord shall have the right to approve (such approval not to be unreasonably withheld, conditioned or delayed) the Contractor and all subcontractors that will be performing any portion of the Work. All contractors that will be performing any portion of the Work shall be union contractors. Tenant will pay all direct and indirect costs of the design and Tenants construction of the Tenant Improvements (in the Suite 120 Premises shall be subject to the Landlord’s payment terms of the Improvement Allowance Work Letter attached to the Lease as provided for hereinExhibit C, except that, notwithstanding anything to the contrary contained in the Work Letter:
a. The Tenant Improvements in the Suite 120 Premises shall be constructed pursuant to the space plans attached to this First Amendment as Exhibit B (the “Suite 120 Space Plans”) and the tenant improvement specifications attached to this First Amendment as Exhibit C (the “Suite 120 TI Specifications”). Such costs may include, without limitation, all costs of preparing the Space Plan, construction document preparation, design, Plans which have been approved by both Landlord and Specifications, general conditions, labor, materialsTenant, and other construction costs, the fees (on an hourly basis) of Contractor’s project manager and site superintendent TI Construction Drawings for the Tenant ImprovementsImprovements for the Suite 120 Premises shall be prepared substantially in accordance with the Suite 120 Space Plans and the Suite 120 TI Specifications (and Landlord may not disapprove any matter in connection therewith that is consistent with the Suite 120 Space Plans and the Suite 120 TI Specifications).
b. The Tenant Improvement Allowance and the Additional Tenant Improvement Allowance provided for in Section 6(b) of the Work Letter shall not apply with respect to the Suite 120 Premises and Landlord shall provide a tenant improvement allowance with respect to the Tenant Improvements in the Suite 120 Premises, as follows:
(i) a “Suite 120 Tenant Improvement Allowance” in the maximum amount of $185.00 per rentable square foot in the Suite 120 Premises, which is included in the Base Rent set forth in the Lease; and
(ii) an “Additional Suite 120 Tenant Improvement Allowance” in the maximum amount of $40.00 per rentable square foot in the Suite 120 Premises, which shall, to the extent used, result in Suite 120 TI Rent as set forth in Section 5(c) below. For the avoidance of doubt, (A) the definition of “TI Allowance” in the Work Letter shall include the Tenant Improvement Allowance, the Additional Tenant Improvement Allowance, the Suite 120 Tenant Improvement Allowance and the Additional Suite 120 Tenant Improvement Allowance, as applicable, and all costs (B) in connection with the Tenant Improvements in the Suite 120 Premises, Landlord shall be entitled to Administrative Rent equal to 1.5% of the “hard” TI Costs incurred in connection with obtaining permits for such Tenant Improvements and a fee shall be payable to Tenant’s third party project manager, Xxxxxxxxx XxxXxxx of Xxxxx Xxxx LaSalle, not to exceed 1.5% of the “hard” TI Costs of such Tenant Improvements, which amounts shall be payable out of the TI Fund. For all purposes Landlord and Tenant acknowledge and agree that the Suite 120 Tenant Improvement Allowance and the Additional Suite 120 Tenant Improvement Allowance, to the extent utilized, must be used toward the cost of ownership, including risk of loss thereto, the Tenant Improvements will immediately upon installation be and remain a part in the Suite 120 Premises.
c. Pursuant to the terms of the Building Work Letter (as amended by this First Amendment), Landlord shall, subject to the terms of the Work Letter (as amended by this First Amendment), make available to Tenant the Suite 120 Tenant Improvement Allowance and the property Additional Suite 120 Tenant Improvement Allowance. Commencing on the Rent Commencement Date and continuing thereafter on the first day of each month during the Base Term, Tenant shall pay the amount necessary to fully amortize the portion of the Additional Suite 120 Tenant Improvement Allowance actually funded by Landlord, provided if any, in equal monthly payments with interest at a rate of 7% per annum over the Base Term, which interest shall begin to accrue on the date that Landlord first disburses such Additional Suite 120 Tenant Improvement Allowance or any portion(s) thereof (“Suite 120 TI Rent”). Any outstanding and unamortized Suite 120 TI Rent remaining unpaid as provided in Section 15 of this Lease, Landlord may require Tenant to remove same upon the expiration or earlier termination of the Lease Term. Tenant currently occupies shall be paid to Landlord in a lump sum at the Premises under the Existing Sublease and Landlord permits Tenant to immediately commence construction of the Tenant Improvements from and after the Effective Date expiration or earlier termination of this Lease [subject to Tenant’s compliance with Lease. For the terms and conditions avoidance of the Existing Sublease (if then applicable)doubt, including, without limitation, Tenant’s receipt of approval from Tenant’s sublessor thereunder]. Tenant shall use its best efforts to complete the Tenant Improvements on or before July 31, 2017. Notwithstanding the foregoing sentence to the contrary, as part of the Tenant Improvements, Tenant shall perform the work necessary to separately demise the Premises from the remaining portion of the sixth (6th) floor of the Building, including the installation of a demising wall (the “Demising Work”) on or before April 1, 2017. Tenant acknowledges that the tenant in the premises adjacent to the Premises will also be performing demising work. Tenant’s performance of the Demising Work shall be coordinated with Landlord and Tenant acknowledge and agree that Suite 120 TI Rent, if any, shall cooperate with Landlord and/or Landlord’s contractors in all ways not be subject to ensure the efficient and expeditious scheduling, staging and performance adjustment pursuant to Section 4(a) of the Demising Work. The Demising Work shall not adversely affect any construction work being performed by or for Landlord or its tenants and shall be performed in harmony with Landlord’s contractors and subcontractors and with other contractors and subcontractors in the Complex. Tenant shall impose on and enforce all applicable terms of this Tenant Improvements Agreement against Tenant’s contractors. Landlord shall have the right to order Tenant or any of Tenant’s contractors who violate the requirements imposed on Tenant or Tenant’s contractors in performing the Demising Work to cease performance of the Demising Work and to remove its equipment and employees from the Building. No such action by Landlord shall cause any extension of the Commencement Date nor relieve Tenant from any of its obligations under the Lease. Further, notwithstanding anything herein to the contrary, any delay in the completion of the Demising Work, or any interference to Tenant’s business operations or inconvenience suffered by Tenant Lease during the performance of any adjacent tenant’s demising work shall not subject Landlord to any liability for any loss or damages resulting there from nor entitle Tenant to any credit, abatement or adjustment of Rent or other sum payable under the Lease, as amended hereby. During Tenant’s design, construction and installation of the Tenant Improvements, Tenant shall pay for all Building services and utilities, if and to the extent required, (i) in accordance with the Existing Sublease from the Effective Date through March 31, 2017, and (ii) in accordance with this Lease from and after April 1, 2017Term.
Appears in 3 contracts
Samples: Lease Agreement (Erasca, Inc.), Lease Agreement (Erasca, Inc.), Lease Agreement (Erasca, Inc.)
Tenant Improvements. Landlord shall solicit bids for the Tenant will cause to be constructed, at Tenant’s sole cost Improvements from no less than three (3) but not more than five (5) general contractors as mutually approved by Tenant and expense Landlord (subject to Landlord’s payment which may include some or all of the Improvement Allowancegeneral contractors listed in the definition of "Contractor" above). All subcontracted work (except for fire alarm, the Tenant Improvements. The Tenant Improvements Building automation system(s) connections, Building roof work and work associated with existing warranties) will be designed and constructed as described competitively bid by a minimum of three (3) qualified subcontractors in this Exhibit “D”each trade of work. Tenant and Landlord will select mutually agree on the selection of the Contractor to be the general contractor for the Tenant Improvements. Upon selection of the Contractor, Landlord will enter into a construction contract with the Contractor to perform the WorkWork and making advances to Contractor from the Improvement Allowance. Landlord shall have the right The Tenant Improvements, pursuant to approve (such approval not to be unreasonably withheld, conditioned or delayed) the Contractor and all subcontractors a construction contract that will be performing any portion provide for Substantial Completion to occur within the time period provided for in the Timeline and deliver possession of the Work. All contractors that will be performing any portion of the Work shall be union contractorsExpansion Space to Tenant. Tenant will pay be responsible for all direct and indirect costs of the design and construction of the Tenant Improvements (subject to the Landlord’s payment of the Improvement Allowance as provided for herein)Improvements. Such costs may include, without limitation, all costs of preparing the Space Plan, construction document preparation, design, Plans and Specifications, general NEW EXHIBIT D – TENANT IMPROVEMENTS AGREEMENT conditions, labor, materials, wiring and cabling costs, MEP fees, and other construction costs, the fees (on an hourly basis) of Contractor’s project manager, Landlord’s construction manager and site superintendent for the Tenant Improvements, and all costs incurred in connection with obtaining permits for the Tenant ImprovementsImprovements and moving costs (not to exceed $37,360.05). If the contracts for the construction of the Tenant Improvements will exceed the Improvement Allowance, Tenant shall pay such excess in full. For all purposes of ownership, including risk of loss thereto, the Tenant Improvements will immediately upon installation be and remain a part of the Building and the property of Landlord, provided that as provided in Section 15 of this Lease, Landlord may require Tenant . Work shall be deemed to remove same completed upon the expiration or earlier termination of the Lease TermSubstantial Completion. Tenant currently occupies hereby elects in writing to have Landlord's construction manager, Xxxxxxx Xxxxxx, manage the Premises under the Existing Sublease and Landlord permits Tenant to immediately commence construction of the Tenant Improvements from for this phase and after the Effective Date of this Lease [subject agrees that such construction manager shall receive a fee for such services in an amount equal to Tenant’s compliance with the terms and conditions three percent (3%) of the Existing Sublease (if then applicable), including, without limitation, Tenant’s receipt hard costs of approval from Tenant’s sublessor thereunder]. Tenant shall use its best efforts to complete the Tenant Improvements on or before July 31, 2017. Notwithstanding the foregoing sentence to the contrary, as part of the Tenant Improvements, Tenant shall perform the work necessary to separately demise the Premises from the remaining portion of the sixth (6th) floor of the Building, including the installation of a demising wall (the “Demising Work”) on or before April 1, 2017. Tenant acknowledges that the tenant in the premises adjacent to the Premises will also be performing demising work. Tenant’s performance of the Demising Work shall be coordinated with Landlord and Tenant shall cooperate with Landlord and/or Landlord’s contractors in all ways to ensure the efficient and expeditious scheduling, staging and performance of the Demising Work. The Demising Work shall not adversely affect any construction work being performed by or for Landlord or its tenants and shall be performed in harmony with Landlord’s contractors and subcontractors and with other contractors and subcontractors in the Complex. Tenant shall impose on and enforce all applicable terms of this Tenant Improvements Agreement against Tenant’s contractors. Landlord shall have the right to order Tenant or any of Tenant’s contractors who violate the requirements imposed on Tenant or Tenant’s contractors in performing the Demising Work to cease performance of the Demising Work and to remove its equipment and employees from the Building. No such action by Landlord shall cause any extension of the Commencement Date nor relieve Tenant from any of its obligations under the Lease. Further, notwithstanding anything herein to the contrary, any delay in the completion of the Demising Work, or any interference to Tenant’s business operations or inconvenience suffered by Tenant during the performance of any adjacent tenant’s demising work shall not subject Landlord to any liability for any loss or damages resulting there from nor entitle Tenant to any credit, abatement or adjustment of Rent or other sum payable under the Lease, as amended hereby. During Tenant’s design, construction and installation of the Tenant Improvements, Tenant shall pay for all Building services and utilities, if and to the extent required, (i) in accordance with the Existing Sublease from the Effective Date through March 31, 2017, and (ii) in accordance with this Lease from and after April 1, 2017construction.
Appears in 2 contracts
Samples: Office Lease Agreement, Office Lease Agreement (FSP Galleria North Corp)
Tenant Improvements. Tenant will cause shall make certain alterations, additions or improvements to the Premises in accordance with plans and specifications to be constructedreviewed and approved by Landlord as set forth in Paragraph 6.5 and this Paragraph 2.3 (as used herein, the “Tenant Improvements”), at Tenant’s its sole cost and expense (subject expense. Landlord may, but shall not be required to, engage a local construction manager to Landlord’s payment of supervise such Tenant Improvements and such construction manager shall have full access to the Improvement Allowance), the Tenant ImprovementsPremises in connection with such supervision. The Tenant Improvements will shall be designed performed by a Washington licensed and constructed as described in this Exhibit bonded contractor reasonably acceptable to Landlord and Washington licensed and bonded subcontractors. Prior to commencing construction of any Tenant Improvements, Tenant shall provide a copy of Tenant’s preliminary plans and specifications for the Tenant Improvements (collectively, “DTenant’s Preliminary Plans”. Tenant will select the Contractor ) to be the general contractor to perform the Work. Landlord for Landlord’s review and approval, which shall have the right to approve (such approval not to be unreasonably withheld, conditioned or delayed. Landlord shall, within ten (10) the Contractor and all subcontractors that will be performing any portion of the Workbusiness days after receipt thereof, either provide comments to or approve Tenant’s Preliminary Plans. All contractors that will be performing any portion of the Work Landlord shall be union contractorsdeemed to have disapproved Tenant’s Preliminary Plans if Landlord does not timely provide its comments thereto. If Landlord provides Tenant will pay all direct and indirect costs of the design and construction of with comments to Tenant’s Preliminary Plans, Tenant shall provide revised Tenant’s Preliminary Plans to Landlord incorporating Xxxxxxxx’s comments. Landlord shall either provide comments to such revised Tenant’s Preliminary Plans within ten (1OJ business days or approve them. The process described above shall be repeated, if necessary, until Xxxxxx’s Preliminary Plans for the Tenant Improvements have been finally approved by Tenant and Landlord (subject to upon such approval, the Landlord“Tenant’s payment of the Improvement Allowance as provided for hereinFinal Plans”). Such costs may include, without limitation, all costs of preparing the Space Plan, construction document preparation, design, Plans and Specifications, general conditions, labor, materials, and other construction costs, the fees (on an hourly basis) of Contractor’s project manager and site superintendent for the Tenant Improvements, and all costs incurred in connection with obtaining permits for the Tenant Improvements. For all purposes of ownership, including risk of loss thereto, the Tenant Improvements will immediately upon installation be and remain a part of the Building and the property of Landlord, provided Xxxxxx agrees that as provided in Section 15 of this Lease, Landlord may require Tenant to remove same upon the expiration or earlier termination of the Lease Term. Tenant currently occupies the Premises under the Existing Sublease and Landlord permits Tenant to immediately ii shall not commence construction of the Tenant Improvements from and after the Effective Date of this Lease [subject to or any portion thereof until Tenant’s compliance Final Plans have been finally approved by Landlord. The Tenant Improvements shall comply with the terms and conditions of the Existing Sublease (if then applicable), including, without limitation, Tenant’s receipt of approval from Tenant’s sublessor thereunder]. Tenant shall use its best efforts to complete the Tenant Improvements on or before July 31Final Plans, 2017. Notwithstanding the foregoing sentence to the contrary, as part of the Tenant Improvements, Tenant shall perform the work necessary to separately demise the Premises from the remaining portion of the sixth (6th) floor of the Building, including the installation of a demising wall (the “Demising Work”) on or before April 1, 2017. Tenant acknowledges that the tenant in the premises adjacent to the Premises will also be performing demising work. Tenant’s performance of the Demising Work shall be coordinated with Landlord and Tenant shall cooperate with Landlord and/or Landlord’s contractors in all ways to ensure the efficient and expeditious scheduling, staging and performance of the Demising Work. The Demising Work shall not adversely affect any construction work being performed by or for Landlord or its tenants and shall be performed in harmony with Landlord’s contractors and subcontractors and with other contractors and subcontractors in the Complex. Tenant shall impose on and enforce all applicable terms of this Tenant Improvements Agreement against Tenant’s contractors. Landlord shall have the right to order Tenant or any of Tenant’s contractors who violate the requirements imposed on Tenant or Tenant’s contractors in performing the Demising Work to cease performance of the Demising Work and to remove its equipment and employees from the Building. No such action by Landlord shall cause any extension of the Commencement Date nor relieve Tenant from any of its obligations under the Lease. Further, notwithstanding anything herein to the contrary, any delay in the completion of the Demising Work, or any interference to Tenant’s business operations or inconvenience suffered by Tenant during the performance of any adjacent tenant’s demising work shall not subject Landlord to any liability for any loss or damages resulting there from nor entitle Tenant to any credit, abatement or adjustment of Rent or other sum payable under the Lease, as amended hereby. During Tenant’s design, construction and installation of the Tenant Improvements, Tenant shall pay for all Building services and utilities, if and to the extent required, (i) in accordance with the Existing Sublease from the Effective Date through March 31, 2017Applicable Laws, and (ii) in accordance with this Lease from all permits and after April 1, 2017governmental approvals.
Appears in 2 contracts
Samples: Lease Agreement (Evotec SE), Lease Agreement (Evotec AG)
Tenant Improvements. Tenant will cause shall make certain alterations, additions or improvements to the Premises in accordance with plans and specifications to be constructedreviewed and approved by Landlord as set forth in Paragraph 6.5 and this Paragraph 2.3 (as used herein, the “Tenant Improvements”), at Tenant’s its sole cost and expense (subject to Landlordthe Tl Allowance described below in Paragraph 2.3.
1). Landlord may, but shall not be required to, supervise such Tenant Improvements at no cost to Tenant and shall have full access to the Premises in connection with such supervision following notice to Tenant in accordance with Paragraph 23.7 below, provided that Landlord shall coordinate any such access with Tenant in advance to minimize adverse impacts on Tenant’s payment construction activities in and about the Premises. Prior to commencing construction of the Improvement Allowance), the any Tenant Improvements. The , Tenant Improvements will be designed shall provide a copy of Tenant’s preliminary plans and constructed as described in this Exhibit “D”. Tenant will select the Contractor to be the general contractor to perform the Work. Landlord shall have the right to approve (such approval not to be unreasonably withheld, conditioned or delayed) the Contractor and all subcontractors that will be performing any portion of the Work. All contractors that will be performing any portion of the Work shall be union contractors. Tenant will pay all direct and indirect costs of the design and construction of specifications for the Tenant Improvements (subject collectively, “Tenant’s Preliminary Plans”) to Landlord for Landlord’s review and approval. The Tenant’s Preliminary Plans shall comply with the Standard Specifications for Tenant Spaces as set forth in Exhibit D attached hereto. Landlord shall, within ten (10) days after receipt thereof, either provide comments to or approve Tenant’s Preliminary Plans; provided, however, that Landlord shall not withhold approval to the Tenant’s Preliminary Plans to the extent that they are consistent with Exhibit D, the space plan attached as Exhibit C-4 (“Space Plan”), and Exhibit C-5 in all material respects. If Landlord does not respond within ten (10) days after Landlord’s payment receipt of the Improvement Allowance as provided Tenant’s Preliminary Plans with either Landlord’s approval of such plans or reasons for herein). Such costs disapproval of such plans, Tenant may include, without limitation, all costs of preparing the Space Plan, construction document preparation, design, Plans and Specifications, general conditions, labor, materialssend Landlord a reminder notice, and other construction costsif Landlord has still not responded within five (5) business days after its receipt of such reminder notice, the fees then Landlord shall be deemed to have approved Tenant’s Preliminary Plans. If Landlord provides Tenant with comments to Tenant’s Preliminary Plans, Tenant shall provide revised Tenant’s Preliminary Plans to Landlord incorporating Landlord’s comments. Landlord shall either provide comments to such revised Tenant’s Preliminary Plans within five (on an hourly basis5) of Contractorbusiness days or approve them. The process described above shall be repeated, if necessary, until Tenant’s project manager and site superintendent Preliminary Plans for the Tenant Improvements, Improvements have been finally approved by Tenant and all costs incurred in connection with obtaining permits for the Tenant Improvements. For all purposes of ownership, including risk of loss theretoLandlord (upon such approval, the Tenant Improvements will immediately upon installation be and remain a part “Tenant’s Final Plans”). In the event Landlord reviews multiple drafts of the Building and the property of Landlord, provided that as provided in Section 15 of this LeaseTenant’s Preliminary Plans, Landlord may require Tenant shall not withhold approval in subsequent drafts to remove same upon the expiration or earlier termination aspects of the Lease TermTenant’s Preliminary Plans regarding which Landlord did not comment in the immediately preceding draft. Tenant currently occupies the Premises under the Existing Sublease and Landlord permits Tenant to immediately agrees that it shall not commence construction of the Tenant Improvements from and after the Effective Date of this Lease [subject to or any portion thereof until Tenant’s compliance with the terms and conditions of the Existing Sublease (if then applicable), including, without limitation, Final Plans have been finally approved by Landlord. Landlord approves Bremik Construction as Tenant’s receipt of approval from Tenant’s sublessor thereunder]. Tenant shall use its best efforts to complete the Tenant Improvements on or before July 31, 2017. Notwithstanding the foregoing sentence to the contrary, as part contractor for construction of the Tenant Improvements, Tenant shall perform the work necessary to separately demise the Premises from the remaining portion of the sixth (6th) floor of the Building, including the installation of a demising wall (the “Demising Work”) on or before April 1, 2017. Tenant acknowledges that the tenant in the premises adjacent to the Premises will also be performing demising work. Tenant’s performance of the Demising Work shall be coordinated with Landlord and Tenant shall cooperate with Landlord and/or Landlord’s contractors in all ways to ensure the efficient and expeditious scheduling, staging and performance of the Demising Work. The Demising Work shall not adversely affect any construction work being performed by or for Landlord or its tenants and shall be performed in harmony with Landlord’s contractors and subcontractors and with other contractors and subcontractors in the Complex. Tenant shall impose on and enforce all applicable terms of this Tenant Improvements Agreement against Tenant’s contractors. Landlord shall have the right to order Tenant or any of Tenant’s contractors who violate the requirements imposed on Tenant or Tenant’s contractors in performing the Demising Work to cease performance of the Demising Work and to remove its equipment and employees from the Building. No such action by Landlord shall cause any extension of the Commencement Date nor relieve Tenant from any of its obligations under the Lease. Further, notwithstanding anything herein to the contrary, any delay in the completion of the Demising Work, or any interference to Tenant’s business operations or inconvenience suffered by Tenant during the performance of any adjacent tenant’s demising work shall not subject Landlord to any liability for any loss or damages resulting there from nor entitle Tenant to any credit, abatement or adjustment of Rent or other sum payable under the Lease, as amended hereby. During Tenant’s design, construction and installation of the Tenant Improvements, Tenant shall pay for all Building services and utilities, if and to the extent required, (i) in accordance with the Existing Sublease from the Effective Date through March 31, 2017, and (ii) in accordance with this Lease from and after April 1, 2017.
Appears in 2 contracts
Samples: Lease (AbSci Corp), Lease (AbSci Corp)
Tenant Improvements. Subject to this Section 4, Tenant will cause to be constructed, at Tenant’s sole cost shall accept the Suite WB100 Premises and expense Suite WB200 Premises in their “as is” condition (subject to Landlord’s payment 's continuing repair and maintenance obligations, as outlined in Section 10 of the Improvement AllowanceLease (as may be amended)), the Tenant Improvements. The Tenant Improvements will be designed and constructed as described in this Exhibit “D”. Tenant will select the Contractor to be the general contractor to perform the Work. Landlord shall have no obligation to make any alterations or improvements thereto whatsoever (provided that Landlord shall deliver same in good and tenantable condition, broom clean, with all systems serving same in good working order). Any alterations that Tenant desires to make in the right Suite WB100 Premises and Suite WB200 Premises shall be subject to approve all the terms and conditions set forth in Section 11 of the Lease. Notwithstanding anything in the Lease to the contrary (such approval not and specifically deleting the references to the Improvements Allowances (as defined in Section 7 of the Fourth Amendment) for the DB First Floor Expansion Premises and the DB Second Floor Expansion Premises in Section 7 of the Fourth Amendment), Landlord hereby agrees to grant Tenant (i) an allowance in the amount of $217,480.45 (i.e. $29.33 per rentable square foot multiplied by 7,416 rentable square feet) (the “Suite WB100 Granted Allowance”) to be unreasonably withheldapplied toward the cost (including architectural and engineering fees) of alterations performed by Tenant in the Suite WB100 Premises and (ii) an allowance in the amount of $124,988.76 (the “Suite WB200 Granted Allowance”, conditioned or delayedtogether with the Suite WB100 Granted Allowance, collectively, the “Granted Allowance”) to be applied toward the Contractor and all subcontractors that will be performing any portion of the Work. All contractors that will be performing any portion of the Work shall be union contractors. Tenant will pay all direct and indirect costs cost of the design and construction of the any alterations Tenant Improvements (subject desires to the Landlord’s payment of the Improvement Allowance as provided for herein). Such costs may includeperform in Suite WB100 Premises and Suite WB200 Premises, without limitationrespectively, all costs of preparing the Space Plan, construction document preparation, design, Plans and Specifications, general conditions, labor, materials, and other construction costs, the fees (on an hourly basis) of Contractor’s project manager and site superintendent for the Tenant Improvements, and all costs incurred in connection conjunction with obtaining permits for the Tenant Improvements. For all purposes of ownership, including risk of loss thereto, the Tenant Improvements will immediately upon installation be and remain a part of the Building and the property of Landlord, provided that as provided in Section 15 of this Lease, Landlord may require Tenant to remove same upon the expiration or earlier termination of the Lease Term. Tenant currently occupies the Premises under the Existing Sublease and Landlord permits Tenant to immediately commence construction of the Tenant Improvements from and after the Effective Date of this Lease [subject to Tenant’s compliance with the terms initial occupancy of Suite WB100 Premises and conditions of the Existing Sublease (if then applicable), including, without limitation, Tenant’s receipt of approval from Tenant’s sublessor thereunder]Suite WB200. Tenant shall use its best efforts to complete the Tenant Improvements on or before July 31, 2017. Notwithstanding the foregoing sentence to the contrary, as part of the Tenant Improvements, Tenant shall perform the work necessary to separately demise the Premises from the remaining Any portion of the sixth (6th) floor Granted Allowance may be applied to pay the fees of the Buildingarchitect and engineers and any construction supervision, including contractors' overhead and profit charges, along with fees for any project manager employed by Tenant with respect to such alterations, as well as any licensing and permitting costs and fees; provided, the installation of a demising wall (Suite WB100 Granted Allowance may only be used for the “Demising Work”) on or before April 1, 2017. Tenant acknowledges that Suite WB100 Premises and the tenant in Suite WB200 Granted Allowance may only be used for the premises adjacent to the Premises will also be performing demising work. Tenant’s performance of the Demising Work shall be coordinated with Landlord and Tenant shall cooperate with Landlord and/or Landlord’s contractors in all ways to ensure the efficient and expeditious scheduling, staging and performance of the Demising WorkSuite WB200 Premises. The Demising Work shall not adversely affect any construction work being performed by or for Landlord or its tenants and shall be performed in harmony with Landlord’s contractors and subcontractors and with other contractors and subcontractors in the Complex. Tenant shall impose on and enforce all applicable terms of this Tenant Improvements Agreement against Tenant’s contractors. Landlord shall have the right to order Tenant or any cost of Tenant’s contractors who violate alterations in the requirements imposed on Suite WB100 Premises shall be paid first out the Suite WB100 Granted Allowance until the Suite WB100 Granted Allowance is exhausted (at which time Tenant or shall be fully responsible for the cost of any further alterations), and the cost of Tenant’s contractors in performing the Demising Work to cease performance of the Demising Work and to remove its equipment and employees from the Building. No such action by Landlord shall cause any extension of the Commencement Date nor relieve Tenant from any of its obligations under the Lease. Further, notwithstanding anything herein to the contrary, any delay alteration in the completion of Suite WB200 Premises shall be paid first out the Demising Work, or any interference to Tenant’s business operations or inconvenience suffered by Suite WB200 Granted Allowance until the Suite WB200 Allowance is exhausted (at which time Tenant during shall be fully responsible for the performance cost of any adjacent tenant’s demising work shall not subject Landlord to any liability for any loss or damages resulting there from nor entitle Tenant to any credit, abatement or adjustment further alterations). Provided no Event of Rent or other sum payable Default then exists under the Lease, as amended herebythe Granted Allowance (or portions thereof) shall be disbursed to Tenant within thirty (30) days following Tenant's submission to Landlord of paid invoices for work related to alterations performed by Tenant in the Suite WB100 Premises and Suite WB200 Premises, accompanied by waivers of liens executed by all contractors employed by Tenant for the performance of such work. During If the cost of Tenant’s design, construction and installation 's alterations in the Suite WB100 Premises or the Suite WB200 Premises exceeds the amount of the Suite WB100 Granted Allowance or the Suite WB200 Granted Allowance, the excess shall be paid by Tenant Improvements, Tenant shall pay for all Building services and utilities, if and to after the extent required, Suite WB100 Granted Allowance or the Suite WB200 Granted Allowance is fully exhausted. Any portion of the (i) Suite WB100 Granted Allowance that has not been applied (or contracted to be applied) in accordance the manner set forth above by the date which is twelve (12) months following the Suite WB100 Premises Seventh Amendment Commencement Date shall revert to Landlord, and Tenant shall have no further rights with the Existing Sublease from the Effective Date through March 31, 2017, respect thereto and (ii) Suite WB200 Granted Allowance that has not been applied (or contracted to be applied) in accordance the manner set forth above by the date which is twelve (12) months following the Suite WB200 Premises Seventh Amendment Commencement Date shall revert to Landlord, and Tenant shall have no further rights with this Lease from and after April 1, 2017respect thereto.
Appears in 2 contracts
Samples: Lease Agreement (Precision Biosciences Inc), Lease Agreement (Precision Biosciences Inc)
Tenant Improvements. Tenant will cause to be constructedshall construct, at furnish or install all improvements, equipment or fixtures, that are necessary for Tenant’s sole cost use and expense (subject to Landlord’s payment occupancy of the Improvement Allowanceentirety of the Leased Premises (collectively, the “Tenant Improvements”), . Tenant shall complete construction of the Tenant Improvements for the entirety of the Leased Premises. Tenant shall also be responsible for the cost of any alterations to the Building required as a result of the Tenant Improvements. The Tenant Improvements will be designed and constructed as described in this Exhibit “D”. Tenant will select the Contractor engage a consultant reasonably approved by Landlord to be the general contractor to perform the Work. Landlord shall have the right to approve (such approval not to be unreasonably withheld, conditioned or delayed) the Contractor and all subcontractors that will be performing any portion of the Work. All contractors that will be performing any portion of the Work shall be union contractors. Tenant will pay all direct and indirect costs of manage the design and construction of the Tenant Improvements (subject to the Landlord’s payment of the “Tenant Improvement Allowance as provided for hereinProject Manager”). Such costs may include, without limitation, Tenant shall cause all costs of preparing the Space Plan, construction document preparation, design, Plans drawings and Specifications, general conditions, labor, materials, and other construction costs, the fees (on an hourly basis) of Contractor’s project manager and site superintendent specifications for the Tenant ImprovementsImprovements to be prepared by an architect selected by Tenant and reasonably approved by Landlord (“Tenant Improvement Architect”) and to be constructed by Landmark Builders Incorporated (“Tenant Improvement Contractor”). Landlord’s prior written consent, and all costs incurred in connection with obtaining permits for the which shall not be unreasonably withheld, shall be required if Tenant Improvements. For all purposes of ownershipdesires to change its Tenant Improvement Architect, including risk of loss thereto, the Tenant Improvements will immediately upon installation be and remain a part of the Building and the property of Landlord, provided that as provided in Section 15 of this Lease, Landlord may require Improvement Contractor or Tenant to remove same upon the expiration or earlier termination of the Lease Term. Tenant currently occupies the Premises under the Existing Sublease and Landlord permits Tenant to immediately commence construction of the Tenant Improvements from and after the Effective Date of this Lease [subject to Tenant’s compliance with the terms and conditions of the Existing Sublease (if then applicable), including, without limitation, Tenant’s receipt of approval from Tenant’s sublessor thereunder]Improvement Project Manager. Tenant shall use its best efforts furnish to complete Landlord a copy of the executed contracts between Tenant and Tenant Improvement Architect, and Tenant and Tenant Improvement Contractor, covering all of Tenant’s obligations under this Work Letter. The Tenant Improvements on or before July 31, 2017. Notwithstanding the foregoing sentence to the contrary, as part of the Tenant Improvements, Tenant shall perform the work necessary to separately demise the Premises from the remaining portion of the sixth (6th) floor of the Building, including the installation of a demising wall (the “Demising Work”) on or before April 1, 2017. Tenant acknowledges that the tenant in the premises adjacent to the Premises will also be performing demising work. Tenant’s performance of the Demising Work shall be coordinated in conformity with Landlord drawings and Tenant shall cooperate with Landlord and/or specifications submitted to and approved by Landlord’s contractors in all ways to ensure the efficient and expeditious scheduling, staging and performance of the Demising Work. The Demising Work which approval shall not adversely affect any construction work being performed by be unreasonably withheld or for Landlord or its tenants delayed, and shall be performed in harmony with Landlord’s contractors and subcontractors and with other contractors and subcontractors in the Complex. Tenant shall impose on and enforce all applicable terms of this Tenant Improvements Agreement against Tenant’s contractors. Landlord shall have the right to order Tenant or any of Tenant’s contractors who violate the requirements imposed on Tenant or Tenant’s contractors in performing the Demising Work to cease performance of the Demising Work and to remove its equipment and employees from the Building. No such action by Landlord shall cause any extension of the Commencement Date nor relieve Tenant from any of its obligations under the Lease. Further, notwithstanding anything herein to the contrary, any delay in the completion of the Demising Work, or any interference to Tenant’s business operations or inconvenience suffered by Tenant during the performance of any adjacent tenant’s demising work shall not subject Landlord to any liability for any loss or damages resulting there from nor entitle Tenant to any credit, abatement or adjustment of Rent or other sum payable under the Lease, as amended hereby. During Tenant’s design, construction and installation of the Tenant Improvements, Tenant shall pay for all Building services and utilities, if and to the extent required, (i) in accordance with the Existing Sublease from the Effective Date through March 31, 2017, and (ii) in accordance with this Lease from and after April 1, 2017.following provisions:
Appears in 2 contracts
Samples: Lease Agreement (Cardiodx Inc), Lease Agreement (Cardiodx Inc)
Tenant Improvements. All Tenant will cause to Improvements shall be constructedperformed by Tenant’s contractor, at Tenant’s sole cost and expense (subject to Landlord’s payment of the Improvement Allowance), the Tenant Improvements. The Tenant Improvements will be designed and constructed as described in this Exhibit “D”. Tenant will select the Contractor obligations with respect to be the general contractor to perform the Work. Landlord shall have the right to approve (such approval not to be unreasonably withheld, conditioned or delayed) the Contractor and all subcontractors that will be performing any portion of the WorkTI Allowance and in accordance with the Approved Plans (as defined below), the Schedule, the Approved Budget, the Amended Lease and this Work Letter. All contractors To the extent that will be performing any portion of the Work shall be union contractors. Tenant will pay all direct and indirect costs of the design and construction total projected cost of the Tenant Improvements (subject to as projected by Landlord) exceeds the Landlord’s payment of the Improvement TI Allowance as provided for herein). Such costs may include, without limitation, all costs of preparing the Space Plan, construction document preparation, design, Plans and Specifications, general conditions, labor, materials, and other construction costs(such excess, the fees “Excess TI Costs”), Tenant shall advance to Landlord any Excess TI Costs within ten (on 10) days after receipt of an hourly basis) of Contractor’s project manager and site superintendent for invoice therefor, but in any case before Tenant commences the Tenant Improvements. Any actual Excess TI Costs shall be distributed by Landlord in accordance with Section 6.3. If the actual Excess TI Costs are less than the Excess TI Costs paid by Tenant to Landlord, and all costs incurred in connection Landlord shall credit Tenant with obtaining permits the overage paid by Tenant against Tenant’s rent obligations, beginning after Landlord has completed the final accounting for the Tenant Improvements. For all purposes of ownership, including risk of loss thereto, If the Tenant Improvements will immediately upon installation be and remain a part of the Building and the property of Landlord, provided that as provided in Section 15 of this Lease, Landlord may require Tenant to remove same upon the expiration or earlier termination of the Lease Term. Tenant currently occupies the Premises under the Existing Sublease and Landlord permits Tenant to immediately commence construction cost of the Tenant Improvements from (as projected by Landlord) increases over Landlord’s initial projection, then Landlord may notify Tenant and after Tenant shall deposit any additional Excess TI Costs with Landlord in the Effective Date of same way that Tenant deposited the initial Excess TI Costs. If Tenant fails to pay, or is late in paying, any sum due to Landlord under this Lease [subject to Tenant’s compliance with the terms and conditions Work Letter, then Landlord shall have all of the Existing Sublease rights and remedies set forth in the Amended Lease for nonpayment of rent (if then applicableincluding the right to interest and the right to assess a late charge), including, without limitation, Tenant’s receipt and for purposes of approval from Tenant’s sublessor thereunder]any litigation instituted with regard to such amounts the same shall be considered rent. All material and equipment furnished by Tenant shall use or its best efforts to complete contractors as the Tenant Improvements on shall be new or before July 31, 2017. Notwithstanding the foregoing sentence to the contrary, as part of “like new;” the Tenant Improvements, Tenant shall perform the work necessary to separately demise the Premises from the remaining portion of the sixth (6th) floor of the Building, including the installation of a demising wall (the “Demising Work”) on or before April 1, 2017. Tenant acknowledges that the tenant in the premises adjacent to the Premises will also be performing demising work. Tenant’s performance of the Demising Work shall be coordinated with Landlord and Tenant shall cooperate with Landlord and/or Landlord’s contractors in all ways to ensure the efficient and expeditious scheduling, staging and performance of the Demising Work. The Demising Work shall not adversely affect any construction work being performed by or for Landlord or its tenants and Improvements shall be performed in harmony with Landlord’s contractors a first-class, workmanlike manner; and subcontractors the quality of the Tenant Improvements shall be of a nature and with other contractors and subcontractors in character not less than the ComplexBuilding standard. Tenant shall impose on take, and enforce all applicable terms of this Tenant Improvements Agreement against Tenant’s contractors. Landlord shall have require its contractors to take, commercially reasonable steps to protect the right to order Tenant or any of Tenant’s contractors who violate the requirements imposed on Tenant or Tenant’s contractors in performing the Demising Work to cease performance of the Demising Work and to remove its equipment and employees from the Building. No such action by Landlord shall cause any extension of the Commencement Date nor relieve Tenant from any of its obligations under the Lease. Further, notwithstanding anything herein to the contrary, any delay in the completion of the Demising Work, or any interference to Tenant’s business operations or inconvenience suffered by Tenant Premises during the performance of any adjacent tenant’s demising work shall not subject Landlord to any liability for any loss or damages resulting there from nor entitle Tenant to any credit, abatement or adjustment of Rent or other sum payable under the Lease, as amended hereby. During Tenant’s design, construction and installation of the Tenant Improvements, Tenant shall pay for all Building services and utilitiesincluding covering or temporarily removing any window coverings so as to guard against dust, if and to the extent required, (i) in accordance with the Existing Sublease from the Effective Date through March 31, 2017, and (ii) in accordance with this Lease from and after April 1, 2017debris or damage.
Appears in 2 contracts
Samples: Sublease Agreement (Locust Walk Acquisition Corp.), Standard Industrial Net Lease (Trovagene, Inc.)
Tenant Improvements. 5.1. Tenant will shall cause appropriate improvements consistent with the Permitted Use (the "Tenant Improvements") to be constructedconstructed in the Premises pursuant to the Work Letter attached hereto as Exhibit E (the "Work Letter") at a cost to Landlord not to exceed Twenty Two Million Two Hundred Fifty Thousand Dollars ($22,250,000.00) (the "TI Allowance"). The TI Allowance may be applied to the costs of (a) construction, at Tenant’s sole cost and expense (subject to Landlord’s payment b) project review by Landlord (which fee shall equal [***] percent ([***]%) of the Improvement cost of the Tenant Improvements, including the TI Allowance), the Tenant Improvements. The Tenant Improvements will be designed (c) commissioning of mechanical, electrical and constructed as described in this Exhibit “D”. Tenant will select the Contractor to be the general contractor to perform the Work. Landlord shall have the right to approve (such approval not to be unreasonably withheldplumbing systems by a licensed, conditioned or delayed) the Contractor and all subcontractors that will be performing any portion of the Work. All contractors that will be performing any portion of the Work shall be union contractors. Tenant will pay all direct and indirect costs of the design and construction of the Tenant Improvements (subject to the Landlord’s payment of the Improvement Allowance as provided for herein). Such costs may include, without limitation, all costs of preparing the Space Plan, construction document preparation, design, Plans and Specifications, general conditions, labor, materialsqualified commissioning agent hired by Tenant, and review of such party's commissioning report by a licensed, qualified commissioning agent hired by Landlord, (d) space planning, architect, engineering and other construction costsrelated services performed by third parties unaffiliated with Tenant, the fees (on an hourly basise) building permits and other taxes, fees, charges and levies by governmental authorities for permits or for inspections of Contractor’s project manager and site superintendent for the Tenant Improvements, and all (f) costs incurred and expenses for labor, material, equipment and fixtures. In no event shall the TI Allowance be used for (m) the cost of work that is not authorized by the Approved Plans (as defined in connection with obtaining permits for the Tenant Improvements. For all purposes of ownership, including risk of loss thereto, the Tenant Improvements will immediately upon installation be and remain a part of the Building and the property of Work Letter) or otherwise approved in writing by Landlord, provided that as provided in Section 15 (n) payments to Tenant or any affiliates of Tenant, (o) the purchase of any furniture, personal property or other non-building system equipment, (p) costs resulting from any default by Tenant of its obligations under this Lease, (q) costs that are recoverable by Tenant from a third party (e.g., insurers, warrantors, or tortfeasors), (r) costs that were provided by Tenant and its representatives to Landlord may require as support for the acquisition and development costs included as the basis for the Purchase Price (as defined in the Purchase Agreement), or (s) costs incurred by or on behalf of Tenant prior to remove same upon the expiration or earlier termination of Commencement Date, including costs relating to the Lease Term. Tenant currently occupies the Premises under the Existing Sublease and Landlord permits Tenant to immediately commence construction of the Tenant Improvements from and after the Effective Date of this Lease [subject to Tenant’s compliance with the terms and conditions of the Existing Sublease (if then applicable), including, without limitation, Tenant’s receipt of approval from Tenant’s sublessor thereunder]Improvements.
5.2. Tenant shall use its best efforts have until April 2, 2038 to complete request disbursement for the Tenant Improvements on or before July 31final installment of the TI Allowance, 2017and may request no more than fifteen (15) disbursements of the TI Allowance, with each disbursement (other than the final disbursement) being no less than [***] Dollars ($[***]). Notwithstanding Landlord's obligation to disburse any of the foregoing sentence TI Allowance shall be conditional upon Tenant's satisfaction of the conditions precedent to funding of the contraryTI Allowance set forth in Section 6.3 of the Work Letter. In addition, Landlord’s obligation to disburse any of the TI Allowance in excess of Twenty-One Million Seven Hundred Fifty Thousand Dollars ($21,750,000.00) shall be conditioned upon the satisfaction of the following: (a) Tenant's delivery to Landlord of a certificate of occupancy for the Premises suitable for the Permitted Use, as part applicable; (b) Tenant's delivery to Landlord of a Certificate of Substantial Completion in the form of the Tenant ImprovementsAmerican Institute of Architects document G704, Tenant shall perform executed by the work necessary project architect and the general contractor or such other form or certification as may be reasonably acceptable to separately demise the Premises from the remaining portion Landlord; (c) Tenant's satisfaction of the sixth (6th) floor conditions precedent to funding of the Building, including the installation of a demising wall (the “Demising Work”) on or before April 1, 2017. Tenant acknowledges that the tenant TI Allowance set forth in the premises adjacent to the Premises will also be performing demising work. Tenant’s performance Section 6.3 of the Demising Work Letter; and (d) there shall be coordinated with Landlord and Tenant shall cooperate with Landlord and/or Landlord’s contractors in all ways to ensure the efficient and expeditious scheduling, staging and performance no uncured event of the Demising Work. The Demising Work shall not adversely affect any construction work being performed by or for Landlord or its tenants and shall be performed in harmony with Landlord’s contractors and subcontractors and with other contractors and subcontractors in the Complex. Tenant shall impose on and enforce all applicable terms of this Tenant Improvements Agreement against Tenant’s contractors. Landlord shall have the right to order Tenant or any of Tenant’s contractors who violate the requirements imposed on Tenant or Tenant’s contractors in performing the Demising Work to cease performance of the Demising Work and to remove its equipment and employees from the Building. No such action by Landlord shall cause any extension of the Commencement Date nor relieve Tenant from any of its obligations under the Lease. Further, notwithstanding anything herein to the contrary, any delay in the completion of the Demising Work, or any interference to Tenant’s business operations or inconvenience suffered default by Tenant during the performance of any adjacent tenant’s demising work shall not subject Landlord to any liability for any loss or damages resulting there from nor entitle Tenant to any credit, abatement or adjustment of Rent or other sum payable under the this Lease, as amended hereby. During Tenant’s design, construction and installation of the Tenant Improvements, Tenant shall pay for all Building services and utilities, if and to the extent required, (i) in accordance with the Existing Sublease from the Effective Date through March 31, 2017, and (ii) in accordance with this Lease from and after April 1, 2017.
Appears in 2 contracts
Samples: Lease Agreement (Ascend Wellness Holdings, LLC), Lease Agreement (Ascend Wellness Holdings, LLC)
Tenant Improvements. (a) Tenant will shall cause to be constructedconstructed the tenant improvements in the Additional Premises (the “Tenant Improvements”) pursuant to the Work Letter attached as Exhibit B hereto at a cost to Landlord (the “Tenant Improvement Allowance”) not to exceed Three Hundred Thousand Dollars (i.e., at Thirty Dollars ($30) per rentable square foot of Additional Premises). The Total TI Allowance (as defined below) shall be used solely to pay the costs of (i) construction, (ii) project management by Landlord (which fee shall not exceed four percent (4%) of the Total TI Allowance, (iii) third party project management fees, (iv) IT installation, (v) costs and fees for space planning, architect, engineering and other related services and (vi) building permits and other planning and inspection fees. If the total cost of the Tenant Improvements exceeds the Total TI Allowance, then the overage shall be paid promptly by Tenant upon Tenant’s sole cost receipt of evidence of overage from Landlord. Tenant shall have twelve (12) months from the Additional Premises Commencement Date to expend the unused portion of the Tenant Improvement Allowance, after which date Landlord’s obligation to fund such costs shall expire.
(b) In addition to the Tenant Improvement Allowance, Landlord shall make available to Tenant Seventy Dollars ($70) per rentable square foot (the “Additional TI Allowance” and, collectively with the Tenant Improvement Allowance, the “Total TI Allowance”) of Additional Premises to construct the Tenant Improvements. Tenant shall pay to Landlord, as additional rent, the expended portion of the Additional TI Allowance amortized over the Extension Term at an interest rate of eleven percent (11%). Tenant shall have twenty-four (24) months from the Additional Premises Commencement Date to expend the unused portion of the Additional TI Allowance, after which date Landlord’s obligation to fund such costs shall expire.
(c) [Intentionally omitted]
(d) Tenant shall select the architect, engineer, general contractor and expense (major subcontractors performing the Tenant Improvements, subject to Landlord’s payment of the Improvement Allowance)prior written approval, the Tenant Improvements. The Tenant Improvements will be designed and constructed as described in this Exhibit “D”. Tenant will select the Contractor to be the general contractor to perform the Work. which approval Landlord shall have not unreasonably withhold, condition or delay.
(e) Notwithstanding any other provision herein or in the right Lease to approve the contrary, (such approval not a) with regard to be unreasonably withheldthe Additional Premises, conditioned or delayed) the Contractor and all subcontractors that will be performing any portion of the Work. All contractors that will be performing any portion of the Work Tenant shall be union contractors. Tenant will pay responsible for all direct liabilities, costs and indirect costs expenses arising out of or in connection with the design and construction compliance of the Tenant Improvements with the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (subject to together with regulations promulgated pursuant thereto, the Landlord’s payment “ADA”), and Tenant shall indemnify, defend and hold harmless Landlord from and against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of the Improvement Allowance as provided Tenant Improvements to comply with the ADA and (b) Landlord shall be responsible for herein). Such all liabilities, costs may include, without limitation, all costs and expenses arising out of preparing the Space Plan, construction document preparation, design, Plans and Specifications, general conditions, labor, materials, and other construction costs, the fees (on an hourly basis) of Contractor’s project manager and site superintendent for the Tenant Improvements, and all costs incurred or in connection with obtaining permits for the Tenant Improvements. For all purposes compliance of ownershipthe parking lots, including risk of loss theretocommon area walkways and landscaped areas surrounding the Property (collectively, the “Landlord Areas”) with the ADA, and Landlord shall indemnify, defend and hold harmless Tenant Improvements will immediately upon installation be from and remain a part against any loss, cost, liability or expense (including reasonable attorneys’ fees and disbursements) arising out of any failure of the Building and Landlord Areas to comply with the property of Landlord, provided that as provided in Section 15 ADA. The provisions of this Lease, Landlord may require Tenant to remove same upon Section 7(d) shall survive the expiration or earlier termination of the Lease Term. Lease, as amended by this Amendment.
(f) Possession of areas of the Additional Premises necessary for utilities, services, safety and operation of the Property is reserved to Landlord; provided, however, such areas shall not unreasonably restrict the use of the Additional Premises by Tenant currently occupies for the Premises under use that is permitted by the Existing Sublease Lease, and Landlord permits and its agents shall use commercially reasonable efforts to minimize any disturbance to Tenant when performing work in the Additional Premises related to immediately commence construction utilities, services, safety and operation of the Tenant Improvements from Property, and after the Effective Date of this Lease [subject to Tenant’s compliance with the terms and conditions of the Existing Sublease (if then applicable)shall, including, without limitation, Tenant’s receipt of approval from Tenant’s sublessor thereunder]. Tenant shall use its best efforts to complete the Tenant Improvements on or before July 31, 2017. Notwithstanding the foregoing sentence to the contrary, as part of the Tenant Improvements, Tenant shall perform the work necessary to separately demise the Premises from the remaining portion of the sixth (6th) floor of the Building, including the installation of a demising wall (the “Demising Work”) on or before April 1, 2017. Tenant acknowledges that the tenant except in the premises adjacent case of emergencies, provide Tenant with twenty-four (24) hours’ prior telephonic or written notice of any such work to the Premises will also be performing demising work. Tenant’s performance of the Demising Work shall be coordinated with Landlord and Tenant shall cooperate with Landlord and/or Landlord’s contractors in all ways to ensure the efficient and expeditious scheduling, staging and performance of the Demising Work. The Demising Work shall not adversely affect any construction work being performed by or for Landlord or its tenants and shall be performed in harmony with Landlord’s contractors and subcontractors and with other contractors and subcontractors in the Complex. agents.
(g) Tenant shall impose on and enforce all applicable terms of this Tenant Improvements Agreement against Tenant’s contractors. Landlord shall have the right to access the Additional Premises from and after the date hereof in order Tenant or any of Tenant’s contractors who violate the requirements imposed on Tenant or Tenant’s contractors in performing the Demising Work to cease performance of the Demising Work and to remove its equipment and employees from the Building. No such action by Landlord shall cause any extension of the Commencement Date nor relieve Tenant from any of its obligations under the Lease. Further, notwithstanding anything herein to the contrary, any delay in the completion of the Demising Work, or any interference to Tenant’s business operations or inconvenience suffered by Tenant during the performance of any adjacent tenant’s demising work shall not subject Landlord to any liability for any loss or damages resulting there from nor entitle Tenant to any credit, abatement or adjustment of Rent or other sum payable under the Lease, as amended hereby. During Tenant’s design, construction and installation of construct the Tenant Improvements, Tenant shall pay for all Building services and utilities, if and to the extent required, (i) in accordance with the Existing Sublease from the Effective Date through March 31, 2017, and (ii) in accordance with this Lease from and after April 1, 2017.
Appears in 2 contracts
Samples: Office/Laboratory Lease (Tetralogic Pharmaceuticals Corp), Office/Laboratory Lease (Tetralogic Pharmaceuticals Corp)
Tenant Improvements. All Tenant will cause to Improvements shall be constructedperformed by Tenant’s contractor, at Tenant’s sole cost and expense (subject to Landlord’s payment of the Improvement Allowance), the Tenant Improvements. The Tenant Improvements will be designed and constructed as described in this Exhibit “D”. Tenant will select the Contractor obligations with respect to be the general contractor to perform the Work. Landlord shall have the right to approve (such approval not to be unreasonably withheld, conditioned or delayed) the Contractor and all subcontractors that will be performing any portion of the WorkTI Allowance) and in accordance with the Approved Plans (as defined below), the Lease and this Work Letter. All contractors To the extent that will be performing any portion of the Work shall be union contractors. Tenant will pay all direct and indirect costs of the design and construction total projected cost of the Tenant Improvements (subject to as projected by Landlord) exceeds the Landlord’s payment of the Improvement TI Allowance as provided for herein). Such costs may include, without limitation, all costs of preparing the Space Plan, construction document preparation, design, Plans and Specifications, general conditions, labor, materials, and other construction costs(such excess, the fees (on an hourly basis) of Contractor’s project manager and site superintendent for “Excess TI Costs”), Tenant shall pay the Tenant Improvements, and all costs incurred in connection with obtaining permits for the Tenant Improvements. For all purposes of ownership, including risk of loss thereto, the Tenant Improvements will immediately upon installation be and remain a part of the Building and the property of Landlord, provided that as provided in Section 15 of this Lease, Landlord may require Tenant to remove same upon the expiration or earlier termination of the Lease Term. Tenant currently occupies the Premises under the Existing Sublease and Landlord permits Tenant to immediately commence construction of the Tenant Improvements from and after on a pari passu basis with Landlord as such costs become due, in the Effective Date proportion of this Lease [subject Excess TI Costs payable by Tenant to Tenant’s compliance with the terms and conditions TI Allowance payable by Landlord. If the cost of the Existing Sublease (if then applicable), including, without limitation, Tenant’s receipt of approval from Tenant’s sublessor thereunder]. Tenant shall use its best efforts to complete the Tenant Improvements on or before July 31(as projected by Landlord) increases over Landlord’s initial projection, 2017. Notwithstanding the foregoing sentence to the contrary, as part of the then Landlord may notify Tenant Improvements, Tenant shall perform the work necessary to separately demise the Premises from the remaining portion of the sixth (6th) floor of the Building, including the installation of a demising wall (the “Demising Work”) on or before April 1, 2017. Tenant acknowledges that the tenant in the premises adjacent to the Premises will also be performing demising work. Tenant’s performance of the Demising Work shall be coordinated with Landlord and Tenant shall cooperate with pay any additional Excess TI Costs in the same way that Tenant paid the initial Excess TI Costs. If Tenant fails to pay, or is late in paying, any sum due to Landlord and/or Landlord’s contractors in under this Work Letter, then Landlord shall have all ways to ensure the efficient and expeditious scheduling, staging and performance of the Demising Workrights and remedies set forth in the Lease for nonpayment of Rent (including the right to interest and the right to assess a late charge), and for purposes of any litigation instituted with regard to such amounts the same shall be considered Rent. The Demising Work shall not adversely affect any construction work being performed All material and equipment furnished by or for Landlord Tenant or its tenants and contractors as the Tenant Improvements shall be new or “like new;” the Tenant Improvements shall be performed in harmony with Landlord’s contractors a first-class, workmanlike manner; and subcontractors the quality of the Tenant Improvements shall be of a nature and with other contractors and subcontractors in character not less than the ComplexBuilding Standard. Tenant shall impose on take, and enforce all applicable terms of this Tenant Improvements Agreement against Tenant’s contractors. Landlord shall have require its contractors to take, commercially reasonable steps to protect the right to order Tenant or any of Tenant’s contractors who violate the requirements imposed on Tenant or Tenant’s contractors in performing the Demising Work to cease performance of the Demising Work and to remove its equipment and employees from the Building. No such action by Landlord shall cause any extension of the Commencement Date nor relieve Tenant from any of its obligations under the Lease. Further, notwithstanding anything herein to the contrary, any delay in the completion of the Demising Work, or any interference to Tenant’s business operations or inconvenience suffered by Tenant Premises during the performance of any adjacent tenant’s demising work Tenant Improvements, including covering or temporarily removing any window coverings so as to guard against dust, debris or damage. All Tenant Improvements shall not subject Landlord be performed in accordance with Article 17 of the Lease; provided that, notwithstanding anything in the Lease or this Work Letter to any liability for any loss or damages resulting there from nor entitle Tenant to any creditthe contrary, abatement or adjustment in the event of Rent or other sum payable under a conflict between this Work Letter and Article 17 of the Lease, as amended hereby. During Tenant’s design, construction and installation the terms of the Tenant Improvements, Tenant this Work Letter shall pay for all Building services and utilities, if and to the extent required, (i) in accordance with the Existing Sublease from the Effective Date through March 31, 2017, and (ii) in accordance with this Lease from and after April 1, 2017govern.
Appears in 2 contracts
Samples: Lease (Pandion Therapeutics Holdco LLC), Lease (Pandion Therapeutics Holdco LLC)
Tenant Improvements. 5.1. Tenant will shall cause appropriate improvements consistent with the Permitted Use (the "Tenant Improvements") to be constructedconstructed in the Premises pursuant to the Work Letter attached hereto as Exhibit E (the "Work Letter") at a cost to Landlord not to exceed Fifteen Million Dollars ($15,000,000.00) (the "TI Allowance"). The TI Allowance may be applied to the costs of (a) construction, at Tenant’s sole cost and expense (subject to Landlord’s payment b) project review by Landlord (which fee shall equal [***] percent ([***]%) of the Improvement cost of the Tenant Improvements, including the TI Allowance), the Tenant Improvements. The Tenant Improvements will be designed (c) commissioning of mechanical, electrical and constructed as described in this Exhibit “D”. Tenant will select the Contractor to be the general contractor to perform the Work. Landlord shall have the right to approve (such approval not to be unreasonably withheldplumbing systems by a licensed, conditioned or delayed) the Contractor and all subcontractors that will be performing any portion of the Work. All contractors that will be performing any portion of the Work shall be union contractors. Tenant will pay all direct and indirect costs of the design and construction of the Tenant Improvements (subject to the Landlord’s payment of the Improvement Allowance as provided for herein). Such costs may include, without limitation, all costs of preparing the Space Plan, construction document preparation, design, Plans and Specifications, general conditions, labor, materialsqualified commissioning agent hired by Tenant, and review of such party's commissioning report by a licensed, qualified commissioning agent hired by Landlord, (d) space planning, architect, engineering and other construction costsrelated services performed by third parties unaffiliated with Tenant, the fees (on an hourly basise) building permits and other taxes, fees, charges and levies by governmental authorities for permits or for inspections of Contractor’s project manager and site superintendent for the Tenant Improvements, and all (f) costs incurred and expenses for labor, material, equipment and fixtures. In no event shall the TI Allowance be used for (m) the cost of work that is not authorized by the Approved Plans (as defined in connection with obtaining permits for the Tenant Improvements. For all purposes of ownership, including risk of loss thereto, the Tenant Improvements will immediately upon installation be and remain a part of the Building and the property of Work Letter) or otherwise approved in writing by Landlord, provided that as provided in Section 15 of this Lease, Landlord may require Tenant (n) payments to remove same upon the expiration or earlier termination of the Lease Term. Tenant currently occupies the Premises under the Existing Sublease and Landlord permits Tenant to immediately commence construction of the Tenant Improvements from and after the Effective Date of this Lease [subject to Tenant’s compliance with the terms and conditions of the Existing Sublease (if then applicable), including, without limitation, Tenant’s receipt of approval from Tenant’s sublessor thereunder]. Tenant shall use its best efforts to complete the Tenant Improvements on or before July 31, 2017. Notwithstanding the foregoing sentence to the contrary, as part of the Tenant Improvements, Tenant shall perform the work necessary to separately demise the Premises from the remaining portion of the sixth (6th) floor of the Building, including the installation of a demising wall (the “Demising Work”) on or before April 1, 2017. Tenant acknowledges that the tenant in the premises adjacent to the Premises will also be performing demising work. Tenant’s performance of the Demising Work shall be coordinated with Landlord and Tenant shall cooperate with Landlord and/or Landlord’s contractors in all ways to ensure the efficient and expeditious scheduling, staging and performance of the Demising Work. The Demising Work shall not adversely affect any construction work being performed by or for Landlord or its tenants and shall be performed in harmony with Landlord’s contractors and subcontractors and with other contractors and subcontractors in the Complex. Tenant shall impose on and enforce all applicable terms of this Tenant Improvements Agreement against Tenant’s contractors. Landlord shall have the right to order Tenant or any affiliates of Tenant’s contractors who violate , (o) the requirements imposed on Tenant purchase of any furniture, personal property or Tenant’s contractors in performing the Demising Work to cease performance of the Demising Work and to remove its equipment and employees from the Building. No such action by Landlord shall cause any extension of the Commencement Date nor relieve Tenant other non-building system equipment, (p) costs resulting from any default by Tenant of its obligations under this Lease or (q) costs that are recoverable by Tenant from a third party (e.g., insurers, warrantors, or tortfeasors).
5.2. Tenant shall have until June 30, 2037 to request disbursement for the Leasefinal installment of the TI Allowance, and may request no more than fifteen (15) disbursements of the TI Allowance, with each disbursement (other than the final disbursement) being no less than [***] Dollars ($[***]). FurtherLandlord's obligation to disburse any of the TI Allowance shall be conditional upon Tenant's satisfaction of the conditions precedent to funding of the TI Allowance set forth in Section 6.3 of the Work Letter. In addition, notwithstanding anything herein Landlord’s obligation to disburse any of the contraryTI Allowance in excess of Fourteen Million Five Hundred Thousand Dollars ($14,500,000.00) shall be conditioned upon the satisfaction of the following: (a) Tenant's delivery to Landlord of a certificate of occupancy for the Premises suitable for the Permitted Use, any delay as applicable; (b) Tenant's delivery to Landlord of a Certificate of Substantial Completion in the completion form of the Demising WorkAmerican Institute of Architects document G704, executed by the project architect and the general contractor or any interference such other form or certification as may be reasonably acceptable to Tenant’s business operations or inconvenience suffered by Tenant during the performance of any adjacent tenant’s demising work shall not subject Landlord to any liability for any loss or damages resulting there from nor entitle Tenant to any credit, abatement or adjustment of Rent or other sum payable under the Lease, as amended hereby. During Tenant’s design, construction and installation of the Tenant Improvements, Tenant shall pay for all Building services and utilities, if and to the extent required, (i) in accordance with the Existing Sublease from the Effective Date through March 31, 2017, and (ii) in accordance with this Lease from and after April 1, 2017.Landlord;
Appears in 2 contracts
Samples: Lease Agreement (Ascend Wellness Holdings, LLC), Lease Agreement (Ascend Wellness Holdings, LLC)
Tenant Improvements. Tenant will cause to be constructedLandlord shall install, at Tenant’s sole cost and expense (subject to Landlord’s payment of the Improvement Allowance)'s expense, the tenant improvements (hereinafter the "Tenant Improvements. The Tenant Improvements will be designed ") in a good and constructed workmanlike manner using only first-class materials and in compliance with Governmental Regulations as described defined in this Exhibit “D”. Tenant will select the Contractor to be the general contractor to perform the Work. Landlord shall have the right to approve (such approval not to be unreasonably withheldParagraph 16, conditioned or delayed) the Contractor and all subcontractors that will be performing any portion of the Work. All contractors that will be performing any portion of the Work shall be union contractors. Tenant will pay all direct and indirect costs of the design and construction of set forth in both the Tenant Improvements (subject Improvement Specifications attached hereto as Exhibit C-1, the construction drawings attached hereto as Exhibit C-2, and the landscaping plan attached hereto as Exhibit C-3. Notwithstanding anything to the Landlord’s payment of the Improvement Allowance as provided for herein). Such costs may include, without limitation, all costs of preparing the Space Plan, construction document preparation, design, Plans and Specifications, general conditions, labor, materials, and other construction costs, the fees (on an hourly basis) of Contractor’s project manager and site superintendent for the Tenant Improvements, and all costs incurred contrary contained in connection with obtaining permits for the Tenant Improvements. For all purposes of ownership, including risk of loss thereto, the Tenant Improvements will immediately upon installation be and remain a part of the Building and the property of Landlord, provided that as provided in Section 15 of this Lease, the Landlord may require Tenant shall diligently endeavor to remove same upon the expiration or earlier termination of the Lease Term. Tenant currently occupies the Premises under the Existing Sublease and Landlord permits Tenant complete (except for punch list items) satisfactory to immediately commence construction of the Tenant Improvements from and after the Effective Date of this Lease [subject to Tenant’s compliance with Landlord the terms and conditions of so-called "manufacturing area" designated on the Existing Sublease (if then applicable), including, without limitation, Tenant’s receipt of approval from Tenant’s sublessor thereunder]. Tenant shall use its best efforts to complete the Tenant Improvements on or before July 31, 2017. Notwithstanding the foregoing sentence to the contrary, construction drawings attached hereto as part of the Tenant Improvements, Tenant shall perform the work necessary to separately demise the Premises from the remaining portion of the sixth (6th) floor of the Building, including the installation of a demising wall Exhibit C-2 (the “Demising Work”"Manufacturing Area") on or before April 1, 2017. Tenant acknowledges that sixty (60) calendar days from the tenant in the premises adjacent to the Premises will also be performing demising work. Tenant’s performance of the Demising Work shall be coordinated with Landlord and Tenant shall cooperate with Landlord and/or Landlord’s contractors in all ways to ensure the efficient and expeditious scheduling, staging and performance of the Demising Work. The Demising Work shall not adversely affect any construction work being performed by or for Landlord or its tenants and shall be performed in harmony with Landlord’s contractors and subcontractors and with other contractors and subcontractors in the Complex. Tenant shall impose on and enforce all applicable terms full execution of this Lease Agreement. Upon completion, the Landlord will notify the Tenant Improvements Agreement against Tenant’s contractors. Landlord that a written approval of occupancy from Xxxxxx County has been obtained at which time the Tenant shall have the right option to order occupy the Manufacturing Area at any time prior to the Commencement Date. If occupied by the Tenant or any of Tenant’s contractors who violate prior to the requirements imposed on Commencement Date, the Tenant or Tenant’s contractors shall pay the pro rata Base Rental and all other charges specified in performing this Lease for the Demising Work period from such occupancy to cease performance of the Demising Work and to remove its equipment and employees from the Building. No such action by Landlord shall cause any extension of the Commencement Date nor relieve Tenant from any based on the ratio of its obligations under the Lease. Further, notwithstanding anything herein leasable square footage of the Manufacturing Space to the contrary, any delay in the completion leasable square footage of the Demising Work, or any interference to Tenant’s business operations or inconvenience suffered by Tenant during Premises which amounts shall be due and payable on the performance of any adjacent tenant’s demising work shall not subject Landlord to any liability for any loss or damages resulting there from nor entitle Tenant to any credit, abatement or adjustment of Rent or other sum payable under the Lease, as amended herebyCommencement Date. During Tenant’s design, construction and installation of the Tenant Improvements, Tenant shall pay for all Building services and utilities, if and All references in this Lease to the extent required, (i) in accordance with the Existing Sublease from the Effective Date through March 31, 2017, and (ii) in accordance with term of this Lease shall include the period from and after April 1, 2017such occupancy to the Commencement Date.
Appears in 2 contracts
Samples: Lease Agreement (Sync Research Inc), Lease Agreement (Entrada Networks Inc)
Tenant Improvements. All Tenant will cause to Improvements shall be constructedperformed by Tenant’s contractor, at Tenant’s sole cost and expense (subject to Landlord’s payment of the Improvement Allowance), the Tenant Improvements. The Tenant Improvements will be designed and constructed as described in this Exhibit “D”. Tenant will select the Contractor obligations with respect to be the general contractor to perform the Work. Landlord shall have the right to approve (such approval not to be unreasonably withheld, conditioned or delayed) the Contractor and all subcontractors that will be performing any portion of the Work. All contractors that will be performing any portion Base TI Allowance and, if properly requested by Tenant pursuant to the terms of the Lease, the Additional TI Allowance) and in accordance with the Approved Plans (as defined below), the Lease and this Work shall be union contractorsLetter. Tenant will pay all direct and indirect costs of To the design and construction extent that the total projected cost of the Tenant Improvements (subject as projected by Landlord) exceeds the TI Allowance (such excess, the “Excess TI Costs”), Tenant shall pay the costs of the Tenant Improvements prior to the Landlord’s payment expenditure of all or any portion of the Improvement TI Allowance. If the cost of the Tenant Improvements (as projected by Landlord) increases over Landlord’s initial projection, then Landlord may notify Tenant and cease funding any TI Allowance as provided for herein). Such costs may include, without limitation, all until Tenant has paid such additional Excess TI Costs towards the costs of preparing the Space Plan, construction document preparation, design, Plans and Specifications, general conditions, labor, materials, and other construction costs, the fees (on an hourly basis) of Contractor’s project manager and site superintendent for the Tenant Improvements, and all costs incurred in connection with obtaining permits for the Tenant Improvements. For If Tenant fails to pay any sum due to Landlord under this Work Letter, then Landlord shall have all of the rights and remedies set forth in the Lease for nonpayment of Rent (including the right to interest and the right to assess a late charge), and for purposes of ownership, including risk of loss thereto, any litigation instituted with regard to such amounts the same shall be considered Rent. All material and equipment furnished by Tenant or its contractors as the Tenant Improvements will immediately upon installation shall be and remain new or “like new;” the Tenant Improvements shall be performed in a part of the Building first-class, workmanlike manner; and the property of Landlord, provided that as provided in Section 15 of this Lease, Landlord may require Tenant to remove same upon the expiration or earlier termination of the Lease Term. Tenant currently occupies the Premises under the Existing Sublease and Landlord permits Tenant to immediately commence construction quality of the Tenant Improvements from shall be of a nature and after character not less than the Effective Date of this Lease [subject to Tenant’s compliance with the terms and conditions of the Existing Sublease (if then applicable), including, without limitation, Tenant’s receipt of approval from Tenant’s sublessor thereunder]Building Standard. Tenant shall use take, and shall require its best efforts contractors to complete the Tenant Improvements on or before July 31take, 2017. Notwithstanding the foregoing sentence commercially reasonable steps to the contrary, as part of the Tenant Improvements, Tenant shall perform the work necessary to separately demise protect the Premises from the remaining portion of the sixth (6th) floor of the Building, including the installation of a demising wall (the “Demising Work”) on or before April 1, 2017. Tenant acknowledges that the tenant in the premises adjacent to the Premises will also be performing demising work. Tenant’s performance of the Demising Work shall be coordinated with Landlord and Tenant shall cooperate with Landlord and/or Landlord’s contractors in all ways to ensure the efficient and expeditious scheduling, staging and performance of the Demising Work. The Demising Work shall not adversely affect any construction work being performed by or for Landlord or its tenants and shall be performed in harmony with Landlord’s contractors and subcontractors and with other contractors and subcontractors in the Complex. Tenant shall impose on and enforce all applicable terms of this Tenant Improvements Agreement against Tenant’s contractors. Landlord shall have the right to order Tenant or any of Tenant’s contractors who violate the requirements imposed on Tenant or Tenant’s contractors in performing the Demising Work to cease performance of the Demising Work and to remove its equipment and employees from the Building. No such action by Landlord shall cause any extension of the Commencement Date nor relieve Tenant from any of its obligations under the Lease. Further, notwithstanding anything herein to the contrary, any delay in the completion of the Demising Work, or any interference to Tenant’s business operations or inconvenience suffered by Tenant during the performance of any adjacent tenant’s demising work Tenant Improvements, including covering or temporarily removing any window coverings so as to guard against dust, debris or damage. All Tenant Improvements shall not subject Landlord be performed in accordance with Article 17 of the Lease; provided that, notwithstanding anything in the Lease or this Work Letter to any liability for any loss or damages resulting there from nor entitle Tenant to any creditthe contrary, abatement or adjustment in the event of Rent or other sum payable under a conflict between this Work Letter and Article 17 of the Lease, as amended hereby. During Tenant’s design, construction and installation the terms of the Tenant Improvements, Tenant this Work Letter shall pay for all Building services and utilities, if and to the extent required, (i) in accordance with the Existing Sublease from the Effective Date through March 31, 2017, and (ii) in accordance with this Lease from and after April 1, 2017govern.
Appears in 2 contracts
Samples: Lease Agreement (Spark Therapeutics, Inc.), Lease Agreement (Spark Therapeutics, Inc.)
Tenant Improvements. 5.1. Landlord shall make available to Tenant will cause an allowance not to exceed Seventy-Two Thousand One Hundred Twenty Dollars ($72,120) (the “Allowance”) in order to construct certain improvements within the Premises consistent with the Permitted Use (the “Tenant Improvements”). Any Tenant Improvements shall be constructed, designed and constructed by Tenant (at Tenant’s sole cost and expense (subject to Landlord’s payment of the Improvement Allowanceexpense); provided, the Tenant Improvements. The however, that any such Tenant Improvements will shall be considered Alterations and shall be subject to, and shall be designed and constructed as described installed in this Exhibit “D”. Tenant will select the Contractor to be the general contractor to perform the Work. Landlord shall have the right to approve (such approval not to be unreasonably withheldaccordance with, conditioned or delayed) the Contractor and all subcontractors that will be performing any portion of the Work. All contractors that will be performing any portion of the Work shall be union contractors. Tenant will pay all direct terms, conditions and indirect costs of the design and construction of the Tenant Improvements (subject to the Landlord’s payment of the Improvement Allowance as provided for herein). Such costs may include, without limitation, all costs of preparing the Space Plan, construction document preparation, design, Plans and Specifications, general conditions, labor, materials, and other construction costs, the fees (on an hourly basis) of Contractor’s project manager and site superintendent for the Tenant Improvements, and all costs incurred in connection with obtaining permits for the Tenant Improvements. For all purposes of ownership, including risk of loss thereto, the Tenant Improvements will immediately upon installation be and remain a part of the Building and the property of Landlord, provided that as provided in Section 15 of this Lease, Landlord may require Tenant to remove same upon the expiration or earlier termination provisions of the Lease Term. Tenant currently occupies the Premises under the Existing Sublease and Landlord permits Tenant to immediately commence construction of the Tenant Improvements from and after the Effective Date of this Lease [subject to Tenant’s compliance with the terms and conditions of the Existing Sublease (if then applicable), including, without limitation, Tenant’s receipt the prior written approval provisions and all other terms, conditions and provisions of approval from Tenant’s sublessor thereunder]. Tenant Article 17 of the Lease; provided that, the first two (2) sentences of Section 17.8 of the Lease shall use its best efforts not apply to complete the Tenant Improvements on or before July 31, 2017since Tenant is already obligated to pay a project review fee in accordance with Section 5.1(b) below). Notwithstanding the foregoing sentence The Allowance may be applied by Tenant to the contrarycosts of (a) construction, as part (b) project review by Landlord (which fee shall equal three percent (3%) of the cost of the Tenant Improvements, Tenant shall perform including the work necessary to separately demise the Premises from the remaining portion Allowance), (c) commissioning of mechanical, electrical and plumbing systems by a licensed, qualified commissioning agent hired by Tenant, and review of such party’s commissioning report by a licensed, qualified commissioning agent hired by Landlord, (d) space planning, architect, engineering and other related services performed by third parties unaffiliated with Tenant, (e) building permits and other taxes, fees, charges and levies by Governmental Authorities for permits or for inspections of the sixth Tenant Improvements, (6thf) floor costs and expenses for labor, material, equipment and fixtures, and (g) furniture, personal property or other non-building system equipment (but in no event may more than Twenty-Four Thousand Forty Dollars ($24,040) of the Building, including the installation of a demising wall (the “Demising Work”) on or before April 1, 2017. Tenant acknowledges that the tenant in the premises adjacent Allowance be applied to the Premises will also costs described in this subsection (g)). In no event shall the Allowance be performing demising work. Tenant’s performance used for (v) the cost of the Demising Work shall be coordinated with Landlord and Tenant shall cooperate with Landlord and/or work that is not approved in writing by Landlord’s contractors in all ways , (w) payments to ensure the efficient and expeditious scheduling, staging and performance of the Demising Work. The Demising Work shall not adversely affect any construction work being performed by or for Landlord or its tenants and shall be performed in harmony with Landlord’s contractors and subcontractors and with other contractors and subcontractors in the Complex. Tenant shall impose on and enforce all applicable terms of this Tenant Improvements Agreement against Tenant’s contractors. Landlord shall have the right to order Tenant or any affiliates of Tenant’s contractors who violate , (x) the requirements imposed on Tenant purchase of any furniture, personal property or Tenant’s contractors other non-building system equipment in performing the Demising Work to cease performance excess of the Demising Work and to remove its equipment and employees from the Building. No such action by Landlord shall cause any extension of the Commencement Date nor relieve Tenant limitation set forth in subsection (g) above, (y) costs resulting from any default by Tenant of its obligations under the Lease. FurtherLease or (z) costs that are recoverable by Tenant from a third party (e.g., notwithstanding anything herein to the contraryinsurers, any delay in the completion of the Demising Workwarrantors, or any interference to Tenant’s business operations or inconvenience suffered by Tenant during the performance of any adjacent tenant’s demising work shall not subject Landlord to any liability for any loss or damages resulting there from nor entitle Tenant to any credit, abatement or adjustment of Rent or other sum payable under the Lease, as amended hereby. During Tenant’s design, construction and installation of the Tenant Improvements, Tenant shall pay for all Building services and utilities, if and to the extent required, (i) in accordance with the Existing Sublease from the Effective Date through March 31, 2017, and (ii) in accordance with this Lease from and after April 1, 2017tortfeasors).
Appears in 2 contracts
Tenant Improvements. Except for any Tenant will cause Improvements that Tenant elects for Landlord to perform pursuant to Article 4 of the Lease, all Tenant Improvements shall be constructedperformed by Tenant’s contractor, at Tenant’s sole cost and expense (subject to Landlord’s payment of the Improvement Allowance), the Tenant Improvements. The Tenant Improvements will be designed and constructed as described in this Exhibit “D”. Tenant will select the Contractor obligations with respect to be the general contractor to perform the Work. Landlord shall have the right to approve (such approval not to be unreasonably withheld, conditioned or delayed) the Contractor and all subcontractors that will be performing any portion of the WorkTI Allowance) and in accordance with the Approved Plans (as defined below), the Lease and this Tenant Work Letter. All contractors To the extent that will be performing any portion of the Work shall be union contractors. Tenant will pay all direct and indirect costs of the design and construction total projected cost of the Tenant Improvements (subject to as reasonably projected by Landlord) exceeds the Landlord’s payment of the Improvement TI Allowance as provided for herein). Such costs may include, without limitation, all costs of preparing the Space Plan, construction document preparation, design, Plans and Specifications, general conditions, labor, materials, and other construction costs(such excess, the fees (on an hourly basis) of Contractor’s project manager and site superintendent for “Excess TI Costs”), Tenant shall pay the Tenant Improvements, and all costs incurred in connection with obtaining permits for the Tenant Improvements. For all purposes of ownership, including risk of loss thereto, the Tenant Improvements will immediately upon installation be and remain a part of the Building and the property of Landlord, provided that as provided in Section 15 of this Lease, Landlord may require Tenant to remove same upon the expiration or earlier termination of the Lease Term. Tenant currently occupies the Premises under the Existing Sublease and Landlord permits Tenant to immediately commence construction of the Tenant Improvements from and after on a pari passu basis with Landlord as such costs become due, in the Effective Date proportion of Excess TI Costs payable by Tenant to the TI Allowance payable by Landlord. If Tenant fails to pay, or is late in paying, any sum due to Landlord under this Lease [subject to Tenant’s compliance with the terms and conditions Tenant Work Letter, then Landlord shall have all of the Existing Sublease rights and remedies set forth in the Lease for nonpayment of Rent (if then applicableincluding the right to interest), including, without limitation, Tenant’s receipt and for purposes of approval from Tenant’s sublessor thereunder]any litigation instituted with regard to such amounts the same shall be considered Rent. All material and equipment furnished by Tenant shall use or its best efforts to complete contractors as the Tenant Improvements on shall be new or before July 31, 2017. Notwithstanding the foregoing sentence to the contrary, as part of “like new;” the Tenant Improvements, Tenant shall perform the work necessary to separately demise the Premises from the remaining portion of the sixth (6th) floor of the Building, including the installation of a demising wall (the “Demising Work”) on or before April 1, 2017. Tenant acknowledges that the tenant in the premises adjacent to the Premises will also be performing demising work. Tenant’s performance of the Demising Work shall be coordinated with Landlord and Tenant shall cooperate with Landlord and/or Landlord’s contractors in all ways to ensure the efficient and expeditious scheduling, staging and performance of the Demising Work. The Demising Work shall not adversely affect any construction work being performed by or for Landlord or its tenants and Improvements shall be performed in harmony with Landlord’s contractors a first-class, workmanlike manner; and subcontractors the quality of the Tenant Improvements shall be of a nature and with other contractors and subcontractors in character not less than the ComplexBuilding Standard. Tenant shall impose on take, and enforce all applicable terms of this Tenant Improvements Agreement against Tenant’s contractors. Landlord shall have the right to order Tenant or any of Tenant’s contractors who violate the requirements imposed on Tenant or Tenant’s contractors in performing the Demising Work to cease performance of the Demising Work and to remove its equipment and employees from the Building. No such action by Landlord shall cause any extension of its contractors to take, commercially reasonable steps to protect the Commencement Date nor relieve Tenant from any of its obligations under the Lease. Further, notwithstanding anything herein to the contrary, any delay in the completion of the Demising Work, or any interference to Tenant’s business operations or inconvenience suffered by Tenant Premises during the performance of any adjacent tenant’s demising work shall not subject Landlord to any liability for any loss or damages resulting there from nor entitle Tenant to any credit, abatement or adjustment of Rent or other sum payable under the Lease, as amended hereby. During Tenant’s design, construction and installation of the Tenant Improvements, Tenant shall pay for all Building services and utilitiesincluding covering or temporarily removing any window coverings so as to guard against dust, if and to the extent required, (i) in accordance with the Existing Sublease from the Effective Date through March 31, 2017, and (ii) in accordance with this Lease from and after April 1, 2017debris or damage.
Appears in 2 contracts
Samples: Lease (Halozyme Therapeutics Inc), Lease (Halozyme Therapeutics Inc)
Tenant Improvements. Any initial Tenant will cause Improvements (the “Tenant Improvements”) that Tenant may desire to make in, to or upon the Premises, shall be constructed, made at Tenant’s sole cost and expense expense, and only after first submitting the plans and specifications therefor to Landlord and obtaining the consent of Landlord thereto in writing, which consent shall not be unreasonably withheld and, thereafter, obtaining all required governmental approvals therefor. Any such Tenant Improvements (subject to Landlord’s payment except trade fixtures) shall at once become a part of the Improvement Allowance), Premises and shall be surrendered to Landlord upon the expiration or sooner termination of this Lease. All work with respect to the Tenant ImprovementsImprovements must be done in a good and workmanlike manner and diligently prosecuted to completion to the end that the improvements on the Premises shall at all times be a complete unit except during the period of work. The Any such Tenant Improvements will shall be designed performed and constructed as described done strictly in this Exhibit “D”accordance with the laws and ordinances relating thereto, and with the requirements of all carriers of insurance on the Premises. In performing the work of any such Tenant will select Improvements, Tenant agrees to use a bondable contractor, which contractor shall be either (1) one of the Contractor contractors set forth in a listing of approved contractors prepared by Landlord, or (2) if not set forth in such a listing, approved by Landlord in writing prior to be the general contractor to perform the Work. Landlord shall have the right to approve (commencement of Tenant’s work, such approval not to be unreasonably withheld, conditioned or delayed) the Contractor ; and all subcontractors that will be performing any portion of the Work. All contractors that will be performing any portion of the Work shall be union contractors. Tenant will pay all direct and indirect costs of the design and construction of the Tenant Improvements (subject to the Landlord’s payment of the Improvement Allowance as provided for herein). Such costs may include, without limitation, all costs of preparing the Space Plan, construction document preparation, design, Plans and Specifications, general conditions, labor, materials, and other construction costs, the fees (on an hourly basis) of Contractor’s project manager and site superintendent for the Tenant Improvements, and all costs incurred in connection with obtaining permits for the Tenant Improvements. For all purposes of ownership, including risk of loss thereto, the Tenant Improvements will immediately upon installation be and remain a part of the Building and the property of Landlord, provided that as provided in Section 15 of this Lease, Landlord may require Tenant to remove same upon the expiration or earlier termination of the Lease Term. Tenant currently occupies the Premises under the Existing Sublease and Landlord permits Tenant to immediately commence construction of the Tenant Improvements from and after the Effective Date of this Lease [subject to Tenant’s compliance with the terms and conditions of the Existing Sublease (if then applicable), including, without limitation, Tenant’s receipt of approval from Tenant’s sublessor thereunder]. Tenant shall use its best efforts have the work performed in such a manner so as not to complete obstruct the Tenant Improvements on access of any other tenant in the Project. Before commencing any such work or before July 31, 2017. Notwithstanding construction in or about the foregoing sentence to the contrary, as part of the Tenant ImprovementsPremises, Tenant shall perform the work necessary to separately demise the Premises from the remaining portion notify Landlord in writing of the sixth (6th) floor expected date of the Building, including the installation of a demising wall (the “Demising Work”) on or before April 1, 2017. Tenant acknowledges that the tenant in the premises adjacent to the Premises will also be performing demising work. Tenant’s performance of the Demising Work shall be coordinated with Landlord and Tenant shall cooperate with Landlord and/or Landlord’s contractors in all ways to ensure the efficient and expeditious scheduling, staging and performance of the Demising Work. The Demising Work shall not adversely affect any construction work being performed by or for Landlord or its tenants and shall be performed in harmony with Landlord’s contractors and subcontractors and with other contractors and subcontractors in the Complex. Tenant shall impose on and enforce all applicable terms of this Tenant Improvements Agreement against Tenant’s contractorscommencement thereof. Landlord shall have the right at any time and from time to order Tenant time to post and maintain on the Premises such notices as Landlord deems necessary to protect the Premises and Landlord from the liens of mechanics, laborers, materialmen, suppliers or any of vendors. Landlord’s Initials CZ Tenant’s contractors who violate the requirements imposed on Tenant or Tenant’s contractors in performing the Demising Work to cease performance of the Demising Work and to remove its equipment and employees from the Building. No such action by Landlord shall cause any extension of the Commencement Date nor relieve Tenant from any of its obligations under the Lease. Further, notwithstanding anything herein to the contrary, any delay in the completion of the Demising Work, or any interference to Tenant’s business operations or inconvenience suffered by Tenant during the performance of any adjacent tenant’s demising work shall not subject Landlord to any liability for any loss or damages resulting there from nor entitle Tenant to any credit, abatement or adjustment of Rent or other sum payable under the Lease, as amended hereby. During Tenant’s design, construction and installation of the Tenant Improvements, Tenant shall pay for all Building services and utilities, if and to the extent required, (i) in accordance with the Existing Sublease from the Effective Date through March 31, 2017, and (ii) in accordance with this Lease from and after April 1, 2017.Initials HZ
Appears in 2 contracts
Samples: Multi Purpose Commercial Building Lease (Sientra, Inc.), Multi Purpose Commercial Building Lease (Sientra, Inc.)
Tenant Improvements. i. Tenant will cause to Improvements and recreational vehicles must be constructedplaced within the property lines of the Site and not encroach onto any neighbouring sites.
ii. Maximum two (2) sheds per Site, at with a maximum size of one hundred twenty (120) square feet per shed.
iii. Shall not be built within four (4) feet of neighboring Tenant’s sole cost and expense (subject to Landlord’s payment structures, regardless of the Improvement Allowance)placement of those neighboring structures.
iv. Shall be setback a minimum of four (4) feet from PLGC roads. Existing Tenant improvements that do not meet the section 2d) rules (excluding number of sheds) as of April 1st, 2022 may remain “as-is” until a transfer of ownership takes place. Prior to any transfer of ownership (including but not limited to sale, gift, bequeathment) the Site must be brought into compliance with the rules before a transfer of ownership will be accepted by the Landlord. After April 1st, 2022, if a Site has NOT been brought into compliance with the section 2d) rules prior to a transfer of ownership taking place, the Landlord may immediately demand that the new owner bring the Site into compliance. Any cost, legal suit, or other remedy sought by the new Tenant Improvements. The Tenant Improvements will be designed and constructed as described in this Exhibit “D”. Tenant will select the Contractor to shall be the general contractor sole responsibility of the previous Tenant. All signatories to perform this Agreement will hold the Work. Landlord shall have the right to approve Landlord, Pigeon Lake Golf Club (such approval not to be unreasonably withheld1991) Holdings Ltd. and each of their directors, conditioned or delayed) the Contractor officers, employees, contractors, managers, agents and shareholders, and all subcontractors that will be performing of their successors and assigns, from any portion of the Work. All contractors that will be performing any portion of the Work shall be union contractors. Tenant will pay and all direct costs, charges, claims, actions, losses, damages, expenses and indirect costs of the design and construction of the Tenant Improvements liabilities (subject to including the Landlord’s payment of the Improvement Allowance legal costs as provided for herein). Such costs may include, without limitation, all costs of preparing the Space Plan, construction document preparation, design, Plans between solicitor and Specifications, general conditions, labor, materials, and other construction costs, the fees (their own client on an hourly a full indemnity basis) that may result from any transfer of Contractor’s project manager and site superintendent for the Tenant Improvementsownership. The Landlord, in its sole unfettered discretion, will exercise any and all costs incurred in connection with obtaining permits for the Tenant Improvements. For all purposes rights available to it under this Lease Agreement to bring Sites into compliance upon transfer of ownership, including risk of loss thereto, the Tenant Improvements will immediately upon installation be and remain a part of the Building and the property of Landlord, provided that as provided in Section 15 of this Lease, Landlord may require Tenant to remove same upon the expiration or earlier termination of the Lease Term. Tenant currently occupies the Premises under the Existing Sublease and Landlord permits Tenant to immediately commence construction of the Tenant Improvements from and after the Effective Date of this Lease [subject to Tenant’s compliance with the terms and conditions of the Existing Sublease (if then applicable), including, without limitation, Tenant’s receipt of approval from Tenant’s sublessor thereunder]. Tenant shall use its best efforts to complete the Tenant Improvements on or before July 31, 2017. Notwithstanding the foregoing sentence to the contrary, as part of the Tenant Improvements, Tenant shall perform the work necessary to separately demise the Premises from the remaining portion of the sixth (6th) floor of the Building, including the installation of a demising wall (the “Demising Work”) on or before April 1, 2017. Tenant acknowledges that the tenant in the premises adjacent to the Premises will also be performing demising work. Tenant’s performance of the Demising Work shall be coordinated with Landlord and Tenant shall cooperate with Landlord and/or Landlord’s contractors in all ways to ensure the efficient and expeditious scheduling, staging and performance of the Demising Work. The Demising Work shall not adversely affect any construction work being performed by or for Landlord or its tenants and shall be performed in harmony with Landlord’s contractors and subcontractors and with other contractors and subcontractors in the Complex. Tenant shall impose on and enforce all applicable terms of this Tenant Improvements Agreement against Tenant’s contractors. Landlord shall have the right to order Tenant or any of Tenant’s contractors who violate the requirements imposed on Tenant or Tenant’s contractors in performing the Demising Work to cease performance of the Demising Work and to remove its equipment and employees from the Building. No such action by Landlord shall cause any extension of the Commencement Date nor relieve Tenant from any of its obligations under the Lease. Further, notwithstanding anything herein to the contrary, any delay in the completion of the Demising Work, or any interference to Tenant’s business operations or inconvenience suffered by Tenant during the performance of any adjacent tenant’s demising work shall not subject Landlord to any liability for any loss or damages resulting there from nor entitle Tenant to any credit, abatement or adjustment of Rent or other sum payable under the Lease, as amended hereby. During Tenant’s design, construction and installation of the Tenant Improvements, Tenant shall pay for all Building services and utilities, if and to the extent required, (i) in accordance with the Existing Sublease from the Effective Date through March 31, 2017, and (ii) in accordance with this Lease from and after April 1, 2017.
Appears in 2 contracts
Samples: Lease Agreement, Lease Agreement
Tenant Improvements. Tenant will cause 18.1 Lessor shall provide Lessee with a tenant improvement allowance of $47,520 (the "Allowance") for new carpeting and paint to the Premises (collectively, the "Work"). All aspects of completion of the Work (including selection of materials and contractors) shall be constructed, at Tenant’s sole cost and expense (subject to Landlord’s Lessor's reasonable prior approval. The Allowance shall be payable within 15 days after satisfaction of the following conditions: (i) the Work shall have been fully completed, (ii) Lessee shall provide Lessor with invoices for all costs relating to the Work (together with such supporting information as Lessor may reasonably request), and (iii) the building and the Premises shall not be subject to any lien arising in connection with the Work or any other work undertaken by Lessee or on its behalf and Lessor shall have received final lien release documents (in form and substance acceptable to Lessor) from all general contractors, subcontractors, materialmen and other vendors who provided materials, goods and/or services in connection with the Work. The Allowance shall not be used for any purpose other than payment of the Improvement Allowance), the Tenant Improvements. The Tenant Improvements will be designed and constructed as described in this Exhibit “D”. Tenant will select the Contractor to be the general contractor to perform costs associated with the Work. Landlord An unused Allowance shall revert and be paid to Lessor. Rent shall commence to accrue and be payable on the Rent Commencement Date specified in the Basic Lease Provisions notwithstanding the failure for any reason to complete the Work on or before such Rent Commencement Date. Notwithstanding the above, Lessor shall have no obligation to disburse the right to approve (such approval not to be unreasonably withheld, conditioned Allowance or delayed) the Contractor and all subcontractors that will be performing any portion part thereof if any of the Workconditions set forth above is not satisfied on or before September 30, 2000. All contractors Lessor represents that will be performing any portion of the Work Premises on the Commencement Date are in good working order and repair, including the plumbing, electrical, HVAC and lighting. Any ceiling tiles in the Premises which are damaged on the Commencement Date shall be union contractorspromptly replaced by Lessor. Tenant will pay all direct and indirect costs of the design and construction of the Tenant Improvements (subject to the Landlord’s payment of the Improvement Allowance as provided for herein). Such costs may include, without limitation, all costs of preparing the Space Plan, construction document preparation, design, Plans and Specifications, general conditions, labor, materials, and other construction costs, the fees (on an hourly basis) of Contractor’s project manager and site superintendent for the Tenant Improvements, and all costs incurred in connection with obtaining permits for the Tenant Improvements. For all purposes of ownership, including risk of loss thereto, the Tenant Improvements will immediately upon installation be and remain a part of the Building and the property of Landlord, provided that Except as provided in this Section 15 of this Lease18.1, Landlord may require Tenant to remove same upon the expiration or earlier termination of the Lease Term. Tenant currently occupies the Premises under the Existing Sublease and Landlord permits Tenant to immediately commence construction of the Tenant Improvements from and after the Effective Date of this Lease [subject to Tenant’s compliance with the terms and conditions of the Existing Sublease (if then applicable), including, without limitation, Tenant’s receipt of approval from Tenant’s sublessor thereunder]. Tenant shall use its best efforts to complete the Tenant Improvements on or before July 31, 2017. Notwithstanding the foregoing sentence to the contrary, as part of the Tenant Improvements, Tenant shall perform the work necessary to separately demise the Premises from the remaining portion of the sixth (6th) floor of the Building, including the installation of a demising wall (the “Demising Work”) on or before April 1, 2017. Tenant acknowledges that the tenant in the premises adjacent to the Premises will also be performing demising work. Tenant’s performance of the Demising Work shall be coordinated with Landlord and Tenant shall cooperate with Landlord and/or Landlord’s contractors delivered in all ways to ensure the efficient and expeditious scheduling, staging and performance of the Demising Work. The Demising Work shall not adversely affect any construction work being performed by or for Landlord or its tenants and shall be performed in harmony with Landlord’s contractors and subcontractors and with other contractors and subcontractors in the Complex. Tenant shall impose on and enforce all applicable terms of this Tenant Improvements Agreement against Tenant’s contractors. Landlord shall have the right to order Tenant or any of Tenant’s contractors who violate the requirements imposed on Tenant or Tenant’s contractors in performing the Demising Work to cease performance of the Demising Work and to remove its equipment and employees from the Building. No such action by Landlord shall cause any extension of the Commencement Date nor relieve Tenant from any of its obligations under the Lease. Further, notwithstanding anything herein to the contrary, any delay in the completion of the Demising Work, or any interference to Tenant’s business operations or inconvenience suffered by Tenant during the performance of any adjacent tenant’s demising work shall not subject Landlord to any liability for any loss or damages resulting there from nor entitle Tenant to any credit, abatement or adjustment of Rent or other sum payable under the Lease, "as amended hereby. During Tenant’s design, construction and installation of the Tenant Improvements, Tenant shall pay for all Building services and utilities, if and to the extent required, (i) in accordance with the Existing Sublease from the Effective Date through March 31, 2017, and (ii) in accordance with this Lease from and after April 1, 2017is" condition.
Appears in 2 contracts
Samples: Lease Agreement (Adept Technology Inc), Lease Agreement (Adept Technology Inc)
Tenant Improvements. Upon execution hereof and prior to the Expansion Space Commencement Date, Landlord shall, at Landlord's cost and expense, perform the following work in the Expansion Space, using Building standard materials:
(1) shampoo the existing carpet;
(2) remove a four (4) foot wide portion of the partition between Suite 1200B and 1210, in a mutually acceptable location, such that Suite 1200B and Suite 1210 shall be connected. The opening shall be painted drywall partition;
(3) paint the walls as shown on EXHIBIT "B" attached hereto;
(4) provide and install vinyl composition tile in the kitchen area as shown on EXHIBIT "B" attached hereto;
(5) install two (2) telephone conduit lines and two (2) electrical outlets as shown on EXHIBIT "B" attached hereto;
(6) dry clean all existing drapery;
(7) provide and install horizontal mini-blinds as shown on EXHIBIT "B" attached hereto;
(8) provide and install black-out lining (white material) on the inside of the existing drapery as shown on EXHIBIT "B" attached hereto;
(9) remove all existing chrome cover-plates and replace with Building standard ivory cover-plates;
(10) patch the nail holes in the existing wallcovering with spackle (provided that such patched areas shall not be required to match the surrounding wallcovering);
(11) commercially clean all existing vinyl wallcovering; and
(12) patch the passageway between Suite 1200B and Suite 1210 with the existing carpet removed from the kitchen area. The above items are collectively referred to herein as the "Tenant will cause Improvements." Items (6), (7), and (8) above shall not be required to be constructed, at Tenant’s sole cost and expense (subject completed in order to Landlord’s payment constitute "substantial completion" of the Improvement Allowance), the Tenant Improvements. The As such, Landlord may complete such items during Tenant's Early Occupancy of the Expansion Space, but prior to the Commencement Date. Tenant hereby acknowledges Landlord's right to enter on to the Expansion Space during Tenant's Early Occupancy for the purposes of completing the Tenant Improvements will be designed and constructed as described in this Exhibit “D”for such other purposes deemed necessary by Landlord. Tenant will select the Contractor to be the general contractor to perform the Work. Landlord shall have the right to approve (such approval not to be unreasonably withheld, conditioned or delayed) the Contractor and all subcontractors that will be performing any portion of the Work. All contractors that will be performing any portion of the Work shall be union contractors. Tenant will pay all direct and indirect costs of the design and construction During Landlord's completion of the Tenant Improvements (subject Improvements, Landlord shall use commercially reasonable efforts to the Landlord’s payment minimize interference with Tenant's use and enjoyment of the Improvement Allowance as provided for herein). Such costs may include, without limitation, all costs of preparing the Space Plan, construction document preparation, design, Plans and Specifications, general conditions, labor, materialsExpansion Space, and other construction costs, Tenant shall use commercially reasonable efforts to minimize interference with Landlord's completion of the fees (on an hourly basis) Tenant Improvements. Tenant hereby expressly waives any and all claims it may have against Landlord arising from future damage to Tenant's property by Landlord or its contractors during the completion of Contractor’s project manager and site superintendent for the Tenant Improvements, and all costs incurred in connection with obtaining permits for Tenant hereby expressly agrees not to assert any such claims and to bear the Tenant Improvements. For all purposes of ownership, including risk of loss theretoany and all such damage and any and all related losses, unless caused by the Tenant Improvements will immediately upon installation be and remain a part gross negligence of the Building and the property of Landlord, provided that as provided in Section 15 of this Lease, Landlord may require Tenant to remove same upon the expiration or earlier termination of the Lease Term. Tenant currently occupies the Premises under the Existing Sublease and Landlord permits Tenant to immediately commence construction of the Tenant Improvements from and after the Effective Date of this Lease [subject to Tenant’s compliance with the terms and conditions of the Existing Sublease (if then applicable), including, without limitation, Tenant’s receipt of approval from Tenant’s sublessor thereunder]. Tenant shall use its best efforts to complete the Tenant Improvements on or before July 31, 2017. Notwithstanding the foregoing sentence to the contrary, as part of the Tenant Improvements, Tenant shall perform the work necessary to separately demise the Premises from the remaining portion of the sixth (6th) floor of the Building, including the installation of a demising wall (the “Demising Work”) on or before April 1, 2017. Tenant acknowledges that the tenant in the premises adjacent to the Premises will also be performing demising work. Tenant’s performance of the Demising Work shall be coordinated with Landlord and Tenant shall cooperate with Landlord and/or Landlord’s contractors in all ways to ensure the efficient and expeditious scheduling, staging and performance of the Demising Work. The Demising Work shall not adversely affect any construction work being performed by or for Landlord or its tenants and shall be performed in harmony with Landlord’s contractors and subcontractors and with other contractors and subcontractors in the Complex. Tenant shall impose on and enforce all applicable terms of this Tenant Improvements Agreement against Tenant’s contractors. Landlord shall have the right to order Tenant or any of Tenant’s contractors who violate the requirements imposed on Tenant or Tenant’s contractors in performing the Demising Work to cease performance of the Demising Work and to remove its equipment and employees from the Building. No such action by Landlord shall cause any extension of the Commencement Date nor relieve Tenant from any of its obligations under the Lease. Further, notwithstanding anything herein to the contrary, any delay in the completion of the Demising Work, or any interference to Tenant’s business operations or inconvenience suffered by Tenant during the performance of any adjacent tenant’s demising work shall not subject Landlord to any liability for any loss or damages resulting there from nor entitle Tenant to any credit, abatement or adjustment of Rent or other sum payable under the Lease, as amended hereby. During Tenant’s design, construction and installation of the Tenant Improvements, Tenant shall pay for all Building services and utilities, if and to the extent required, (i) in accordance with the Existing Sublease from the Effective Date through March 31, 2017, and (ii) in accordance with this Lease from and after April 1, 2017's contractor(s).
Appears in 2 contracts
Samples: Office Space Lease (Adexa Inc), Office Space Lease (Adexa Inc)
Tenant Improvements. (a) The final space plan (the “Space Plan”) for the Premises, mutually approved by the Parties, is or will be attached as Appendix 1.
(b) Landlord shall cause the Tenant will cause Improvements (the “Tenant Improvements”) described on the Space Plan to be constructedcompleted in accordance with the plans and specifications (including the tenant finishes) (the “Tenant Improvement Plans”) approved by the Parties. The Tenant Improvements shall be made, and the Tenant Improvement Plans shall be prepared, at Tenant’s sole cost and expense (expense, subject to the TI Allowance.
(c) Landlord shall cause the Tenant Improvement Plans to be prepared. Landlord shall furnish the initial draft of the Tenant Improvement Plans to Tenant for Tenant’s review and approval. Tenant shall within one week after receipt either provide comments to such Tenant Improvement Plans or approve the same. Tenant shall be deemed to have approved such Tenant Improvement Plans if Tenant does not timely provide comments on such Tenant Improvement Plans. If Tenant provides Landlord with comments to the initial draft of the Tenant Improvement Plans, Landlord shall provide revised Tenant Improvement Plans to Tenant incorporating Tenant’s comments within one week after receipt of Tenant’s comments. Tenant shall within one week after receipt then either provide comments to such revised Tenant Improvement Plans or approve such Tenant Improvement Plans. Tenant shall be deemed to have approved such revised Tenant Improvement Plans if Tenant does not timely provide comments on such Tenant Improvement Plans. The process described above shall be repeated, if necessary, until the Tenant Improvement Plans have finally been approved by Tenant.
(d) All bids and all costs will be provided to Tenant for approval per an “open book” process. The cost of the Tenant Improvements shall be calculated at Landlord’s payment actual cost, with no additional markup or profit to Landlord. Landlord shall provide Tenant with reasonable input into the bidding process (including bid review) so long as Tenant’s actions do not delay such process or the completion of the Improvement Allowance), the Tenant Improvements. The ; provided, however, that Landlord reserves the sole right and discretion, acting reasonably, to make all final decisions regarding selection of contractors, subcontractors and material suppliers, unless (except for all design/build subcontractors, that is, fire/life safety, mechanical, electrical and plumbing subcontractors, which shall not be subject to the following limitation) Tenant, acting reasonably, objects within five (5) business days after the acceptance of any bid of any subcontractor or material supplier to such bid as being an above-market bid (which objection shall be accompanied by a statement of the correct amount of a market bid and reasonable supporting evidence for such statement, such as, for example, a market bid from another reputable subcontractor or material supplier), in which case Landlord shall either cause such subcontractor or material supplier to reduce its bid to a market bid, or designate to Tenant Improvements will be designed and constructed as described in this Exhibit “D”. Tenant will select the Contractor to be the general contractor to perform the Workanother subcontractor or material supplier that provides a market bid. Landlord shall have the right negotiate with its architects, contractors and suppliers to approve (such approval not to be unreasonably withheld, conditioned or delayed) the Contractor and all subcontractors ensure that will be performing any portion of the Work. All contractors that will be performing any portion of the Work shall be union contractors. Tenant will pay all direct and indirect costs of the design and construction of the Tenant Improvements are completed using high quality materials and workmanship, with such materials and workmanship being completed at fair market/industry standard costs.
(subject to e) Within five (5) business days following the Landlord’s payment award of the Improvement Allowance as provided for herein). Such costs may include, without limitation, all costs of preparing the Space Plan, construction document preparation, design, Plans and Specifications, general conditions, labor, materials, and other construction costs, the fees (on an hourly basis) of Contractor’s project manager and site superintendent bids for the Tenant Improvements, and all costs incurred in connection with obtaining permits Landlord shall prepare or caused to be prepared on an open-book basis a construction budget for the Tenant Improvements, which shall reflect the costs set forth in all of such bids and shall be submitted to Tenant for Tenant’s approval. For all purposes Tenant shall have five (5) business days following receipt of ownership, including risk of loss thereto, such budget to approve or request clarifications to the same and/or to perform value engineering and make changes to the Tenant Improvements will immediately upon installation Improvement Plans. Tenant shall be and remain deemed to have approved such budget if Tenant does not timely provide comments on such budget. If Tenant provides Landlord with comments to the initial draft of such budget, Landlord shall provide a part revised construction budget to Tenant incorporating Tenant’s comments within three (3) business days after receipt of Tenant’s comments. Tenant shall within three (3) business days after receipt then either provide comments to such revised budget or approve such budget. Tenant shall be deemed to have approved such revised budget if Tenant does not timely provide comments on such budget. The process described above shall be repeated, if necessary, until such budget finally has been approved by Tenant. On Tenant’s approval of the Building and the property of Landlord, provided that as provided in Section 15 of this Leasebudget, Landlord may require shall submit to Tenant for Tenant’s signature a “Notice To Proceed With Construction” agreement which shall itemize all costs associated with the Tenant Improvements, and include Tenant’s agreement to remove same upon the expiration or earlier termination pay for any such improvement costs in excess of the Lease TermTI Allowance. Tenant currently occupies shall execute the Premises under Notice to Proceed with Construction within three (3) business days after Tenant’s receipt of the Existing Sublease same and prior to construction.
(f) Landlord permits Tenant to immediately commence shall provide project management services in connection with the construction of the Tenant Improvements from and after the Effective Date of this Lease [Change Orders (defined below). Such project management services shall be performed at Tenant’s sole cost and expense, subject to Tenant’s compliance with the terms and conditions TI Allowance, for a fee of five percent (5%) of all costs related to the preparation of the Existing Sublease (if then applicable), including, without limitation, Tenant’s receipt Tenant Improvement Plans and the construction of approval from Tenant’s sublessor thereunder]. Tenant shall use its best efforts to complete the Tenant Improvements and the Change Orders. Except for the fee described in the immediately preceding sentence, and for the general conditions, overhead and profit of the general contractor, no other administrative or supervisory fee shall be payable by Tenant in connection with the Tenant Improvements or Change Orders. Tenant may, at Tenant’s discretion and sole cost and expense, engage a representative to oversee construction activities on or before July 31Tenant’s behalf. Said representative shall coordinate its efforts with Landlord’s project manager and/or contractor, 2017. Notwithstanding the foregoing sentence shall have full access to all information and documentation with respect to the contrary, as part Tenant Improvements and may be engaged throughout the design and construction process of the Tenant Improvements, Tenant shall perform the work necessary to separately demise .
(g) Beginning with the Premises from the remaining portion in their current “as is” condition as of the sixth (6th) floor date of the BuildingAmendment, including the installation of a demising wall (the “Demising Work”) on or before April 1, 2017. Tenant acknowledges that the tenant in the premises adjacent all improvements to the Premises will also shall be performing demising work. made at Tenant’s performance of the Demising Work shall be coordinated with Landlord sole cost and Tenant shall cooperate with Landlord and/or Landlord’s contractors in all ways to ensure the efficient and expeditious schedulingexpense, staging and performance of the Demising Work. The Demising Work shall not adversely affect any construction work being performed by or for Landlord or its tenants and shall be performed in harmony with Landlord’s contractors and subcontractors and with other contractors and subcontractors in the Complex. Tenant shall impose on and enforce all applicable terms of this Tenant Improvements Agreement against Tenant’s contractors. Landlord shall have the right to order Tenant or any of Tenant’s contractors who violate the requirements imposed on Tenant or Tenant’s contractors in performing the Demising Work to cease performance of the Demising Work and to remove its equipment and employees from the Building. No such action by Landlord shall cause any extension of the Commencement Date nor relieve Tenant from any of its obligations under the Lease. Further, notwithstanding anything herein subject only to the contrary, any delay in the completion of the Demising Work, or any interference to Tenant’s business operations or inconvenience suffered by Tenant during the performance of any adjacent tenant’s demising work shall not subject Landlord to any liability for any loss or damages resulting there from nor entitle Tenant to any credit, abatement or adjustment of Rent or other sum payable under the Lease, as amended hereby. During Tenant’s design, construction and installation of the Tenant Improvements, Tenant shall pay for all Building services and utilities, if and to the extent required, (i) in accordance with the Existing Sublease from the Effective Date through March 31, 2017, and (ii) in accordance with this Lease from and after April 1, 2017TI Allowance.
Appears in 2 contracts
Samples: Lease Agreement (Medallion Financial Corp), Agreement of Lease
Tenant Improvements. Promptly following Delivery of each Additional Premises Floor, Tenant will cause to be constructed, at Tenant’s sole cost and expense (subject to Landlord’s payment of the Improvement Allowance), the Tenant Improvements. The Tenant Improvements will be designed and constructed as described in this Exhibit “D”. Tenant will select the Contractor to be the general contractor to perform the Work. Landlord shall have the right to approve (such approval not to be unreasonably withheld, conditioned or delayed) the Contractor and all subcontractors that will be performing any portion of the Work. All contractors that will be performing any portion of the Work shall be union contractors. Tenant will pay all direct and indirect costs of the design and construction of the Tenant Improvements (subject to the Landlord’s payment of the Improvement Allowance as provided for herein). Such costs may include, without limitation, all costs of preparing the Space Plan, construction document preparation, design, Plans and Specifications, general conditions, labor, materials, and other construction costs, the fees (on an hourly basis) of Contractor’s project manager and site superintendent for the Tenant Improvements, and all costs incurred in connection with obtaining permits for the Tenant Improvements. For all purposes of ownership, including risk of loss thereto, the Tenant Improvements will immediately upon installation be and remain a part of the Building and the property of Landlord, provided that as provided in Section 15 of this Lease, Landlord may require Tenant to remove same upon the expiration or earlier termination of the Lease Term. Tenant currently occupies the Premises under the Existing Sublease and Landlord permits Tenant to immediately commence construction of the improvements Tenant Improvements from and after the Effective Date of this Lease [subject desires to make therein prior to Tenant’s compliance with the terms and conditions initial occupancy of the Existing Sublease (if then applicable), including, without limitation, Tenant’s receipt of approval from Tenant’s sublessor thereunder]. Tenant shall use its best efforts to complete the Tenant Improvements on or before July 31, 2017. Notwithstanding the foregoing sentence to the contrary, as part of the Tenant Improvements, Tenant shall perform the work necessary to separately demise the Additional Premises from the remaining portion of the sixth (6th) floor of the Building, including the installation of a demising wall Floor (the “Demising Work”) on or before April 1, 2017. Tenant acknowledges that the tenant in the premises adjacent to the Premises will also be performing demising work. Tenant’s performance of the Demising Work shall be coordinated with Landlord and Tenant shall cooperate with Landlord and/or Landlord’s contractors in all ways to ensure the efficient and expeditious scheduling, staging and performance of the Demising Work. The Demising Work shall not adversely affect any construction work being performed by or for Landlord or its tenants and shall be performed in harmony with Landlord’s contractors and subcontractors and with other contractors and subcontractors in the Complex. Tenant shall impose on and enforce all applicable terms of this Tenant Improvements Agreement against Tenant’s contractors. Landlord shall have the right to order Tenant or any of Tenant’s contractors who violate the requirements imposed on Tenant or Tenant’s contractors in performing the Demising Work to cease performance of the Demising Work and to remove its equipment and employees from the Building. No such action by Landlord shall cause any extension of the Commencement Date nor relieve Tenant from any of its obligations under the Lease. Further, notwithstanding anything herein to the contrary, any delay in the completion of the Demising Work, or any interference to Tenant’s business operations or inconvenience suffered by Tenant during the performance of any adjacent tenant’s demising work shall not subject Landlord to any liability for any loss or damages resulting there from nor entitle Tenant to any credit, abatement or adjustment of Rent or other sum payable under the Lease, as amended hereby. During Tenant’s design, construction and installation of the Tenant Improvements, Tenant shall pay for all Building services and utilities, if and to the extent required”). For avoidance of doubt, (i) the Tenant Improvements shall consist of interior improvements necessary to facilitate the use by Tenant of the Additional Premises for the use(s) permitted hereunder, and shall not include the installation of Building Systems (as defined in accordance with Paragraph 4.b. of the Existing Sublease from Lease) or the Effective Date through March 31, 2017, modification of same; and (ii) Tenant is not acting as the agent of Landlord in accordance its construction efforts and not performing any work of improvements within the Additional Premises on behalf of Landlord. If, as of the Delivery of an Additional Premises Floor, all of the Additional Landlord Work on that Additional Premises Floor (if any) has not been completed, then, during the period commencing on the Delivery of such Additional Premises Floor and continuing through the date immediately preceding the date that all of the Additional Landlord Work on that Additional Premises Floor is completed, (i) no rent shall be due or accrue under the Lease (as amended by this Third Amendment) for the Additional Premises, (ii) the Indemnitees covered by Tenant’s indemnity obligations under Paragraph 14.b. of the Lease shall, as to the Additional Premises, be limited to SRI Nine Market Square LLC, and (iii) Tenant’s liability under the Lease (as amended by this Third Amendment) for acts or failures to act, to the extent applicable to the Additional Premises, will be limited as described in Paragraph 25.b.6. of the Lease (with the term “Construction Period” meaning the period commencing on the Third Amendment Effective Date and ending on the date all of the Landlord’s Work and Additional Landlord Work is completed), provided, that for the purposes of application to the Additional Premises only, (x) the term “Tenant’s Share” as used in Paragraph 25.b.6 of the Lease shall mean 11.61% and (y) the rate included in clauses (b)(i) and (b)(ii) of the introductory paragraph of Paragraph 25.b.6 shall remain 7.8%. Accordingly, the example contained in the penultimate grammatical paragraph of Paragraph 25.b.6 would be restated, solely with respect to the Additional Premises, as follows: “By way of example, if, as of the Occurrence Date, (i) Landlord’s Project costs equal $100,000,000.00 (assuming $65,000,000.00 as the purchase price for the Building, and $35,000,000.00 of subsequent costs to improve the Building) and (ii) Tenant has not previously paid to Landlord any Monthly Rent with respect to the Additional Premises, and (iii) there has been no draw upon the Letter of Credit, and (iv) as there are no payments due from Tenant to Landlord under the Lease (as amended by this Lease from and after April 1Third Amendment) with respect to the Additional Premises prior to the date upon which Landlord completes Landlord’s Work in the Additional Premises, 2017Tenant’s liability with respect to the Additional Premises would be limited to (x) 11.61% of $89,950,000.00 (i.e.,89.95% of Project Costs) or approximately $10,443,195.00.”
Appears in 2 contracts
Samples: Office Lease (Twitter, Inc.), Office Lease (Twitter, Inc.)
Tenant Improvements. 5.1. Tenant will shall cause appropriate improvements consistent with the Permitted Use (the "Tenant Improvements") to be constructedconstructed in the Premises pursuant to the Work Letter attached hereto as Exhibit G (the "Work Letter") at a cost to Landlord not to exceed Four Million Dollars ($4,000,000.00) (the "TI Allowance"). The TI Allowance may be applied to the costs of (a) construction, at Tenant’s sole cost and expense (subject b) project review by Landlord (which shall be limited to reimbursement for Landlord’s payment third party costs up to a maximum amount of the Improvement AllowanceForty Thousand Dollars ($40,000.00)), the Tenant Improvements. The Tenant Improvements will be designed (c) commissioning of mechanical, electrical and constructed as described in this Exhibit “D”. Tenant will select the Contractor to be the general contractor to perform the Work. Landlord shall have the right to approve (such approval not to be unreasonably withheldplumbing systems by a licensed, conditioned or delayed) the Contractor and all subcontractors that will be performing any portion of the Work. All contractors that will be performing any portion of the Work shall be union contractors. Tenant will pay all direct and indirect costs of the design and construction of the Tenant Improvements (subject to the Landlord’s payment of the Improvement Allowance as provided for herein). Such costs may include, without limitation, all costs of preparing the Space Plan, construction document preparation, design, Plans and Specifications, general conditions, labor, materialsqualified commissioning agent hired by Tenant, and review of such party's commissioning report by a licensed, qualified commissioning agent hired by Landlord, (d) space planning, architect, engineering and other construction costsrelated services performed by third parties unaffiliated with Tenant, the fees (on an hourly basise) building permits and other taxes, fees, charges and levies by Governmental Authorities (as defined below) for permits or for inspections of Contractor’s project manager and site superintendent for the Tenant Improvements, and all (f) costs incurred in connection with obtaining permits and expenses for the Tenant Improvements. For all purposes of ownershiplabor, including risk of loss theretomaterial, the Tenant Improvements will immediately upon installation be equipment and remain a part of the Building and the property of Landlord, provided that as provided in Section 15 of this Lease, Landlord may require Tenant to remove same upon the expiration or earlier termination of the Lease Term. Tenant currently occupies the Premises under the Existing Sublease and Landlord permits Tenant to immediately commence construction of the Tenant Improvements from and after the Effective Date of this Lease [subject to Tenant’s compliance with the terms and conditions of the Existing Sublease (if then applicable)fixtures, including, without limitation, payments for such purposes to Tenant or any affiliates of Tenant’s receipt , provided such amounts are consistent with competitive market rates charged for the services and materials rendered by unrelated persons or entities of approval similar skill, competence and experience in an arms-length transaction. In no event shall the TI Allowance be used for (m) the cost of work that is not authorized by the Approved Plans (as defined in the Work Letter) or otherwise approved in writing by Landlord, (n) the purchase of any furniture, personal property or other non-building system equipment, (o) costs resulting from Tenant’s sublessor thereunder]any default by Tenant of its obligations under this Lease or (p) costs that are recoverable by Tenant from a third party (e.g., insurers, warrantors, or tortfeasors).
5.2. Tenant shall have until December 31, 2017 (the "TI Deadline") to request disbursement for the unused portion of the TI Allowance. Landlord shall not be obligated to fund requests of the TI Allowance made after such date, provided that the TI Deadline shall be subject to extension on a day-for-day basis for any delay in the Construction Work caused by force majeure events. Tenant shall notify Landlord in writing upon the occurrence of any force majeure event that delays or is reasonably expected to delay the Construction Work and shall use its best commercially reasonable efforts to complete mitigate any such delays to the extent reasonably practicable. To the extent that the total cost of the Tenant Improvements on or before July 31exceeds the TI Allowance (such excess, 2017the "Excess TI Costs"), Tenant shall be solely responsible for any overages. Notwithstanding the foregoing sentence In no event shall any unused TI Allowance entitle Tenant to the contrary, as part a credit against Rent payable under this Lease. Following Substantial Completion of the Tenant Improvements, Tenant shall perform the work necessary deliver to separately demise Landlord (a) a certificate of occupancy for the Premises from suitable for the remaining portion Permitted Use and (b) a Certificate of Substantial Completion in the form of the sixth (6th) floor American Institute of Architects document G704, executed by the Building, including the installation of a demising wall (the “Demising Work”) on or before April 1, 2017. Tenant acknowledges that the tenant in the premises adjacent to the Premises will also be performing demising work. Tenant’s performance of the Demising Work shall be coordinated with Landlord and Tenant shall cooperate with Landlord and/or Landlord’s contractors in all ways to ensure the efficient and expeditious scheduling, staging and performance of the Demising Work. The Demising Work shall not adversely affect any construction work being performed by or for Landlord or its tenants and shall be performed in harmony with Landlord’s contractors and subcontractors and with other contractors and subcontractors in the Complex. Tenant shall impose on and enforce all applicable terms of this Tenant Improvements Agreement against Tenant’s contractors. Landlord shall have the right to order Tenant or any of Tenant’s contractors who violate the requirements imposed on Tenant or Tenant’s contractors in performing the Demising Work to cease performance of the Demising Work and to remove its equipment and employees from the Building. No such action by Landlord shall cause any extension of the Commencement Date nor relieve Tenant from any of its obligations under the Lease. Further, notwithstanding anything herein to the contrary, any delay in the completion of the Demising Work, or any interference to Tenant’s business operations or inconvenience suffered by Tenant during the performance of any adjacent tenant’s demising work shall not subject Landlord to any liability for any loss or damages resulting there from nor entitle Tenant to any credit, abatement or adjustment of Rent or other sum payable under the Lease, as amended hereby. During Tenant’s design, construction and installation of the Tenant Improvements, Tenant shall pay for all Building services and utilities, if and to the extent required, (i) in accordance with the Existing Sublease from the Effective Date through March 31, 2017, and (ii) in accordance with this Lease from and after April 1, 2017project architect.
Appears in 2 contracts
Samples: Lease Agreement (Innovative Industrial Properties Inc), Purchase and Sale Agreement (Innovative Industrial Properties Inc)
Tenant Improvements. a. Tenant will shall cause to be constructedconstructed certain tenant improvements (including those listed in Sections 7(e), at 7(f) and 7(g) below) in the Additional Premises (“Tenant’s sole cost and expense Work”) pursuant to the Work Letter attached as Exhibit E hereto (subject the “Work Letter”). Landlord shall provide Tenant with an improvement allowance in an amount not to Landlordexceed Nine Hundred Five Thousand Five Hundred Thirty-Five Dollars ($905,535) (based upon Forty-Five Dollars ($45) per rentable square foot) (the “TI Allowance”). The TI Allowance may be used to pay for the following costs related to Tenant’s payment Work: (i) construction, (ii) project oversight by Landlord (which fee shall equal three percent (3%) of the Improvement TI Allowance), (iii) space planning, architect, engineering and other related services performed by third parties unaffiliated with Tenant and (iv) building permits and other taxes, fees, charges and levies by Governmental Authorities for permits or for inspections of Tenant’s Work. In no event shall the TI Allowance be used for: (v) payments to Tenant Improvementsor any affiliates of Tenant, (w) the purchase of any furniture, personal property or other non-building system equipment, (x) the cost of work that is not authorized by the Approved Plans or otherwise approved in writing by Landlord, (y) costs resulting from any default by Tenant of its obligations under the Amended Lease or (z) costs that are recoverable or reasonably recoverable by Tenant from a third party (e.g., insurers, warrantors, or tortfeasors). The If the total cost of Tenant’s Work exceeds Forty-Five Dollars ($45) per rentable square foot of the Additional Premises, then Tenant Improvements will be designed shall pay the overage as and constructed as described in this Exhibit “D”when due. Tenant will select shall have until December 31, 2008, to expend any unused portion of the Contractor TI Allowance, after which date Landlord’s obligation to fund such costs shall expire. Tenant shall deliver to Landlord (Y) a certificate of occupancy for the Additional Premises suitable for the permitted use and (Z) a Certificate of Substantial Completion in the form of the American Institute of Architects document G704, executed by the project architect with respect to Tenant’s Work in the Additional Premises.
b. Prior to entering upon the Additional Premises, Tenant shall furnish to Landlord evidence satisfactory to Landlord that insurance coverages required of Tenant under the provisions of the Amended Lease are in effect, and such entry shall be subject to all the terms and conditions of the Amended Lease other than the payment of Minimum Rental.
c. Possession of areas of the Additional Premises necessary for utilities, services, safety and operation of Building 1 is reserved to Landlord, subject to Tenant’s right to access same from time to time as necessary for the construction of Tenant’s Work or the operation of Tenant’s business in the Additional Premises.
d. In accordance with the terms of the Work Letter, Tenant shall obtain Landlord’s approval of Tenant’s architect, engineer, general contractor to perform the Work. Landlord shall have the right to approve (and major subcontractors, such approval not to be unreasonably withheld, conditioned or delayed.
e. Subject to Section 7(a) the Contractor and all subcontractors that will be performing any portion of the Work. All contractors that will be performing any portion of the Work shall be union contractors. Tenant will pay all direct and indirect costs of the design and construction of the Tenant Improvements (subject to the Landlord’s payment of the Improvement Allowance as provided for herein). Such costs may include, without limitation, all costs of preparing the Space Plan, construction document preparation, design, Plans and Specifications, general conditions, labor, materials, and other construction costs, the fees (on an hourly basis) of Contractor’s project manager and site superintendent for the Tenant Improvements, and all costs incurred in connection with obtaining permits for the Tenant Improvements. For all purposes of ownership, including risk of loss thereto, the Tenant Improvements will immediately upon installation be and remain a part of the Building and the property of Landlord, provided that as provided in Section 15 of this Lease, Landlord may require Tenant to remove same upon the expiration or earlier termination of the Lease Term. Tenant currently occupies the Premises under the Existing Sublease and Landlord permits Tenant to immediately commence construction of the Tenant Improvements from and after the Effective Date of this Lease [subject to Tenant’s compliance with the terms and conditions of the Existing Sublease (if then applicable), including, without limitation, Tenant’s receipt of approval from Tenant’s sublessor thereunder]. Tenant shall use its best efforts to complete the Tenant Improvements on or before July 31, 2017. Notwithstanding the foregoing sentence to the contrary, as part of the Tenant ImprovementsLetter, Tenant shall perform the work necessary to separately demise the Premises from the remaining portion of the sixth (6th) floor of the Building, including the installation of a demising wall (the “Demising Work”) on or before April 1, 2017. Tenant acknowledges that the tenant in the premises adjacent to the Premises will also be performing demising work. Tenant’s performance of the Demising Work shall be coordinated with Landlord and Tenant shall cooperate with Landlord and/or Landlord’s contractors in all ways to ensure the efficient and expeditious scheduling, staging and performance of the Demising Work. The Demising Work shall not adversely affect any construction work being performed by or for Landlord or its tenants and shall be performed in harmony with Landlord’s contractors and subcontractors and with other contractors and subcontractors in the Complex. Tenant shall impose on and enforce all applicable terms of this Tenant Improvements Agreement against Tenant’s contractors. Landlord shall have the right to order Tenant or any of Tenant’s contractors who violate convert the requirements imposed on Tenant or Tenant’s contractors in performing the Demising Work to cease performance of the Demising Work and to remove its equipment and employees from the Building. No such action by Landlord shall cause any extension of the Commencement Date nor relieve Tenant from any of its obligations under the Lease. Further, notwithstanding anything herein to the contrary, any delay laboratory space in the completion of the Demising Work, or any interference to Tenant’s business operations or inconvenience suffered by Tenant during the performance of any adjacent tenant’s demising work shall not subject Landlord to any liability for any loss or damages resulting there from nor entitle Tenant to any credit, abatement or adjustment of Rent or other sum payable under the Lease, as amended hereby. During Tenant’s design, construction and installation of the Tenant Improvements, Tenant shall pay for all Building services and utilities, if and to the extent required, (i) Partially Improved Premises into office space in accordance with the Existing Sublease from plans referenced in Exhibit D attached hereto; provided, however, that Landlord shall have the Effective Date through March 31right, 2017upon written notice to Tenant delivered no later than one hundred eighty (180) days prior to the expiration of the Lease, to require Tenant to restore such areas to their condition as laboratory facilities as of the date of this Amendment, ordinary wear and tear excepted.
f. Subject to Section 7(a) and the Work Letter, Tenant shall have the right to perform certain upgrades to the ground floor lobby, subject to the consent of Nuvelo and Landlord’s reasonable consent.
g. Subject to Section 7(a) and the Work Letter, Tenant shall have the right to (i) change the order of the existing monument signage on the North side of the Real Property so that Tenant’s name appears first, (ii) change or upgrade the white letter signage on the glass façade at Building 1’s lobby entrance, and (iiiii) in accordance with this Lease from subject to applicable laws and after April approval by the City of San Xxxxxx, add additional signage on the North façade of Building 1, 2017.
Appears in 2 contracts
Tenant Improvements. 6.1 Landlord and Tenant have reviewed and approved that certain preliminary space plan dated June 26, 1997 ("Preliminary Plans"), prepared by The Xxxxxxxx Group ("Architect"). As soon as reasonably possible following the execution and delivery of this Lease by both parties, Landlord shall cause its Architect to prepare detailed design plans, specifications and working drawings, designated as being ready for construction ("Construction Documents"). The Construction Documents shall include, but not be limited to, the location of all interior partitions, doors, electrical switches and outlets and telephone outlets; reflected ceiling plan showing the location of all lights, fans, diffusers, and vents; electrical plumbing and mechanical plans; floor and wall coverings; and signs. During the preparation of the Construction Documents, Tenant shall supply the Architect, within five (5) business days following written request therefor, with any information necessary for the completion of the Construction Documents. Upon completion of the Construction Documents, Landlord shall deliver the Construction Documents to Tenant for approval, which approval may not be withheld by Tenant so long as the Construction Documents are substantially in accordance with the Preliminary Plans. Tenant's approval or disapproval must be provided, in writing, within five (5) business days of Tenant's receipt of the Construction Documents. If Tenant validly disapproves the Construction Documents, Landlord will cause the Architect to revise the Construction Documents and will resubmit the Construction Documents to Tenant for approval or disapproval, which must be constructedprovided by Tenant within five (5) business days. If Landlord and Tenant have a dispute about whether the Construction Documents are substantially in accordance with the Preliminary Plans, at Tenant’s sole cost and expense (subject the parties agree to Landlord’s payment submit the dispute to an independent third-party architect for resolution. The parties agree that the decision of the Improvement Allowance)third-party architect shall be final and binding on the parties.
6.2 Promptly upon the completion and approval of the Construction Documents, Landlord shall submit the Tenant ImprovementsConstruction Documents to three (3) contractors for bid. The Tenant Improvements will be designed and constructed as described in this Exhibit “D”. Tenant will Upon receipt of the bids from the contractors, Landlord shall select the Contractor to be the general lowest conforming bid and shall enter into a guaranteed maximum price contract with that contractor ("Contractor") to perform the Tenant Work (as defined below). Landlord will provide Tenant a copy of the Contractor's bids. Tenant may, within two (2) business days of its receipt of such bid, request changes to the Construction Documents, but any delay caused by such request for changes shall be a Tenant Delay.
6.3 Promptly after Landlord enters into a contract ("Construction Contract") with the Contractor and Tenant pays to Landlord the Cost Differential (as defined below), if any, Landlord shall cause construction of all the work shown on the Construction Documents ("Tenant's Work") to be commenced. Landlord shall have the right use all reasonable efforts to approve (such approval not cause Tenant's Work to be unreasonably withheldcompleted substantially in accordance with the Construction Documents by the target Commencement Date set forth in Section 1.7, conditioned subject, however, to extension for delays caused by Tenant Delay (as defined below) or delayed) the Contractor and all subcontractors that will be performing by any portion of the Work. All contractors that will be performing any portion following events: acts of God; weather of unusual severity; fire; earthquake; flood; explosion; action of the Work shall be union contractors. Tenant will pay elements; malicious mischief; inability to procure or general shortage of labor; services, material, equipment, facilities or supplies; strikes; lockouts; actions of labor unions; or any other cause, whether similar or dissimilar to the foregoing, not within the reasonable control of Landlord (all direct and indirect costs of the design and construction foregoing collectively being referred as "unavoidable delays").
6.4 Tenant hereby appoints the individual named in Section 1.17 hereof as Tenant's Designated Representative for purposes of dealing with Landlord with respect to all matters involving, directly or indirectly, the Tenant Improvements (subject to the Landlord’s payment of the Improvement Allowance as provided for herein). Such costs may includeConstruction Documents or Tenant's Work including, without limitation, change orders to the Construction Documents. Tenant hereby warrants and represents to Landlord that Tenant's Designated Representative has all of the requisite power and authority to deal with Landlord in the manner contemplated herein and that Tenant shall be bound by the acts and omissions of Tenant's designated representative.
6.5 Landlord shall provide Tenant with an amount up to, but not to exceed, the amount specified as Tenant's Allowance in Section 1.16 hereof to apply toward the design, construction and installation of Tenant's Work within the Premises. Tenant shall be responsible for all costs of preparing the Space Plan, construction document preparation, design, Plans and Specifications, general conditions, labor, materials, and other construction costs, the fees (on an hourly basis) of Contractor’s project manager and site superintendent for the Tenant Improvements, and all costs incurred in connection with obtaining permits for the Tenant Improvements. For all purposes of ownership, including risk of loss thereto, the Tenant Improvements will immediately upon installation be and remain a part of the Building and the property of Landlord, provided that as provided in Section 15 of this Lease, Landlord may require Tenant to remove same upon the expiration or earlier termination of the Lease Term. Tenant currently occupies the Premises under the Existing Sublease and Landlord permits Tenant to immediately commence construction of the Tenant Improvements from and after the Effective Date of this Lease [subject related to Tenant’s compliance with the terms and conditions 's Work ("Costs of the Existing Sublease (if then applicable)Tenant's Work") that are in excess of Tenant's Allowance, including, without limitation, Tenant’s receipt of approval from Tenant’s sublessor thereunder]. Tenant shall use its best efforts (i) all costs to complete prepare the Tenant Improvements on or before July 31Construction Documents, 2017. Notwithstanding (ii) all costs required to be paid under the foregoing sentence Construction Contract, (iii) all permit fees and costs and (iv) a construction supervision fee payable to the contrary, LaSalle (as part defined in Paragraph 25) in an amount equal to five percent (5%) of the total price under the Construction Contract. If the Cost of Tenant's Work exceeds Tenant's Allowance, Landlord will invoice Tenant Improvementsfor such excess ("Cost Differential"), Tenant shall perform the work necessary prior to separately demise the Premises from the remaining portion of the sixth (6th) floor of the Building, including the installation of a demising wall (the “Demising Work”) on or before April 1, 2017. Tenant acknowledges that the tenant in the premises adjacent to the Premises will also be performing demising work. beginning Tenant’s performance of the Demising 's Work shall be coordinated with Landlord and Tenant shall cooperate with pay Cost Differential to Landlord and/or Landlord’s contractors in all ways within two (2) business days thereafter. Landlord will then disburse payments directly to ensure the efficient Architect, Contractor and expeditious scheduling, staging and performance LaSalle. Any unused portion of the Demising Work. The Demising Work shall not adversely affect any construction work being performed by or for Landlord or its tenants and Tenant's Allowance shall be performed in harmony with retained by Landlord’s contractors , and subcontractors and with other contractors and subcontractors in the Complex. Tenant shall impose on and enforce all applicable terms of this Tenant Improvements Agreement against Tenant’s contractors. Landlord shall have the right to order Tenant or any of Tenant’s contractors who violate the requirements imposed on Tenant or Tenant’s contractors in performing the Demising Work to cease performance of the Demising Work and to remove its equipment and employees from the Building. No such action by Landlord shall cause any extension of the Commencement Date nor relieve Tenant from any of its obligations under the Lease. Further, notwithstanding anything herein to the contrary, any delay in the completion of the Demising Work, or any interference to Tenant’s business operations or inconvenience suffered by Tenant during the performance of any adjacent tenant’s demising work shall not subject Landlord to any liability for any loss or damages resulting there from nor entitle Tenant to any credit, abatement or adjustment of Rent or other sum payable under the Lease, as amended hereby. During Tenant’s design, construction and installation of the Tenant Improvements, Tenant shall pay for all Building services and utilities, if and to the extent required, (i) in accordance with the Existing Sublease from the Effective Date through March 31, 2017, and (ii) in accordance with this Lease from and after April 1, 2017no interest therein.
Appears in 2 contracts
Samples: Lease Agreement (Accord Networks LTD), Lease Agreement (Accord Networks LTD)
Tenant Improvements. Tenant will cause may also build certain additional improvements to be constructedthe Premises (the “Tenant Improvements”), at Tenant’s sole cost and expense as more particularly described in the Work Letter attached as Exhibit “E”. Landlord has included a Tenant Improvement allowance of Six Dollars (subject to Landlord’s payment $6.00) per square foot of the Improvement Building (“TI Allowance)”) (i.e., if the Tenant Improvements. The Tenant Improvements will be designed Building is 430,500 square feet, $2,583,000.00) for design, construction drawings, permits and constructed as described in this Exhibit “D”. Tenant will select the Contractor to be the general contractor to perform the Work. Landlord shall have the right to approve (such approval not to be unreasonably withheld, conditioned or delayed) the Contractor and all subcontractors that will be performing any portion of the Work. All contractors that will be performing any portion of the Work shall be union contractors. Tenant will pay all direct and indirect costs of the design and actual construction of the Tenant Improvements (subject and for payment of any Change Order Costs. Tenant shall be entitled to seek disbursement from the available TI Allowance to be paid, at Tenant’s election, either to Tenant to the Landlordextent Tenant has previously paid such amounts or directly to Tenant’s payment of the Improvement Allowance as provided for herein). Such costs may includecontractors, without limitation, all costs of preparing the Space Plan, construction document preparation, design, Plans and Specifications, general conditions, labor, materialstheir subcontractors, and other construction costs, the fees (on an hourly basis) of Contractor’s project manager and site superintendent suppliers for the Tenant Improvements, and all costs incurred in connection with obtaining permits for the Tenant Improvements. For all purposes cost of ownership, including risk of loss thereto, the any Tenant Improvements will immediately upon installation be and remain constructed or installed by such contractors, subcontractors, and/or suppliers. Landlord shall provide said disbursement within thirty (30) days after receipt of a part of the Building and the property of Landlordwritten request for disbursement, provided that as provided Tenant is in Section 15 of this Lease, Landlord may require Tenant to remove same upon the expiration or earlier termination of the Lease Term. Tenant currently occupies the Premises under the Existing Sublease and Landlord permits Tenant to immediately commence construction of the Tenant Improvements from and after the Effective Date of this Lease [subject to Tenant’s compliance with the terms following: (i) Landlord must receive a written request for disbursement from Tenant together with complete invoices with all back up including copies of invoices from subcontractors to support general contractor invoices; (ii) Landlord must have received W-9s for each contractor, subcontractor or supplier to paid; (iii) Landlord must receive conditional upon progress lien waivers for each contractor, subcontractor or supplier to paid along with unconditional upon progress lien waivers for all previous disbursements; and conditions (iv) Tenant is not in default of the Existing Sublease (if then applicable), including, without limitation, Tenant’s receipt of approval from Tenant’s sublessor thereunder]. Tenant shall use its best efforts to complete the Tenant Improvements on or before July 31, 2017. Notwithstanding the foregoing sentence to the contrary, as part of the Tenant Improvements, Tenant shall perform the work necessary to separately demise the Premises from the remaining portion of the sixth (6th) floor of the Building, including the installation of a demising wall (the “Demising Work”) on or before April 1, 2017. Tenant acknowledges that the tenant in the premises adjacent to the Premises will also be performing demising work. Tenant’s performance of the Demising Work shall be coordinated with Landlord and Tenant shall cooperate with Landlord and/or Landlord’s contractors in all ways to ensure the efficient and expeditious scheduling, staging and performance of the Demising Work. The Demising Work shall not adversely affect any construction work being performed by or for Landlord or its tenants and shall be performed in harmony with Landlord’s contractors and subcontractors and with other contractors and subcontractors in the Complex. Tenant shall impose on and enforce all applicable terms of this Tenant Improvements Agreement against Tenant’s contractors. Landlord shall have the right to order Tenant or any of Tenant’s contractors who violate the requirements imposed on Tenant or Tenant’s contractors in performing the Demising Work to cease performance of the Demising Work and to remove its equipment and employees from the Building. No such action by Landlord shall cause any extension of the Commencement Date nor relieve Tenant from any of its obligations under the Leasethis lease. Further, notwithstanding anything herein to the contrary, any delay All Tenant Improvements shall be constructed in the completion manner set forth in the Work Letter. All invoices shall be subject to a ten percent (10%) retention to be held either under the applicable construction contract, or if no retention thereunder, by Landlord. Payment of the Demising Work, or any interference to Tenantten percent (10%) retention shall be made upon Landlord’s business operations or inconvenience suffered by Tenant during receipt of the performance of any adjacent tenant’s demising work shall not subject Landlord to any liability for any loss or damages resulting there from nor entitle Tenant to any credit, abatement or adjustment of Rent or other sum payable under the Lease, as amended hereby. During Tenant’s design, construction and installation “as-built” drawings of the Tenant Improvements, Tenant shall pay for all Building services and utilities, if and . Invoices must be received by the 5th of the month to the extent required, be paid within thirty (i30) in accordance with the Existing Sublease from the Effective Date through March 31, 2017, and (ii) in accordance with this Lease from and after April 1, 2017days.
Appears in 2 contracts
Samples: Lease Agreement (Blue Apron Holdings, Inc.), Lease Agreement (Blue Apron Holdings, Inc.)
Tenant Improvements. (1) Landlord agrees to retain SJP Properties as construction manager to provide the installations and improvements and complete the work in and to the Premises in accordance with the Plans (as hereinafter defined), other than Tenant will cause Installations (as hereinafter defined). Landlord shall be responsible for the Cost of Tenant Improvements as defined in paragraph 3(a) up to be constructed, at Tenant’s sole cost and expense $690,025.00 (subject to Landlord’s payment representing $35.00 per rentable square foot of the Improvement Premises) (the “Construction Allowance”), . Cost of Tenant Improvements (as hereinafter defined) in excess of the Construction Allowance shall be referred to as an “Additional Cost” and paid by Tenant in accordance with Paragraph 3(c).
(a) Tenant shall retain TSC Design as architect for the Tenant Improvements, and Tenant covenants and agrees to deliver to Landlord two (2) sets of Demolition Drawings on or before December 19, 2008 in form and detail sufficient for obtaining a demolition permit. The Landlord shall complete its review and provide Tenant Improvements with any comments or objections of such plans and working drawings within five (5) business days after Landlord receives same. If Landlord objects to any of the improvements set forth in the plans and working drawings, it shall specify the reasons for such objections in reasonable detail to allow Tenant to respond to such objections. In the event Landlord fails to provide Tenant with any comments or objections to plans and working drawings submitted by Tenant within said five (5) day period, Landlord shall be deemed to have approved said plans and drawings. Landlord shall review any revised plans submitted by Tenant to address Landlord’s objections within three (3) business days of resubmission by Tenant. On or before January 19, 2009 (the “Submission Deadline”), Tenant shall also deliver to Landlord two (2) sets of construction plans and one (1) electronic disc of all information and associated plans and working drawings for the construction and completion of Tenant’s Work which shall be in form and detail sufficient for obtaining a building permit (the “Permit Submission Plans”). Tenant acknowledges that this information must be delivered to Landlord by the Submission Deadline in order to allow Landlord sufficient time to review such documents, plans and drawings, to discuss with Tenant any changes therein which Landlord believes to be necessary or desirable, to enable Landlords’ contractor to prepare an estimate of the cost of such modifications. Landlord shall complete its review of such plans and working drawings within five (5) business days after Landlord receives same. Landlord shall provide Tenant with any comments or objections to the plans and working drawings within said five (5) day period. If Landlord objects to any of the improvements set forth in the plans and working drawings, it shall specify the reasons for such objections in reasonable detail to allow Tenant to respond to such objections. In the event Landlord fails to provide Tenant with any comments or objections to plans and working drawings submitted by Tenant within said five (5) day period, Landlord shall be deemed to have approved said plans and drawings. Landlord shall review any revised plans submitted by Tenant to address Landlord’s objections within three (3) business days of re-submission by Tenant. Tenant shall provide Landlord with seven (7) sets of plans together with one (1) electronic disc of the 100% complete construction plans within five (5) business days of the Landlord’s approval of the Permit Submission Plans. Tenant acknowledges that this information must be delivered to Landlord as identified herein in order to allow Landlord sufficient time to review such documents, plans and drawings, to discuss with Tenant any changes therein which Landlord believes to be necessary or desirable, to enable Landlords’ contractor to prepare an estimate of the cost of such modifications, to bid the work required to be bid, and to substantially complete such modifications within the time frame required by the Lease. Any delay as a result of Tenant’s failure to furnish the Final Plans (as hereinafter defined) to Landlord as required herein, delays in providing any approval or authorization, or Tenant’s changes to the Final Plans (notwithstanding Landlord’s approval of any such changes) shall be deemed to be a Tenant Delay. In the event that Tenant at any time accrues thirty (30) days of Tenant Delay, Landlord may xxxx Tenant for thirty (30) days of Base Rent and Additional Rent for each such period and Tenant shall pay the same within thirty (30) days of receipt of a xxxx. If requested by Landlord and not otherwise specified herein, Tenant shall give any approvals or authorizations or the reasons for not granting the same within three (3) business days of receipt of a request for same from Landlord.
(b) Landlord agrees that it will not unreasonably withhold its approval of the plans and working drawings for the construction of the Tenant Improvements, or of any changes or modifications thereof; provided, however, that Landlord shall have sole and absolute discretion to approve or disapprove any improvements that will (i) be visible from the exterior of the Premises, or which affect any structural or exterior element of the Building or any area or element or any facility serving any area of the Building or delay completion of the Premises, or (ii) require unusual expense to readapt the Premises to normal use on lease termination or increase the cost of construction or of insurance or taxes on the Building, unless Tenant first gives assurance reasonably acceptable to Landlord for payment of such increased cost and that such readaption will be designed made prior to such termination without expense to Landlord. Any approval of such plans and constructed working drawings by Landlord shall not constitute approval of any delays caused by Tenant and shall not be deemed a waiver of any rights or remedies that may arise as described in this Exhibit a result of such delays. In the event of a rejection by Landlord of any proposed plans, Tenant may make changes to the plans and resubmit them pursuant hereto within five (5) business days of receipt of Landlord’s comments. Upon receiving Landlord’s approval to any proposed plans, such plans shall become the final plans (the “DFinal Plans”) hereunder. Tenant will select the Contractor No plans submitted to Landlord shall be considered to be the general contractor Final Plans unless they are submitted to perform Landlord signed and sealed by Tenant’s Architect and in proper and sufficient form for Landlord to obtain all necessary permits and approvals to make said improvements in accordance with the WorkFinal Plans. It shall be Tenant’s responsibility to cause the Plans to comply with all applicable laws.
(c) In the event that any standard finishes become unavailable, it shall not constitute Excusable Delay unless Landlord shall have notifies Tenant of the right to approve (such approval unavailability of the finish and affords Tenant a period not to be unreasonably withheld, conditioned or delayedexceed five (5) the Contractor and business days to select a finish that is available.
(3) (a) The term “Cost of Tenant Improvements” as used in this Lease shall mean all subcontractors that will be performing any portion of the Work. All contractors that will be performing any portion of the Work shall be union contractors. Tenant will pay all direct and indirect costs of completing the Tenant Improvements, including, without limitation: (i) constructing the work pursuant to the Plans, including, without limitation, the cost of all labor (whether performed by third parties or by Landlord’s own force), materials, subcontracts, insurance and other reimbursable expenses, and general conditions, (ii) preparing the Plans, and any other plans required to complete the work and pay for all engineering and architectural fees regarding the design and construction of the Tenant Improvements project, (subject to the Landlord’s payment of the Improvement Allowance as provided for herein). Such costs may include, without limitation, all costs of preparing the Space Plan, construction document preparation, design, Plans and Specifications, general conditions, labor, materials, and other construction costs, the iii) any fees (on an hourly basis) of Contractor’s project manager and site superintendent for the Tenant Improvements, and all costs incurred in connection with obtaining the necessary permits for the Tenant Improvements. For all purposes of ownership, including risk of loss thereto, the Tenant Improvements will immediately upon installation be and remain a part of the Building and the property of Landlord, provided that as provided in Section 15 of this Lease, Landlord may require Tenant to remove same upon the expiration or earlier termination of the Lease Term. Tenant currently occupies the Premises under the Existing Sublease and Landlord permits Tenant to immediately commence construction of the Tenant Improvements from and after (iv) an additional sum equal to eight percent (8%) of the Effective Date Cost of Tenant Improvements included in item (i) of this Lease [subject Section 3(a) as SJP Properties’ construction management fee. The parties acknowledge that the Landlord intends to Tenant’s compliance with the terms and conditions of the Existing Sublease (if then applicable), including, without limitation, Tenant’s receipt of approval from Tenant’s sublessor thereunder]. Tenant shall use its best efforts to complete accomplish the Tenant Improvements on or before July 31, 2017by using SJP Properties as the construction manager for the project. Notwithstanding the foregoing sentence to the contrary, as part Without limitation of the foregoing, the Cost of Tenant Improvements, Tenant shall perform the work necessary to separately demise the Premises from the remaining portion of the sixth (6th) floor of the Building, including the installation of a demising wall (the “Demising Work”) on or before April 1, 2017. Tenant acknowledges that the tenant in the premises adjacent to the Premises will also be performing demising work. Tenant’s performance of the Demising Work shall be coordinated with Landlord and Tenant shall cooperate with Landlord and/or Landlord’s contractors in all ways to ensure the efficient and expeditious scheduling, staging and performance of the Demising Work. The Demising Work Improvements shall not adversely affect include any markups on construction work being performed by or for Landlord or its tenants and shall be performed in harmony with Landlord’s contractors and subcontractors and with costs that are paid to SJP Properties other contractors and subcontractors in than the Complex. Tenant shall impose on and enforce all applicable terms of this Tenant Improvements Agreement against Tenant’s contractors. Landlord shall have the right to order Tenant or any of Tenant’s contractors who violate the requirements imposed on Tenant or Tenant’s contractors in performing the Demising Work to cease performance of the Demising Work and to remove its equipment and employees from the Building. No such action by Landlord shall cause any extension of the Commencement Date nor relieve Tenant from any of its obligations under the Lease. Further, notwithstanding anything herein to the contrary, any delay in the completion of the Demising Work, or any interference to Tenant’s business operations or inconvenience suffered by Tenant during the performance of any adjacent tenant’s demising work shall not subject Landlord to any liability for any loss or damages resulting there from nor entitle Tenant to any credit, abatement or adjustment of Rent or other sum payable under the Lease, as amended hereby. During Tenant’s design, eight percent construction and installation of the Tenant Improvements, Tenant shall pay for all Building services and utilities, if and to the extent required, (i) in accordance with the Existing Sublease from the Effective Date through March 31, 2017, and (ii) in accordance with this Lease from and after April 1, 2017management fee.
Appears in 2 contracts
Samples: Lease Agreement, Lease Agreement (Aptalis Holdings Inc.)
Tenant Improvements. Landlord and Tenant will have approved the space plan and reflected ceiling plan for the Premises prepared by Xxxxxxxx Xxxx Xxxxxxx Architects, dated May 2, 2019, and the associated TI Scope List dated May 21, 2019 (collectively, the “Space Plan”), a copy of which is attached hereto as Schedule 1. Within five (5) business days following the date Tenant executes this Lease, Tenant shall cooperate in good faith with Landlord’s architects and engineers to supply such information necessary to allow the Landlord’s architects and engineers to complete the architectural and engineering drawings for the Premises, and the final architectural working drawings in a form which is complete to allow subcontractors to bid on the work and to obtain all applicable permits (the “Permits”) and in a manner consistent with, and which are a logical extension of, the Space Plan (collectively, the “Working Drawings”). Landlord shall supply Tenant with electronic and hard copies of the Working Drawings within three (3) business days of their completion. Tenant shall advise Landlord within seven (7) business days after Tenant’s receipt of such copies of the Working Drawings if the same are not consistent with the Approved Space Plan or incomplete in any material respect. If Landlord is so advised, Landlord shall promptly cause the Working Drawings to be constructedrevised to make them consistent with, or a reasonable extension of, the Approved Space Plan, it being the parties’ intention that the Working Drawings will be a natural and logical evolution of the Approved Space Plan. Landlord shall then re-submit the revised Working Drawings to Tenant in the format prescribed above, and Tenant shall thereafter respond within the same timeframe set forth above, with the process repeating until Tenant approves or is deemed to have approved the Working Drawings (the “Approved Working Drawings”). Landlord, at Tenant’s its sole cost and expense expenses (subject to Landlord’s payment of the Improvement Allowanceexcept as expressly provided in this Tenant Work Letter), shall construct the improvements in the Premises (the “Tenant Improvements. The Tenant Improvements will be designed and constructed as described in this Exhibit “D”. Tenant will select the Contractor to be the general contractor to perform the Work. Landlord shall have the right to approve (such approval not to be unreasonably withheld, conditioned or delayed) the Contractor and all subcontractors that will be performing any portion of the Work. All contractors that will be performing any portion of the Work shall be union contractors. Tenant will pay all direct and indirect costs of the design and construction of the Tenant Improvements (subject to the Landlord’s payment of the Improvement Allowance as provided for herein). Such costs may include, without limitation, all costs of preparing the Space Plan, construction document preparation, design, Plans and Specifications, general conditions, laborusing Building standard methods, materials, and other construction costsfinishes pursuant to the Approved Working Drawings. Tenant shall make no changes or modifications to (i) the Space Plan or (ii) once completed and approved, the fees (on an hourly basis) Approved Working Drawings, without the prior written consent of ContractorLandlord, which consent may be withheld in Landlord’s project manager and site superintendent for sole discretion if such change or modification would directly or indirectly delay the “Substantial Completion,” as that term is defined in Section 4.1 of this Tenant Work Letter, of the Premises or increase the cost of designing or constructing the Tenant Improvements, and all provided, however, that if Tenant agrees in writing that any such delay shall be a “Tenant delay” subject to Section 4.2 of this Tenant Work Letter and/or Tenant agrees in writing to deposit such additional costs incurred with Landlord or apply the Improvement Allowance (defined in connection with obtaining permits for Section 2.2 below), then Landlord shall not unreasonably withhold, condition or delay its approval to such changes. On the Tenant Improvements. For all purposes of ownership, including risk of loss theretoLease Commencement Date, the Tenant Improvements will immediately upon installation be Premises, Base Building, and remain the Common Areas (including the so-called “path of travel”) shall have been constructed in a part good and workmanlike manner, and in compliance with applicable laws for unoccupied space as of the Building and the property of Landlord, provided that as provided in Section 15 of this Lease, Landlord may require Tenant to remove same upon the expiration or earlier termination date of the Lease Term. Tenant currently occupies the Premises under the Existing Sublease and Landlord permits Tenant to immediately commence construction of the Tenant Improvements from and after the Effective Date of this Lease [subject to Tenant’s compliance with the terms and conditions of the Existing Sublease (if then applicable), including, without limitation, Tenant’s receipt of approval from Tenant’s sublessor thereunder]. Tenant shall use its best efforts to complete the Tenant Improvements on or before July 31, 2017. Notwithstanding the foregoing sentence to the contrary, as part of the Tenant Improvements, Tenant shall perform the work necessary to separately demise the Premises from the remaining portion of the sixth (6th) floor of the Building, including the installation of a demising wall (the “Demising Work”) on or before April 1, 2017. Tenant acknowledges that the tenant in the premises adjacent to the Premises will also be performing demising work. Tenant’s performance of the Demising Work shall be coordinated with Landlord and Tenant shall cooperate with Landlord and/or Landlord’s contractors in all ways to ensure the efficient and expeditious scheduling, staging and performance of the Demising Work. The Demising Work shall not adversely affect any construction work being performed by or for Landlord or its tenants and shall be performed in harmony with Landlord’s contractors and subcontractors and with other contractors and subcontractors in the Complex. Tenant shall impose on and enforce all applicable terms of this Tenant Improvements Agreement against Tenant’s contractors. Landlord shall have the right to order Tenant or any of Tenant’s contractors who violate the requirements imposed on Tenant or Tenant’s contractors in performing the Demising Work to cease performance of the Demising Work and to remove its equipment and employees from the Building. No such action by Landlord shall cause any extension of the Commencement Date nor relieve Tenant from any of its obligations under the Lease. Further, notwithstanding anything herein to the contrary, any delay in the completion of the Demising Work, or any interference to Tenant’s business operations or inconvenience suffered by Tenant during the performance of any adjacent tenant’s demising work shall not subject Landlord to any liability for any loss or damages resulting there from nor entitle Tenant to any credit, abatement or adjustment of Rent or other sum payable under the Lease, as amended hereby. During Tenant’s design, construction and installation of the Tenant Improvements, Tenant shall pay for all Building services and utilities, if and to the extent required, (i) in accordance with required to allow Tenant to obtain a certificate of occupancy or its legal equivalent allowing the Existing Sublease from legal occupancy of the Effective Date through March 31, 2017, and (ii) in accordance with this Lease from and after April 1, 2017.Premises for the Permitted Use. EXHIBIT B SORRENTO HIGHLANDS
Appears in 2 contracts
Samples: Lease (Decipher Biosciences, Inc.), Lease (Decipher Biosciences, Inc.)
Tenant Improvements. All Tenant will cause to Improvements shall be constructedperformed by Landlord’s contractor, at Tenant’s sole cost and expense (subject to Landlord’s payment of the Improvement Allowance), the Tenant Improvements. The Tenant Improvements will be designed and constructed as described in this Exhibit “D”. Tenant will select the Contractor obligations with respect to be the general contractor to perform the Work. Landlord shall have the right to approve (such approval not to be unreasonably withheld, conditioned or delayed) the Contractor and all subcontractors that will be performing any portion of the WorkTI Allowance used by Landlord in completing the Tenant Improvements) and in substantial accordance with the Approved Plans (as defined below), the Amendment and this Work Letter. All contractors To the extent that will be performing any portion of the Work shall be union contractors. Tenant will pay all direct and indirect costs of the design and construction total projected cost of the Tenant Improvements (subject to as projected by Landlord) exceeds the Landlord’s payment of the Improvement TI Allowance as provided for herein). Such costs may include, without limitation, all costs of preparing the Space Plan, construction document preparation, design, Plans and Specifications, general conditions, labor, materials, and other construction costs(such excess, the fees “Excess TI Costs”), Tenant shall advance to Landlord any Excess TI Costs within ten (on 10) days after receipt of an hourly basis) of Contractor’s project manager and site superintendent for invoice therefor, but in any case before Landlord commences the Tenant Improvements. If Landlord is delayed in commencing the Tenant Improvements due to Tenant’s failure to timely pay the Excess TI Costs to Landlord, and all costs incurred in connection then the TI Deadline shall not be extended as a result of such delay. If the actual Excess TI Costs are less than the Excess TI Costs paid by Tenant to Landlord, Landlord shall credit Tenant with obtaining permits the overage paid by Tenant against Tenant’s Rent obligations, beginning after Landlord has completed the final accounting for the Tenant Improvements. For all purposes of ownership, including risk of loss thereto, If the Tenant Improvements will immediately upon installation be and remain a part of the Building and the property of Landlord, provided that as provided in Section 15 of this Lease, Landlord may require Tenant to remove same upon the expiration or earlier termination of the Lease Term. Tenant currently occupies the Premises under the Existing Sublease and Landlord permits Tenant to immediately commence construction cost of the Tenant Improvements from (as projected by Landlord) increases over Landlord’s initial projection, then Landlord may notify Tenant and after Tenant shall deposit any additional Excess TI Costs with Landlord in the Effective Date of same way that Tenant deposited the initial Excess TI Costs. If Tenant fails to pay, or is late in paying, any sum due to Landlord under this Lease [subject to Tenant’s compliance with the terms and conditions Work Letter, then Landlord shall have all of the Existing Sublease rights and remedies set forth in the Lease for nonpayment of Rent (if then applicableincluding the right to interest and the right to assess a late charge), including, without limitation, Tenant’s receipt and for purposes of approval from Tenant’s sublessor thereunder]any litigation instituted with regard to such amounts the same shall be considered Rent. Tenant shall use All material and equipment furnished by Landlord or its best efforts to complete contractors as the Tenant Improvements on shall be new or before July 31, 2017. Notwithstanding the foregoing sentence to the contrary, as part of “like new,” and the Tenant Improvements, Tenant shall perform the work necessary to separately demise the Premises from the remaining portion of the sixth (6th) floor of the Building, including the installation of a demising wall (the “Demising Work”) on or before April 1, 2017. Tenant acknowledges that the tenant in the premises adjacent to the Premises will also be performing demising work. Tenant’s performance of the Demising Work shall be coordinated with Landlord and Tenant shall cooperate with Landlord and/or Landlord’s contractors in all ways to ensure the efficient and expeditious scheduling, staging and performance of the Demising Work. The Demising Work shall not adversely affect any construction work being performed by or for Landlord or its tenants and Improvements shall be performed in harmony with Landlord’s contractors and subcontractors and with other contractors and subcontractors in the Complex. Tenant shall impose on and enforce all applicable terms of this Tenant Improvements Agreement against Tenant’s contractors. Landlord shall have the right to order Tenant or any of Tenant’s contractors who violate the requirements imposed on Tenant or Tenant’s contractors in performing the Demising Work to cease performance of the Demising Work and to remove its equipment and employees from the Building. No such action by Landlord shall cause any extension of the Commencement Date nor relieve Tenant from any of its obligations under the Lease. Furthera first-class, notwithstanding anything herein to the contrary, any delay in the completion of the Demising Work, or any interference to Tenant’s business operations or inconvenience suffered by Tenant during the performance of any adjacent tenant’s demising work shall not subject Landlord to any liability for any loss or damages resulting there from nor entitle Tenant to any credit, abatement or adjustment of Rent or other sum payable under the Lease, as amended hereby. During Tenant’s design, construction and installation of the Tenant Improvements, Tenant shall pay for all Building services and utilities, if and to the extent required, (i) in accordance with the Existing Sublease from the Effective Date through March 31, 2017, and (ii) in accordance with this Lease from and after April 1, 2017workmanlike manner.
Appears in 2 contracts
Samples: Lease Agreement (Halozyme Therapeutics Inc), Lease (Halozyme Therapeutics Inc)
Tenant Improvements. Landlord is providing the basic Premises in its current “AS IS” condition, without representation or warranty of any kind, and Landlord shall have no obligation to make any modifications or alterations to the Premises except as specifically set forth in this Section 17.1. Notwithstanding the foregoing, Landlord agrees at its sole cost to (i) construct demising walls to separate the Premises from the remainder of the Building, (ii) install separate meters to measure the gas and electricity being used at the Premises; and (iii) physically separate the fire sprinkler system serving the Premises (the “Landlord Improvements”). Landlord shall complete the Landlord Improvements in compliance with all applicable Laws. Item (iii) of the Landlord improvements shall include physically repositioning any fire sprinkler heads required for the construction of the demising walls; item (iii) of the Landlord Improvements shall specifically exclude any other alterations to the fire sprinkler system in the Premises, or any alterations to the fire sprinkler system in the Premises that are required to comply with any Laws; notwithstanding anything to the contrary in this Lease, any such alterations to the fire sprinkler system in the Premises, to the extent required by Tenant will cause to or applicable Laws, shall be constructed, completed by Tenant at Tenant’s its sole cost and expense expense. Landlord agrees to coordinate the tenant improvements (subject to Landlord’s payment the “Tenant Improvements”) described on Exhibit 17.1.1 attached hereto. The costs of the Improvement Allowance), the Tenant Improvements. The Tenant Improvements will be designed and constructed as described in this Exhibit “D”. Tenant will select the Contractor to shall be the general contractor sole responsibility of Tenant; provided, however, that Landlord shall provide Tenant with an allowance of up to perform $120,000.00 (the Work“Allowance”). Landlord shall have use the right Allowance to approve pay: (such approval not to be unreasonably withheld1) all costs and expenses directly incurred by Landlord, conditioned or delayed) if any, in the Contractor and all subcontractors that will be performing any portion of the Work. All contractors that will be performing any portion of the Work shall be union contractors. Tenant will pay all direct and indirect costs of the design and construction of the Tenant Improvements (subject to the Landlord’s payment of the Improvement Allowance as provided for hereinincluding all applicable licenses and permits). Such costs may include, without limitation, ; (2) all costs and expenses directly incurred by Landlord for the preparation or review of preparing the Space Plan, construction document preparation, design, Plans all plans and Specifications, general conditions, labor, materials, and other construction costs, the fees (on an hourly basis) of Contractor’s project manager and site superintendent specifications for the Tenant Improvements; and (3) a construction supervision fee to Landlord’s construction agent, and all CB Xxxxxxx Xxxxx, equal to 6% of the actual costs incurred in connection with obtaining permits for of construction of the Tenant Improvements. For all purposes of ownership, including risk of loss thereto, If the Tenant Improvements will immediately upon installation be and remain a part of the Building and the property of Landlord, provided that as provided in Section 15 of this Lease, Landlord may require Tenant to remove same upon the expiration or earlier termination of the Lease Term. Tenant currently occupies the Premises under the Existing Sublease and Landlord permits Tenant to immediately commence construction cost of the Tenant Improvements from and after exceeds the Effective Date of this Lease [subject to Tenant’s compliance with the terms and conditions of the Existing Sublease (if Allowance, then applicable), including, without limitation, Tenant’s receipt of approval from Tenant’s sublessor thereunder]. Tenant shall use its best efforts pay such excess cost to complete Landlord as Additional Rent pursuant to Section 2.2. If the cost of the Tenant Improvements on or before July 31is less than the Allowance, 2017. Notwithstanding the foregoing sentence to the contrary, as part of the Tenant Improvements, then Tenant shall perform the work necessary not be entitled to separately demise the Premises from the remaining portion of the sixth (6th) floor of the Building, including the installation of a demising wall (the “Demising Work”) on any payment or before April 1, 2017credit for such excess amount. Tenant acknowledges that the tenant in the premises adjacent Any other improvements made to the Premises will also by Tenant shall be performing demising work. at Tenant’s performance of the Demising Work shall be coordinated with Landlord and Tenant shall cooperate with Landlord and/or Landlord’s contractors in all ways to ensure the efficient and expeditious schedulingsole expense, staging and performance of the Demising Work. The Demising Work shall not adversely affect any construction work being performed by or for Landlord or its tenants and shall be performed in harmony with Landlord’s contractors and subcontractors and with other contractors and subcontractors in the Complex. Tenant shall impose on and enforce all applicable terms deemed an “Alteration” subject to Article 8 of this Tenant Improvements Agreement against Tenant’s contractors. Landlord shall have the right to order Tenant or any of Tenant’s contractors who violate the requirements imposed on Tenant or Tenant’s contractors in performing the Demising Work to cease performance of the Demising Work and to remove its equipment and employees from the Building. No such action by Landlord shall cause any extension of the Commencement Date nor relieve Tenant from any of its obligations under the Lease. Further, notwithstanding anything herein to the contrary, any delay in the completion of the Demising Work, or any interference to Tenant’s business operations or inconvenience suffered by Tenant during the performance of any adjacent tenant’s demising work shall not subject Landlord to any liability for any loss or damages resulting there from nor entitle Tenant to any credit, abatement or adjustment of Rent or other sum payable under the Lease, as amended hereby. During Tenant’s design, construction and installation of the Tenant Improvements, Tenant shall pay for all Building services and utilities, if and to the extent required, (i) in accordance with the Existing Sublease from the Effective Date through March 31, 2017, and (ii) in accordance with this Lease from and after April 1, 2017.
Appears in 2 contracts
Samples: Lease Agreement (G Iii Apparel Group LTD /De/), Lease Agreement (G Iii Apparel Group LTD /De/)
Tenant Improvements. Landlord will provide Tenant will cause with an improvement allowance in the maximum amount of $105,000.00 (the “Allowance”). The Allowance shall be used by Tenant solely for improvements to the Premises as previously approved by Landlord in writing on the attached Exhibit A, including office space, a customer waiting area, and new lighting; but in no event may the Allowance be constructedused for personal property, at including but not limited to data cabling and wiring. After completion of Tenant’s sole cost work and expense (subject the expiration of the statutory period in which mechanics and materialmen can file liens or the furnishing of lien releases acceptable to Landlord’s Landlord from all contractors and suppliers, Tenant shall deliver to Landlord a copy of the construction contract, all bills and invoices and such other documentation as Landlord may reasonably require to evidence payment of the Improvement expenses incurred by Tenant for which Tenant seeks reimbursement of the Allowance), the Tenant Improvements. The Tenant Improvements will be designed Upon Landlord’s receipt of such items and constructed as described in this Exhibit “D”. Tenant will select the Contractor to be the general contractor to perform the Workverification of Tenant’s costs. Landlord shall have pay to Tenant the right to approve Allowance, reduced by any Landlord project management fee, within fifteen (15) days of receipt of all of such approval not to be unreasonably withheld, conditioned or delayed) the Contractor documentation and all subcontractors that will be performing any portion of the Workverification. All contractors that will be performing any portion of the Work shall be union contractors. Tenant will pay all direct and indirect costs of the design and construction of the Tenant Improvements (subject to the Landlord’s payment of the Improvement Allowance as project management fee shall not exceed $750, provided for herein). Such costs may includeLandlord has approved, without limitationin writing, all costs of preparing the Space Planmechanical, construction document preparation, design, Plans electrical and Specifications, general conditions, labor, materials, and other construction costs, the fees (on an hourly basis) of Contractor’s project manager and site superintendent for the plumbing contractors selected by Tenant Improvements, and all costs incurred in connection with obtaining permits for the Tenant Improvements. For all purposes of ownershipLandlord reserves the right, including risk of loss theretobut not the obligation, to charge a three percent (3%) project management fee on the Tenant Improvements will immediately upon installation be and remain a part of the Building and the property of Landlord, provided that as provided in Section 15 of this Lease, Landlord may require Tenant to remove same upon the expiration or earlier termination of the Lease Term. Tenant currently occupies the Premises under the Existing Sublease and Landlord permits Tenant to immediately commence construction total cost of the Tenant Improvements from and after should Tenant use a contractors) that has not been approved by the Effective Date Landlord. Tenant must request reimbursement of the Allowance pursuant to this Lease [subject to Paragraph 4 no later than December 31, 2012. If Tenant does not timely make such request, then all of Tenant’s compliance with the terms rights to such Allowance or any portion thereof shall automatically terminate and conditions be null and void as of such date, and Tenant shall no longer be entitled to any portion or all of the Existing Sublease (if then applicable)Allowance. In the event the costs of the approved improvements for which Tenant seeks reimbursement are less than the full amount of the Allowance, includingLandlord shall be obligated to reimburse Tenant only the actual amount of such costs, without limitation, and Tenant shall not be entitled to payment or credit of any remaining balance. In the event the costs of Tenant’s receipt of approval from Tenant’s sublessor thereunder]. Tenant shall use its best efforts to complete the Tenant Improvements on or before July 31, 2017. Notwithstanding the foregoing sentence to the contrary, as part of the Tenant Improvements, Tenant shall perform the work necessary to separately demise the Premises from the remaining portion of the sixth (6th) floor of the Building, including the installation of a demising wall (the “Demising Work”) on or before April 1, 2017. Tenant acknowledges that the tenant in the premises adjacent improvements to the Premises will also be performing demising work. Tenant’s performance of exceed the Demising Work Allowance, Tenant and not Landlord shall be coordinated with Landlord and Tenant shall cooperate with Landlord and/or Landlord’s contractors in all ways to ensure the efficient and expeditious scheduling, staging and performance of the Demising Worksolely responsible for such excess amounts. The Demising Work shall not adversely affect any construction work being performed by or for Landlord or its tenants and shall be performed in harmony with Landlord’s contractors and subcontractors and with other contractors and subcontractors in the Complex. Tenant shall impose on and enforce all applicable terms provisions of this Tenant Improvements Agreement against Tenant’s contractors. Paragraph 4 shall supersede any other improvement allowances, Landlord shall have the right to order Tenant or any of Tenant’s contractors who violate the requirements imposed on Tenant or Tenant’s contractors build-out obligations, and reimbursements previously set forth in performing the Demising Work to cease performance of the Demising Work and to remove its equipment and employees from the Building. No such action by Landlord shall cause any extension of the Commencement Date nor relieve Tenant from any of its obligations under the Lease. Further, notwithstanding anything herein to the contrary, any delay in the completion of the Demising Work, or any interference to Tenant’s business operations or inconvenience suffered by Tenant during the performance of any adjacent tenant’s demising work shall not subject Landlord to any liability for any loss or damages resulting there from nor entitle Tenant to any credit, abatement or adjustment of Rent or other sum payable under the Lease, as amended hereby. During TenantLandlord’s design, construction and installation of the Tenant Improvements, Tenant shall pay for all Building services and utilities, if and to the extent required, (i) in accordance performance obligations having been satisfied with the Existing Sublease from the Effective Date through March 31, 2017, and (ii) in accordance with this Lease from and after April 1, 2017respect thereto.
Appears in 2 contracts
Samples: Lease (Control4 Corp), Lease (Control4 Corp)
Tenant Improvements. Landlord agrees to construct within the Premises ------------------- certain improvements to the Premises ("Tenant will cause Improvements") pursuant to be constructed, at Tenant’s sole cost and expense (subject the terms of Exhibit B. Subject to Landlord’s payment completion of the Improvement Allowance), the Tenant Improvements, if any, --------- and to Landlord's obligations set forth below in this Section 7, the Premises shall be delivered to Tenant in its then "as-is" condition, and Landlord shall not have any obligation to make or pay for any alterations, additions, improvements or repairs to prepare the Premises for Tenant's occupancy. The Tenant Improvements will be designed foregoing is not intended to diminish Landlord's repair and constructed as described in maintenance obligations pursuant to other provisions of this Exhibit “D”Lease. Tenant will select the Contractor to be the general contractor to perform the Work. Landlord shall have the right to approve Within fifteen (such approval not to be unreasonably withheld, conditioned or delayed15) the Contractor and all subcontractors that will be performing any portion days after Substantial Completion of the Work. All contractors that will be performing Tenant Improvements, but prior to Tenant moving any portion of its furniture, fixtures or equipment into the Premises, upon either party's request Landlord and Tenant shall together conduct an inspection of the Work shall be union contractors. Tenant will pay all direct Premises and indirect costs prepare a list of the design and construction Punch List Items any items of the Tenant Improvements (subject to the Landlord’s payment of the Improvement Allowance as provided for herein). Such costs may include, without limitation, all costs of preparing the Space Plan, construction document preparation, design, Plans and Specifications, general conditions, labor, materials, and other construction costs, the fees (on an hourly basis) of Contractor’s project manager and site superintendent for the Tenant Improvements, and all costs incurred that are not in connection conformity with obtaining permits for the Tenant Improvements. For all purposes of ownership, including risk of loss thereto, the Tenant Improvements will immediately as required by the terms of this Lease. Landlord shall use its good faith efforts to correct all such items within a reasonable period of time following preparation of such list. In addition, within thirty (30) days following preparation of such list, upon installation be either party's request Landlord and remain Tenant shall conduct a part second inspection of the Building Premises and prepare a second list with respect to any items that were not adequately completed from the property first list and any items that were not reasonably discoverable during the first inspection. Landlord shall use its good faith efforts to correct any items listed on the second list within a reasonable period of Landlord, provided that as provided in Section 15 time following preparation of such list. During the term of this Lease, Landlord may require Tenant shall use its good faith efforts to remove same upon enforce any warranty claims with respect to the expiration or earlier termination of the Lease Term. Tenant currently occupies the Premises under the Existing Sublease and Landlord permits Tenant to immediately commence construction of the Tenant Improvements from and after the Effective Date of this Lease [subject to Tenant’s compliance with the terms and conditions of the Existing Sublease (if then applicable), including, without limitation, Tenant’s receipt of approval from Tenant’s sublessor thereunder]. Tenant shall use its best efforts to complete the Tenant Improvements on or before July 31, 2017. Notwithstanding the foregoing sentence to the contrary, as part of the Tenant Improvements, Tenant shall perform the work necessary to separately demise the Premises from the remaining portion of the sixth (6th) floor of the Building, including the installation of a demising wall (the “Demising Work”) on or before April 1, 2017. Tenant acknowledges that the tenant in the premises adjacent to the Premises will also be performing demising work. Tenant’s performance of the Demising Work shall be coordinated with Landlord and Tenant shall cooperate with Landlord and/or Landlord’s contractors in all ways to ensure the efficient and expeditious scheduling, staging and performance of the Demising Work. The Demising Work shall not adversely affect any construction work being performed by or for Landlord or its tenants and shall be performed in harmony with Landlord’s contractors and subcontractors and with other contractors and subcontractors in the Complex. Tenant shall impose on and enforce all applicable terms of this Tenant Improvements Agreement against Tenant’s contractors. Landlord shall have the right to order Tenant or any of Tenant’s contractors who violate the requirements imposed on Tenant or Tenant’s contractors in performing the Demising Work to cease performance of the Demising Work and to remove its equipment and employees from the Building. No such action by Landlord shall cause any extension of the Commencement Date nor relieve Tenant from any of its obligations under the Lease. Further, notwithstanding anything herein to the contrary, any delay in the completion of the Demising Work, or any interference to Tenant’s business operations or inconvenience suffered by Tenant during the performance of any adjacent tenant’s demising work shall not subject Landlord to any liability for any loss or damages resulting there from nor entitle Tenant to any credit, abatement or adjustment of Rent or other sum payable under the Lease, as amended hereby. During Tenant’s design, construction and installation of the Tenant Improvements, Tenant shall pay for all Building services and utilities, if and to the extent required, (i) in accordance with the Existing Sublease from the Effective Date through March 31, 2017, and (ii) in accordance with this Lease from and after April 1, 2017.
Appears in 2 contracts
Tenant Improvements. Following the date on which Landlord has ------------------- tendered the Premises to Tenant will cause to (which shall be constructed, at Tenant’s sole cost and expense (subject to upon substantial completion of Landlord’s payment 's construction of the Improvement AllowanceBuilding), the tenant improvements (the "Improvements") shall be constructed at Tenant's expense, except as provided ------------- below.
(1) Tenant shall bear the entire cost of performing the Work (defined below) relating to the Improvements (including, without limitation, design of the Improvements and preparation of the Working Drawings, costs of construction labor and materials, electrical usage during construction, additional janitorial services, general tenant signage, related taxes and insurance costs relating thereto, all of which costs are herein collectively called the "Total Construction Costs") in excess of the ------------------------ Construction Allowance. Upon approval of the Working Drawings for the Improvements and selection of a contractor, Tenant shall promptly execute a work order agreement prepared by Landlord which identifies such drawings, itemizes the Total Construction Costs and sets forth the Construction Allowance.
(2) Provided no Event of Default exists, Landlord shall provide to Tenant a construction allowance for the Improvements (the "Construction ------------ Allowance") equal to the lesser of (A) the Total Construction Costs --------- incurred for the Improvements or (B) the product of $15.00 times the actual rentable area of the Premises (as determined by Landlord's architect pursuant to Section 1.(a)). To the extent Tenant is entitled to receive such allowance, the construction allowance shall be disbursed in monthly advances based on the costs of the work incurred. Tenant shall submit to Landlord (but not more frequently than once per month) construction allowance requests accompanied by all invoices from contractors, subcontractors, and suppliers evidencing the cost of performing the Work for which the request is being submitted, together with lien waivers from such parties. Provided that no Event of Default exists, Landlord shall make advances of the construction allowances within ten days after its receipt of the advance request accompanied by the appropriate documentation; however, the final draw of the Construction Allowance, which ---------------------- shall not be less than 10% of the amount of such allowance, shall not be disbursed until Landlord has received final lien waivers from all persons performing work or supplying materials for the Improvements and a certificate of occupancy from the appropriate governmental authority, if applicable to the Work for the Improvements, or, if applicable, evidence of governmental inspection and approval of the Work for the Improvements. The Tenant Improvements will be designed and constructed as described in this Exhibit “D”. Tenant will select the Contractor to be the general contractor to perform the Work. Landlord shall have the right to approve (such approval not to be unreasonably withheld, conditioned or delayed) the Contractor and all subcontractors that will be performing apply any unused portion of the Work. All contractors that will be performing any portion Construction Allowance toward other non-specific improvements relating to the finish-out of the Work Premises. If Landlord constructs the Improvements on behalf of Tenant, then all costs relating to the construction thereof and of other improvements requested by Tenant such as a skybridge, energy management system and monument sign, in excess of the Construction Allowance shall be union contractors. Tenant will pay all direct payable to ---------------------- Landlord as additional rent, and indirect costs such excess amount shall be amortized on a monthly basis over the Term using an interest rate of the design and construction of the Tenant Improvements eleven percent (subject to the Landlord’s payment of the Improvement Allowance as provided for herein11%). Such costs may include, without limitation, all costs of preparing the Space Plan, construction document preparation, design, Plans and Specifications, general conditions, labor, materials, and other construction costs, the fees (on an hourly basis) of Contractor’s project manager and site superintendent for the Tenant Improvements, and all costs incurred in connection with obtaining permits for the Tenant Improvements. For all purposes of ownership, including risk of loss thereto, the Tenant Improvements will immediately upon installation be and remain a part of the Building and the property of Landlord, provided that as provided in Section 15 of this Lease, Landlord may require Tenant to remove same upon the expiration or earlier termination of the Lease Term. Tenant currently occupies the Premises under the Existing Sublease and Landlord permits Tenant to immediately commence construction of the Tenant Improvements from and after the Effective Date of this Lease [subject to Tenant’s compliance with the terms and conditions of the Existing Sublease (if then applicable), including, without limitation, Tenant’s receipt of approval from Tenant’s sublessor thereunder]. Tenant shall use its best efforts to complete the Tenant Improvements on or before July 31, 2017. Notwithstanding the foregoing sentence to the contrary, as part of the Tenant Improvements, Tenant shall perform the work necessary to separately demise the Premises from the remaining portion of the sixth (6th) floor of the Building, including the installation of a demising wall (the “Demising Work”) on or before April 1, 2017. Tenant acknowledges that the tenant in the premises adjacent to the Premises will also be performing demising work. Tenant’s performance of the Demising Work shall be coordinated with Landlord and Tenant shall cooperate with Landlord and/or Landlord’s contractors in all ways to ensure the efficient and expeditious scheduling, staging and performance of the Demising Work. The Demising Work excess amount shall not adversely affect any construction work being performed by or for Landlord or its tenants and shall be performed greater than $500,000; however, such other improvements which are not essentially "building standard" in harmony with Landlord’s contractors and subcontractors and with other contractors and subcontractors nature (such as those set forth in the Complex. Tenant shall impose on and enforce all applicable terms of this Tenant Improvements Agreement against Tenant’s contractors. Landlord shall have the right to order Tenant or any of Tenant’s contractors who violate the requirements imposed on Tenant or Tenant’s contractors in performing the Demising Work to cease performance of the Demising Work and to remove its equipment and employees from the Building. No such action by Landlord shall cause any extension of the Commencement Date nor relieve Tenant from any of its obligations under the Lease. Further, notwithstanding anything herein to the contrary, any delay in the completion of the Demising Work, or any interference to Tenant’s business operations or inconvenience suffered by Tenant during the performance of any adjacent tenant’s demising work paragraph) shall not subject Landlord to any liability for any loss or damages resulting there from nor entitle Tenant to any credit, abatement or adjustment exceed the sum of Rent or other sum payable under the Lease, as amended hereby. During Tenant’s design, construction and installation of the Tenant Improvements, Tenant shall pay for all Building services and utilities, if and to the extent required, (i) in accordance with the Existing Sublease from the Effective Date through March 31, 2017, and (ii) in accordance with this Lease from and after April 1, 2017$300,000.
Appears in 2 contracts
Samples: Commercial Lease Agreement (Metasolv Software Inc), Commercial Lease Agreement (Metasolv Software Inc)
Tenant Improvements. Tenant will cause to be constructedshall replace the HVAC system serving the Leased Premises and shall construct, at furnish or install all improvements, equipment or fixtures, that are necessary for Tenant’s sole cost 's use and expense (subject to Landlord’s payment occupancy of the Improvement AllowanceLeased Premises (the "Tenant Improvements"), . Tenant shall also be responsible for the cost of any alterations to the Building required as a result of the Tenant Improvements. The Tenant Improvements will be designed and constructed as described in this Exhibit “D”. Tenant will select the Contractor to be the general contractor to perform the Work. Landlord shall have the right to approve (such approval not to be unreasonably withheld, conditioned or delayed) the Contractor and all subcontractors that will be performing any portion of the Work. All contractors that will be performing any portion of the Work shall be union contractors. Tenant will pay all direct in conformity with drawings and indirect costs of the design specifications submitted to and construction of the Tenant Improvements (subject to the Landlord’s payment of the Improvement Allowance as provided for herein). Such costs may include, without limitation, all costs of preparing the Space Plan, construction document preparation, design, Plans and Specifications, general conditions, labor, materials, and other construction costs, the fees (on an hourly basis) of Contractor’s project manager and site superintendent for the Tenant Improvements, and all costs incurred in connection with obtaining permits for the Tenant Improvements. For all purposes of ownership, including risk of loss thereto, the Tenant Improvements will immediately upon installation be and remain a part of the Building and the property of Landlord, provided that as provided in Section 15 of this Lease, approved by Landlord may require Tenant to remove same upon the expiration or earlier termination of the Lease Term. Tenant currently occupies the Premises under the Existing Sublease and Landlord permits Tenant to immediately commence construction of the Tenant Improvements from and after the Effective Date of this Lease [subject to Tenant’s compliance with the terms and conditions of the Existing Sublease (if then applicable), including, without limitation, Tenant’s receipt of approval from Tenant’s sublessor thereunder]. Tenant shall use its best efforts to complete the Tenant Improvements on or before July 31, 2017. Notwithstanding the foregoing sentence to the contrary, as part of the Tenant Improvements, Tenant shall perform the work necessary to separately demise the Premises from the remaining portion of the sixth (6th) floor of the Building, including the installation of a demising wall (the “Demising Work”) on or before April 1, 2017. Tenant acknowledges that the tenant in the premises adjacent to the Premises will also be performing demising work. Tenant’s performance of the Demising Work shall be coordinated with Landlord and Tenant shall cooperate with Landlord and/or Landlord’s contractors in all ways to ensure the efficient and expeditious scheduling, staging and performance of the Demising Work. The Demising Work shall not adversely affect any construction work being performed by or for Landlord or its tenants and shall be performed in harmony accordance with Landlord’s contractors the following provisions:
(a) Tenant shall prepare and subcontractors 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, elevations, critical sections and with other contractors details) and subcontractors in the Complexa specification of Tenant's utility requirements. Tenant shall impose on cause all drawings and enforce all applicable terms of this specifications for the Tenant Improvements Agreement against to be prepared by licensed architects and where appropriate, mechanical, electrical and structural engineers.
(b) Within 10 days after receipt of Tenant’s contractors. 's drawings Landlord shall have the right return one set of prints thereof with Landlord's approval and/or suggested modifications noted thereon. If Landlord has approved Tenant's drawings subject to order modifications, such modifications shall be deemed to be acceptable to and approved by Tenant or any of unless Tenant shall prepare and resubmit revised drawings for further consideration by Landlord. If Landlord has suggested modifications without approving Tenant’s contractors who violate the requirements imposed on 's drawings Tenant or Tenant’s contractors in performing the Demising Work shall prepare and resubmit revised drawings within seven days for consideration by Landlord. All revised drawings shall be submitted, with changes highlighted, to cease performance Landlord within seven days following Landlord's return to Tenant of the Demising Work drawings originally submitted, and to remove its equipment and employees from the Building. No such action by Landlord shall cause any extension approve or disapprove such revised drawings within seven days following receipt of the Commencement Date nor relieve Tenant from any of its obligations under the Lease. Further, notwithstanding anything herein to the contrary, any delay in the completion of the Demising Work, or any interference to Tenant’s business operations or inconvenience suffered by Tenant during the performance of any adjacent tenant’s demising work shall not subject Landlord to any liability for any loss or damages resulting there from nor entitle Tenant to any credit, abatement or adjustment of Rent or other sum payable under the Lease, as amended hereby. During Tenant’s design, construction and installation of the Tenant Improvements, Tenant shall pay for all Building services and utilities, if and to the extent required, (i) in accordance with the Existing Sublease from the Effective Date through March 31, 2017, and (ii) in accordance with this Lease from and after April 1, 2017same.
Appears in 2 contracts
Samples: Lease Agreement (Digital Microwave Corp /De/), Lease Agreement (Digital Microwave Corp /De/)
Tenant Improvements. Landlord shall cause the Tenant will cause Improvements to be constructedconstructed in the Expansion Premises and the Existing Premises in the 11055 Building (collectively, the “Total 11055 Premises”) pursuant to the Work Letter at Tenant’s sole a cost and expense to Landlord not to exceed (subject a) One Million Eight Hundred Sixty Thousand Dollars ($1,860,000) (the “TI Allowance”). The TI Allowance may be applied to Landlord’s payment the costs of (m) construction, (n) project management by Landlord (which fee shall equal three percent (3%) of the Improvement cost of the Tenant Improvements, including the TI Allowance), the Tenant Improvements. The Tenant Improvements will be designed (o) commissioning of mechanical, electrical and constructed as described in this Exhibit “D”. Tenant will select the Contractor to be the general contractor to perform the Work. Landlord shall have the right to approve (such approval not to be unreasonably withheldplumbing systems by a licensed, conditioned or delayed) the Contractor and all subcontractors that will be performing any portion of the Work. All contractors that will be performing any portion of the Work shall be union contractors. Tenant will pay all direct and indirect costs of the design and construction of the Tenant Improvements (subject to the qualified commissioning agent hired by Landlord’s payment of the Improvement Allowance as provided for herein). Such costs may include, without limitation, all costs of preparing the Space Plan, construction document preparation, design, Plans and Specifications, general conditions, labor, materials, and review of such party’s commissioning report by a licensed, qualified commissioning agent hired by Tenant, (p) space planning, architect, engineering and other construction costsrelated services performed by third parties unaffiliated with Tenant, the fees (on an hourly basisq) building permits and other taxes, fees, charges and levies by Governmental Authorities (as defined below) for permits or for inspections of Contractor’s project manager and site superintendent for the Tenant Improvements, and all (r) costs incurred in connection and expenses for labor, material, equipment and fixtures. In no event shall the TI Allowance be used for (w) payments to Tenant or any affiliates of Tenant, (x) the purchase of any furniture, personal property or other non-building system equipment, (y) costs resulting from any default by Tenant of its obligations under this Lease or (z) costs that are recoverable by Tenant from a third party (e.g., insurers, warrantors, or tortfeasors). Tenant shall have until the date of Substantial Completion of the initial Tenant Improvements (the “TI Deadline”), to expend the unused portion of the TI Allowance, after which date Landlord’s obligation to fund such costs shall expire. In no event shall any unused TI Allowance entitle Tenant to a credit against Rent payable under this Lease. In Landlord’s reasonable discretion during the thirty (30) day period immediately prior to the Expansion Commencement Date, Landlord may permit Tenant to enter upon the Expansion Premises for the purpose of installing equipment, trade fixtures or the placement of personal property so long as such entry does not interfere with obtaining permits for the completion of the Tenant Improvements. For all purposes of ownership, including risk of loss thereto, the Tenant Improvements will immediately upon installation be and remain a part of the Building and the property of Landlord, ; provided that as provided in Section 15 Tenant shall furnish to Landlord evidence satisfactory to Landlord that insurance coverages required of this Lease, Landlord may require Tenant to remove same upon the expiration or earlier termination of under the Lease Term. Tenant currently occupies are in effect with respect to the Premises under the Existing Sublease Expansion Premises, and Landlord permits Tenant to immediately commence construction of the Tenant Improvements from and after the Effective Date of this Lease [such entry shall be subject to Tenant’s compliance with all the terms and conditions of the Existing Sublease (Lease; and provided, further, that if the Expansion Commencement Date is delayed due to such early access, then applicable), including, without limitation, Tenant’s receipt of approval from Tenant’s sublessor thereunder]. Tenant the Expansion Commencement Date shall use its best efforts to complete be the Tenant Improvements on or before July 31, 2017. Notwithstanding the foregoing sentence to the contrary, as part of the Tenant Improvements, Tenant shall perform the work necessary to separately demise the Premises from the remaining portion of the sixth (6th) floor of the Building, including the installation of a demising wall (the “Demising Work”) on or before April 1, 2017. Tenant acknowledges date that the tenant in the premises adjacent to the Premises will also be performing demising work. Tenant’s performance of the Demising Work shall be coordinated with Landlord and Tenant shall cooperate with Landlord and/or Landlord’s contractors in all ways to ensure the efficient and expeditious scheduling, staging and performance of the Demising Work. The Demising Work shall not adversely affect any construction work being performed by or for Landlord or its tenants and shall be performed in harmony with Landlord’s contractors and subcontractors and with other contractors and subcontractors in the Complex. Tenant shall impose on and enforce all applicable terms of this Tenant Improvements Agreement against Tenant’s contractors. Landlord shall have the right to order Tenant or any of Tenant’s contractors who violate the requirements imposed on Tenant or Tenant’s contractors in performing the Demising Work to cease performance of the Demising Work and to remove its equipment and employees from the Building. No such action by Landlord shall cause any extension of the Expansion Commencement Date nor relieve Tenant from any of its obligations under the Lease. Further, notwithstanding anything herein to the contrary, any delay in the completion of the Demising Work, or any interference to Tenant’s business operations or inconvenience suffered by Tenant during the performance of any adjacent tenant’s demising work shall not subject Landlord to any liability would have occurred but for any loss or damages resulting there from nor entitle Tenant to any credit, abatement or adjustment of Rent or other sum payable under the Lease, as amended hereby. During Tenant’s design, construction and installation of the Tenant Improvements, Tenant shall pay for all Building services and utilities, if and to the extent required, (i) in accordance with the Existing Sublease from the Effective Date through March 31, 2017, and (ii) in accordance with this Lease from and after April 1, 2017such delay.
Appears in 2 contracts
Samples: Sublease Agreement (Locust Walk Acquisition Corp.), Standard Industrial Net Lease (Trovagene, Inc.)
Tenant Improvements. Landlord shall solicit bids for the Tenant will cause to be constructed, at Tenant’s sole cost Improvements from no less than three (3) but not more than five (5) general contractors as mutually approved by Tenant and expense Landlord (subject to Landlord’s payment which may include some or all of the Improvement Allowancegeneral contractors listed in the definition of "Contractor" above). All subcontracted work (except for fire alarm, the Tenant Improvements. The Tenant Improvements Building automation system(s) connections, Building roof work and work associated with existing warranties) will be designed and constructed as described competitively bid by a minimum of three (3) qualified subcontractors in this Exhibit “D”each trade of work. Tenant and Landlord will select mutually agree on the selection of the Contractor to be the general contractor for the Tenant Improvements. Upon selection of the Contractor, Landlord will enter into a construction contract with the Contractor to perform the WorkWork and making advances to Contractor from the Improvement Allowance. Landlord shall have the right The Tenant Improvements, pursuant to approve (such approval not to be unreasonably withheld, conditioned or delayed) the Contractor and all subcontractors a construction contract that will be performing any portion provide for Substantial Completion to occur within the time period provided for in the Timeline and deliver possession of the Work. All contractors that will be performing any portion of the Work shall be union contractorsExpansion Space to Tenant. Tenant will pay be responsible for all direct and indirect costs of the design and construction of the Tenant Improvements (subject to the Landlord’s payment of the Improvement Allowance as provided for herein)Improvements. Such costs may include, without limitation, all costs of preparing the Space Plan, construction document preparation, design, Plans and Specifications, general conditions, labor, materials, and other construction costs, the fees (on an hourly basis) of Contractor’s project manager and site superintendent for the Tenant Improvements, and all costs incurred in connection with obtaining permits for the Tenant Improvements. If the contracts for the construction of the Tenant Improvements will exceed the Improvement Allowance, Tenant shall pay such excess in full. For all purposes of ownership, including risk of loss thereto, the Tenant Improvements will immediately upon installation be and remain a part of the Building and the property of Landlord, provided that as provided in Section 15 of this Lease, Landlord may require Tenant . Work shall be deemed to remove same completed upon the expiration or earlier termination of the Lease TermSubstantial Completion. Tenant currently occupies hereby elects in writing to have Landlord's Construction Manager, Xxxxx Interests, manage the Premises under the Existing Sublease and Landlord permits Tenant to immediately commence construction of the Tenant Improvements from for this phase and after the Effective Date of this Lease [subject agrees that such Construction Manager shall receive a fee for such services in an amount equal to Tenant’s compliance with the terms and conditions three percent (3%) of the Existing Sublease (if then applicable), including, without limitation, Tenant’s receipt hard costs of approval from Tenant’s sublessor thereunder]. Tenant shall use its best efforts to complete the Tenant Improvements on or before July 31, 2017. Notwithstanding the foregoing sentence to the contrary, as part of the Tenant Improvements, Tenant shall perform the work necessary to separately demise the Premises from the remaining portion of the sixth (6th) floor of the Building, including the installation of a demising wall (the “Demising Work”) on or before April 1, 2017. Tenant acknowledges that the tenant in the premises adjacent to the Premises will also be performing demising work. Tenant’s performance of the Demising Work shall be coordinated with Landlord and Tenant shall cooperate with Landlord and/or Landlord’s contractors in all ways to ensure the efficient and expeditious scheduling, staging and performance of the Demising Work. The Demising Work shall not adversely affect any construction work being performed by or for Landlord or its tenants and shall be performed in harmony with Landlord’s contractors and subcontractors and with other contractors and subcontractors in the Complex. Tenant shall impose on and enforce all applicable terms of this Tenant Improvements Agreement against Tenant’s contractors. Landlord shall have the right to order Tenant or any of Tenant’s contractors who violate the requirements imposed on Tenant or Tenant’s contractors in performing the Demising Work to cease performance of the Demising Work and to remove its equipment and employees from the Building. No such action by Landlord shall cause any extension of the Commencement Date nor relieve Tenant from any of its obligations under the Lease. Further, notwithstanding anything herein to the contrary, any delay in the completion of the Demising Work, or any interference to Tenant’s business operations or inconvenience suffered by Tenant during the performance of any adjacent tenant’s demising work shall not subject Landlord to any liability for any loss or damages resulting there from nor entitle Tenant to any credit, abatement or adjustment of Rent or other sum payable under the Lease, as amended hereby. During Tenant’s design, construction and installation of the Tenant Improvements, Tenant shall pay for all Building services and utilities, if and to the extent required, (i) in accordance with the Existing Sublease from the Effective Date through March 31, 2017, and (ii) in accordance with this Lease from and after April 1, 2017construction.
Appears in 2 contracts
Samples: Office Lease Agreement, Office Lease Agreement (FSP Galleria North Corp)
Tenant Improvements. Tenant will cause shall have the right, but not the obligation, to be constructed, perform the following improvements at Tenant’s sole cost expense in the Expansion Space:
a) Demolish the existing office space;
b) Construct approximately 40,000 square feet of additional freezer/cooler space and expense other associated tenant related improvements; and
c) Replace the warehouse lighting. In connection with any improvements to the Premises that Tenant desires to make, Tenant shall be responsible for the design and development of final layout plans and specifications for the Premises (subject “Tenant Improvement Plans”). All real property improvements to be constructed as shown on the Tenant Improvement Plans shall be defined as “Tenant Improvements.” If Landlord reasonably determines that Tenant is required to obtain a building permit for construction of the Tenant Improvements, then the Tenant Improvement Plans shall be in a form acceptable to, and containing all information required by, the City of Auburn. Tenant shall obtain all necessary building permits and other governmental approvals prior to commencing any of the Tenant Improvements described in this Paragraph 7. Tenant shall submit to Landlord two (2) copies of the Tenant Improvement Plans. Landlord shall either approve or disapprove of the Tenant Improvement Plans within ten (10) days and, if approved, return a signed, approved copy to Tenant. Landlord’s approval shall not be unreasonably withheld or delayed. In the event that the Tenant Improvement Plans are not approved by Landlord, Landlord shall inform Tenant of the reasons for such disapproval and Tenant shall have five (5) business days in which to submit revised Tenant Improvement Plans to Landlord for Landlord’s approval, which approval shall not be unreasonably withheld or delayed. Tenant shall not unreasonably refuse to satisfy any objections made by Landlord to said Tenant Improvement Plans. Any objections Tenant has to Landlord’s payment objection shall be submitted to Landlord in writing within said five (5) day period. A failure of one party to give any notice to the other party within such five (5) day period shall be deemed to constitute approval of the Tenant Improvement AllowancePlans or the objections thereto, as appropriate. Xxxx Xxxxxxxx’s approval of the Tenant Improvement Plans, Tenant may enter into a contract for construction of the Tenant Improvements. Within five (5) business days of doing so (but in any case prior to the contractor commencing any work), Tenant shall provide Landlord with a copy of the executed contract for construction of the Tenant Improvements. The contractor and subcontractors retained shall be commercial contractors and subcontractors licensed and bonded by the State of Washington. Tenant shall be solely responsible for the construction of Tenant Improvements. The construction of all Tenant Improvements will be designed and constructed as described in this Exhibit “D”. Tenant will select the Contractor to be made on the general contractor to perform Premises shall be performed in a first-class manner consistent with other construction in the WorkBuilding and in conformity with all applicable governmental laws, ordinances, rules, orders, regulations, and other requirements. Landlord or Landlord’s agents shall have the right to approve (such approval not to be unreasonably withheld, conditioned or delayed) inspect the Contractor and all subcontractors that will be performing any portion of the Work. All contractors that will be performing any portion of the Work shall be union contractors. Tenant will pay all direct and indirect costs of the design and construction of the Tenant Improvements (subject to the Landlord’s payment of the Improvement Allowance as provided for herein). Such costs may include, without limitation, all costs of preparing the Space Plan, construction document preparation, design, Plans and Specifications, general conditions, labor, materials, and other construction costs, the fees (on an hourly basis) of Contractor’s project manager and site superintendent for the Tenant Improvements, and all costs incurred in connection with obtaining permits for the Tenant Improvements. For all purposes of ownership, including risk of loss thereto, the Tenant Improvements will immediately upon installation be and remain a part of the Building and the property of Landlord, provided that as provided in Section 15 of this Lease, Landlord may require Tenant to remove same upon the expiration or earlier termination of the Lease Term. Tenant currently occupies the Premises under the Existing Sublease and Landlord permits Tenant to immediately commence construction of the Tenant Improvements from and after the Effective Date of this Lease [subject to Tenant’s compliance with the terms and conditions of the Existing Sublease (if then applicable), including, without limitation, Tenant’s receipt of approval from Tenant’s sublessor thereunder]. Tenant shall use its best efforts to complete the Tenant Improvements on or before July 31, 2017. Notwithstanding the foregoing sentence to the contrary, as part of the Tenant Improvements, Tenant shall perform the work necessary to separately demise the Premises from the remaining portion of the sixth (6th) floor of the Building, including the installation of a demising wall (the “Demising Work”) on or before April 1, 2017. Tenant acknowledges that the tenant in the premises adjacent to the Premises will also be performing demising work. Tenant’s performance of the Demising Work shall be coordinated with Landlord and Tenant shall cooperate with Landlord and/or Landlord’s contractors in all ways to ensure the efficient and expeditious scheduling, staging and performance of the Demising Work. The Demising Work shall not adversely affect any construction work being performed by or for Landlord or its tenants and shall be performed in harmony with Landlord’s contractors and subcontractors and with other contractors and subcontractors in the Complex. Tenant shall impose on and enforce all applicable terms of this Tenant Improvements Agreement against Tenant’s contractors. Landlord shall have the right to order Tenant or any of Tenant’s contractors who violate the requirements imposed on Tenant or Tenant’s contractors in performing the Demising Work to cease performance of the Demising Work and to remove its equipment and employees from the Building. No such action by Landlord shall cause any extension of the Commencement Date nor relieve Tenant from any of its obligations under the Lease. Further, notwithstanding anything herein to the contrary, any delay in the completion of the Demising Work, or any interference to Tenant’s business operations or inconvenience suffered conducted by Tenant during the performance progress thereof. If Landlord or Landlord’s agents shall give notice of faulty construction or any other material deviation from the approved Tenant Improvement Plans, Tenant agrees to cause its contractors or subcontractors to make corrections promptly. However, neither the privilege herein granted to Landlord or its agents to make inspections, nor the making of such inspections by Landlord or Landlord’s agents, shall operate as a waiver of any adjacent tenant’s demising work shall not subject right of Landlord to any liability for any loss or damages resulting there from nor entitle Tenant to any credit, abatement or adjustment of Rent or other sum payable under the Lease, as amended hereby. During Tenant’s design, require workmanlike construction and installation of the Tenant Improvements, Tenant shall pay for all Building services and utilities, if and to the extent required, (i) improvements erected in substantial accordance with the Existing Sublease from the Effective Date through March 31, 2017, and (ii) in accordance with this Lease from and after April 1, 2017Tenant Improvement Plans.
Appears in 2 contracts
Samples: Lease Agreement (United Natural Foods Inc), Lease Agreement (United Natural Foods Inc)
Tenant Improvements. Notwithstanding the fact that the Commencement Date of this Lease does not occur until the date set forth in Paragraph 2.b. above, following Delivery, Tenant will cause shall commence construction of the improvements Tenant desires to be constructed, at make in the Premises prior to Tenant’s sole cost initial occupancy (the “Tenant Improvements”). For avoidance of doubt, (i) the Tenant Improvements shall consist of interior improvements necessary to facilitate the use by Tenant of the Premises for the use(s) permitted hereunder, and expense shall not include the installation of Building Systems or the modification of same; and (ii) Tenant is not acting as the agent of Landlord in its construction efforts and not performing any work of improvements within the Premises on behalf of Landlord. During the portion of the Construction Period following Delivery and prior to the Commencement Date, all of the provisions of the Lease shall apply to the activities of Tenant and its contractors, suppliers, employees and agents in the Premises and the Building, except that (i) no rent shall be due or accrue under this Lease prior to the date Tenant’s free rent under Paragraph 2.c. above has expired, and (ii) during the Construction Period, Tenant’s liability under this Lease for acts or failures to act will be limited as described in Paragraph 25.b.6. below. Except as otherwise expressly provided in this Paragraph 4 or Paragraph 9 below, all of the provisions of Paragraph 9 below (entitled “Alterations and Restoration”) shall apply to the construction of the Tenant Improvements. Notwithstanding anything to the contrary herein, the Alteration Operations Fee provided for in Paragraph 9.a. below shall be inapplicable to the construction of the initial Tenant Improvements and the Construction Management Fee provided for in Paragraph 4.e.iii. below shall instead apply. The architect selected by Tenant to prepare the plans and specifications and the general contractor selected by Tenant for the construction of the initial Tenant Improvements (“Tenant’s Contractor”) shall be subject to Landlord’s payment of the Improvement Allowance)prior written approval, the Tenant Improvements. The Tenant Improvements will be designed and constructed as described in this Exhibit “D”. Tenant will select the Contractor to be the general contractor to perform the Work. Landlord which shall have the right to approve (such approval not to be unreasonably withheld, conditioned or delayed) the Contractor and all subcontractors that will be performing any portion of the Work. All contractors that will be performing any portion of the Work shall be union contractors. Tenant will pay all direct and indirect costs of the In order to facilitate Tenant’s design and construction of the Tenant Improvements Improvements, on or before May 15, 2011, Landlord shall submit to Tenant Building plans and specifications described as “permit and pricing documents” prepared by RMW Architects and its consultants, dated on or about April 28, 2011, in the form of an AutoCad compatible drawing file (subject “Base Building Plans”) as well as a complete and current copy of all rules, regulations, instructions and procedures promulgated by Landlord with respect to design and/or construction of improvements within the Building, including contractor and insurance requirements (“Building Requirements”) sufficient to allow Tenant to complete Tenant’s plans for the Tenant Improvements. Subject to Landlord’s payment reasonable approval of the Improvement Allowance as plans and specifications for the Tenant Improvements in accordance with the provisions of Paragraph 9.a. below (and provided for herein). Such costs that the work complies with all applicable Legal Requirements) the Tenant Improvements may include, without limitation, all costs the following:
i. The construction of preparing a full-service kitchen and cafeteria, which improvements may include (x) connecting the Space Plankitchen equipment to existing mechanical, construction document preparationelectrical, designplumbing and fire suppressions systems in the Building, Plans (y) making necessary modifications to the Base Building structure and/or envelope for passage and Specificationsrouting of required infrastructure and (z) the installation of equipment and pertinent infrastructure required for a functioning kitchen, general conditionsincluding but not limited to food service equipment, laborexhaust systems, materialswaste systems (including grease interceptors), food storage units, and other similar installations, and
ii. The construction costsof internal stairways between floors of the Premises (although, in any event, Tenant shall retain the fees (on an hourly basis) right to utilize the designated fire stairs for travel between floors of Contractorits Premises, subject to Legal Requirements and reasonable Building rules). In no event shall Tenant or Tenant’s project manager and site superintendent for Contractor be given access to the Premises until Tenant Improvements, and all costs incurred has delivered to Landlord the insurance certificates required by Landlord in connection with obtaining permits for the Tenant Improvements. For all purposes of ownership, including risk of loss thereto, the Tenant Improvements will immediately upon installation be and remain a part of the Building and the property of Landlord, provided that as provided in Section 15 of this Lease, Landlord may require Tenant to remove same upon the expiration or earlier termination of the Lease Term. Tenant currently occupies the Premises under the Existing Sublease and Landlord permits Tenant to immediately commence construction of the Tenant Improvements from work and after the Effective Date of this Lease [subject to Tenant’s compliance insurance required under Paragraph 15 below. During the period that the Tenant Improvements are being performed concurrently with the terms and conditions of the Existing Sublease (if then applicable), including, without limitationOverlap Work, Tenant’s receipt of approval from TenantContractor and Landlord’s sublessor thereunder]. Tenant shall use its best efforts to complete the Tenant Improvements on or before July 31, 2017. Notwithstanding the foregoing sentence to the contrary, as part of the Tenant Improvements, Tenant shall perform the work necessary to separately demise the Premises from the remaining portion of the sixth (6th) floor of the Building, including the installation of a demising wall (the “Demising Work”) on or before April 1, 2017. Tenant acknowledges that the tenant in the premises adjacent to the Premises will also be performing demising work. Tenant’s performance of the Demising Work shall be coordinated with Landlord and Tenant Contractor shall cooperate with Landlord and/or Landlord’s contractors in all ways each other to ensure the efficient and expeditious scheduling, staging and performance of the Demising Work. The Demising Work shall not adversely affect any construction that their respective work being performed by or for Landlord or its tenants and shall can be performed in harmony with Landlord’s contractors as efficient and subcontractors and with other contractors and subcontractors in the Complexcost effective a manner as possible. Tenant shall impose on and enforce all applicable terms of this The Tenant Improvements Agreement against shall be deemed “Substantially Completed” by Tenant’s contractors. Contractor when they have been completed in accordance with the final plans (as reasonably approved by Landlord and Tenant), subject only to correction or completion of “punch list” items, which items shall have be limited to minor items of incomplete or defective work or materials or mechanical maladjustments that are of such a nature that the right to order Tenant lack of completion does not materially interfere with or any of impair Tenant’s contractors who violate use of the requirements imposed on Tenant or Premises for Tenant’s contractors in performing business and the Demising Work to cease subsequent performance of the Demising Work and to remove its equipment and employees from the Building. No such action by Landlord shall cause any extension of the Commencement Date nor relieve Tenant from any of its obligations under the Lease. Further, notwithstanding anything herein to the contrary, any delay in the completion of the Demising Work, work will not materially interfere with or any interference to impair the use of the Premises for Tenant’s business operations or inconvenience suffered by Tenant during the performance of any adjacent tenant’s demising work shall not subject Landlord to any liability for any loss or damages resulting there from nor entitle Tenant to any credit, abatement or adjustment of Rent or other sum payable under the Lease, as amended hereby. During Tenant’s design, construction and installation of the Tenant Improvements, Tenant shall pay for all Building services and utilities, if and to the extent required, (i) in accordance with the Existing Sublease from the Effective Date through March 31, 2017, and (ii) in accordance with this Lease from and after April 1, 2017business.
Appears in 2 contracts
Samples: Office Lease (Twitter, Inc.), Office Lease (Twitter, Inc.)
Tenant Improvements. Each Additional Space shall initially be delivered by Landlord and accepted by Tenant will cause in its “as-is” condition. Following the Delivery Date for each Additional Space, Landlord shall provide Tenant with a tenant improvement allowance (the “TI Allowance”) of $15.00 per usable square foot for tenant improvements (the “Tenant Improvements”) to be constructed, at Tenant’s sole cost and expense made by Landlord to (subject to Landlord’s payment of the Improvement Allowance), the Tenant Improvementsbut only to) such Additional Space. The Tenant Improvements will TI Allowance for one Additional Space shall not be designed used for another Additional Space, and constructed as described in this Exhibit “D”. Tenant will select the Contractor to be the general contractor to perform the Work. Landlord shall have the right to approve (such approval not to be unreasonably withheld, conditioned or delayed) the Contractor and all subcontractors that will be performing any portion of the Work. All contractors that will be performing any portion of the Work shall be union contractors. Tenant will pay all direct and indirect costs of the design and construction installation of the Tenant Improvements (subject shall not delay the Delivery Date or the commencement of Basic Monthly Rent for such Additional Space, which Basic Monthly Rent shall, in all events, commence on the Delivery Date. The Parties shall exert good faith, commercially reasonable efforts to the Landlord’s payment of the Improvement Allowance agree as provided for herein). Such costs may include, without limitation, all costs of preparing the Space Plan, construction document preparation, design, Plans and Specifications, general conditions, labor, materials, and other construction costs, the fees (soon as reasonably practicable on an hourly basis) of Contractor’s project manager and site superintendent for the Tenant Improvements, and all costs incurred in connection with obtaining permits for the Tenant Improvements. For all purposes of ownership, including risk of loss thereto, the Tenant Improvements will immediately upon installation be for each Additional Space and remain a part of the Building and the property of Landlord, provided that as provided in Section 15 of this Lease, Landlord may require Tenant to remove same upon the expiration or earlier termination of the Lease Termbudget therefor. Tenant currently occupies the Premises under the Existing Sublease and Landlord permits Tenant to immediately commence construction of the Such agreed on Tenant Improvements from and shall then be made by Landlord in accordance with such budget as soon as reasonably practicable after the Effective Date of this Lease [subject to Tenant’s compliance with the terms and conditions of the Existing Sublease (if then applicable), including, without limitation, Tenant’s receipt of approval from Tenant’s sublessor thereunder]such agreement. Tenant shall use its best efforts The construction reasonably required to complete the Tenant Improvements on shall not lessen or before July 31, 2017. Notwithstanding the foregoing sentence to the contrary, as part of the Tenant Improvements, Tenant shall perform the work necessary to separately demise the Premises from the remaining portion of the sixth (6th) floor of the Building, including the installation of a demising wall (the “Demising Work”) on or before April 1, 2017. Tenant acknowledges that the tenant in the premises adjacent to the Premises will also be performing demising work. otherwise affect Tenant’s performance of the Demising Work shall be coordinated with Landlord and Tenant shall cooperate with Landlord and/or Landlord’s contractors in all ways to ensure the efficient and expeditious scheduling, staging and performance of the Demising Work. The Demising Work shall not adversely affect any construction work being performed by or for Landlord or its tenants and shall be performed in harmony with Landlord’s contractors and subcontractors and with other contractors and subcontractors in the Complex. Tenant shall impose on and enforce all applicable terms of this Tenant Improvements Agreement against Tenant’s contractors. Landlord shall have the right to order Tenant or any of Tenant’s contractors who violate the requirements imposed on Tenant or Tenant’s contractors in performing the Demising Work to cease performance of the Demising Work and to remove its equipment and employees from the Building. No such action by Landlord shall cause any extension of the Commencement Date nor relieve Tenant from any of its rent obligations under the Lease. Further, notwithstanding anything herein to the contrary, any delay in the completion of the Demising Work, or any interference to Tenant’s business operations or inconvenience suffered by Tenant during the performance of any adjacent tenant’s demising work shall not subject Landlord to any liability for any loss or damages resulting there from nor entitle Tenant to any credit, abatement or adjustment of Rent or other sum payable under the Lease, as amended herebyby this Amendment, and such construction is intended to occur within the first four (4) months after the Delivery Date of the Additional Space concerned. During Tenant’s design, construction Tenant shall pay to Landlord all costs and installation of expenses incurred by Landlord in connection with the Tenant Improvements, Tenant shall pay together with a project management fee of five percent (5%) of such costs and expenses, less the TI Allowance for all Building services and utilitiesthe Additional Space concerned, if and within ten (10) days after the date of an invoice therefor, which invoice may be delivered prior to the extent requiredcommencement of construction of the Tenant Improvements concerned; provided, however, that space planning will be provided by Landlord at no cost to Tenant. If all or any portion of the TI Allowance for any particular Additional Space is not used on or before the date that is one (i1) in accordance with year after the Existing Sublease from the Effective Delivery Date through March 31for such Additional Space, 2017, such TI Allowance or such portion that is not used shall be lost and (ii) in accordance with this Lease from and after April 1, 2017shall no longer be available to Tenant.
Appears in 2 contracts
Samples: Office Lease (Cricut, Inc.), Office Lease (Cricut, Inc.)
Tenant Improvements. 5.1. Tenant will shall cause appropriate improvements consistent with the Permitted Use (the "Tenant Improvements") to be constructedconstructed in the Premises pursuant to the Work Letter attached hereto as Exhibit E (the "Work Letter") at a cost to Landlord not to exceed Six Million Dollars ($6,000,000.00) (the "TI Allowance"). The TI Allowance may be applied to the costs of (a) construction, at Tenant’s sole cost and expense (subject to Landlord’s payment b) project review by Landlord (which fee shall equal [***] percent ([***]%) of the Improvement cost of the Tenant Improvements, including the TI Allowance), the Tenant Improvements. The Tenant Improvements will be designed (c) commissioning of mechanical, electrical and constructed as described in this Exhibit “D”. Tenant will select the Contractor to be the general contractor to perform the Work. Landlord shall have the right to approve (such approval not to be unreasonably withheldplumbing systems by a licensed, conditioned or delayed) the Contractor and all subcontractors that will be performing any portion of the Work. All contractors that will be performing any portion of the Work shall be union contractors. Tenant will pay all direct and indirect costs of the design and construction of the Tenant Improvements (subject to the Landlord’s payment of the Improvement Allowance as provided for herein). Such costs may include, without limitation, all costs of preparing the Space Plan, construction document preparation, design, Plans and Specifications, general conditions, labor, materialsqualified commissioning agent hired by Tenant, and review of such party's commissioning report by a licensed, qualified commissioning agent hired by Landlord, (d) space planning, architect, engineering and other construction costsrelated services performed by third parties unaffiliated with Tenant, the fees (on an hourly basise) building permits and other taxes, fees, charges and levies by governmental authorities for permits or for inspections of Contractor’s project manager and site superintendent for the Tenant Improvements, and all (f) costs incurred and expenses for labor, material, equipment and fixtures. In no event shall the TI Allowance be used for (m) the cost of work that is not authorized by the Approved Plans (as defined in connection with obtaining permits for the Tenant Improvements. For all purposes of ownership, including risk of loss thereto, the Tenant Improvements will immediately upon installation be and remain a part of the Building and the property of Work Letter) or otherwise approved in writing by Landlord, provided that as provided in Section 15 of this Lease, Landlord may require Tenant (n) payments to remove same upon the expiration or earlier termination of the Lease Term. Tenant currently occupies the Premises under the Existing Sublease and Landlord permits Tenant to immediately commence construction of the Tenant Improvements from and after the Effective Date of this Lease [subject to Tenant’s compliance with the terms and conditions of the Existing Sublease (if then applicable), including, without limitation, Tenant’s receipt of approval from Tenant’s sublessor thereunder]. Tenant shall use its best efforts to complete the Tenant Improvements on or before July 31, 2017. Notwithstanding the foregoing sentence to the contrary, as part of the Tenant Improvements, Tenant shall perform the work necessary to separately demise the Premises from the remaining portion of the sixth (6th) floor of the Building, including the installation of a demising wall (the “Demising Work”) on or before April 1, 2017. Tenant acknowledges that the tenant in the premises adjacent to the Premises will also be performing demising work. Tenant’s performance of the Demising Work shall be coordinated with Landlord and Tenant shall cooperate with Landlord and/or Landlord’s contractors in all ways to ensure the efficient and expeditious scheduling, staging and performance of the Demising Work. The Demising Work shall not adversely affect any construction work being performed by or for Landlord or its tenants and shall be performed in harmony with Landlord’s contractors and subcontractors and with other contractors and subcontractors in the Complex. Tenant shall impose on and enforce all applicable terms of this Tenant Improvements Agreement against Tenant’s contractors. Landlord shall have the right to order Tenant or any affiliates of Tenant’s contractors who violate , (o) the requirements imposed on Tenant purchase of any furniture, personal property or Tenant’s contractors in performing the Demising Work to cease performance of the Demising Work and to remove its equipment and employees from the Building. No such action by Landlord shall cause any extension of the Commencement Date nor relieve Tenant other non-building system equipment, (p) costs resulting from any default by Tenant of its obligations under this Lease or (q) costs that are recoverable by Tenant from a third party (e.g., insurers, warrantors, or tortfeasors).
5.2. Tenant shall have until December 20, 2031 to request disbursement for the Leasefinal installment of the TI Allowance, and may request no more than five (5) disbursements of the TI Allowance, with each disbursement (other than the final disbursement) being no less than [***] Dollars ($[***]). FurtherLandlord's obligation to disburse any of the TI Allowance shall be conditional upon Tenant's satisfaction of the conditions precedent to funding of the TI Allowance set forth in Section 6.3 of the Work Letter. In addition, notwithstanding anything herein Landlord’s obligation to disburse any of the contraryTI Allowance in excess of [***] Dollars ($[***]) shall be conditioned upon the satisfaction of the following: (a) Tenant's delivery to Landlord of a certificate of occupancy for the Premises suitable for the Permitted Use, any delay as applicable; (b) Tenant's delivery to Landlord of a Certificate of Substantial Completion in the completion form of the Demising WorkAmerican Institute of Architects document G704, executed by the project architect and the general contractor or any interference such other form or certification as may be reasonably acceptable to Landlord; (c) Tenant’s business operations or inconvenience suffered 's satisfaction of the conditions precedent to funding of the TI Allowance set forth in Section 6.3 of the Work Letter; and (d) there shall be no uncured event of default by Tenant during the performance of any adjacent tenant’s demising work shall not subject Landlord to any liability for any loss or damages resulting there from nor entitle Tenant to any credit, abatement or adjustment of Rent or other sum payable under the this Lease, as amended hereby. During Tenant’s design, construction and installation of the Tenant Improvements, Tenant shall pay for all Building services and utilities, if and to the extent required, (i) in accordance with the Existing Sublease from the Effective Date through March 31, 2017, and (ii) in accordance with this Lease from and after April 1, 2017.
Appears in 2 contracts
Samples: Lease Agreement (Ascend Wellness Holdings, LLC), Lease Agreement (Ascend Wellness Holdings, LLC)
Tenant Improvements. a. Tenant will cause acknowledges that Landlord has met its obligations to construct tenant improvements or provide an allowance for Tenant to construct tenant improvements with respect to the Original Premises pursuant to Exhibit B of the Lease.
b. Tenant hereby agrees to accept the Additional Premises in its “as-is” condition existing on the date hereof and Landlord shall have no obligation to construct any tenant improvements to the Additional Premises on behalf of Tenant.
c. Tenant shall construct tenant improvements (“Improvements”) for the Additional Premises in accordance with the plans (the “Plans”), which shall be constructedprepared by Tenant and approved in final form by Landlord, at which approval shall not be unreasonably withheld. The Plans shall include items and information as Landlord shall reasonably require to evaluate Tenant’s sole cost work. All Improvements shall be constructed in a good and expense workmanlike manner using new materials and in accordance with all applicable laws, codes and regulations, including the Americans with Disability Act (subject “ADA”) and in accordance with Paragraph 6 of the Lease (except that the first sentence of Paragraph 6(b) of the Lease shall not apply with respect to the Improvements). It is expressly agreed that (a) Tenant shall not commence any such work until said Plans have been approved by Landlord, and (b) the Plans which have been so approved by Landlord have been used by Tenant, if applicable, to obtain all permits that are necessary to construct the Improvements. Tenant acknowledges that Landlord’s review and approval of the Plans is not conducted for the purpose of determining the accuracy and completeness of the Plans, their compliance with applicable codes and governmental regulations including ADA, or their sufficiency for purposes of obtaining a building permit, all of which shall remain the responsibility of Tenant and Tenant’s architect. Accordingly, Landlord shall not be responsible for any delays in obtaining the building permit due to the insufficiency of the Plans or any delays due to changes in the Plans required by the applicable governmental regulatory agencies reviewing the Plans. If, as a result of any proposed Improvements made by Tenant to the Additional Premises, Landlord is obligated to comply with the ADA or any other law or regulation and such compliance requires Landlord to make any improvement or alteration to any portion of the Building, as a condition to Landlord’s payment of the Improvement Allowance)approval, the Tenant Improvements. The Tenant Improvements will be designed and constructed as described in this Exhibit “D”. Tenant will select the Contractor to be the general contractor to perform the Work. Landlord shall have the right to approve (such approval not to be unreasonably withheld, conditioned or delayed) the Contractor and all subcontractors that will be performing any portion of the Work. All contractors that will be performing any portion of the Work shall be union contractors. Tenant will pay all direct and indirect costs of the design and construction of the Tenant Improvements (subject to the Landlord’s payment of the Improvement Allowance as provided for herein). Such costs may include, without limitation, all costs of preparing the Space Plan, construction document preparation, design, Plans and Specifications, general conditions, labor, materials, and other construction costs, the fees (on an hourly basis) of Contractor’s project manager and site superintendent for the Tenant Improvements, and all costs incurred in connection with obtaining permits for the Tenant Improvements. For all purposes of ownership, including risk of loss thereto, the Tenant Improvements will immediately upon installation be and remain a part of the Building and the property of Landlord, provided that as provided in Section 15 of this Lease, Landlord may require Tenant to remove same upon pay to Landlord prior to the expiration construction of any such Improvement by Tenant, the entire cost of any improvement or earlier termination alteration Landlord is obligated to complete by such law or regulation.
d. Tenant shall provide Landlord with a breakdown of the Lease Term. Tenant currently occupies the Premises under the Existing Sublease and Landlord permits Tenant to immediately commence construction estimated total cost of the Tenant Improvements from and after the Effective Date of this Lease [subject to Tenant’s compliance with the terms and conditions of the Existing Sublease (if then applicable“Cost Breakdown”), including, without limitation: construction cost of the Improvements; architectural and engineering fees relating to the preparation and review of the space plan and the Plans (inclusive of the initial space plan and all design work above and below the ceiling); governmental agency plan check, permit and other fees; sales and use taxes; testing and inspection costs; and construction fees (including general contractor’s overhead and supervision fees and the construction supervisory fee referred to in subparagraph (i) hereof). In connection thereto, Landlord hereby grants to Tenant an “Improvement Allowance” of up to Twenty and 75/100 Dollars ($20.75) per rentable square foot of space in the Additional Premises (i.e., 20,283 rentable square feet multiplied by $20.75 = $420,872.25). The Improvement Allowance shall be disbursed to Tenant not more frequently than once per month based on disbursement requests submitted by Tenant to Landlord and certified by Tenant’s receipt architect. Such disbursement request shall set forth the total amount incurred, expended and/or due for each requested item less prior disbursements and a description of the work performed, and materials supplied and/or costs incurred or due with respect to each item for which disbursement is requested. Each such disbursement request shall be accompanied by invoices, vouchers, statements, affidavits, payroll records and/or other documents reasonably requested by Landlord, which substantiate costs incurred to justify such a disbursement, together with lien waivers for those contractors and materialmen providing construction services or materials. In addition, each disbursement shall be subject to inspection and approval from Tenantof completed work by Landlord’s sublessor thereunder]construction engineer. In the event the Cost Breakdown exceeds the Improvement Allowance, Tenant shall use pay from another source of funds the amount by which the Cost Breakdown exceeds the Improvement Allowance prior to any disbursement of the Improvement Allowance by Landlord. In the event the actual cost of the Improvements is less than the Improvement Allowance, the unused portion of the Improvement Allowance shall not be paid or refunded to Tenant or be available to Tenant as a credit against any obligations of Tenant under the Lease, except that up to thirty-three percent (33%) of the Improvement Allowance (i.e., $420,872.25 multiplied by .33 = $138,887.84) may be used to reimburse Tenant for its best efforts to complete documented, third-party out-of-pocket expenses incurred in connection with its installation of its data and voice cabling and wiring at the Tenant Improvements Additional Premises. The Improvement Allowance must be expended on or before July 31, 2017. Notwithstanding the foregoing sentence to the contrary, as part expiration of the twelve (12) calendar month period following the Effective Date. If the Improvement Allowance is not expended on or before such date, the Improvement Allowance shall no longer be available to Tenant Improvementsand Landlord shall have no further obligation to provide such Improvement Allowance to Tenant.
e. Tenant shall obtain Landlord’s approval of Tenant’s contractor, which approval shall not be unreasonably withheld provided (i) such contractor’s primary business is the construction of tenant/interior finish work in commercial office buildings; (ii) such contractor is licensed to do business in Somerset County, New Jersey, and (iii) such contractor is not a contractor with whom Landlord or its agent has had unsatisfactory dealings in the past. Landlord hereby agrees that if Tenant elects to use Xxxx Construction Company, LLC or DDB Interior Contracting as Tenant’s contractor, such contractors are pre-approved and shall not require any additional approvals by Landlord. Additionally, Tenant shall perform the work necessary to separately demise the Premises from the remaining portion submit a copy of the sixth proposed construction contract to Landlord for Landlord’s approval. Landlord’s approval, which shall not be unreasonably withheld, shall be given or denied (6thas applicable) floor within ten (10) business days of receipt of the Building, including the installation of a demising wall (the “Demising Work”) on or before April 1, 2017. Tenant acknowledges that the tenant in the premises adjacent to the Premises will also be performing demising worknecessary information from Tenant. Tenant’s performance of the Demising Work shall be coordinated with Landlord and Tenant shall cooperate with Landlord and/or Landlord’s contractors in all ways to ensure the efficient and expeditious scheduling, staging and performance of the Demising Work. The Demising Work shall not adversely affect any construction work being performed by or for Landlord or its tenants and shall be performed in harmony with Landlord’s contractors and subcontractors shall be required to provide the following types of insurance, in the minimum amounts indicated, naming Landlord (and Landlord’s mortgagee, if required by Landlord) as additional insured:
(i) Workmen’s Compensation with full statutory limits for employer’s liability.
(ii) Commercial General Liability Insurance including direct and contingent liability in the aggregate amount of One Million and No/100 Dollars ($1,000,000.00) combined single limit coverage per occurrence for personal injury, death or property damage.
(iii) The Liability Policy shall include coverage for Broad Form Hold Harmless Agreement as is contained in the standard contract.
(iv) Automobile Liability Insurance with bodily injury limits of $250,000 per person, $500,000 per accident, and $50,000 per accident for Property Damage. Certificates of insurance for all of the foregoing insurance coverages shall be delivered to Landlord before construction of the improvements is started and before Tenant’s contractor’s equipment is placed upon the Additional Premises. In all other contractors respects, the insurance coverage above mentioned shall comply with the Lease provisions.
f. It is agreed that Tenant assumes the entire responsibility and liability due to its negligence, including statutory or common law, for any and all injuries or death of any or all persons, including its contractor, subcontractors and employees, and for any and all damages to property caused by or resulting from or arising out of any act or omission on the part of Tenant, its contractor, subcontractors or employees, in the prosecution of the work thereunder. With respect to such work Tenant agrees to indemnify and save harmless Landlord, its mortgagee, architect, engineers and their employees and all other tenants of the Property from and against all losses and expense, including legal fees, which they may suffer or pay as the result of claims or lawsuits due to, because of or arising out of any and all such injuries, death or damage, whether real or alleged, and Tenant, its contractor and subcontractors in shall assume and defend at their own expense all such claims or lawsuits, unless caused by the Complexgross negligence or willful misconduct of Landlord. Tenant shall impose on agrees to insure this assumed liability in its Comprehensive General Liability Policy and enforce all applicable terms the original or copy of this Tenant Improvements Agreement against Tenant’s contractors. the policy delivered to Landlord shall have indicate this contractual coverage.
g. For and during the right period of construction, Tenant shall provide and pay for all utilities consumed upon the Additional Premises during said period and for the removal of all temporary connections.
h. Tenant shall endeavor to order cause the contractor to substantially complete construction of the Improvements in a diligent manner. It shall be the sole responsibility of Tenant to file all drawings and specifications, pay all fees and obtain all permits and applications from any governmental authorities having jurisdiction, and to obtain any certificates or any approvals, including a certificate of occupancy, required to enable Tenant to occupy the Additional Premises. Upon completion of the Improvements, Tenant’s contractors who violate the requirements imposed on Tenant or Tenant’s contractors and/or subcontractors shall provide Landlord, without cost to Landlord, with one
(1) set of transparent “as built” drawings. No delay in performing the Demising Work to cease performance completion of construction of the Demising Work and to remove its equipment and employees from the Building. No such action by Landlord Improvements shall cause any extension of the Commencement Date nor relieve Tenant from any of its obligations under the Lease. Further, notwithstanding anything herein to the contrary, any delay in the completion of the Demising Work, or any interference to Tenant’s business operations or inconvenience suffered by Tenant during the performance of any adjacent tenant’s demising work shall not subject Landlord to any liability for any loss or damages resulting there from nor entitle Tenant to any credit, abatement or adjustment of Rent or other sum payable under the Lease, as amended hereby. During Tenant’s design, construction and installation of the Tenant Improvements, Tenant shall pay for all Building services and utilities, if and to the extent required, (i) in accordance with the Existing Sublease from the Effective Date through March 31, 2017, and (ii) in accordance with this Lease from and after April 1, 2017beyond the date specified herein.
Appears in 2 contracts
Samples: Agreement of Lease (Reliant Pharmaceuticals, Inc.), Agreement of Lease (Reliant Pharmaceuticals, Inc.)
Tenant Improvements. Unless specified otherwise herein, Tenant will cause to be constructed, at Tenant’s sole shall bear and pay the cost and expense (subject to Landlord’s payment of the Improvement Allowance), the Tenant Improvements. The Tenant Improvements will be designed and constructed as described in this Exhibit “D”. Tenant will select the Contractor to be the general contractor to perform the Work. Landlord shall have the right to approve (such approval not to be unreasonably withheld, conditioned or delayed) the Contractor and all subcontractors that will be performing any portion of the Work. All contractors that will be performing any portion of the Work shall be union contractors. Tenant will pay all direct and indirect costs of the design and construction of the Tenant Improvements (subject to the Landlord’s payment of the Improvement Allowance as provided for herein). Such costs may which cost shall include, without limitation, all the costs of preparing construction as provided for in the Space PlanTenant Improvement Contractor’s contract, construction document preparationthe cost of permits, and all architectural, design, Plans and Specifications, general conditions, labor, materialsspace planning, and other construction engineering services obtained by Tenant in connection with Tenant Improvements, laboratory and office improvements, break room with appropriate sinks/cabinetry„ wiring and cabling costs, and cubicle costs), provided that so long as Tenant is not in default under the fees Lease, Landlord shall contribute a maximum of $9 per rentable square foot, for an aggregate maximum of $295,380.00 (the “Tenant Improvement Allowance”) for such costs ( but no more than $49,230 on an hourly basis) account of Contractor’s project manager and site superintendent cubicle costs), which shall be paid by Landlord without any increase in any component of Base Monthly Rent. The Tenant Improvement Allowance shall be utilized only for the Tenant Improvements, and all costs incurred in connection with obtaining permits for the shall be available to Tenant Improvements. For all purposes of ownershiponly until December 31, including risk of loss thereto2007, the Tenant Improvements will immediately upon installation be and remain a part of the Building and the property of Landlord, provided that as provided in Section 15 of this Lease, after which Landlord may require Tenant shall have no further obligation to remove same upon the expiration or earlier termination of the Lease Term. Tenant currently occupies the Premises under the Existing Sublease and Landlord permits Tenant to immediately commence construction provide any portion of the Tenant Improvements Improvement Allowance. Subject to such deadline and based upon applications for payment (including Tenant Improvement Contractor’s Application and Certification for Payment ALA G702 certified by Tenant Improvement Architect) submitted and certified by Tenant, Landlord shall within thirty (30) days of receipt thereof make progress payments from and after the Effective Date of this Lease [subject to Tenant’s compliance with the terms and conditions of the Existing Sublease (if then applicable), including, without limitation, Tenant’s receipt of approval from Tenant’s sublessor thereunder]. Tenant shall use its best efforts to complete the Tenant Improvements on Improvement Allowance to Tenant or before July 31, 2017the applicable contractor or subcontractor (but in no event more than $9 per rentable square foot for the applicable space under construction). Notwithstanding the foregoing sentence to the contrary, as part The cost of the Tenant Improvements, Tenant shall perform the work necessary improvements (including but not limited to separately demise the Premises from the remaining portion all of the sixth (6thforegoing fees and costs) floor of the Building, including the installation of a demising wall (the “Demising Work”) on or before April 1, 2017. Tenant acknowledges that the tenant in the premises adjacent to the Premises will also be performing demising work. Tenant’s performance of the Demising Work shall be coordinated with Landlord and Tenant shall cooperate with Landlord and/or Landlord’s contractors in all ways to ensure the efficient and expeditious scheduling, staging and performance of the Demising Work. The Demising Work shall not adversely affect any construction work being performed by or for Landlord or its tenants and shall be performed in harmony with Landlord’s contractors and subcontractors and with other contractors and subcontractors in the Complex. Tenant shall impose on and enforce all applicable terms of this Tenant Improvements Agreement against Tenant’s contractors. Landlord shall have the right to order Tenant or any of Tenant’s contractors who violate the requirements imposed on Tenant or Tenant’s contractors in performing the Demising Work to cease performance of the Demising Work and to remove its equipment and employees from the Building. No such action by Landlord shall cause any extension of the Commencement Date nor relieve Tenant from any of its obligations under the Lease. Further, notwithstanding anything herein to the contrary, any delay in the completion of the Demising Work, or any interference to Tenant’s business operations or inconvenience suffered by Tenant during the performance of any adjacent tenant’s demising work shall not subject Landlord to any liability for any loss or damages resulting there from nor entitle Tenant to any credit, abatement or adjustment of Rent or other sum payable under the Lease, as amended hereby. During Tenant’s design, construction and installation excess of the Tenant Improvements, Tenant shall pay for all Building services and utilitiesImprovement Allowance, if and to the extent requiredany, (i) in accordance with the Existing Sublease from the Effective Date through March 31, 2017, and (ii) in accordance with this Lease from and after April 1, 2017shall be paid entirely by Tenant.
Appears in 2 contracts
Samples: Lease Agreement (Cardiodx Inc), Lease Agreement (Cardiodx Inc)
Tenant Improvements. Tenant and Landlord have agreed that Tenant Project Architect, RRM, will cause work as both the Tenant Project Architect and the Landlord Project Architect to design and complete both the Landlord Improvements and Tenant Improvements, though all such work shall be constructeddone under separate contracts, at with each party responsible for the payment obligations of its own contract. The Parties also acknowledge that Xxxxxxxx’s General Contractor is JW Design. Tenant may use JW Design for its Tenant Improvements or another general contractor. If Tenant uses Landlord’s General Contractor, Tenant Improvement work shall be done pursuant to the separate Tenant General Contract. If Xxxxxx uses a general contractor for Tenant Improvements other than JW Design, both Tenant’s sole cost General Contract and expense (the Tenant General Contractor shall be subject to Landlord’s payment of the Improvement Allowance)approval, the Tenant Improvements. The Tenant Improvements will be designed and constructed as described in this Exhibit “D”. Tenant will select the Contractor to be the general contractor to perform the Work. Landlord which shall have the right to approve (such approval not to be unreasonably withheld, conditioned or delayed) , provided such Tenant General Contractor is financially qualified, licensed, insured, and possess the Contractor and all subcontractors that will be performing any portion experience necessary to complete a project of the Work. All contractors size, scope and quality contemplated by .this Lease, but with the limitation that will be performing any portion of the Work shall be union contractors. Tenant will pay all direct and indirect costs of the design and construction Landlord’s approval of the Tenant Improvements (subject General Contract shall not be conditioned on changes to the Landlord’s payment of Tenant General Contract that increase the Improvement Allowance as provided for herein). Such costs may include, without limitation, all costs of preparing the Space Plan, construction document preparation, design, Plans and Specifications, general conditions, labor, materials, and other construction costs, the fees (on an hourly basis) of Contractor’s project manager and site superintendent for the Tenant Improvements, and all costs incurred in connection with obtaining permits for the Tenant Improvements. For all purposes of ownership, including risk of loss thereto, the Tenant Improvements will immediately upon installation be and remain a part of the Building and the property of Landlord, provided that as provided in Section 15 of this Lease, Landlord may require Tenant to remove same upon the expiration or earlier termination of the Lease Term. Tenant currently occupies the Premises under the Existing Sublease and Landlord permits Tenant to immediately commence construction of the Tenant Improvements from and after the Effective Date of this Lease [subject such contract to Tenant. Notwithstanding whether Xxxxxx uses a separate Tenant General Contractor, JW Design shall be responsible for coordinating with RRM Design Group and allocating the work done by Xxxxxxxx’s compliance with the terms General Contractor and conditions of the Existing Sublease (if then applicable), including, without limitation, Tenant’s receipt of approval from Tenant’s sublessor thereunder]General Contractor. Tenant shall use its best efforts to complete the Tenant Improvements on or before July 31, 2017. Notwithstanding the foregoing sentence to the contrary, If JW Design acts as part of the Tenant Improvements, Tenant shall perform the work necessary to separately demise the Premises from the remaining portion of the sixth (6th) floor of the Building, including the installation of a demising wall (the “Demising Work”) on or before April 1, 2017. Tenant acknowledges that the tenant in the premises adjacent to the Premises will also be performing demising work. Tenant’s performance of the Demising Work shall be coordinated with both Landlord and Tenant shall cooperate with Landlord and/or LandlordGeneral Contractor, JW Design’s contractors in all ways to ensure the efficient and expeditious schedulingoverhead costs, staging and performance of the Demising Work. The Demising Work shall not adversely affect any construction work being performed by or for Landlord or its tenants and if billed under contract, shall be performed allocated to each contract in harmony with Landlord’s contractors and subcontractors and with other contractors and subcontractors in proportion to the Complextotal cost of each contract. Tenant shall impose on and enforce all applicable terms of this Tenant Improvements Agreement against Tenant’s contractors. Landlord shall have the right to order enter the Premises to work with Xxxxxx’s General Contractor in completing Tenant or any Improvements. At all times while accessing the Property during construction: (A) Tenant shall comply with all terms and conditions of Tenant’s contractors who violate this Lease other than the requirements imposed on obligation to pay Rent (except after Rent Commencement Date); (B) Tenant or Tenant’s contractors in performing the Demising Work to cease performance of the Demising Work and to remove its equipment and employees from the Building. No such action by Landlord shall cause any extension of the Commencement Date nor relieve Tenant from any of its obligations under the Lease. Further, notwithstanding anything herein to the contrary, any delay in the not materially interfere with completion of the Demising WorkLandlord Improvements; and (C) Tenant shall not begin operation of its business. Xxxxxx agrees that it will not hire other contractors to work on the Project except through either through the Tenant General Contractor or JW Design to ensure coordination of work, or any interference maintenance of adequate insurance and to prevent liens being placed against the Property for unpaid work. Landlord shall supply Tenant with all utility services furnished to the Premises during such early entry period. Tenant shall ensure timely payment of all work under the Tenant General Contract and keep the Premises free and clear of liens, repair all damage arising from Tenant’s business operations or inconvenience suffered by Tenant during activities, and indemnify and hold Landlord harmless from all resulting liability, claims, demands, and costs, including attorneys’ fees, in connection with Xxxxxx’s entry. Notwithstanding the performance of any adjacent tenant’s demising work shall not subject Landlord to any liability for any loss or damages resulting there from nor entitle Tenant to any credit, abatement or adjustment of Rent or other sum payable under the Lease, as amended hereby. During Tenant’s design, construction and installation of the Tenant Improvementsforegoing, Tenant shall pay for all Building services and utilities, if and have no right to actually occupy the Premises to conduct Xxxxxx’s business prior to the extent requiredTenant’s receipt of valid certificate or conditional certificate of occupancy. Notwithstanding anything contained herein, (i) under no circumstances could Tenant be required to fund project costs in accordance with excess of 89.9% of the Existing Sublease from total project costs incurred at any point during the Effective Date through March 31, 2017, and (ii) in accordance with this Lease from and after April 1, 2017construction period.
Appears in 2 contracts
Samples: Triple Net Lease (MINDBODY, Inc.), Triple Net Lease (MINDBODY, Inc.)
Tenant Improvements. Other than the Shell Improvements, Lessee shall be responsible for all improvements (collectively, the “Tenant will cause Improvements”) necessary to prepare the Premises for the operation of Lessee’s business. Before commencement of the Tenant Improvements in the Premises, Lessee shall submit plans and specifications for Lessee’s Work and the name of the contractors Lessee desires to perform such work to Lessor for review and approval, which approval shall not be unreasonably withheld or conditioned. Lessor shall respond, in approval or disapproval, of such submittals within five (5) days of receipt. Lessee shall not commence work until Lessor has approved Lessee’s plans and specifications and Lessee’s contractors. No response by Lessor shall be deemed Lessor’s approval. Lessee shall construct the Tenant Improvements in accordance with the plans approved by Lessor, all applicable requirements, Paragraph 7.2 and the other applicable provisions of this Lease and using only contractors approved by Lessor. Included in the Base Rental rate, Lessor shall provide Lessee with a Twenty-Five Dollar ($25.00) per square foot allowance to be constructed, at Tenant’s sole applied to the cost and expense (subject to Landlord’s payment of the Improvement Allowance), the Tenant Improvements. The Tenant Improvements will be designed and constructed as described in this Exhibit “D”. Tenant will select the Contractor to be the general contractor to perform the Work. Landlord shall have the right to approve (such approval not to be unreasonably withheld, conditioned or delayed) the Contractor and all subcontractors that will be performing any portion of the Work. All contractors that will be performing any portion of the Work shall be union contractors. Tenant will pay all direct and indirect costs of the design and construction of the Tenant Improvements (subject the “TI Allowance”). The TI Allowance shall be payable in course of construction installments following delivery to Lessor of the applicable Construction Documents (as defined below). Each installment shall be payable within twenty-five (25) days after Lessee supplies Lessor with documentation satisfactory to Lessor, that Lessee has approved of the work performed and the contractor’s invoice is correct and acceptable. Lessor’s total Tenant Improvement Allowance shall not exceed Eight Hundred Thirty Thousand Dollars ($830,000.00). Together with each request for a disbursement of the TI Allowance, Lessee shall submit the following to Lessor (the “Construction Documents”):
(a) A copy of approvals or sign offs by applicable licensing agencies applicable to the Landlordportion of the Tenant Improvements then completed to the extent required for lessee to proceed with the construction of the Tenant Improvements;
(b) A copy of an application for payment (using AIA Form G702 or another form reasonably acceptable to Lessor) from Lessee’s general contractor listing all contractors, subcontractors, suppliers, and other persons or entities that provided labor or materials in connection with the Tenant Improvements;
(c) Partial unconditional lien waivers signed by each provider of labor or materials in connection with this portion of the Tenant Improvements then completed; and
(d) Paid invoices showing payment of all funds required to be expended by Lessee as a condition to the disbursement and showing payment of the amounts to be covered by the applicable disbursement of the TI Allowance. Lessor shall post a Notice of Non-Responsibility on the property during Tenant Improvement Allowance construction. Following completion of the Tenant Improvements, Lessee shall deliver to Lessor the following documents (the “Final Construction Documents”):
(1) A certificate of occupancy or final approval of the Tenant Improvements by all applicable licensing agencies required for Lessee to legally occupy the Premises;
(2) A certificate by Lessee’s architect that the Tenant Improvements have been completed in accordance with plans and specifications approved by Lessor;
(3) A copy of an application for payment (using AIA Form G702 or another form reasonably acceptable to Lessor) from Lessee’s general contractor listing all contractors, subcontractors, suppliers, and other persons or entities that provided labor or materials in connection with the Tenant Improvements;
(4) Final unconditional lien waivers signed by each provider of labor or materials in connection with the Tenant Improvements; and
(5) A complete set of marked up construction drawings and structural calculation for the Tenant Improvements, accurately showing in detail the actual completed work. “Tenant Improvements,” as provided used in this Lease for herein). Such costs may purposes of payment of the TI Allowance, shall mean and include, without limitation, all the following definitions, costs and fees:
(i) All costs of preparing the Space Planpreliminary space planning, construction document preparation, interior design, Plans finish schedule plans and Specifications, general conditions, labor, materials, specifications and other construction costs, the fees final architectural and engineering plans and specifications (on an hourly basisincluding as-built drawings) of Contractor’s project manager and site superintendent for the Tenant Improvements, and other costs associated with completion of said plans;
(ii) All costs of obtaining building permits and other necessary authorizations and approvals from the City of San Xxxx and other applicable jurisdictions; and
(iii) All direct and indirect costs of procuring, constructing and installing the Tenant Improvements in the Premises, including, but not limited to, the construction fee, overhead and profit and all costs labor and materials constituting the Tenant Improvements. Tenant Improvements shall specifically not include any alterations or additions constructed by Lessee pursuant to Paragraph 7.3 of the Lease, any Shell Improvements, and any of Lessee’s trade fixtures, equipment, furniture, furnishings, telephone equipment, or other personal property or any specialized, nonstandard improvements to the Premises not reasonably expected to add value to the Premises. In addition, fire protection improvements, such as racking, sprinklers, hose racks, draft curtains, smoke vents or reels, shall not be considered Tenant Improvements unless Lessor has specifically agreed to include them as Tenant Improvements. In no event shall the TI Allowance be applied to any of the following: (i) attorneys’ fees incurred in connection with obtaining permits for the Tenant Improvements. For all purposes negotiation of ownership, including risk of loss thereto, the Tenant Improvements will immediately upon installation be and remain a part of the Building and the property of Landlord, provided that as provided in Section 15 of this Lease, Landlord may require Tenant to remove same upon the expiration or earlier termination of the Lease Term. Tenant currently occupies the Premises under the Existing Sublease and Landlord permits Tenant to immediately commence construction of the Tenant Improvements from and after the Effective Date of this Lease [subject to Tenant’s compliance with the terms and conditions of the Existing Sublease (if then applicable), including, without limitation, Tenant’s receipt of approval from Tenant’s sublessor thereunder]. Tenant shall use its best efforts to complete the Tenant Improvements on or before July 31, 2017. Notwithstanding the foregoing sentence to the contrary, as part of the Tenant Improvements, Tenant shall perform the work necessary to separately demise the Premises from the remaining portion of the sixth (6th) floor of the Building, including the installation of a demising wall (the “Demising Work”) on or before April 1, 2017. Tenant acknowledges that the tenant in the premises adjacent to the Premises will also be performing demising work. Tenant’s performance of the Demising Work shall be coordinated with Landlord and Tenant shall cooperate with Landlord and/or Landlord’s contractors in all ways to ensure the efficient and expeditious scheduling, staging and performance of the Demising Work. The Demising Work shall not adversely affect any construction work being performed by or for Landlord or its tenants and shall be performed in harmony with Landlord’s contractors and subcontractors and with other contractors and subcontractors in the Complex. Tenant shall impose on and enforce all applicable terms of this Tenant Improvements Agreement against Tenant’s contractors. Landlord shall have the right to order Tenant or any of Tenant’s contractors who violate the requirements imposed on Tenant or Tenant’s contractors in performing the Demising Work to cease performance of the Demising Work and to remove its equipment and employees from the Building. No such action by Landlord shall cause any extension of the Commencement Date nor relieve Tenant from any of its obligations under the Lease. Further, notwithstanding anything herein to the contrary, any delay in the completion of the Demising Work, or any interference to Tenant’s business operations or inconvenience suffered by Tenant during the performance of any adjacent tenant’s demising work shall not subject Landlord to any liability for any loss or damages resulting there from nor entitle Tenant to any credit, abatement or adjustment of Rent or other sum payable under the Lease, as amended hereby. During Tenant’s design, construction and installation of the Tenant Improvements, Tenant shall pay for all Building services and utilities, if and to the extent required, (i) in accordance with the Existing Sublease from the Effective Date through March 31, 2017contracts, and attorneys’ fees, experts’ fees and other costs of legal and arbitration proceedings to resolve construction disputes with third parties; (ii) loan fees, mortgage brokerage fees, interest and other costs of financing construction costs; and (iii) penalties and late charges attributable to the failure to pay construction costs in accordance with this Lease from and after April 1, 2017Lease.
Appears in 2 contracts
Samples: Standard Industrial/Commercial Single Tenant Lease (Nextest Systems Corp), Standard Industrial/Commercial Single Tenant Lease (Nextest Systems Corp)
Tenant Improvements. Landlord shall provide Tenant with ten (10) days prior written notice of the date on which the Tenant Improvements shall be substantially completed by Landlord. Tenant’s Project Manager or other representative authorized by Tenant’s Project Manager shall then conduct an inspection of the Premises with Landlord or Landlord’s representative within seven (7) days of the date of substantial completion. Within said seven (7) day period, a “punch list” will cause be prepared by Tenant’s Project Manager or another authorized representative of Tenant, describing “punch list” items to be constructedcompleted and/or corrected by Landlord. Any items not on such “punch list” shall be deemed accepted by Tenant, except for any latent defects. Landlord shall correct any “punch list” item or latent defect at Tenant’s its sole cost and expense (subject to Landlord’s payment within a reasonable period of time thereafter, and in any event shall commence completion of the Improvement Allowance)“punch list” items and/or correction of a latent defect within three (3) days of receipt of Tenant’s notice, and shall complete the Tenant Improvements. The Tenant Improvements will be designed and constructed as described in this Exhibit “D”. Tenant will select the Contractor to be the general contractor to perform the Work. Landlord shall have the right to approve (such approval not to be unreasonably withheld, conditioned punch list” item or delayed) the Contractor and all subcontractors that will be performing any portion correction of the Work. All contractors that will be performing any portion of the Work shall be union contractors. Tenant will pay all direct and indirect costs of the design and construction of the Tenant Improvements latent defect no later than ten (subject to the Landlord’s payment of the Improvement Allowance as provided for herein). Such costs may include10) days after such notification, without limitation, all costs of preparing the Space Plan, construction document preparation, design, Plans and Specifications, general conditions, labor, materialsunless such completion or correction requires more than ten (10) days, and other construction costs, Landlord has commenced the fees completion or correction within the three (on an hourly basis3) of Contractor’s project manager day period and site superintendent for diligently performs the Tenant Improvements, and all costs incurred in connection with obtaining permits for same to completion. In the Tenant Improvements. For all purposes of ownership, including risk of loss thereto, the Tenant Improvements will immediately upon installation be and remain a part of the Building and the property of Landlord, provided that as provided in Section 15 of this Lease, Landlord may require Tenant to remove same upon the expiration or earlier termination of the Lease Term. Tenant currently occupies the Premises under the Existing Sublease and Landlord permits Tenant to immediately commence construction of the Tenant Improvements from and after the Effective Date of this Lease [subject to Tenant’s compliance with the terms and conditions of the Existing Sublease (if then applicable), including, without limitation, Tenant’s receipt of approval from Tenant’s sublessor thereunder]. Tenant shall use its best efforts to complete the Tenant Improvements on or before July 31, 2017. Notwithstanding the foregoing sentence to the contrary, as part of the Tenant Improvements, Tenant shall perform the work necessary to separately demise the Premises from the remaining portion of the sixth (6th) floor of the Building, including the installation of a demising wall (the “Demising Work”) on or before April 1, 2017. Tenant acknowledges that the tenant in the premises adjacent to the Premises will also be performing demising work. Tenant’s performance of the Demising Work shall be coordinated with event Landlord and Tenant shall cooperate with Landlord and/or do not agree on as to the completion or correction of any particular “punch list” item, Landlord’s contractors in all ways Architect shall make the final determination as to ensure whether the efficient and expeditious scheduling, staging and performance of the Demising Work. The Demising Work shall not adversely affect any construction work being performed by same has been completed or for Landlord or its tenants and shall be performed in harmony with Landlord’s contractors and subcontractors and with other contractors and subcontractors in the Complex. Tenant shall impose on and enforce all applicable terms of this Tenant Improvements Agreement against Tenant’s contractors. Landlord shall have the right to order Tenant or any of Tenant’s contractors who violate the requirements imposed on Tenant or Tenant’s contractors in performing the Demising Work to cease performance of the Demising Work and to remove its equipment and employees from the Building. No such action by Landlord shall cause any extension of the Commencement Date nor relieve Tenant from any of its obligations under the Lease. Further, notwithstanding anything herein to the contrary, any delay in the completion of the Demising Work, or any interference to Tenant’s business operations or inconvenience suffered by Tenant during the performance of any adjacent tenant’s demising work shall not subject Landlord to any liability for any loss or damages resulting there from nor entitle Tenant to any credit, abatement or adjustment of Rent or other sum payable under the Lease, as amended hereby. During Tenant’s design, construction and installation of the Tenant Improvements, Tenant shall pay for all Building services and utilities, if and to the extent required, (i) in accordance with the Existing Sublease from the Effective Date through March 31, 2017, and (ii) in accordance with this Lease from and after April 1, 2017corrected.
Appears in 2 contracts
Samples: Lease Agreement (Inverness Medical Innovations Inc), Lease (Inverness Medical Innovations Inc)
Tenant Improvements. Landlord shall provide Tenant will cause a Tenant Improvement Allowance (“TIA”) of $12.50 per square foot, or Two Hundred Eight Thousand Seven Hundred Seventy Five & 00/00 ($208,775.00) to be constructedused by Tenant for permanent building standard improvements to all or part of the Premises and for repair and maintenance of equipment and fixtures in the Premises as of the Commencement Date. Tenant shall be required to submit detailed plans to Landlord for Landlord’s written approval of said work prior to any work commencing. Tenant shall be responsible for coordinating Tenant’s architect and contractor and obtaining all required approvals, permits and necessary governmental documentation specific to Tenant’s improvements and use. Landlord shall reimburse Tenant up to TIA amount within 30 days following Landlord’s receipt of Tenant’s invoice for Landlord approved work. Any portion of the TIA not used within eighteen (18) months following the Commencement Date shall be retained by Landlord. Tenant acknowledges that TIA may only be used for permanent building standard improvements to all or part of the Premises and for repair and maintenance of equipment and fixtures in the premises as of the Commencement Date as set forth below or otherwise approved by Landlord in its sole discretion, and which may include, but not be limited to, the actual work, design fees, permitting fees, architectural fees, engineering fees, construction management fees and Washington State sales tax. TIA shall not be used for non-building standard improvements to the Premises such as, but not limited to, Tenant’s moving costs, low voltage cabling, movable office furniture or other fixtures or equipment specific to Tenant’s use that Tenant may or may not remove from Premises after Tenant vacates Premises or fixtures or equipment that is reasonably determined by landlord to not be re-usable by another tenant after Tenant vacates Premises. Landlord shall not charge a construction management fee for the work done by Tenant provided for in the TIA. Tenant reserves the right to hire, at Tenant’s sole cost and expense (subject cost, independent construction management professionals to Landlord’s payment of manage the Improvement Allowance), the Tenant Improvements. The Tenant Improvements will be designed and constructed as described in this Exhibit “D”. Tenant will select the Contractor to be the general contractor to perform the Work. Landlord shall have the right to approve (such approval not to be unreasonably withheld, conditioned or delayed) the Contractor and all subcontractors that will be performing any portion of the Work. All contractors that will be performing any portion of the Work shall be union contractors. Tenant will pay all direct and indirect costs of the design and construction of the Tenant Improvements (subject to the Landlord’s payment of the Improvement Allowance as work provided for herein)in the TIA. Such costs may include, without limitation, all costs of preparing the Space Plan, construction document preparation, design, Plans and Specifications, general conditions, labor, materials, and other construction costs, the fees (on an hourly basis) of Contractor’s project manager and site superintendent for the Tenant Improvements, and all costs incurred in connection with obtaining permits for the Tenant Improvements. For all purposes of ownership, including risk of loss thereto, the Tenant Improvements will immediately upon installation be and remain a part of the Building and the property of Landlord, provided that as provided in Section 15 of this Lease, Landlord may require Tenant to remove same upon the expiration or earlier termination of the Lease Term. Tenant currently occupies the Premises under the Existing Sublease and Landlord permits Tenant to immediately commence construction of the Tenant Improvements from and after the Effective Date of this Lease [subject Subject to Tenant’s compliance with submittal of detailed plans to Landlord for Landlord’s written approval of said work prior to any work commencing, Landlord hereby approves the terms and conditions of the Existing Sublease (if then applicable), including, without limitation, Tenant’s receipt of approval from Tenant’s sublessor thereunder]. Tenant shall use its best efforts to complete the Tenant Improvements on or before July 31, 2017. Notwithstanding the foregoing sentence to the contrary, as part of the Tenant Improvements, Tenant shall perform the work necessary to separately demise the Premises from the remaining portion of the sixth (6th) floor of the Building, including the installation of a demising wall (the “Demising Work”) on or before April 1, 2017. Tenant acknowledges that the tenant in the premises adjacent following permanent building standard improvements to the Premises will also be performing demising work. Tenant’s performance and the following repairs to and maintenance of the Demising Work shall be coordinated with Landlord and Tenant shall cooperate with Landlord and/or Landlord’s contractors in all ways to ensure the efficient and expeditious scheduling, staging and performance of the Demising Work. The Demising Work shall not adversely affect any construction work being performed by or for Landlord or its tenants and shall be performed in harmony with Landlord’s contractors and subcontractors and with other contractors and subcontractors in the Complex. Tenant shall impose on and enforce all applicable terms of this Tenant Improvements Agreement against Tenant’s contractors. Landlord shall have the right to order Tenant or any of Tenant’s contractors who violate the requirements imposed on Tenant or Tenant’s contractors in performing the Demising Work to cease performance of the Demising Work and to remove its equipment and employees from the Building. No such action by Landlord shall cause any extension of the Commencement Date nor relieve Tenant from any of its obligations under the Lease. Further, notwithstanding anything herein to the contrary, any delay in the completion of the Demising Work, or any interference to Tenant’s business operations or inconvenience suffered by Tenant during the performance of any adjacent tenant’s demising work shall not subject Landlord to any liability for any loss or damages resulting there from nor entitle Tenant to any credit, abatement or adjustment of Rent or other sum payable under the Lease, as amended hereby. During Tenant’s design, construction and installation of the Tenant Improvements, Tenant shall pay for all Building services and utilities, if and to the extent required, (i) in accordance with the Existing Sublease from the Effective Date through March 31, 2017, and (ii) in accordance with this Lease from and after April 1, 2017.fixtures:
Appears in 2 contracts
Samples: Early Entry Agreement (Alder Biopharmaceuticals Inc), Early Entry Agreement (Alder Biopharmaceuticals Inc)
Tenant Improvements. All Tenant will cause to Improvements shall be constructedperformed by Tenant’s contractor, at Tenant’s sole cost and expense (subject to Landlord’s payment of the Improvement Allowance), the Tenant Improvements. The Tenant Improvements will be designed and constructed as described in this Exhibit “D”. Tenant will select the Contractor obligations with respect to be the general contractor to perform the Work. Landlord shall have the right to approve (such approval not to be unreasonably withheld, conditioned or delayed) the Contractor and all subcontractors that will be performing any portion of the WorkTI Allowance and in accordance with the Approved Plans (as defined below), the Lease and this Work Letter. All contractors To the extent that will be performing any portion of the Work shall be union contractors. Tenant will pay all direct and indirect costs of the design and construction total projected cost of the Tenant Improvements (subject to as projected by Landlord) exceeds the Landlord’s payment of the Improvement TI Allowance as provided for herein). Such costs may include, without limitation, all costs of preparing the Space Plan, construction document preparation, design, Plans and Specifications, general conditions, labor, materials, and other construction costs(such excess, the fees (on an hourly basis) of Contractor’s project manager and site superintendent for “Excess TI Costs”), Tenant shall pay the Tenant Improvements, and all costs incurred in connection with obtaining permits for the Tenant Improvements. For all purposes of ownership, including risk of loss thereto, the Tenant Improvements will immediately upon installation be and remain a part of the Building and the property of Landlord, provided that as provided in Section 15 of this Lease, Landlord may require Tenant to remove same upon the expiration or earlier termination of the Lease Term. Tenant currently occupies the Premises under the Existing Sublease and Landlord permits Tenant to immediately commence construction of the Tenant Improvements from and after on a pari passu basis with Landlord as such costs become due, in the Effective Date proportion of this Lease [subject Excess TI Costs payable by Tenant to Tenant’s compliance with the terms and conditions base TI Allowance. If the cost of the Existing Sublease (if then applicable), including, without limitation, Tenant’s receipt of approval from Tenant’s sublessor thereunder]. Tenant shall use its best efforts to complete the Tenant Improvements on or before July 31(as projected by Landlord) increases over Landlord’s initial projection, 2017. Notwithstanding the foregoing sentence to the contrary, as part of the then Landlord may notify Tenant Improvements, Tenant shall perform the work necessary to separately demise the Premises from the remaining portion of the sixth (6th) floor of the Building, including the installation of a demising wall (the “Demising Work”) on or before April 1, 2017. Tenant acknowledges that the tenant in the premises adjacent to the Premises will also be performing demising work. Tenant’s performance of the Demising Work shall be coordinated with Landlord and Tenant shall cooperate with pay any additional Excess TI Costs in the same way that Tenant pays the initial Excess TI Costs. If Tenant fails to pay, or is late in paying, any sum due to Landlord and/or Landlord’s contractors in under this Work Letter, then Landlord shall have all ways to ensure the efficient and expeditious scheduling, staging and performance of the Demising Workrights and remedies set forth in the Lease for nonpayment of Rent (including the right to interest and the right to assess a late charge), and for purposes of any litigation instituted with regard to such amounts the same shall be considered Rent. The Demising Work shall not adversely affect any construction work being performed All material and equipment furnished by or for Landlord Tenant or its tenants and contractors as the Tenant Improvements shall be new or “like new;” the Tenant Improvements shall be performed in harmony with Landlord’s contractors a first-class, workmanlike manner; and subcontractors the quality of the Tenant Improvements shall be of a nature and with other contractors and subcontractors in character not less than the ComplexBuilding Standard. Tenant shall impose on take, and enforce all applicable terms of this Tenant Improvements Agreement against Tenant’s contractors. Landlord shall have require its contractors to take, commercially reasonable steps to protect the right to order Tenant or any of Tenant’s contractors who violate the requirements imposed on Tenant or Tenant’s contractors in performing the Demising Work to cease performance of the Demising Work and to remove its equipment and employees from the Building. No such action by Landlord shall cause any extension of the Commencement Date nor relieve Tenant from any of its obligations under the Lease. Further, notwithstanding anything herein to the contrary, any delay in the completion of the Demising Work, or any interference to Tenant’s business operations or inconvenience suffered by Tenant Premises during the performance of any adjacent tenant’s demising work Tenant Improvements, including covering or temporarily removing any window coverings so as to guard against dust, debris or damage and ensuring compliance with the Contractor Rules and Regulations. All Tenant Improvements shall not subject Landlord be performed in accordance with Article 17 of the Lease; provided that, notwithstanding anything in the Lease or this Work Letter to any liability for any loss or damages resulting there from nor entitle Tenant to any creditthe contrary, abatement or adjustment in the event of Rent or other sum payable under a conflict between this Work Letter and Article 17 of the Lease, as amended herebythe terms of this Work Letter shall govern. During Tenant’s designIf applicable, construction all vivarium or critical operation areas must have dedicated HVAC and installation of the Tenant Improvements, Tenant shall pay for all Building services and utilities, if and to the extent required, (i) in accordance with the Existing Sublease from the Effective Date through March 31, 2017, and (ii) in accordance with this Lease from and after April 1, 2017electrical systems serving those areas.
Appears in 2 contracts
Samples: Lease (Oncorus, Inc.), Lease (Oncorus, Inc.)
Tenant Improvements. 1.1 The parties have previously agreed on the basic scope of tenant improvements such as are described on Exhibit C-1 (“Basic TI Criteria”) and the agreed-upon Space Plan attached as Exhibit C-2 (“Space Plan”).
1.2 Landlord has retained an architect and engineering consultants of its choice to prepare all plans and engineering working drawings relating to the structural, mechanical, electrical, plumbing, HVAC, life safety, sprinkler and IT engineering work in the Leased Premises (collectively as the “Construction Drawings”). No later than twenty-one (21) days after lease execution, Tenant will cause shall provide Landlord with its specifications for the finishes for the new flooring, large break room/ lounge area, and restrooms. All finishes selected by Tenant must be readily available to be constructed, at Tenant’s sole cost and expense (subject to Landlord’s payment avoid any delays in the completion of the Improvement Allowance), the Tenant Improvementsimprovements. The information required by Tenant Improvements will be designed pursuant to this section is referred to as “Tenant Requirements.” All Construction Drawings shall comply with the Basic TI Criteria, Space Plan, Tenant Requirements and constructed as described in this Exhibit “D”. Tenant will select the Contractor to be the general contractor to perform the Workdrawing format and specifications reasonably determined by Landlord. Landlord shall have provide the right Construction Drawings to approve Tenant upon receipt for Tenant’s confirmation that the Construction Drawings are consistent with the Basic TI Criteria, Space Plan and the Tenant Requirements. If Tenant does not notify Landlord in writing of any objection to the Construction Drawings within five (such 5) business days of receipt, Landlord will proceed towards obtaining a building permit and necessary approvals for the work.
1.3 Upon approval of the Construction Drawings, the Architect and the Engineers shall complete the architectural and engineering drawings for the Leased Premises, and Architect shall compile a fully coordinated set of architectural, structural, mechanical, electrical, fire life safety, plumbing and telecommunications working drawings in a form which is complete to allow subcontractors to bid on the work and, if not already done, to obtain all applicable permits including a building permit (collectively the “Final Working Drawings”). Landlord shall construct improvements in accordance with the Final Working Drawings (“Tenant Improvements”). Other than any changes required to conform the Final Working Drawings with the Construction Drawings (“Corrective Changes”), Tenant shall make no other changes or modifications to the Final Working Drawings which would require re-submission of plans for review to the building department or other necessary government entity (“Material Change”), and shall make no changes or modifications to the Final Workings Drawings which are not Material Changes (“Non-Material Change”) or Corrective Changes without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed) ; provided, however, any delay in “Substantial Completion,” as that term is defined in Section 5.1 of this Work Letter caused by such changes or modifications by Tenant to the Contractor and all subcontractors that will be performing any portion Final Working Drawings (other than Corrective Changes), or the availability of the Work. All contractors that will be performing any portion of the Work Tenant’s selected finishes, shall be union contractors. a Tenant will pay all direct Delay and indirect costs any increase in the cost of the design and construction of designing or constructing the Tenant Improvements (subject as a result of such changes to the previously approved Final Working Drawings (other than Corrective Changes) shall be at Tenant’s cost. Tenant must present any request for a modification to the Final Working Drawings in writing to Landlord. Within five (5) business days of Tenant’s payment request, Landlord shall provide Tenant with a statement as to whether the proposed modification constitutes a Non-Material Change, and if it does, an estimate of the Improvement Allowance as provided for herein). Such costs may include, without limitation, all costs increase in cost of preparing the Space Plan, construction document preparation, design, Plans and Specifications, general conditions, labor, materials, and other construction costs, the fees (on an hourly basis) of Contractor’s project manager and site superintendent for the Tenant Improvements, and all costs incurred the estimated delay in connection with obtaining permits for the Tenant Improvements. For all purposes of ownershipdelivery, including risk of loss thereto, the Tenant Improvements will immediately upon installation be and remain a part of the Building and the property of Landlord, provided that as provided in Section 15 of this Lease, Landlord may require Tenant to remove same upon the expiration or earlier termination of the Lease Term. Tenant currently occupies the Premises under the Existing Sublease and Landlord permits Tenant to immediately commence construction of the Tenant Improvements from and after the Effective Date of this Lease [subject anticipated due to Tenant’s compliance requested modification. Tenant must withdraw any requested modification which Landlord determines is a Material Change, and for a modification which is a Non-Material Change must notify Landlord within three (3) business days of receipt of Landlord’s notice whether it will withdraw its requested modification. In the event Landlord agrees to proceed with the terms and conditions of the Existing Sublease (if then applicable), including, without limitation, Tenant’s receipt of approval from Tenant’s sublessor thereunder]. Tenant shall use its best efforts to complete the Tenant Improvements on or before July 31, 2017. Notwithstanding the foregoing sentence to the contrary, as part of the Tenant Improvementsrequested Non-Material Change, Tenant shall perform the work necessary to separately demise the Premises from the remaining portion be responsible for actual increased costs and delays associated with its requested modification regardless of the sixth (6th) floor of the Building, including the installation of a demising wall (the “Demising Work”) on or before April 1, 2017. Tenant acknowledges that the tenant in the premises adjacent to the Premises will also be performing demising work. Tenant’s performance of the Demising Work shall be coordinated with Landlord and Tenant shall cooperate with Landlord and/or estimates provided by Landlord’s contractors in all ways to ensure the efficient and expeditious scheduling, staging and performance of the Demising Work. The Demising Work shall not adversely affect any construction work being performed by or for Landlord or its tenants and shall be performed in harmony with Landlord’s contractors and subcontractors and with other contractors and subcontractors in the Complex. Tenant shall impose on and enforce all applicable terms of this Tenant Improvements Agreement against Tenant’s contractors. Landlord shall have the right to order Tenant or any of Tenant’s contractors who violate the requirements imposed on Tenant or Tenant’s contractors in performing the Demising Work to cease performance of the Demising Work and to remove its equipment and employees from the Building. No such action by Landlord shall cause any extension of the Commencement Date nor relieve Tenant from any of its obligations under the Lease. Further, notwithstanding anything herein to the contrary, any delay in the completion of the Demising Work, or any interference to Tenant’s business operations or inconvenience suffered by Tenant during the performance of any adjacent tenant’s demising work shall not subject Landlord to any liability for any loss or damages resulting there from nor entitle Tenant to any credit, abatement or adjustment of Rent or other sum payable under the Lease, as amended hereby. During Tenant’s design, construction and installation of the Tenant Improvements, Tenant shall pay for all Building services and utilities, if and to the extent required, (i) in accordance with the Existing Sublease from the Effective Date through March 31, 2017, and (ii) in accordance with this Lease from and after April 1, 2017.
Appears in 2 contracts
Samples: Office Lease (Twilio Inc), Office Lease (Twilio Inc)
Tenant Improvements. a. Tenant will cause acknowledges that Landlord has met its obligations to construct tenant improvements or provide an allowance for Tenant to construct tenant improvements with respect to the Original Premises and the Additional Premises pursuant to Exhibit B of the Original Lease and Paragraph 2 of the First Amendment.
b. Tenant hereby agrees to accept the Second Additional Premises in its “as-is” condition existing on the date hereof and Landlord shall have no obligation to construct any tenant improvements to the Second Additional Premises on behalf of Tenant.
c. Tenant shall construct tenant improvements (“Improvements”) for the Second Additional Premises in accordance with the plans (the “Plans”), which shall be constructedprepared by Tenant and approved in final form by Landlord, at which approval shall not be unreasonably withheld. The Plans shall include items and information as Landlord shall reasonably require to evaluate Tenant’s sole cost work. All Improvements shall be constructed in a good and expense workmanlike manner using new materials and in accordance with all applicable laws, codes and regulations, including the Americans with Disability Act (subject “ADA”) and in accordance with Paragraph 6 of the Lease (except that the first sentence of Paragraph 6(b) of the Lease shall not apply with respect to the Improvements). It is expressly agreed that (a) Tenant shall not commence any such work until said Plans have been approved by Landlord, and (b) the Plans which have been so approved by Landlord have been used by Tenant, if applicable, to obtain all permits that are necessary to construct the Improvements. Tenant acknowledges that Landlord’s review and approval of the Plans is not conducted for the purpose of determining the accuracy and completeness of the Plans, their compliance with applicable codes and governmental regulations including ADA, or their sufficiency for purposes of obtaining a building permit, all of which shall remain the responsibility of Tenant and Tenant’s architect. Accordingly, Landlord shall not be responsible for any delays in obtaining the building permit due to the insufficiency of the Plans or any delays due to changes in the Plans required by the applicable governmental regulatory agencies reviewing the Plans. If, as a result of any proposed Improvements made by Tenant to the Second Additional Premises, Landlord is obligated to comply with the ADA or any other law or regulation and such compliance requires Landlord to make any improvement or alteration to any portion of the Building, as a condition to Landlord’s payment of the Improvement Allowance)approval, the Tenant Improvements. The Tenant Improvements will be designed and constructed as described in this Exhibit “D”. Tenant will select the Contractor to be the general contractor to perform the Work. Landlord shall have the right to approve (such approval not to be unreasonably withheld, conditioned or delayed) the Contractor and all subcontractors that will be performing any portion of the Work. All contractors that will be performing any portion of the Work shall be union contractors. Tenant will pay all direct and indirect costs of the design and construction of the Tenant Improvements (subject to the Landlord’s payment of the Improvement Allowance as provided for herein). Such costs may include, without limitation, all costs of preparing the Space Plan, construction document preparation, design, Plans and Specifications, general conditions, labor, materials, and other construction costs, the fees (on an hourly basis) of Contractor’s project manager and site superintendent for the Tenant Improvements, and all costs incurred in connection with obtaining permits for the Tenant Improvements. For all purposes of ownership, including risk of loss thereto, the Tenant Improvements will immediately upon installation be and remain a part of the Building and the property of Landlord, provided that as provided in Section 15 of this Lease, Landlord may require Tenant to remove same upon pay to Landlord prior to the expiration construction of any such Improvement by Tenant, the entire cost of any improvement or earlier termination alteration Landlord is obligated to complete by such law or regulation.
d. Tenant shall provide Landlord with a breakdown of the Lease Term. Tenant currently occupies the Premises under the Existing Sublease and Landlord permits Tenant to immediately commence construction estimated total cost of the Tenant Improvements from and after the Effective Date of this Lease [subject to Tenant’s compliance with the terms and conditions of the Existing Sublease (if then applicable“Cost Breakdown”), including, without limitation: construction cost of the Improvements; architectural and engineering fees relating to the preparation and review of the space plan and the Plans (inclusive of the initial space plan and all design work above and below the ceiling); governmental agency plan check, permit and other fees; sales and use taxes; testing and inspection costs; and construction fees (including general contractor’s overhead and supervision fees and the construction supervisory fee referred to in subparagraph (i) hereof). In connection thereto, Landlord hereby grants to Tenant an “Improvement Allowance” of up to Twenty and 75/100 Dollars ($20.75) per rentable square foot of space in the Second Additional Premises (i.e., 23,560 rentable square feet multiplied by $20.75 = $488,870.00). The Improvement Allowance shall be disbursed to Tenant not more frequently than once per month based on disbursement requests submitted by Tenant to Landlord and certified by Tenant’s receipt architect. Such disbursement request shall set forth the total amount incurred, expended and/or due for each requested item less prior disbursements and a description of the work performed, and materials supplied and/or costs incurred or due with respect to each item for which disbursement is requested. Each such disbursement request shall be accompanied by invoices, vouchers, statements, affidavits, payroll records and/or other documents reasonably requested by Landlord, which substantiate costs incurred to justify such a disbursement, together with lien waivers for those contractors and materialmen providing construction services or materials. In addition, each disbursement shall be subject to inspection and approval from Tenantof completed work by Landlord’s sublessor thereunder]construction engineer. In the event the Cost Breakdown exceeds the Improvement Allowance, Tenant shall use pay from another source of funds the amount by which the Cost Breakdown exceeds the Improvement Allowance prior to any disbursement of the Improvement Allowance by Landlord. In the event the actual cost of the Improvements is less than the Improvement Allowance, the unused portion of the Improvement Allowance shall not be paid or refunded to Tenant or be available to Tenant as a credit against any obligations of Tenant under the Lease, except that up to thirty-three percent (33%) of the Improvement Allowance (i.e., $488,870.00 multiplied by .33 = $161,327.10) may be used to reimburse Tenant for its best efforts to complete documented, third-party out-of-pocket expenses incurred in connection with its installation of its data and voice cabling and wiring at the Tenant Improvements Second Additional Premises. The Improvement Allowance must be expended on or before July 31, 2017. Notwithstanding the foregoing sentence to the contrary, as part expiration of the twelve (12) calendar month period following the Effective Date. If the Improvement Allowance is not expended on or before such date, the Improvement Allowance shall no longer be available to Tenant Improvementsand Landlord shall have no further obligation to provide such Improvement Allowance to Tenant.
e. Tenant shall obtain Landlord’s approval of Tenant’s contractor, which approval shall not be unreasonably withheld provided (i) such contractor’s primary business is the construction of tenant/interior finish work in commercial office buildings; (ii) such contractor is licensed to do business in Somerset County, New Jersey, and (iii) such contractor is not a contractor with whom Landlord or its agent has had unsatisfactory dealings in the past. Landlord hereby agrees that if Tenant elects to use Xxxx Construction Company, LLC or DDB Interior Contracting as Tenant’s contractor, such contractors are pre-approved and shall not require any additional approvals by Landlord. Additionally, Tenant shall perform the work necessary to separately demise the Premises from the remaining portion submit a copy of the sixth proposed construction contract to Landlord for Landlord’s approval. Landlord’s approval, which shall not be unreasonably withheld, shall be given or denied (6thas applicable) floor within ten (10) business days of receipt of the Building, including the installation of a demising wall (the “Demising Work”) on or before April 1, 2017. Tenant acknowledges that the tenant in the premises adjacent to the Premises will also be performing demising worknecessary information from Tenant. Tenant’s performance of the Demising Work shall be coordinated with Landlord and Tenant shall cooperate with Landlord and/or Landlord’s contractors in all ways to ensure the efficient and expeditious scheduling, staging and performance of the Demising Work. The Demising Work shall not adversely affect any construction work being performed by or for Landlord or its tenants and shall be performed in harmony with Landlord’s contractors and subcontractors shall be required to provide the following types of insurance, in the minimum amounts indicated, naming Landlord (and Landlord’s mortgagee, if required by Landlord) as additional insured:
(i) Workmen’s Compensation with full statutory limits for employer’s liability.
(ii) Commercial General Liability Insurance including direct and contingent liability in the aggregate amount of One Million and No/100 Dollars ($1,000,000.00) combined single limit coverage per occurrence for personal injury, death or property damage.
(iii) The Liability Policy shall include coverage for Broad Form Hold Harmless Agreement as is contained in the standard contract.
(iv) Automobile Liability Insurance with bodily injury limits of $250,000 per person, $500,000 per accident, and $50,000 per accident for Property Damage. Certificates of insurance for all of the foregoing insurance coverages shall be delivered to Landlord before construction of the improvements is started and before Tenant’s contractor’s equipment is placed upon the Second Additional Premises. In all other contractors respects, the insurance coverage above mentioned shall comply with the Lease provisions.
f. It is agreed that Tenant assumes the entire responsibility and liability due to its negligence, including statutory or common law, for any and all injuries or death of any or all persons, including its contractor, subcontractors and employees, and for any and all damages to property caused by or resulting from or arising out of any act or omission on the part of Tenant, its contractor, subcontractors or employees, in the prosecution of the work thereunder. With respect to such work Tenant agrees to indemnify and save harmless Landlord, its mortgagee, architect, engineers and their employees and all other tenants of the Property from and against all losses and expense, including legal fees, which they may suffer or pay as the result of claims or lawsuits due to, because of or arising out of any and all such injuries, death or damage, whether real or alleged, and Tenant, its contractor and subcontractors in shall assume and defend at their own expense all such claims or lawsuits, unless caused by the Complexgross negligence or willful misconduct of Landlord. Tenant shall impose on agrees to insure this assumed liability in its Comprehensive General Liability Policy and enforce all applicable terms the original or copy of this Tenant Improvements Agreement against Tenant’s contractors. the policy delivered to Landlord shall have indicate this contractual coverage.
g. For and during the right period of construction, Tenant shall provide and pay for all utilities consumed upon the Second Additional Premises during said period and for the removal of all temporary connections.
h. Tenant shall endeavor to order cause the contractor to substantially complete construction of the Improvements in a diligent manner. It shall be the sole responsibility of Tenant to file all drawings and specifications, pay all fees and obtain all permits and applications from any governmental authorities having jurisdiction, and to obtain any certificates or any approvals, including a certificate of occupancy, required to enable Tenant to occupy the Second Additional Premises. Upon completion of the Improvements, Tenant’s contractors who violate the requirements imposed on Tenant or Tenant’s contractors and/or subcontractors shall provide Landlord, without cost to Landlord, with one (1) set of transparent “as built” drawings. No delay in performing the Demising Work to cease performance completion of construction of the Demising Work and to remove its equipment and employees from the Building. No such action by Landlord Improvements shall cause any extension of the Commencement Date nor relieve Tenant from any of its obligations under the Lease. Further, notwithstanding anything herein to the contrary, any delay in the completion of the Demising Work, or any interference to Tenant’s business operations or inconvenience suffered by Tenant during the performance of any adjacent tenant’s demising work shall not subject Landlord to any liability for any loss or damages resulting there from nor entitle Tenant to any credit, abatement or adjustment of Rent or other sum payable under the Lease, as amended hereby. During Tenant’s design, construction and installation of the Tenant Improvements, Tenant shall pay for all Building services and utilities, if and to the extent required, (i) in accordance with the Existing Sublease from the Effective Date through March 31, 2017, and (ii) in accordance with this Lease from and after April 1, 2017beyond the date specified herein.
Appears in 2 contracts
Samples: Agreement of Lease (Reliant Pharmaceuticals, Inc.), Agreement of Lease (Reliant Pharmaceuticals, Inc.)
Tenant Improvements. All Tenant will cause to Improvements shall be constructedperformed by Tenant’s contractor, at Tenant’s sole cost and expense (subject to Landlord’s payment of the Improvement Allowance), the Tenant Improvements. The Tenant Improvements will be designed and constructed as described in this Exhibit “D”. Tenant will select the Contractor obligations with respect to be the general contractor to perform the Work. Landlord shall have the right to approve (such approval not to be unreasonably withheld, conditioned or delayed) the Contractor and all subcontractors that will be performing any portion of the WorkTI Allowance and in accordance with the Approved Plans (as defined below), the Lease and this Work Letter. All contractors To the extent that will be performing any portion of the Work shall be union contractors. Tenant will pay all direct and indirect costs of the design and construction total projected cost of the Tenant Improvements (subject to as projected by Landlord) exceeds the Landlord’s payment of the Improvement TI Allowance as provided for herein). Such costs may include, without limitation, all costs of preparing the Space Plan, construction document preparation, design, Plans and Specifications, general conditions, labor, materials, and other construction costs(such excess, the fees “Excess TI Costs”), Tenant shall advance to Landlord any Excess TI Costs within ten (on 10) days after receipt of an hourly basis) of Contractor’s project manager and site superintendent for the invoice therefor, but in any case before Tenant Improvements, and all costs incurred in connection with obtaining permits for commences the Tenant Improvements. For all purposes of ownership, including risk of loss theretoIf the actual Excess TI Costs are less than the Excess TI Costs paid by Tenant to Landlord, the Tenant Improvements will immediately upon installation be and remain a part provisions of Section 6.1 shall apply to the Building and overage paid by Tenant. If the property of Landlord, provided that as provided in Section 15 of this Lease, Landlord may require Tenant to remove same upon the expiration or earlier termination of the Lease Term. Tenant currently occupies the Premises under the Existing Sublease and Landlord permits Tenant to immediately commence construction cost of the Tenant Improvements from (as projected by Landlord) increases over Landlord’s initial projection, then Landlord may notify Tenant and after Tenant shall deposit any additional Excess TI Costs with Landlord in the Effective Date of same way that Tenant deposited the initial Excess TI Costs. If Tenant fails to pay, or is late in paying, any sum due to Landlord under this Lease [subject to Tenant’s compliance with the terms and conditions Work Letter, then Landlord shall have all of the Existing Sublease rights and remedies set forth in the Lease for nonpayment of Rent (if then applicableincluding the right to interest and the right to assess a late charge), including, without limitation, Tenant’s receipt and for purposes of approval from Tenant’s sublessor thereunder]any litigation instituted with regard to such amounts the same shall be considered Rent. All material and equipment furnished by Tenant shall use or its best efforts to complete contractors as the Tenant Improvements on shall be new or before July 31, 2017. Notwithstanding the foregoing sentence to the contrary, as part of “like new;” the Tenant Improvements, Tenant shall perform the work necessary to separately demise the Premises from the remaining portion of the sixth (6th) floor of the Building, including the installation of a demising wall (the “Demising Work”) on or before April 1, 2017. Tenant acknowledges that the tenant in the premises adjacent to the Premises will also be performing demising work. Tenant’s performance of the Demising Work shall be coordinated with Landlord and Tenant shall cooperate with Landlord and/or Landlord’s contractors in all ways to ensure the efficient and expeditious scheduling, staging and performance of the Demising Work. The Demising Work shall not adversely affect any construction work being performed by or for Landlord or its tenants and Improvements shall be performed in harmony with Landlord’s contractors a first-class, workmanlike manner; and subcontractors the quality of the Tenant Improvements shall be of a nature and with other contractors and subcontractors in character not less than the ComplexBuilding Standard. Tenant shall impose on take, and enforce all applicable terms of this Tenant Improvements Agreement against Tenant’s contractors. Landlord shall have require its contractors to take, commercially reasonable steps to protect the right to order Tenant or any of Tenant’s contractors who violate the requirements imposed on Tenant or Tenant’s contractors in performing the Demising Work to cease performance of the Demising Work and to remove its equipment and employees from the Building. No such action by Landlord shall cause any extension of the Commencement Date nor relieve Tenant from any of its obligations under the Lease. Further, notwithstanding anything herein to the contrary, any delay in the completion of the Demising Work, or any interference to Tenant’s business operations or inconvenience suffered by Tenant Premises during the performance of any adjacent tenant’s demising work Tenant Improvements, including covering or temporarily removing any window coverings so as to guard against dust, debris or damage. All Tenant Improvements shall not subject Landlord be performed in accordance with Article 17 of the Lease; provided that, notwithstanding anything in the Lease or this Work Letter to any liability for any loss or damages resulting there from nor entitle Tenant to any creditthe contrary, abatement or adjustment in the event of Rent or other sum payable under a conflict between this Work Letter and Article 17 of the Lease, as amended hereby. During Tenant’s design, construction and installation the terms of the Tenant Improvements, Tenant this Work Letter shall pay for all Building services and utilities, if and to the extent required, (i) in accordance with the Existing Sublease from the Effective Date through March 31, 2017, and (ii) in accordance with this Lease from and after April 1, 2017govern.
Appears in 2 contracts
Samples: Lease (Asterias Biotherapeutics, Inc.), Lease (Biotime Inc)
Tenant Improvements. (a) In addition to the construction of the Landlord Improvements as described above, Landlord agrees to construct those tenant improvements (the “Tenant will cause Improvements”) which are requested by Tenant prior to the mutual approval of the Drawings (as defined below).
(b) Landlord shall pay for the Tenant Improvements by providing an allowance (the “Allowance”) up to a maximum amount of $3,880,000 ($5.07 psf, exclusive of the area to be constructed, at Tenant’s sole cost and expense subleased to Highland Fairview (subject to Landlord’s payment or one of the Improvement Allowanceits Affiliates)), and Tenant shall pay for the Tenant Improvements. The Tenant Improvements will be designed and constructed as described in this Exhibit “D”. Tenant will select the Contractor to be the general contractor to perform the Work. Landlord shall have the right to approve (such approval not to be unreasonably withheld, conditioned or delayed) the Contractor and all subcontractors that will be performing any portion of the Work. All contractors that will be performing any portion of the Work shall be union contractors. Tenant will pay all direct and indirect costs of the design and construction cost of the Tenant Improvements (subject in excess of such amount. Provided, however, that the obligation of Landlord to pay for any Tenant Improvements in excess of $2,880,000 are contingent upon there being any funds left after the Landlord’s payment construction of the Improvement Allowance Building has been completed in the “contingency” line item of the Development Budget, as provided for hereindefined in the Development Management Agreement between Landlord and HFC Holdings, LLC (not to exceed $1,000,000) (such amount, the “Contingent Allowance”). Such costs may include, without limitation, all costs of preparing If after the Space Plan, construction document preparation, design, Plans Drawings (as defined below) have been mutually agreed upon and Specifications, general conditions, labor, materials, and other construction costs, Tenant has approved the fees (on an hourly basis) of Contractor’s project manager and site superintendent bids for the Tenant Improvements, and all costs incurred in connection with obtaining permits for the Tenant Improvements. For all purposes of ownership, including risk of loss thereto, the Tenant Improvements will immediately upon installation be and remain a part of the Building and the property of Landlord, provided that as provided in Section 15 of this Lease, Landlord may require Tenant to remove same upon the expiration or earlier termination of the Lease Term. Tenant currently occupies the Premises under the Existing Sublease and Landlord permits Tenant to immediately commence construction cost of the Tenant Improvements from and after the Effective Date is estimated to exceed $2,880,000, prior to Landlord’s commencement of this Lease [subject to Tenant’s compliance with the terms and conditions of the Existing Sublease (if then applicable), including, without limitation, Tenant’s receipt of approval from Tenant’s sublessor thereunder]. Tenant shall use its best efforts to complete the Tenant Improvements on or before July 31, 2017. Notwithstanding the foregoing sentence to the contrary, as part construction of the Tenant Improvements, Tenant shall perform deposit the work necessary to separately demise difference (between the Premises from the remaining portion total estimated cost of the sixth Tenant Improvements and $2,880,000) into an escrow account with First American Title Insurance Company or another mutually agreeable escrow company (6th) floor “Escrow Holder”). The parties shall execute joint escrow instructions to the Escrow Holder which shall also be acceptable to Escrow Holder (including any “general escrow instructions” reasonably required by Escrow Holder), and which shall provide that the funds shall be distributed from escrow only upon joint written instructions from Landlord and Tenant. The cost of the Building, including the installation of a demising wall (the “Demising Work”) on or before April 1, 2017escrow shall be paid one-half by Landlord and one-half by Tenant. Tenant acknowledges that the tenant in the premises adjacent to the Premises will also be performing demising work. Tenant’s performance The first $2,880,000 of the Demising Work Allowance shall be coordinated with Landlord and Tenant shall cooperate with Landlord and/or Landlord’s contractors in all ways to ensure applied against the efficient and expeditious scheduling, staging and performance of the Demising Work. The Demising Work shall not adversely affect any construction work being performed by or for Landlord or its tenants and shall be performed in harmony with Landlord’s contractors and subcontractors and with other contractors and subcontractors in the Complex. Tenant shall impose on and enforce all applicable terms of this Tenant Improvements Agreement against Tenant’s contractors. Landlord shall have the right to order Tenant or any of Tenant’s contractors who violate the requirements imposed on Tenant or Tenant’s contractors in performing the Demising Work to cease performance of the Demising Work and to remove its equipment and employees from the Building. No such action by Landlord shall cause any extension of the Commencement Date nor relieve Tenant from any of its obligations under the Lease. Further, notwithstanding anything herein to the contrary, any delay in the completion of the Demising Work, or any interference to Tenant’s business operations or inconvenience suffered by Tenant during the performance of any adjacent tenant’s demising work shall not subject Landlord to any liability for any loss or damages resulting there from nor entitle Tenant to any credit, abatement or adjustment of Rent or other sum payable under the Lease, as amended hereby. During Tenant’s design, construction and installation actual cost of the Tenant Improvements, as such costs are incurred by Landlord. After such amount has been fully applied, Landlord shall give notice to Tenant, and any additional costs of the Tenant Improvements shall be paid from escrow. No more frequently than monthly, Landlord shall submit to Tenant a demand for a disbursement from escrow, together with copies of invoices or other documentation which shows the costs of the Tenant Improvements covered by such demand. Unless Tenant disputes that such costs are due and payable, within ten (10) days after receipt of such demand from Landlord, Tenant shall pay give Escrow Holder written instructions to disburse the amount requested (which instructions shall be joined by Landlord). If Tenant disputes the amount due, it shall direct the disbursement of any amounts not in dispute, and shall specify the basis for any disputed amounts. If Landlord agrees with the dispute, Landlord will seek to resolve the dispute with the general contractor or any applicable subcontractors. If Landlord does not agree with the dispute, Landlord shall authorize Tenant to deal directly with the general contractor or any applicable subcontractors to seek to resolve the dispute. Any costs or expenses incurred by Landlord which result from a dispute which is not resolved in favor of the Tenant shall be paid or reimbursed by Tenant to Landlord on demand. If the Property is encumbered by any mechanics lien as a result of a dispute by Tenant which is not agreed to by Landlord, Tenant shall, at its expense, promptly pay-off or bond around such lien. After final completion of the Landlord Improvements or the Tenant Improvements, the Tenant Improvements shall be reconciled with the total amount applied from the Allowance and the total amount disbursed to Landlord from escrow. If the total cost of the Tenant Improvements exceeded $2,880,000, and if any portion of the Contingent Allowance is available, then such amount, not to exceed $1,000,000, shall be promptly paid by Landlord to Tenant. If after approval of the Drawings (as defined below), Tenant shall desire any changes to the Tenant Improvements it shall follow the procedure for Change Orders described in Paragraph 1(b) above. Any and all Building services costs of reviewing any Change Order Request relative to the Tenant Improvements, and utilitiesany and all costs of making any changes to the Tenant Improvements which Tenant may request and which Landlord shall approve shall be at Tenant's sole cost and expense, if and shall be paid to Landlord upon demand and before commencement of the work covered by the Change Order. Landlord shall proceed with and complete the construction of the Tenant Improvements in a good and workmanlike manner in accordance with all legal requirements and any Drawings prepared and approved by the parties as described below. The construction of the Tenant Improvements shall, to the extent requiredpossible, (i) in accordance be coordinated with the Existing Sublease from construction of the Effective Date through March 31Landlord Improvements. The Landlord Improvements shall not be deemed to have achieved Substantial Completion until the Tenant Improvements shall also have been Substantially Completed (also to be based upon the opinion of the Architect of Record). The Landlord and Tenant shall work together to prepare designs and construction drawings (collectively, 2017the “Drawings”) for the Tenant Improvements and any such Drawings must be mutually approved by Landlord and Tenant before work is commenced. The cost of such designs and drawings shall be part of the allowance described above. After the Drawings are mutually approved, the Tenant Improvements will be put out to bid, and (ii) in accordance with this Lease from the amount of the bids will be presented to Tenant for approval. Landlord will competitively bid all Tenant Improvements and after April 1, 2017will disclose such bids to Tenant on an "open book" basis. The Tenant Improvements will not be constructed until Tenant has approved the bids.
Appears in 2 contracts
Samples: Lease Agreement (Skechers Usa Inc), Limited Liability Company Agreement (Skechers Usa Inc)
Tenant Improvements. All Tenant will cause to Improvements shall be constructedperformed by Tenant’s contractors, at Tenant’s sole and direct cost and expense (subject to Landlord’s payment of the Improvement Allowance), the Tenant Improvements. The Tenant Improvements will be designed and constructed as described in this Exhibit “D”. Tenant will select the Contractor obligations with respect to be the general contractor to perform the Work. Landlord shall have the right to approve (such approval not to be unreasonably withheld, conditioned or delayed) the Contractor and all subcontractors that will be performing any portion of the Work. All contractors that will be performing any portion of TI Allowance) and in accordance with the Work shall be union contractors. Tenant will pay all direct and indirect costs of the design and construction of the Tenant Improvements Approved Plans (subject to the Landlord’s payment of the Improvement Allowance as provided for hereindefined below). Such costs may include, without limitation, all costs of preparing the Space Plan, construction document preparation, design, Plans and Specifications, general conditions, labor, materials, and other construction costs, the fees (on an hourly basis) of Contractor’s project manager Lease and site superintendent for the Tenant Improvements, and all costs incurred in connection with obtaining permits for the Tenant Improvementsthis Work Letter. For all purposes of ownership, including risk of loss thereto, the Tenant Improvements will immediately upon installation be and remain a part of the Building and the property of Landlord, provided that as provided in Section 15 of this Lease, Landlord may require Tenant to remove same upon the expiration or earlier termination of the Lease Term. Tenant currently occupies the Premises under the Existing Sublease and Landlord permits Tenant to immediately commence construction of the Tenant Improvements from and after the Effective Date of this Lease [subject to Tenant’s compliance with the terms and conditions of the Existing Sublease (if then applicable), including, without limitation, Tenant’s receipt of approval from Tenant’s sublessor thereunder]. Tenant shall use its best efforts to complete the Tenant Improvements on or before July 31, 2017. Notwithstanding the foregoing sentence to the contrary, as As part of the Tenant Improvements, with Landlord’s approval, Tenant shall perform the work necessary to separately demise the Premises from the remaining portion may locate a Generator (as defined in Section 16.2 of the sixth (6thLease) floor at the Project or on the roof of the Building, including the installation of Building in a demising wall (the “Demising Work”) on or before April 1, 2017. Tenant acknowledges that the tenant in the premises adjacent location to the Premises will also be performing demising work. Tenant’s performance of the Demising Work shall be coordinated with agreed upon by Landlord and Tenant shall cooperate with Landlord and/or Landlord’s contractors in all ways to ensure during the efficient and expeditious scheduling, staging and performance design of the Demising WorkTenant Improvements. The Demising cost of maintaining, repairing and replacing the Generator shall be Tenant’s sole responsibility. To the extent that the total projected cost of the Tenant Improvements (as reasonably projected by Tenant) exceeds the TI Allowance (such excess, the “Excess TI Costs”), Tenant shall pay such Excess TI Costs. Tenant shall pay all costs of the Tenant Improvements as such costs become due and Landlord (upon receipt of a Reimbursement Request (as defined in Section 6.3) and the accompanying materials required by Section 6.3) shall reimburse Tenant on a pari passu basis, in the proportion of the TI Allowance payable by Landlord to the total projected costs of the Tenant Improvements. If Tenant fails to pay, or is late in paying, any sum due under this Work Letter, then Landlord may, but shall not adversely affect be obligated to, pay such sums and collect the same from Tenant and shall have all of the rights and remedies set forth in the Lease for nonpayment of Rent (including the right to interest and the right to assess a late charge), and for purposes of any construction work being performed litigation instituted with regard to such amounts the same shall be considered Rent. All material and equipment furnished by or for Landlord Tenant or its tenants and contractors as the Tenant Improvements shall be new or “like new;” the Tenant Improvements shall be performed in harmony with Landlord’s contractors a good and subcontractors workmanlike manner; and with other contractors and subcontractors in the Complex. Tenant Improvements shall be of Class A quality Tenant shall impose on take, and enforce all applicable terms of this Tenant Improvements Agreement against Tenant’s contractors. Landlord shall have require its contractors to take, commercially reasonable steps to protect the right to order Tenant or any of Tenant’s contractors who violate the requirements imposed on Tenant or Tenant’s contractors in performing the Demising Work to cease performance of the Demising Work and to remove its equipment and employees from the Building. No such action by Landlord shall cause any extension of the Commencement Date nor relieve Tenant from any of its obligations under the Lease. Further, notwithstanding anything herein to the contrary, any delay in the completion of the Demising Work, or any interference to Tenant’s business operations or inconvenience suffered by Tenant Premises during the performance of any adjacent tenant’s demising work shall not subject Landlord to any liability for any loss or damages resulting there from nor entitle Tenant to any credit, abatement or adjustment of Rent or other sum payable under the Lease, as amended hereby. During Tenant’s design, construction and installation of the Tenant Improvements, Tenant shall pay for all Building services and utilitiesincluding covering or temporarily removing any window coverings so as to guard against dust, if and to the extent required, (i) in accordance with the Existing Sublease from the Effective Date through March 31, 2017, and (ii) in accordance with this Lease from and after April 1, 2017debris or damage.
Appears in 2 contracts
Samples: Sublease Agreement (Natera, Inc.), Sublease Agreement (Natera, Inc.)
Tenant Improvements. Alterations in the Premises shall be installed and constructed in accordance with the terms of Article 5 of the Original Lease and such Alterations must include upgrading the elevator lobbies (including upgrading the finishes therein) on each full floor portion of the Premises. In connection with Tenant’s construction of any Alterations in the Premises using the Landlord’s Contribution (as defined in Section 9 below) and in addition to the costs due under Section 5.5 of the Original Lease, Tenant will cause agrees to be constructedpay Landlord a construction management fee equal to two percent (2%) of all soft and hard costs incurred by Tenant in designing and constructing such Alterations. In accordance with Section 5.3 of the Original Lease, Tenant shall, at Tenant’s sole cost and expense expense, remove any Alterations that are not customary general office tenant alterations (subject to Landlord’s payment of the Improvement Allowance), the Tenant Improvements. The Tenant Improvements will be designed and constructed as described in this Exhibit “D”. Tenant will select the Contractor to be the general contractor to perform the Work. Landlord shall have the right to approve (such approval not to be unreasonably withheld, conditioned or delayed) the Contractor and all subcontractors that will be performing any portion of the Work. All contractors that will be performing any portion of the Work shall be union contractors. Tenant will pay all direct and indirect costs of the design and construction of the Tenant Improvements (subject to the Landlord’s payment of the Improvement Allowance as provided for herein). Such costs which may include, without limitationbut not be limited to, all costs of preparing supplemental cooling units, lab spaces, enhanced cabling, executive restrooms or internal stairwells installed within the Space PlanPremises), construction document preparation, design, Plans and Specifications, general conditions, labor, materials, and other construction costs, the fees (on an hourly basis) of Contractor’s project manager and site superintendent for the provided Landlord has notified Tenant Improvements, and all costs incurred that it will be required to remove such Alterations in connection accordance with obtaining permits for the Tenant Improvements. For all purposes of ownership, including risk of loss thereto, the Tenant Improvements will immediately upon installation be and remain a part Section 5.3 of the Building and the property Original Lease. Within three (3) business days of Landlord, provided that as provided in Section 15 of this Lease, Landlord may require Tenant to remove same upon the expiration or earlier termination Tenant’s substantial completion of the Lease Term. Tenant currently occupies the Premises under the Existing Sublease and Landlord permits Tenant to immediately commence construction of the Tenant Improvements from and after the Effective Date of this Lease [subject to Tenant’s compliance with the terms and conditions of the Existing Sublease (if then applicable)Alterations, including, without limitation, Tenant’s receipt of approval from Tenant’s sublessor thereunder]. Tenant shall use its best efforts to complete the Tenant Improvements on or before July 31, 2017. Notwithstanding the foregoing sentence to the contrary, as part of the Tenant Improvements, Tenant shall perform the work necessary to separately demise the Premises from the remaining portion of the sixth (6th) floor of the Building, including the installation of a demising wall (the “Demising Work”) on or before April 1, 2017. Tenant acknowledges that the tenant in the premises adjacent to the Premises will also be performing demising work. Tenant’s performance of the Demising Work shall be coordinated with Landlord and Tenant shall cooperate with Landlord and/or Landlord’s contractors in all ways to ensure the efficient and expeditious scheduling, staging and performance conduct a walk-through of the Demising Work. The Demising Work shall not adversely affect Premises and Building and identify any construction work being performed damage to the Building Systems or any Common Areas caused by or for Landlord or its tenants the Alterations (the “Building Punchlist Items”) and shall be performed in harmony with Landlord’s contractors and subcontractors and with other contractors and subcontractors in the Complex. Tenant shall impose on and enforce all applicable terms of this Tenant Improvements Agreement against complete, at Tenant’s contractors. Landlord shall have the right to order Tenant or any of Tenant’s contractors who violate the requirements imposed on Tenant or Tenant’s contractors in performing the Demising Work to cease performance of the Demising Work sole cost and to remove its equipment and employees from the Building. No such action by Landlord shall cause any extension of the Commencement Date nor relieve Tenant from any of its obligations under the Lease. Furtherexpense, notwithstanding anything herein to the contrary, any delay in the completion of the Demising Work, or any interference to Tenant’s business operations or inconvenience suffered by Tenant during the performance of any adjacent tenant’s demising work shall not subject Landlord to any liability for any loss or damages resulting there from nor entitle Tenant to any credit, abatement or adjustment of Rent or other sum payable under the Lease, as amended hereby. During Tenant’s design, construction and installation of the Tenant Improvements, Tenant shall pay for all Building services Punchlist Items within thirty (30) days after such walk-through or such longer period of time as may be reasonably necessary to complete the Building Punchlist Items as long as such work commences within such thirty (30) day period and utilities, if and is diligently prosecuted to the extent required, (i) in accordance with the Existing Sublease from the Effective Date through March 31, 2017, and (ii) in accordance with this Lease from and after April 1, 2017completion.
Appears in 1 contract
Samples: Lease (Mindspeed Technologies, Inc)
Tenant Improvements. Tenant will cause to be constructed, Landlord at TenantLandlord’s sole cost and expense shall provide the “Base Building” improvements as outlined in Exhibit B. In addition, Landlord agrees to construct the Premises and Site improvements, per Exhibit B, appurtenant thereto (subject to Landlord’s payment of collectively the Improvement Allowance“Improvements”), the Tenant Improvements. The Tenant Improvements which will be designed and constructed as described to the specifications of the Tenant. Landlord will contribute a total amount of Three Hundred-Fifty thousand dollars ($350,000.00) towards the Improvements (the “Improvement Allowance”). All improvements and any funds to be spent on construction per the approved Final Plans and Specs, per Exhibit B, and any modifications made hereto must be pre-approved by Tenant. Landlord will require one half (1/2) of Tenant’s portion of Tenant Improvement monies (per the most recent build-out estimate) be paid upon Lease Execution. The remaining one half (1/2) of the Tenant’s portion of Tenant Improvement monies shall be paid by Tenant sixty days (60) after Lease Execution. All funds paid by Tenant pursuant to this section shall be held in this Exhibit “D”the non-bearing escrow account of Lowndes, Drosdick, Doster, Xxxxxx & Xxxx, PA, Landlord shall submit all invoices to Tenant. Tenant will select shall have twenty-four hours to inform Landlord that it reasonably agrees or disagrees with payment of the Contractor invoice. If the twenty-four hour period ends after 5:00 p.m. on Friday, the time period shall be extended to be Monday at 5:00 p.m. for which to respond (“Response Period”). If Tenant fails to respond in the general contractor to perform the Work. Response Period, Landlord shall have the right to approve (pay such invoices and the escrow agent shall have authority to release such funds. Landlord will forward copies of all contracts and invoices with regard to the improvements to the Premises to Tenant. Landlord will provide, to the best of knowledge, all overages, as they are incurred and prior to the work being done. At time of completion Landlord will adjust charges per the final project cost, and either issue a credit or invoice Tenant for any difference. Landlord will keep all funds contributed by Tenant in an escrow account that will only be reduced by charges that are the result of improvements to Tenant’s space. Tenant may request Landlord to bid and award the Improvements contract with another general contractor or subcontractor of Tenant’s choice, said contractor subject to the final approval of Landlord, which will not to be unreasonably withheld, conditioned or delayed) the Contractor and all subcontractors that will be performing any portion of the Work. All contractors that will be performing any portion of the Work shall be union contractors. Tenant will pay all direct and indirect costs of the design and construction of the Tenant Improvements (subject to the Landlord’s payment of the Improvement Allowance as provided for herein). Such costs may include, without limitation, all costs of preparing the Space Plan, construction document preparation, design, Plans and Specifications, general conditions, labor, materials, and other construction costs, the fees (on an hourly basis) of Contractor’s project manager and site superintendent for the Tenant Improvements, and all costs incurred in connection with obtaining permits for the Tenant Improvements. For all purposes of ownership, including risk of loss thereto, the Tenant Improvements will immediately upon installation be and remain a part of the Building and the property of Landlord, provided that as provided in Section 15 of this Lease, Landlord may require Tenant to remove same upon the expiration or earlier termination of the Lease Term. Tenant currently occupies the Premises under the Existing Sublease and Landlord permits Tenant to immediately commence construction of the Tenant Improvements from and after the Effective Date of this Lease [subject to Tenant’s compliance with the terms and conditions of the Existing Sublease (if then applicable), including, without limitation, Tenant’s receipt of approval from Tenant’s sublessor thereunder]. Tenant shall use its best efforts to complete the Tenant Improvements on or before July 31, 2017. Notwithstanding the foregoing sentence to the contrary, as part of the Tenant Improvements, Tenant shall perform the work necessary to separately demise the Premises from the remaining portion of the sixth (6th) floor of the Building, including the installation of a demising wall (the “Demising Work”) on or before April 1, 2017. Tenant acknowledges that the tenant in the premises adjacent to the Premises will also be performing demising work. Tenant’s performance of the Demising Work shall be coordinated with Landlord and Tenant shall cooperate with Landlord and/or Landlord’s contractors in all ways to ensure the efficient and expeditious scheduling, staging and performance of the Demising Work. The Demising Work shall not adversely affect any construction work being performed by or for Landlord or its tenants and shall be performed in harmony with Landlord’s contractors and subcontractors and with other contractors and subcontractors in the Complex. Tenant shall impose on and enforce all applicable terms of this Tenant Improvements Agreement against Tenant’s contractors. Landlord shall have the right to order Tenant or any of Tenant’s contractors who violate the requirements imposed on Tenant or Tenant’s contractors in performing the Demising Work to cease performance of the Demising Work and to remove its equipment and employees from the Building. No such action by Landlord shall cause any extension of the Commencement Date nor relieve Tenant from any of its obligations under the Lease. Further, notwithstanding anything herein to the contrary, any delay in the completion of the Demising Work, or any interference to Tenant’s business operations or inconvenience suffered by Tenant during the performance of any adjacent tenant’s demising work shall not subject Landlord to any liability for any loss or damages resulting there from nor entitle Tenant to any credit, abatement or adjustment of Rent or other sum payable under the Lease, as amended hereby. During Tenant’s design, construction and installation of the Tenant Improvements, Tenant shall pay for all Building services and utilities, if and to the extent required, (i) in accordance with the Existing Sublease from the Effective Date through March 31, 2017, and (ii) in accordance with this Lease from and after April 1, 2017.
Appears in 1 contract
Tenant Improvements. Unless specified otherwise herein, Tenant will cause to be constructed, at Tenant’s sole shall bear and pay the cost and expense (subject to Landlord’s payment of the Improvement Allowance), the Tenant Improvements. The Tenant Improvements will be designed and constructed as described in this Exhibit “D”. Tenant will select the Contractor to be the general contractor to perform the Work. Landlord shall have the right to approve (such approval not to be unreasonably withheld, conditioned or delayed) the Contractor and all subcontractors that will be performing any portion of the Work. All contractors that will be performing any portion of the Work shall be union contractors. Tenant will pay all direct and indirect costs of the design and construction of the Tenant Improvements (subject to the Landlord’s payment of the Improvement Allowance as provided for herein). Such costs may which cost shall include, without limitation, all the costs of preparing construction as provided for in the Space PlanTenant Improvement Contractor’s contract, construction document preparationthe cost of permits, and all architectural, design, Plans and Specifications, general conditions, labor, materialsspace planning, and other construction costs, the fees (on an hourly basis) of Contractor’s project manager and site superintendent for the engineering services obtained by Tenant in connection with Tenant Improvements, office improvements, wiring and all costs incurred cabling costs, and cubicle costs; provided that so long as Tenant is not in monetary or material non-monetary default under the Lease with respect to which it has received written notice from Landlord, Landlord shall contribute a maximum of $60 per rentable square foot, for an aggregate maximum of $17,400,0004 (the “Tenant Improvement Allowance”), which shall be utilized only for improvements to the Building, and for any related “soft costs,” including but not limited to design fees, consulting fees for audio/visual, cabling, telephone, security and computer systems; mechanical/electrical engineers’ fees; and construction management (the “TI Costs”). The foregoing shall not be read to prevent Tenant from curing the applicable default and then being entitled to the applicable disbursement(s) once the default is cured if such cure is completed within the applicable cure period, if any, expressly set forth in this Work Letter or the Lease. The Tenant Improvement Allowance shall be available to Tenant only until October 31, 2018 (the “TI Allowance Deadline”). Landlord shall have no further obligation to make disbursements of the Tenant Improvement Allowance with respect to requests for disbursements made by Tenant after the TI Allowance Deadline; provided, however, that Landlord will remain obligated to honor requests for disbursement properly made by Tenant prior to the TI Allowance Deadline. There shall be no construction management fee or architectural review fee charged by Landlord in connection with obtaining permits for the Tenant Improvements. For all purposes Subject to such deadline:
(i) Not later than the 25th day of ownershipeach month Tenant may submit applications for payment to Landlord in a form reasonably acceptable to Landlord, including risk Tenant Improvement Contractor’s Application and Certification for Payment AIA G702 certified by Tenant Improvement Architect, certified as correct by an authorized representative of loss theretoTenant and by Tenant’s architect, for payment of that portion of the TI Costs allocable to the prior month. Each application for payment shall set forth such information and shall be accompanied by such supporting documentation as shall be reasonably requested by Landlord, including the following:
(A) Invoices.
(B) Fully executed conditional lien releases in the form prescribed by law from the Tenant Improvements will immediately upon installation Improvement Contractor and all subcontractors and suppliers furnishing labor or materials during such period and fully executed unconditional lien releases from all such entities covering the prior payment period.
(C) Tenant Improvement Contractor’s worksheets showing percentages of completion.
(D) Tenant Improvement Contractor’s certification as follows: 4 Based on the Leased Premises containing 290,000 rentable square feet, and subject to measurement as described in the “Leased Premises” definition in the Lease, and adjustment. Building E “There are no known mechanics’ or materialmen’s liens outstanding at the date of this application for payment, all due and payable bills with respect to the Building have been paid to date or shall be paid from the proceeds of this application for payment, and remain a part there is no known basis for the filing of any mechanics’ or materialmen’s liens against the Building or the Property, and, to the best of our knowledge, waivers from all subcontractors are valid and constitute an effective waiver of lien under applicable law to the extent of payments that have been made or shall be made concurrently herewith.”
(ii) On or before the 30th day following submission of the Building and application for payment, so long as Tenant is not in default under the property terms of Landlordthis Work Letter or the Leases, Landlord shall pay the amount so requested (but in no event more than $60 per square foot for the applicable space under construction), provided that at such time as provided in Section 15 Landlord has paid the entire Tenant Improvement Allowance on account of this Leasesuch Tenant Improvement work, all xxxxxxxx shall be paid entirely by Tenant. Notwithstanding the foregoing, Landlord may require Tenant shall have no obligation to remove same upon the expiration or earlier termination of the Lease Term. Tenant currently occupies the Premises under the Existing Sublease and Landlord permits Tenant to immediately commence construction make disbursements of the Tenant Improvements from and after Improvement Allowance at any time that Landlord has delivered written notice of a monetary or material non-monetary default under the Effective Date of Lease or this Lease [subject to Tenant’s compliance with the terms and conditions of the Existing Sublease (if then applicable), including, without limitation, Tenant’s receipt of approval from Tenant’s sublessor thereunder]Work Letter by Tenant until such default has been cured. Tenant shall use its best efforts to complete the Tenant Improvements on or before July 31, 2017. Notwithstanding the foregoing sentence to the contrary, as part If upon completion of the Tenant ImprovementsImprovement Work and payment in full to the Tenant Improvement Contractor, Tenant shall perform the work necessary to separately demise architect and engineer, and payment in full of all fees and permits, the Premises from the remaining portion of the sixth (6th) floor cost of the BuildingTenant Improvement Work, including architects’ and engineers’ fees, permits and fees theretofore paid by Landlord is less than the installation of a demising wall (the “Demising Work”) on or before April 1Tenant Improvement Allowance, 2017. Landlord shall reimburse Tenant acknowledges that the tenant in the premises adjacent for costs expended by Tenant for Tenant Improvement work up to the Premises will also be performing demising work. Tenant’s performance amount by which the Tenant Improvement Allowance exceeds the portion of the Demising Work shall be coordinated with Landlord and Tenant shall cooperate with Landlord and/or such cost theretofore paid by Landlord’s contractors in all ways to ensure the efficient and expeditious scheduling, staging and performance of the Demising Work. The Demising Work shall not adversely affect any construction work being performed by or for Landlord or its tenants and shall be performed in harmony with Landlord’s contractors and subcontractors and with other contractors and subcontractors in the Complex. Tenant shall impose on and enforce all applicable terms of this Tenant Improvements Agreement against Tenant’s contractors. Landlord shall have no obligation to advance the right to order Tenant or any of Tenant’s contractors who violate the requirements imposed on Tenant or Tenant’s contractors in performing the Demising Work to cease performance of the Demising Work and to remove its equipment and employees from the Building. No such action by Landlord shall cause any extension of the Commencement Date nor relieve Tenant from any of its obligations under the Lease. Further, notwithstanding anything herein Improvement Allowance to the contrary, any delay in extent it exceeds the completion of the Demising Work, or any interference to Tenant’s business operations or inconvenience suffered by Tenant during the performance of any adjacent tenant’s demising work shall not subject Landlord to any liability for any loss or damages resulting there from nor entitle Tenant to any credit, abatement or adjustment of Rent or other sum payable under the Lease, as amended hereby. During Tenant’s design, construction and installation total cost of the Tenant ImprovementsImprovement Work. In no event shall Landlord have any responsibility for the cost of the Tenant Improvement Work in excess of the Improvement Allowance. Landlord shall have no obligation to make any payments to Tenant Improvement Contractor’s material suppliers or subcontractors or to determine whether amounts due them from Tenant Improvement Contractor in connection with the Tenant Improvement work have, in fact, been paid. The foregoing shall not be read to prevent Tenant shall pay for all Building services from curing the applicable default and utilitiesthen being entitled to the applicable disbursement once the default is cured if such cure is completed within the applicable cure period, if and to any, expressly set forth in this Work Letter or the extent required, (i) in accordance with the Existing Sublease from the Effective Date through March 31, 2017, and (ii) in accordance with this Lease from and after April 1, 2017Lease.
Appears in 1 contract
Tenant Improvements. Tenant will cause to be constructed(a) Landlord shall, at Tenant’s its sole cost expense, construct the base building work identified on Exhibit "B" attached hereto and expense made a part hereof (subject to Landlord’s payment of the Improvement Allowance"BASE BUILDING WORK"), the Tenant Improvements. The Tenant Improvements will be designed and constructed as described in this Exhibit “D”. Tenant will select the Contractor to be the general contractor to perform the Work. Landlord shall have secure all necessary permits and comply with all applicable laws in connection therewith (but excluding any permits and approvals required for the right performance of the Tenant Improvements as hereinafter defined). Landlord shall substantially complete the "Preliminary Base Building Work" identified on Exhibit "B-1" on or prior to approve November 1,1999. "SUBSTANTIAL COMPLETION" is defined as that point in time when Landlord's architect certifies that construction of the Preliminary Base Building Work is complete except for (such approval not i) any improvements or work to be unreasonably withheldperformed by Tenant; (ii) minor or insubstantial details of construction, conditioned mechanical adjustments, or delayedfinishing touches, which items shall not adversely affect Tenant's conduct of its ordinary business activities in the Premises; (iii) the Contractor items not then completed because of Tenant Delays and all subcontractors that will (iv) items to be performing any portion of the Work. All contractors that will be performing any portion of the Work shall be union contractors. Tenant will pay all direct and indirect costs of the design and performed by Landlord contemporaneously with Tenant's construction of the Tenant Improvements (subject as hereinafter defined), namely, all Base Building Work other than the Preliminary Base Building Work. "TENANT DELAY" is defined as delay directly impacting Landlord's ability to timely achieve Substantial Completion which is caused by Tenant, provided, however, in no event shall Tenant Delay be claimed as a basis for relief from the provisions specified above unless and until Landlord has first given Tenant notice that it intends to claim delay as a result of Tenant's acts or failure to timely act. Except for the Base Building Work, Landlord shall have no obligation to perform any improvements to the Demised Premises to prepare the space for Tenant's occupancy, and Tenant acknowledges that, except for the Base Building Work to be completed by Landlord’s payment of , Tenant has inspected the Improvement Allowance as provided for herein). Such costs may includeDemised Premises and accepts the same in its "AS IS" condition, without limitation, all costs of preparing the Space Plan, construction document preparation, design, Plans and Specifications, general conditions, labor, materials, and other construction costs, the fees (on an hourly basis) of Contractor’s project manager and site superintendent for the Tenant Improvements, and all costs incurred in connection with obtaining permits for the Tenant Improvements. For all purposes of ownership, including risk of loss thereto, the Tenant Improvements will immediately upon installation be and remain a part of the Building and the property of any representation or warranty by Landlord, provided that as provided in Section 15 of this Lease, Landlord may require Tenant to remove same upon the expiration or earlier termination of the Lease Term. Tenant currently occupies the Premises under the Existing Sublease and Landlord permits Tenant to immediately commence construction of the Tenant Improvements from and after the Effective Date of this Lease [subject to Tenant’s compliance with the terms and conditions of the Existing Sublease (if then applicable), including, without limitation, Tenant’s receipt of approval from Tenant’s sublessor thereunder]. Tenant shall use its best efforts to complete the Tenant Improvements on or before July 31, 2017. Notwithstanding the foregoing sentence be entitled to the contrary, as part of the Tenant Improvements, Tenant shall perform the work necessary to separately demise the Premises from the remaining portion of the sixth (6th) floor of the Building, including the installation of a demising wall (the “Demising Work”) on or before April 1, 2017. Tenant acknowledges that the tenant in the premises adjacent to the Premises will also be performing demising work. Tenant’s performance of the Demising Work shall be coordinated with Landlord and Tenant shall cooperate with Landlord and/or Landlord’s contractors in all ways to ensure the efficient and expeditious scheduling, staging and performance of the Demising Work. The Demising Work shall not adversely affect any construction work being performed by or for Landlord or its tenants and shall be performed in harmony with Landlord’s contractors and subcontractors and with other contractors and subcontractors in the Complex. Tenant shall impose on and enforce all applicable terms of this Tenant Improvements Agreement against Tenant’s contractors. Landlord shall have the right to order Tenant or any of Tenant’s contractors who violate the requirements imposed on Tenant or Tenant’s contractors in performing the Demising Work to cease performance of the Demising Work and to remove its equipment and employees from the Building. No such action by Landlord shall cause any extension of the Commencement Date nor relieve Tenant from any of its obligations under the Lease. Further, notwithstanding anything herein to the contrary, any delay in the completion of the Demising Work, or any interference to Tenant’s business operations or inconvenience suffered by Tenant during the performance benefit of any adjacent tenant’s demising work shall not subject Landlord to any liability for any loss or damages resulting there from nor entitle Tenant to any creditcontractor warranties, abatement or adjustment of Rent or other sum payable under the Lease, as amended hereby. During Tenant’s design, construction and installation of the Tenant Improvements, Tenant shall pay for all Building services and utilities, if and to the extent requiredassignable, (i) in accordance with respect to the Existing Sublease from the Effective Date through March 31, 2017, and (ii) in accordance with this Lease from and after April 1, 2017Base Building Work.
Appears in 1 contract
Tenant Improvements. Tenant will cause to be constructedPromptly after the Execution Date, Landlord, at Tenant’s sole cost and expense (subject expense, shall commence and diligently pursue completion of the Tenant Improvements to be constructed by it on the Premises. Upon Landlord’s payment receipt of the Improvement Allowance), contractor’s estimate of the costs for construction of the Tenant Improvements, Landlord shall send Tenant a copy of that bid. The If the bid for the cost of construction for the Tenant Improvements will be designed and constructed as described in this Exhibit “D”. exceeds the Tenant will select Upfit Allowance, Tenant shall, upon written notice to Landlord given within three (3) business days of Tenant’s receipt of the Contractor to be the general contractor to perform the Work. Landlord shall bid, have the right to approve (such approval not to be unreasonably withheld, conditioned or delayed) the Contractor and all subcontractors that will be performing any portion of the Work. All contractors that will be performing any portion of the Work shall be union contractors. Tenant will pay all direct and indirect costs of the design and construction of have the Tenant Improvements (subject rebid. If the rebid is lower, Tenant shall be entitled to the Landlord’s payment of the Improvement Allowance as provided for herein). Such costs may include, without limitation, all costs of preparing the Space Plan, construction document preparation, design, Plans and Specifications, general conditions, labor, materials, and other construction costs, the fees (on an hourly basis) of Contractor’s project manager and site superintendent for the Tenant Improvements, and all costs incurred in connection with obtaining permits for the Tenant Improvements. For all purposes of ownership, including risk of loss thereto, have the Tenant Improvements will immediately upon installation be completed by the contractor submitting the rebid; provided, that that contractor is properly licensed and remain a part of the Building and the property of is otherwise reasonably acceptable to Landlord, provided that as provided in Section 15 of this Lease, . Landlord may require Tenant to remove same upon the expiration or earlier termination of the Lease Term. Tenant currently occupies the Premises under the Existing Sublease and Landlord permits Tenant to immediately shall not commence construction of the Tenant improvements until the bid or rebid, as the case may be, is approved by the Tenant. All Tenant Improvements shall be constructed in substantial accord with Schedule C (as approved by the parties), in a workmanlike manner, and otherwise in substantial compliance with all applicable building, fire, health, and sanitary codes and regulations, and shall be performed by a licensed general contractor selected by Landlord and reasonably acceptable to Tenant. Once approved, no material changes to the Tenant Improvements may be made without the written consent of both parties, which shall not be unreasonably withheld, conditioned, or delayed. All approved changes shall be made in the form of a change order (“Change Order”) setting forth the increased costs, if any, caused by the change and specifying any anticipated delay relating to that Change Order. Landlord shall be entitled to receive a supervision fee from Tenant on all Qualifying Change Orders (defined below) equal to the greater of: (i) seven percent (7.0%) of the amount of the Change Order; and (ii) $50.00. “Qualifying Change Orders” includes all Tenant requested Change Orders after the Effective Date third one and all Change Order(s) after the total increased costs, in the aggregate, for the Tenant requested Change Order(s) exceeds $25,000.00. Tenant shall reimburse Landlord for any increased costs, including any applicable supervision fees, within thirty (30) days of this Lease [subject to Tenant’s compliance with the terms and conditions of the Existing Sublease (if then applicable), including, without limitation, Tenant’s receipt of approval the invoice from Tenant’s sublessor thereunder]Landlord for those increased costs. Tenant shall use its best efforts to complete Unless otherwise noted in writing in Schedule C or in the applicable Change Order, the Tenant Improvements shall remain and be surrendered with the Premises on expiration of the Lease. If Schedule C or before July 31the Change Order provides that certain improvements are not to be surrendered, 2017. Notwithstanding Tenant, at its sole cost, shall, upon termination of the foregoing sentence Lease, remove those Tenant Improvements which are not to remain and repair all damage to the contrary, as part Premises caused by their removal. This obligation shall survive a termination of the Tenant ImprovementsLease. Except as otherwise stipulated by the parties, during the Term, Tenant shall perform the work necessary to separately demise the Premises from the remaining portion of the sixth (6th) floor of the Building, including the installation of a demising wall (the “Demising Work”) on or before April 1, 2017. Tenant acknowledges that the tenant in the premises adjacent be responsible for any ad valorem taxes relating to the Premises will also be performing demising work. Tenant’s performance of the Demising Work shall be coordinated with Landlord and Tenant shall cooperate with Landlord and/or Landlord’s contractors in all ways to ensure the efficient and expeditious scheduling, staging and performance of the Demising Work. The Demising Work shall not adversely affect any construction work being performed by or for Landlord or its tenants and shall be performed in harmony with Landlord’s contractors and subcontractors and with other contractors and subcontractors in the Complex. Tenant shall impose on and enforce all applicable terms of this Tenant Improvements Agreement against Tenant’s contractors. Landlord shall have the right whether such are to order Tenant remain or any of Tenant’s contractors who violate the requirements imposed on Tenant or Tenant’s contractors in performing the Demising Work to cease performance of the Demising Work and to remove its equipment and employees from the Building. No such action by Landlord shall cause any extension of the Commencement Date nor relieve Tenant from any of its obligations under the Lease. Further, notwithstanding anything herein to the contrary, any delay in the completion of the Demising Work, or any interference to Tenant’s business operations or inconvenience suffered by Tenant during the performance of any adjacent tenant’s demising work shall not subject Landlord to any liability for any loss or damages resulting there from nor entitle Tenant to any credit, abatement or adjustment of Rent or other sum payable under the Lease, as amended hereby. During Tenant’s design, construction and installation of the Tenant Improvements, Tenant shall pay for all Building services and utilities, if and to the extent required, (i) in accordance with the Existing Sublease from the Effective Date through March 31, 2017, and (ii) in accordance with this Lease from and after April 1, 2017be removed.
Appears in 1 contract
Samples: Sublease Agreement (Larscom Inc)
Tenant Improvements. 4.1 Prior to entering upon the Premises, Tenant will cause shall furnish to Landlord evidence satisfactory to Landlord that insurance coverages required of Tenant under the provisions of Section 20 are in effect, and such entry shall be constructed, at Tenant’s sole cost and expense (subject to Landlord’s all the terms and conditions of this Lease other than the payment of Basic Annual Rent or Additional Rent (as defined below).
4.2 Tenant hereby acknowledges that Tenant knows the Improvement Allowance)condition of the Premises and agrees to accept the same in “as is” condition. It is understood and agreed that Landlord is not obligated to install any equipment, or make any repairs, improvements or alterations to the Tenant Improvements. The Tenant Improvements will be designed and constructed as described in this Exhibit “D”Premises. Tenant will select the Contractor to be the general contractor to perform the Work. Landlord shall have the right to approve (such approval not to be unreasonably withheld, conditioned or delayed) the Contractor make appropriate repairs and all subcontractors that will be performing any portion of the Work. All contractors that will be performing any portion of the Work shall be union contractors. Tenant will pay all direct and indirect costs of the design and construction of the Tenant Improvements (subject improvements to the Landlord’s payment of the Improvement Allowance as provided for herein). Such costs may include, without limitation, all costs of preparing the Space Plan, construction document preparation, design, Plans and Specifications, general conditions, labor, materials, and other construction costs, the fees (on an hourly basis) of Contractor’s project manager and site superintendent for the Tenant Improvements, and all costs incurred Premises in connection with obtaining permits for the Tenant Improvements. For all purposes of ownership, including risk of loss thereto, the Tenant Improvements will immediately upon installation be and remain a part of the Building and the property of Landlord, provided that as provided in Section 15 of this Lease, Landlord may require Tenant to remove same upon the expiration or earlier termination of the Lease Term. Tenant currently occupies the Premises under the Existing Sublease and Landlord permits Tenant to immediately commence construction of the Tenant Improvements from and after the Effective Date of this Lease [subject to Tenant’s compliance accordance with the terms and conditions of Section 17 hereof (“Tenant Improvements”). Tenant shall be responsible for performing and completing the Existing Sublease Tenant Improvements. Upon the Term Commencement Date, Landlord shall pay to Tenant a tenant improvement allowance (if then applicable)“Tenant Improvement Allowance”) in the amount of $1,700,000.00 to cover the reasonable cost of constructing Tenant’s Tenant Improvements to the Premises and related fees and expenses, including, without limitationbut not limited to, labor, materials, space planning, construction documents, permits, fees, construction management, etc, as such costs may be demonstrated by Tenant to the reasonable satisfaction of Landlord. All improvements shall be subject to the requirements of the Lease with respect to alternations and to building standards for finishes and materials. Any direct or indirect Tenant Improvement costs that exceed the Tenant Improvement Allowance shall be paid by Tenant’s receipt of approval from Tenant’s sublessor thereunder]. Tenant shall use its best efforts pay to complete Landlord as Additional Rent the Tenant Improvements on or before July 31Improvement Allowance, 2017. Notwithstanding together with interest thereon at the foregoing sentence to rate of ten and one-half percent (10.5%) per annum, which amount shall be amortized over the contrary, as part original Term of the Tenant Improvements, Tenant shall perform the work necessary to separately demise the Premises from the remaining portion of the sixth (6th) floor of the Building, including the installation of a demising wall (the “Demising Work”) on or before April 1, 2017. Tenant acknowledges that the tenant in the premises adjacent to the Premises will also be performing demising work. Tenant’s performance of the Demising Work Lease and shall be coordinated with due and payable in equal monthly installments of Twenty-Two Thousand Seven Hundred Thirty-Nine and 97/100 Dollars ($22,739.97) per month when Basic Monthly Rent is due and payable under the Lease
4.3 Landlord and Tenant shall cooperate with Landlord and/or Landlord’s contractors in all ways to ensure mutually agree upon the efficient and expeditious scheduling, staging and performance selection of the Demising Work. The Demising Work architect, engineer, general contractor and major subcontractors, and Landlord and Tenant shall not adversely affect any construction work being performed by or for Landlord or its tenants and shall be performed in harmony with Landlord’s contractors and subcontractors and with other contractors and subcontractors each participate in the Complex. Tenant shall impose on and enforce all applicable terms of this Tenant Improvements Agreement against Tenant’s contractors. Landlord shall have the right to order Tenant or any of Tenant’s contractors who violate the requirements imposed on Tenant or Tenant’s contractors in performing the Demising Work to cease performance review of the Demising Work and to remove its equipment and employees from the Building. No such action by Landlord shall cause any extension of the Commencement Date nor relieve Tenant from any of its obligations under the Lease. Further, notwithstanding anything herein to the contrary, any delay in the completion of the Demising Work, or any interference to Tenant’s business operations or inconvenience suffered by Tenant during the performance of any adjacent tenant’s demising work shall not subject Landlord to any liability for any loss or damages resulting there from nor entitle Tenant to any credit, abatement or adjustment of Rent or other sum payable under the Lease, as amended hereby. During Tenant’s design, construction and installation of the Tenant Improvements, Tenant shall pay for all Building services and utilities, if and to the extent required, (i) in accordance with the Existing Sublease from the Effective Date through March 31, 2017, and (ii) in accordance with this Lease from and after April 1, 2017competitive bid process.
Appears in 1 contract
Samples: Lease (Array Biopharma Inc)
Tenant Improvements. Landlord shall deliver the Premises to Tenant, and Tenant will cause agrees to be constructedaccept the same, at in an “AS IS” and “WHERE IS” condition, except as provided otherwise in this Section 10. The parties have generally agreed in the space plan for the Premises. Tenant shall deliver to Landlord Tenant’s sole cost and expense proposed biddable construction drawings for the Premises (subject to Landlord’s payment of the Improvement Allowance“Construction Drawings”). Without limitation, the Tenant Improvements. The Tenant Improvements will be designed Construction Drawings shall show the location of (1) any abnormally heavy equipment, (ii) all major mechanical and constructed as described electrical systems and (iii) all major built-in this Exhibit “D”. Tenant will select the Contractor to be the general contractor to perform the Workequipment. Landlord shall have ten (10) days from its receipt of the right Construction Drawings in which to review and approve the same by giving written notice to Tenant (“Landlord’s Construction Drawings Notice”). In the event that Landlord disapproves the Construction Drawings or conditionally approves the Construction Drawings with certain changes, Landlord shall state the reasons for such disapproval or changes in the Landlord’s Construction Drawing Notice. Tenant shall have ten (10) days from receipt of such Landlord’s Construction Drawings Notice in which to correct the matters of disapproval or reject such requested changes in a written notice to Landlord. In the event that Landlord and Tenant cannot agree on the final Construction Drawings by the thirtieth (30th) day after Landlord’s initial receipt of the proposed Construction Drawings, then either party may terminate this Lease on ten (10) day’s prior written notice to the other party. After the Construction Drawings have been approved by Landlord and Tenant, Tenant shall retain a license and bonded contractor, approved by Landlord, pursuant to a contract approval by Landlord, to commence and complete, with reasonable diligence, the construction of the approved tenant improvements to the Premises as shown in the Construction Drawings (the “Tenant Improvements”). Tenant agrees, and agrees to include in the construction contract, that Tenant and its contractor will meet on a regular and as needed basis, not less than once per week, with Landlord’s construction manager to review the status and progress of the construction, to coordinate with other work to be performed by Landlord and to review any material changes to the Construction Drawings or the construction contract, all of which changes must be approved, in writing, by Landlord’s construction manager. Approval of any matters herein by Landlord or Landlord’s construction manager shall not be unreasonably withheld, conditioned delayed or delayedconditioned. Further, Foushee, Chinn, and Gateway are each pre-approved contractors for Tenant Improvement Work. So long as (i) Landlord has delivered possession of the entire Premises by Maxxx 0, 0000, (xx) xhe parties have approved the final Construction Drawings by January 31, 2011 and (iii) the Contractor and all subcontractors that will be performing any portion acts or omissions of Landlord or its construction manager do not cause a material delay in the completion of the WorkTenant Improvements, then the Commencement Date shall occur on May 1, 2011 and Tenant shall begin paying Rent on August 1, 2011 regardless of whether Tenant has completed the Tenant Improvements prior to the Commencement Date. All contractors that will be performing any portion If, however, Landlord does not (i) deliver possession of the Work entire Premises by Maxxx 0, 0000, (xx) the parties have not agreed to the final Construction Drawings by January 31, 2011 or (iii) if acts or omissions of Landlord or its construction manager cause a material delay in the completion of the Tenant Improvements, then Tenant’s free rent period shall be union contractors. Tenant will pay all direct and indirect costs increased on a day for day basis for each day of the design and construction delay in completion of the Tenant Improvements (subject to that results from the Landlord’s payment of foregoing. Landlord shall be responsible for insuring that any HVAC system or electrical system servicing the Improvement Allowance as provided for herein). Such costs may includePremises, without limitation, all costs of preparing the Space Plan, construction document preparation, design, Plans and Specifications, general conditions, labor, materials, and other construction costs, the fees (on an hourly basis) of Contractor’s project manager and site superintendent for the Tenant Improvements, and all costs incurred in connection with obtaining permits for the Tenant Improvements. For all purposes of ownership, including risk of loss thereto, the Tenant Improvements will immediately upon installation be and remain a part of the Building and the property of Landlord, provided that as provided in Section 15 of this Lease, Landlord may require Tenant to remove same upon the expiration or earlier termination of the Lease Term. Tenant currently occupies the Premises under the Existing Sublease and Landlord permits Tenant to immediately commence construction of the Tenant Improvements from and after the Effective Date of this Lease [subject to Tenant’s compliance with the terms and conditions of the Existing Sublease (if then applicable), including, without limitation, Tenant’s receipt of approval from Tenant’s sublessor thereunder]. Tenant shall use its best efforts to complete the Tenant Improvements on or before July 31, 2017. Notwithstanding the foregoing sentence to the contrary, as which is not part of the Tenant Improvements, is in good working condition and that the ceiling grid meets current code and is in good condition. In addition, Landlord, at its sole cost and expense, shall replace all variable air volume (“VAV”) boxes within the Premises. Landlord will make payments to Tenant’s contractor from the Tenant shall perform Improvement allowance as billed by the work necessary contractor and approved by the architect pursuant to separately demise the terms of the construction contract. Landlord agrees to pay $70.00 per rentable square feet of the Premises from (e.g., 28,786 rsf) (the “Tenant Improvement Allowance”) towards the cost of the Tenant Improvements and the remaining cost, if any, shall be paid by Tenant. The Tenant Improvement Allowance may be used for construction costs, architectural and design fees, permits, Washington State sales tax, Tenant’s construction management fees and telephone/data cabling. Any unused portion of the sixth (6th) floor of the Building, including the installation of a demising wall (the “Demising Work”) on or before April 1, 2017. Tenant acknowledges that the tenant Improvement Allowance shall be credited back to Tenant in the premises adjacent form of rent abatement or to the Premises will also be performing demising work. offset any costs associated with architectural and design services, furniture acquisition, telephone/data cabling, Tenant’s performance of the Demising Work shall be coordinated with Landlord and Tenant shall cooperate with Landlord and/or Landlord’s contractors in all ways to ensure the efficient and expeditious schedulingphysical relocation, staging and performance of the Demising Work. The Demising Work shall not adversely affect any or construction work being performed by or for Landlord or its tenants and shall be performed in harmony with Landlord’s contractors and subcontractors and with other contractors and subcontractors in the Complex. Tenant shall impose on and enforce all applicable terms of this Tenant Improvements Agreement against Tenant’s contractorsmanagement fees. Landlord shall have the right to order Tenant or any of Tenant’s contractors who violate the requirements imposed on Tenant or Tenant’s contractors in performing the Demising Work to cease performance of the Demising Work and to remove its equipment and employees from the Building. No such action by Landlord shall cause any extension of the Commencement Date nor relieve Tenant from any of its obligations under the Lease. Further, notwithstanding anything herein to the contrary, any delay in the completion of the Demising Work, or any interference to Tenant’s business operations or inconvenience suffered by Tenant during the performance of any adjacent tenant’s demising work shall will not subject Landlord to any liability for any loss or damages resulting there from nor entitle Tenant to any credit, abatement or adjustment of Rent or other sum payable under the Lease, charge a construction management fee as amended hereby. During Tenant’s design, construction and installation part of the Tenant Improvements, Tenant shall pay for all Building services and utilities, if and to the extent required, (i) in accordance with the Existing Sublease from the Effective Date through March 31, 2017, and (ii) in accordance with this Lease from and after April 1, 2017Improvement Allowance.
Appears in 1 contract
Samples: Lease Agreement (Blue Nile Inc)
Tenant Improvements. (a) Landlord shall provide Tenant will cause to be constructed, at Tenant’s sole cost and expense with a tenant improvement allowance of Six Hundred Fifty-Six Thousand Four Hundred Fifteen Dollars (subject to Landlord’s payment of $656,415.00) (the "Tenant Improvement Allowance"), the Tenant Improvements. The Tenant Improvement Allowance shall be applied toward construction, engineering, professional, telecommunication, design, project management, plan review, permits, architecture, voice and data cabling and other costs and expenses associated with the Tenant Improvements (as hereinafter defined) to the Premises. Landlord shall be responsible for the payment of all costs and expense associated with improvements to the Premises up to the Tenant Improvement Allowance, whether such improvements are performed by Landlord, Duke Construction Limited Partnership, any other subsidiary or affiliate of Landlord. Any cost or expense incurred by Landlord and approved by Tenant in connection with the Tenant improvements to the Premises in excess of the Tenant Improvement Allowance (the "Excess") shall be borne by Tenant and shall be paid by Tenant to Landlord within thirty (30) days of Tenant's receipt of an invoice from Landlord providing sufficient detail and documentation for such costs and expenses. Failure by Tenant to pay any portion of the Excess as aforesaid is an event of default hereunder.
(b) Following the date of this Amendment, Tenant will work with a space planner to develop a space plan for the Premises that is reasonably acceptable to Landlord (the "Space Plan"). Within thirty (30) days after Landlord's receipt of the Space Plan, Tenant shall prepare and submit to Landlord a set of plans and specifications and/or construction drawings (the "Plans and Specifications") prepared by an architect reasonably acceptable to Landlord covering all work to be designed performed by Landlord in constructing the leasehold improvements to the Premises in accordance with the Space Plan (the "Tenant Improvements"). Landlord shall participate in the design meetings with Tenant's architect to maintain Landlord's building standards and constructed as described to provide preconstruction cost estimating. Landlord shall have ten (10) days after receipt of the Plans and Specifications in this Exhibit “D”which to review the Plans and Specifications and to give Tenant written notice of Landlord's approval of the Plans and Specifications or its requested changes to the Plans and Specifications. Tenant will select shall have no right to request any leasehold improvements or any changes to the Contractor Plans and Specifications that would materially alter the Premises, the exterior appearance or basic nature of the Building, or the Building systems. If Landlord fails to approve or request changes to the Plans and Specifications within ten (10) days after its receipt of the Plans and Specifications, then Landlord shall be deemed to have approved the Plans and Specifications and the same shall thereupon be final. If Landlord requests any changes to the Plans and Specifications, Tenant shall make those changes which are reasonably requested by Landlord and shall within ten (10) business days of its receipt of such request submit the revised portion of the Plans and Specifications to Landlord. Landlord may not thereafter disapprove the revised portions of the Plans and Specifications unless Tenant has unreasonably failed to incorporate reasonable comments of Landlord and, subject to the foregoing, the Plans and Specifications, as modified by said revisions, shall be deemed to be final upon the general contractor submission of said revisions to perform the WorkLandlord. Landlord shall at all times in its review of the Plans and Specifications, and of any revisions thereto, act reasonably and in good faith. Landlord agrees to confirm Landlord's consent to the Plans and Specifications in writing within three (3) business days following Tenant's written request therefor.
(c) Following Landlord's approval (or deemed approval) of the Plans and Specifications, Landlord shall solicit competitive bids from at least three (3) subcontractors for each major trade. Landlord shall provide Tenant with Landlord's form for prequalifying subcontractors, attached hereto as Exhibit A and incorporated herein, and its current list of approved subcontractors for each major trade, attached hereto as Exhibit B and incorporated herein. Tenant shall have the right to approve (provide Landlord with a proposed subcontractor for each major trade which may or may not be on Landlord's approved list, and provided such approval not subcontractor meets with Landlord's reasonable approval, such subcontractor shall have the right to enter a bid. Upon Tenant's request, Landlord shall also obtain a description of the base warranty and any extended warranty terms relating to any equipment, machinery, trade fixtures or other personal property to be unreasonably withheldinstalled in connection with the Tenant Improvements. Landlord and Tenant shall review the bids and warranties, conditioned or delayed) if applicable, jointly and Tenant shall select one subcontractor for each item bid. Promptly following the Contractor and all subcontractors that will be performing any portion selection of a subcontractor for each major trade, Landlord shall deliver to Tenant a statement of the Work. All contractors that will be performing any portion of the Work shall be union contractors. Tenant will pay cost to construct and install all direct and indirect costs of the design and construction of the Tenant Improvements (subject the "Cost Statement"). Tenant acknowledges and agrees that (i) the cost to construct and install the Tenant Improvements shall include a six percent (6%) fee plus (A) Landlord’s payment 's actual overhead expenses associated with the Tenant Improvements that includes preconstruction and project management, administrative support, telephones, utilities, etc., and (B) Landlord's actual costs of general conditions associated with the Tenant Improvements that include, but are not limited to, permits, onsite supervision, temporary utilities, temporary facilities and project cleanup, (such overhead and general conditions shall not exceed eight percent (8%) of the total construction costs for the Tenant Improvements), and (ii) said fee, overhead and general conditions shall be included in the Cost Statement and applied against the Tenant Improvement Allowance (as provided for hereinhereinafter defined). Such costs may include, without limitation, all costs Tenant agrees to acknowledge the Cost Statement in writing within five (5) business days following Landlord's written request therefor.
(d) Landlord shall provide Tenant with a proposed schedule for the construction and installation of preparing the Space Plan, Tenant Improvements that is reasonably acceptable to Tenant and shall perform the construction document preparation, design, in accordance with such schedule and the Plans and Specifications, general conditionssubject to extensions for Force Majeure Delays and Tenant Delays (as hereinafter defined). Landlord shall notify Tenant of any material changes to said schedule as a result of such Force Majeure Delays and Tenant Delays. In the event the Tenant Improvements are not Substantially Completed (as hereafter defined) in accordance with the schedule as extended by Force Majeure Delays and Tenant Delays, laborTenant shall receive one day of rent abatement for each day of delay until the Tenant Improvements are Substantially Completed. Tenant agrees to coordinate with Landlord regarding the installation of Tenant's phone and data wiring and any other trade related fixtures that will need to be installed in the Premises prior to Substantial Completion. In addition, materialsif and to the extent permitted by applicable laws, rules and other construction costsordinances, Tenant shall have the fees right to enter the Premises for fifteen (on an hourly basis15) days prior to the anticipated date for Substantial Completion (as such date may be modified from time to time) in order to install fixtures and otherwise prepare the Premises for occupancy. During any entry prior to the Substantial Completion of Contractor’s project manager and site superintendent for the Tenant Improvements (i) Tenant shall not interfere with Landlord's completion of the Tenant Improvements, and all costs incurred in connection with obtaining permits for the (ii) Tenant Improvements. For all purposes of ownership, including risk of loss thereto, the Tenant Improvements will immediately upon installation be shall cause its personnel and remain a part of the Building and the property of Landlord, provided that as provided in Section 15 of this Lease, Landlord may require Tenant contractors to remove same upon the expiration or earlier termination of the Lease Term. Tenant currently occupies the Premises under the Existing Sublease and Landlord permits Tenant to immediately commence construction of the Tenant Improvements from and after the Effective Date of this Lease [subject to Tenant’s compliance comply with the terms and conditions of Landlord's rules of conduct (which Landlord agrees to furnish to Tenant upon request).
(e) Tenant shall have the Existing Sublease right to request changes to the Plans and Specifications at any time by way of written change order (if then applicableeach, a "Change Order", and collectively, "Change Orders"). Provided such Change Order is reasonably acceptable to Landlord, includingLandlord shall prepare and submit promptly to Tenant a memorandum setting forth the impact on cost and schedule resulting from said Change Order (the "Change Order Memorandum of Agreement"). Tenant shall, without limitation, within five (5) business days following Tenant’s 's receipt of approval from Tenant’s sublessor thereunder]. the Change Order Memorandum of Agreement, either (i) execute and return the Change Order Memorandum of Agreement to Landlord, in which case the Cost Statement shall be deemed modified automatically to take into account said Change Order, (ii) retract its request for the Change Order, or (iii) amend its proposed Change Order, in which case Landlord shall prepare a new Change Order Memorandum of Agreement and Tenant shall use its best efforts to complete the Tenant Improvements on respond as provided herein.
(f) For purposes of this Amendment "Substantial Completion" (or before July 31, 2017. Notwithstanding the foregoing sentence to the contrary, as part any grammatical variation thereof) shall mean completion of construction of the Tenant Improvements, Tenant shall perform the work necessary subject only to separately demise the Premises from the remaining portion of the sixth (6th) floor of the Building, including the installation of a demising wall (the “Demising Work”) on or before April 1, 2017. Tenant acknowledges that the tenant in the premises adjacent punchlist items to the Premises will also be performing demising work. Tenant’s performance of the Demising Work shall be coordinated with identified by Landlord and Tenant shall cooperate with Landlord and/or Landlord’s contractors in all ways to ensure the efficient and expeditious scheduling, staging and performance a joint inspection of the Demising Work. The Demising Work shall Premises prior to Tenant's occupancy, the completion of which will not adversely materially affect any construction work being performed by Tenant's use and occupancy of, or ability to obtain an occupancy permit for Landlord or its tenants the Premises which completion and punchlist items shall be performed in harmony with Landlord’s contractors evidenced by a writing signed by Tenant and subcontractors and with other contractors and subcontractors Landlord (Tenant acknowledging, however, that even if Landlord has Substantially Completed the Tenant Improvements, Landlord may not be able to obtain an occupancy permit for the Premises because of the need for completion of all or a portion of improvements being installed in the ComplexPremises directly by Tenant). "Tenant Delay" shall impose on and enforce all applicable terms of this Tenant Improvements Agreement against Tenant’s contractors. Landlord shall have the right to order Tenant or any of Tenant’s contractors who violate the requirements imposed on Tenant or Tenant’s contractors in performing the Demising Work to cease performance of the Demising Work and to remove its equipment and employees from the Building. No such action by Landlord shall cause any extension of the Commencement Date nor relieve Tenant from any of its obligations under the Lease. Further, notwithstanding anything herein to the contrary, mean any delay in the completion of the Demising Work, or any interference Tenant Improvements to the extent attributable to Tenant’s business operations or inconvenience suffered by Tenant during , including, without limitation, (i) Tenant's failure to meet any time deadlines specified herein, (ii) the performance of any adjacent tenant’s demising other work shall not subject Landlord in the Premises by any person, firm or corporation employed by or on behalf of Tenant, or any failure to any liability for any loss complete or damages resulting there from nor entitle Tenant to any credit, abatement or adjustment delay in completion of Rent or other sum payable under the Lease, as amended hereby. During Tenant’s design, construction and installation of the Tenant Improvements, Tenant shall pay for all Building services and utilities, if and to the extent required, (i) in accordance with the Existing Sublease from the Effective Date through March 31, 2017such work, and (iiiii) any other act or omission of Tenant. "Force Majeure Delay" shall mean any delay in accordance with this Lease from and after April 1the performance of any obligation by a party hereunder when such delay is occasioned by causes beyond its control due to act of God, 2017adverse weather, fire, earthquake, flood, explosion, war, invasion, insurrection, riot, mob violence, sabotage, vandalism, failure of transportation, strikes, lockouts, litigation, condemnation, requisition, governmental restrictions including inability or delay in obtaining governmental consents, inspections or permits, laws or orders of governmental, civil, military or naval authorities, or any other cause outside the party's control, whether similar or dissimilar to the foregoing.
Appears in 1 contract
Samples: Lease Amendment (Pharmaceutical Product Development Inc)
Tenant Improvements. The tenant improvement work ("Tenant will cause to be constructed, at Tenant’s sole cost and expense (subject to Landlord’s payment Improvements") shall consist of the Improvement Allowancework required to complete certain improvements to the Premises pursuant to approved "Working Drawings and Specifications" (as defined below). Tenant shall employ LPA, Inc. or another architect acceptable to Landlord (the "Architect") for preparation of the Working Drawings and Specifications (as hereinafter defined), and shall cause the Architect to inspect the Premises to become acquainted with all existing conditions. Tenant shall contract with the “TI Contractor” (as defined below) to construct the Tenant Improvements. The Tenant Improvements will work shall be designed undertaken and constructed as described prosecuted in this Exhibit accordance with the following requirements:
A. Prior to the date of the Lease, Landlord and Tenant have approved that certain preliminary pricing plan dated August 17, 2009 prepared by the Architect for the Tenant Improvements (the “DPreliminary Plan”). Tenant shall submit the following to Landlord: (i) working drawings and specifications prepared by the Architect based on the approved Preliminary Plan (the "Working Drawings and Specifications"), and (ii) any change proposed by Tenant to the approved Working Drawings and Specifications ("Change"). Within 5 business days following its submission to Landlord, Landlord shall approve (by signing a copy thereof) or shall disapprove any Change, and within 10 business days following its submission to Landlord, Landlord shall approve or shall disapprove the Working Drawings and Specifications. Any failure by Landlord to approve or disapprove any Change or the Working Drawings and Specifications within the applicable time period therefor provided in the foregoing following receipt of all required and requested information from Tenant, shall constitute Landlord’s approval of the subject Change or of Working Drawings and Specifications. If Landlord disapproves the Working Drawings and Specifications or Change, Landlord shall specify in detail the reasons for disapproval and Tenant shall cause the Architect to modify the Working Drawings and Specifications or Change to incorporate Landlord's suggested revisions in a mutually satisfactory manner. Tenant agrees and acknowledges that Landlord has not checked, and will select not check, the Contractor Preliminary Plan, the Working Drawings and Specifications and/or any Change for building code compliance (or other federal, state or local law, ordinance or regulations compliance), and that Tenant and its Architect shall be solely responsible for such matters.
B. It is understood that except as provided below, the Tenant Improvements shall only include actual improvements to the Premises approved by Landlord as provided above, and shall exclude (but not by way of limitation) Tenant’s furniture, trade fixtures, partitions, equipment and signage improvements, if any. Further, the Tenant Improvements shall incorporate Landlord's building standard materials and specifications ("Building Standard Improvements"). No deviations from the Building Standard Improvements may be required by Tenant with respect to doors and frames, finish hardware, entry graphics, the general contractor ceiling system, light fixtures and switches, mechanical systems, life and safety systems, and/or window coverings; provided that Landlord may, in its sole discretion, authorize in writing one or more of such deviations, in which event, but provided Tenant is advised of such replacement requirement at the time of Landlord’s authorization of any such deviation, Tenant shall be solely responsible for the cost of replacing same with the applicable Standard item(s) upon the expiration or termination of this Lease. All other non-standard items ("Non-Standard Improvements") shall be subject to perform the Workprior approval of Landlord, which may be withheld in Landlord's sole discretion. Landlord shall have the right in no event be required to approve any Non-Standard Improvement if Landlord determines that such improvements (such approval not i) is of a lesser quality than the corresponding Building Standard Improvement, (ii) fails to be unreasonably withheldconform to applicable governmental requirements, conditioned (iii) requires building services beyond the level Landlord has agreed to provide Tenant under this Lease, or delayed(iv) would have an adverse aesthetic impact from the Contractor and all subcontractors that will be performing any portion exterior of the WorkPremises.
C. Tenant shall contract with Casco Contractors or another licensed general contractor acceptable to Landlord (the “TI Contractor”) for construction of the Tenant Improvements. If required by Landlord, Tenant shall use the electrical, mechanical, plumbing and fire/life safety engineers designated by Landlord. All contractors subcontractors shall be subject to Landlord’s reasonable approval and Landlord may require that will be performing any portion of the Work shall one or more designated subtrades be union contractors. Tenant will pay all direct and indirect costs shall enter into an AIA III Cost of the design Work with a Guaranted Maximum Price, and AIA 201 General Conditions construction contract (the “TI Contract”) with the TI Contractor for construction of the Tenant Improvements (subject to the Improvements. If requested by Landlord’s payment , Tenant shall deliver copy of the Improvement Allowance as provided for herein)TI Contract to Landlord. Such costs may include, without limitation, all costs of preparing the Space Plan, construction document preparation, design, Plans and Specifications, general conditions, labor, materials, and other construction costs, the fees (on an hourly basis) of Contractor’s project manager and site superintendent for the Tenant Improvements, and all costs incurred in connection with obtaining permits for the Tenant Improvements. For all purposes of ownership, including risk of loss thereto, shall cause the Tenant Improvements will immediately upon installation to be constructed in a good and remain a part of the Building and the property of Landlord, provided that as provided in Section 15 of this Lease, Landlord may require Tenant to remove same upon the expiration or earlier termination of the Lease Term. Tenant currently occupies the Premises under the Existing Sublease and Landlord permits Tenant to immediately commence construction of the Tenant Improvements from and after the Effective Date of this Lease [subject to Tenant’s compliance with the terms and conditions of the Existing Sublease (if then applicable), including, without limitation, Tenant’s receipt of approval from Tenant’s sublessor thereunder]. Tenant shall use its best efforts to complete the Tenant Improvements on or before July 31, 2017. Notwithstanding the foregoing sentence to the contrary, as part of the Tenant Improvements, Tenant shall perform the work necessary to separately demise the Premises from the remaining portion of the sixth (6th) floor of the Building, including the installation of a demising wall (the “Demising Work”) on or before April 1, 2017. Tenant acknowledges that the tenant in the premises adjacent to the Premises will also be performing demising work. Tenant’s performance of the Demising Work shall be coordinated with Landlord and Tenant shall cooperate with Landlord and/or Landlord’s contractors in all ways to ensure the efficient and expeditious scheduling, staging and performance of the Demising Work. The Demising Work shall not adversely affect any construction work being performed by or for Landlord or its tenants and shall be performed in harmony with Landlord’s contractors and subcontractors and with other contractors and subcontractors in the Complex. Tenant shall impose on and enforce all applicable terms of this Tenant Improvements Agreement against Tenant’s contractors. Landlord shall have the right to order Tenant or any of Tenant’s contractors who violate the requirements imposed on Tenant or Tenant’s contractors in performing the Demising Work to cease performance of the Demising Work and to remove its equipment and employees from the Building. No such action by Landlord shall cause any extension of the Commencement Date nor relieve Tenant from any of its obligations under the Lease. Further, notwithstanding anything herein to the contrary, any delay in the completion of the Demising Work, or any interference to Tenant’s business operations or inconvenience suffered by Tenant during the performance of any adjacent tenant’s demising work shall not subject Landlord to any liability for any loss or damages resulting there from nor entitle Tenant to any credit, abatement or adjustment of Rent or other sum payable under the Lease, as amended hereby. During Tenant’s design, construction and installation of the Tenant Improvements, Tenant shall pay for all Building services and utilities, if and to the extent required, (i) workmanlike manner in accordance with the Existing Sublease from the Effective Date through March 31, 2017, approved Working Drawings and (ii) in accordance with this Lease from and after April 1, 2017Specifications.
Appears in 1 contract
Samples: Lease (Lantronix Inc)
Tenant Improvements. Landlord and Tenant will cause have approved the space plan for the Premises prepared by Xxxxx Xxxxxxxx Watford Architects, dated December 9, 2019, a copy of which is attached hereto as Schedule 1 (the “Space Plan”). Within five (5) days of request of Landlord, Tenant shall cooperate in good faith with Landlord’s architects and engineers to supply such information necessary to allow the Landlord’s architects and engineers to complete the architectural and engineering drawings for the Premises, and the final architectural working drawings in a form which is complete to allow subcontractors to bid on the work and to obtain all applicable permits and in a manner consistent with, and which are a logical extension of, the Space Plan (collectively, the “Approved Working Drawings”), which Approved Working Drawings shall include the Turnkey Scope of Work set forth on Schedule 1. Landlord shall construct the improvements in the Premises (the "Tenant Improvements") pursuant to the Approved Working Drawings. All such Tenant Improvements shall be completed to Landlord's "Building standard" condition in "Building standard" finishes to be constructeddesignated by Tenant, at Tenant’s sole cost and expense (subject to availability, within three (3) business days following demand by Landlord’s payment . Tenant shall make no changes or modifications to (i) the Space Plan or (ii) once completed, the Approved Working Drawings, without the prior written consent of Landlord, which consent may be withheld in Landlord's sole discretion if such change or modification would directly or indirectly delay the "Substantial Completion," as that term is defined in Section 4.1 of this Tenant Work Letter, of the Improvement Allowance), Premises (unless Tenant agrees in writing that the terms of Section 4.2 apply thereto) or increase the cost of designing or constructing the Tenant Improvements. The Tenant Improvements will be designed and constructed as described in this Exhibit “D”. Tenant will select the Contractor to be the general contractor to perform the Work. Landlord shall have the right to approve (such approval not to be unreasonably withheld, conditioned or delayed) the Contractor and all subcontractors that will be performing any portion of the Work. All contractors that will be performing any portion of the Work shall be union contractors. Tenant will pay all direct and indirect costs of the design and construction of the Tenant Improvements (subject to the Landlord’s payment of the Improvement Allowance as provided for herein). Such costs may include, without limitation, all costs of preparing the Space Plan, construction document preparation, design, Plans and Specifications, general conditions, labor, materials, and other construction costs, the fees (on an hourly basis) of Contractor’s project manager and site superintendent for the Tenant Improvements, and all costs incurred in connection with obtaining permits for the Tenant Improvements. For all purposes of ownership, including risk of loss thereto, the Tenant Improvements will immediately upon installation be and remain a part of the Building and the property of Landlord, provided that as provided in Section 15 of this Lease, Landlord may require Tenant to remove same upon the expiration or earlier termination of the Lease Term. Tenant currently occupies the Premises under the Existing Sublease and Landlord permits Tenant to immediately commence construction of the Tenant Improvements from and after the Effective Date of this Lease [subject to Tenant’s compliance with the terms and conditions of the Existing Sublease (if then applicable), including, without limitation, Tenant’s receipt of approval from Tenant’s sublessor thereunder]. Tenant shall use its best efforts to complete the Tenant Improvements on or before July 31, 2017. Notwithstanding the foregoing sentence to the contrary, as part of the Tenant Improvements, Tenant shall perform the work necessary to separately demise the Premises from the remaining portion of the sixth (6th) floor of the Building, including the installation of a demising wall (the “Demising Work”) on or before April 1, 2017. Tenant acknowledges that the tenant in the premises adjacent to the Premises will also be performing demising work. Tenant’s performance of the Demising Work shall be coordinated with Landlord and Tenant shall cooperate with Landlord and/or Landlord’s contractors in all ways to ensure the efficient and expeditious scheduling, staging and performance of the Demising Work. The Demising Work shall not adversely affect any construction work being performed by or for Landlord or its tenants and shall be performed in harmony with Landlord’s contractors and subcontractors and with other contractors and subcontractors in the Complex. Tenant shall impose on and enforce all applicable terms of this Tenant Improvements Agreement against Tenant’s contractors. Landlord shall have the right to order Tenant or any of Tenant’s contractors who violate the requirements imposed on Tenant or Tenant’s contractors in performing the Demising Work to cease performance of the Demising Work and to remove its equipment and employees from the Building. No such action by Landlord shall cause any extension of the Commencement Date nor relieve Tenant from any of its obligations under the Lease. Further, notwithstanding anything herein to the contrary, any delay in the completion of the Demising Work, or any interference to Tenant’s business operations or inconvenience suffered by Tenant during the performance of any adjacent tenant’s demising work shall not subject Landlord to any liability for any loss or damages resulting there from nor entitle Tenant to any credit, abatement or adjustment of Rent or other sum payable under the Lease, as amended hereby. During Tenant’s design, construction and installation of the Tenant Improvements, Tenant shall pay for all Building services and utilities, if and to the extent required, (i) in accordance with the Existing Sublease from the Effective Date through March 31, 2017, and (ii) in accordance with this Lease from and after April 1, 2017.
Appears in 1 contract
Tenant Improvements. Sublessor represents and Sublessee acknowledges that Master Lessor is required to perform certain construction work in the Premises, including the Subleased Premises, pursuant to Exhibit B of the Master Lease and in accordance with those certain plans for such work in the Subleased Premises prepared by DGA dated February 22, 2016 (excluding references therein to furnishings), which plans Sublessee has reviewed and approved (the “Plans”). Sublessee shall have no right to make any changes to such plans, request any additional or different improvements in the Subleased Premises or delay Master Lessor’s completion of such work, including taking any actions that would be considered a “Tenant Delay” under the Master Lease had such actions been taken by Sublessor. Notwithstanding the foregoing, Sublessee has elected to make, and Sublessor has approved (subject to receipt of Master Lessor’s consent), the following alterations within the Subleased Premises as shown on the plans prepared by DGA dated April 8, 2016:
(i) Extend wall and create new entrance for vivarium;
(ii) enclose room 391 (equipment room), turn into Procedure room 2 and create new entrance perpendicular to new entrance into vivarium (no need to relocate ESEW); this new procedure room only requires standard power/electrical supply or leave power supply originally intended for room 391; (iii) Room 384 (Procedure room 1) will cause require a chemical fume hood (vented to outside) in a location proposed by DGA (collectively, the “Sublessee Changes”). Sublessee shall be constructed, responsible for performing the Sublessee Changes at Tenant’s its sole cost and expense (subject to Landlord’s payment expense, in accordance with the terms of Article 8 of the Improvement Allowance)Master Lease, as incorporated herein, using DGA as the Tenant Improvements. The Tenant Improvements will be designed architect and constructed Landmark Builders as described the contractor, in this Exhibit “D”. Tenant will select the Contractor to be the general contractor to perform the Work. Landlord shall have the right to approve (such approval not to be unreasonably withheld, conditioned or delayed) the Contractor and all subcontractors a manner that will be performing any portion of the Work. All contractors that will be performing any portion of the Work shall be union contractors. Tenant will pay all direct and indirect costs of the design and construction not interfere with or delay Master Lessor’s performance of the Tenant Improvements (subject to the Landlord’s payment or delivery of the Improvement Allowance as provided for herein)Premises. Such costs may include, without limitation, all costs of preparing the Space Plan, construction document preparation, design, Plans and Specifications, general conditions, labor, materials, and other construction costs, the fees If within one (on an hourly basisI) of Contractor’s project manager and site superintendent for the Tenant Improvements, and all costs incurred in connection with obtaining permits for the Tenant Improvements. For all purposes of ownership, including risk of loss thereto, the Tenant Improvements will immediately upon installation be and remain a part of the Building and the property of Landlord, provided that as provided in Section 15 of this Lease, Landlord may require Tenant to remove same upon year following the expiration or earlier termination of this Sublease, Sublessor restores the Lease Termaffected areas to the configuration shown on the Plans dated February 22, 2016 using a third party contractor reasonably selected by Sublessor, Sublessee shall be responsible for reimbursing Sublessor (or paying directly to Sublessor’s contractor at Sublessor’s election) such cost to restore within thirty (30) days after delivery of an invoice from Sublessor thereof accompanied by detailed contractor invoices evidencing such cost. Tenant currently occupies Sublessor shall not request or approve any changes to such plans that would materially affect the Subleased Premises under without Sublessee’s consent, which shall not be unreasonably withheld. If Sublessee fails to reasonably approve or disapprove a change within five (5) days of request by Sublessor (two (2) business days if the Existing Sublease and Landlord permits Tenant to immediately commence construction of the Tenant Improvements from and after the Effective Date of this Lease [subject to Tenant’s compliance with the terms and conditions of the Existing Sublease (if then applicablechange was requested by Master Lessor), including, without limitation, Tenant’s receipt such change shall be deemed approved by Sublessee so long as a copy of such request for approval from Tenant’s sublessor thereunder]. Tenant shall use its best efforts to complete the Tenant Improvements on or before July 31, 2017. Notwithstanding the foregoing sentence was concurrently sent by electronic mail to the contrary, as part of the Tenant Improvements, Tenant shall perform the work necessary to separately demise the Premises from the remaining portion of the sixth (6th) floor of the Building, including the installation of a demising wall (the “Demising Work”) on or before April 1, 2017. Tenant acknowledges that the tenant in the premises adjacent to the Premises will also be performing demising work. Tenant’s performance of the Demising Work shall be coordinated with Landlord and Tenant shall cooperate with Landlord and/or Landlord’s contractors in all ways to ensure the efficient and expeditious scheduling, staging and performance of the Demising Work. The Demising Work shall not adversely affect any construction work being performed by or for Landlord or its tenants and shall be performed in harmony with Landlord’s contractors and subcontractors and with other contractors and subcontractors in the Complex. Tenant shall impose on and enforce all applicable terms of this Tenant Improvements Agreement against Tenant’s contractors. Landlord shall have the right to order Tenant or any of Tenant’s contractors who violate the requirements imposed on Tenant or Tenant’s contractors in performing the Demising Work to cease performance of the Demising Work and to remove its equipment and employees from the Building. No such action by Landlord shall cause any extension of the Commencement Date nor relieve Tenant from any of its obligations under the Lease. Further, notwithstanding anything herein to the contrary, any delay in the completion of the Demising Work, or any interference to Tenant’s business operations or inconvenience suffered by Tenant during the performance of any adjacent tenant’s demising work shall not subject Landlord to any liability for any loss or damages resulting there from nor entitle Tenant to any credit, abatement or adjustment of Rent or other sum payable under the Lease, as amended hereby. During Tenant’s design, construction and installation of the Tenant Improvements, Tenant shall pay for all Building services and utilities, if and to the extent required, (i) in accordance with the Existing Sublease from the Effective Date through March 31, 2017, and (ii) in accordance with this Lease from and after April 1, 2017following addresses.
Appears in 1 contract
Samples: Sublease (Alector, Inc.)
Tenant Improvements. Tenant will 60.01 Landlord shall, at its own cost and expense, in a good and workmanlike manner, cause the Leased Premises to be constructedimproved and completed in accordance with the plans and specifications (the “Final Layout Plans”) to be prepared by Lxxxx Xxxxx Associates, incorporating the use of a reasonable quantity of Building standard materials and finishes and mutually agreed upon by Landlord and Tenant which shall be attached hereto as Exhibit A-1 upon completion and agreement (such work being herein called "Landlord's Work"). In the event Landlord and Tenant fail to mutually agree upon the Final Layout Plans on or before November 1, 2006 then either party may terminate this Lease upon delivery of written notice to the other party on or before November 1, 2006. Landlord reserves the right: (i) to make substitutions of material or components of equivalent grade and quality when and if any specified material or component shall not be readily or reasonably available, and (ii) to make changes necessitated by conditions met in the course of construction, provided that Tenant's approval of any substantial change shall first be obtained (which approval shall not be unreasonably withheld or delayed so long as there shall be general conformity with the Final Layout Plans). Tenant shall on or before November 1, 2006 by notice to Landlord designate a single individual who Tenant agrees shall be available to meet and consult with Landlord at the Leased Premises as Tenant’s sole cost representative respecting the matters which are the subject of this Article 60 and expense (subject to Landlord’s payment of the Improvement Allowance)who, the Tenant Improvements. The Tenant Improvements will be designed as between Landlord and constructed as described in this Exhibit “D”. Tenant will select the Contractor to be the general contractor to perform the Work. Landlord Tenant, shall have the right power to approve (legally bind Tenant, in making requests for changes, giving approval of plans or work, giving directions to Landlord or the like, under this Article 60; and any notice or delivery given to such approval not person personally or at his place of business shall have the same effect as a notice or delivery given to be unreasonably withheld, conditioned or delayed) the Contractor and all subcontractors Tenant.
60.02 Landlord currently estimates that will be performing any portion of the Work. All contractors that will be performing any portion of the Work shall be union contractors. Tenant will pay all direct and indirect costs of the design and construction of the Tenant Improvements (subject to the Landlord’s payment of the Improvement Allowance as provided for herein). Such costs may include, without limitation, all costs of preparing the Space Plan, construction document preparation, design, Plans and Specifications, general conditions, labor, materials, and other construction costs, the fees (on an hourly basis) of Contractor’s project manager and site superintendent for the Tenant Improvements, and all costs incurred in connection with obtaining permits for the Tenant Improvements. For all purposes of ownership, including risk of loss thereto, the Tenant Improvements will immediately upon installation Work can be and remain completed to a part of the Building and the property of Landlord, provided that as provided in Section 15 of this Lease, Landlord may require Tenant to remove same upon the expiration or earlier termination of the Lease Term. Tenant currently occupies the Premises under the Existing Sublease and Landlord permits Tenant to immediately commence construction of the Tenant Improvements from and after the Effective Date of this Lease [subject to level permitting Tenant’s compliance with occupancy on or before November 10, 2006 provided the terms and conditions of the Existing Sublease Final Layout Plans are mutually agreed to by November 1, 2006. If Landlord shall, for any reason (if then applicable), including, without limitation, Tenant’s receipt of approval from Tenant’s sublessor thereunder]. Tenant shall use its best efforts failure to complete the work, if any, required to be done by Landlord under this lease) fail to make available to Tenant Improvements possession of the Leased Premises on or before July 31November 10, 20172006 or any other date, Landlord shall not be subject to any liability for such failure nor for any failure to timely complete any work. Notwithstanding Under such circumstances, Tenant’s obligations to pay Base Rent and Tenant’s Share of Operating Expenses shall not commence until the foregoing sentence Commencement Date; and such failure to make available to Tenant possession of the contraryLeased Premises on or before November 10, as 2006 or any other date or to timely complete any work, shall not in any other way affect the validity or continuance of this Lease, nor the Term or the obligations of Tenant hereunder. Such deferral of rent shall be Tenant’s sole and exclusive right and remedy with respect to any such failure. There shall be no deferral of rent, however, if any such failure is caused in whole or part by any act or omission of Tenant, its agents, servants, employees or contractors, which has the effect of hindering or delaying Landlord's delivery of possession or the timely completion of any work to be done by Landlord (hereinafter a "Tenant Delay") including, without limitation, (a) any delay caused by failure to mutually agree upon the Final Layout Plans on or before November 1, 2006, (b) any delay which is caused by changes in the work to be performed by Landlord in readying the Leased Premises for Tenant's occupancy, (c) any delay, not caused by Landlord, in furnishing materials or procuring labor required to be furnished or procured for the completion of the Leased Premises, or (d) any delay which is caused by any failure by Tenant, without regard to any grace period applicable thereto, promptly to furnish to Landlord any required information, approval or consent or caused by any good faith reluctance on the part of Landlord to approve any information required to be submitted by Tenant and approved by Landlord, or (e) any delay which is caused by the performance of any work or activity in the Leased Premises by Tenant or any of its employees, agents or contractors, including but not limited to any of the Tenant ImprovementsInstallations (hereinafter defined). The time for Landlord’s completion of Landlord’s Work will be extended on a day-by-day basis for each day of delay attributable to a Tenant Delay. Tenant also shall pay to Landlord, within 10 days after receipt of demand made from time to time, a sum equal to any additional cost to Landlord in completing the Leased Premises resulting from any Tenant Delay.
60.03 Landlord and Tenant acknowledge that the Leased Premises may be available for occupancy and therefore the Commencement Date may occur prior to the completion of Landlord’s Work. In the event Tenant occupies the Leased Premises prior to completion of Landlord’s Work, Tenant agrees to permit Landlord and its contractor, subcontractor and employees to access the Leased Premises at all times, and without further notice, to complete the Landlord’s Work, Landlord agrees to use all reasonable efforts to minimize interference with Tenant’s use of the Leased Premises and operation of its business during completion of Landlord’s Work, but Tenant confirms its understanding and agreement that completion of the Landlord’s Work may result in noise, vibration, dirt, dust and other circumstances necessarily arising from such construction. Landlord shall have no liability (and Tenant shall not be entitled to claim damages or any actual or constructive eviction, or right of offset or reduction in its rent or other monetary obligations) as a consequence of any disruption or interference with Tenant’s use of the Leased Premises or conduct of its business throughout the completion of such construction. In the event the Leased Premises are available for Tenant’s occupancy prior to November 10, 2006, Tenant shall, at its election, be permitted to occupy the Leased Premises subject to all the terms and provisions of this Lease; provided, however, Tenant shall perform the work necessary not be obligated to separately demise the Premises pay Base Rent for that period of time occurring from the remaining portion of date the sixth Leased Premises are ready for occupancy up to November 10, 2006.
60.04 Within fifteen (6th15) floor of days after the BuildingLandlord’s Work is completed, including the installation of a demising wall (the “Demising Work”) on or before April 1, 2017. Tenant acknowledges that the tenant in the premises adjacent to the Premises will also be performing demising work. Tenant’s performance of the Demising Work shall be coordinated with Landlord and Tenant shall cooperate with Landlord and/or prepare a mutually agreed-upon list (“LW Punch List”) of items of the Landlord’s contractors Work that need to be corrected or repaired. Landlord agrees to cause the items set forth in all ways the LW Punch List to ensure be corrected or repaired within thirty (30) days after the efficient date the LW Punch List is prepared. As used in this Section 60.04, “LW Punch List” items means minor details of construction or decoration that do not interfere with the Tenant’s use and expeditious scheduling, staging and performance enjoyment of the Demising Work. The Demising Work shall not adversely affect any construction work being performed by or for Landlord or its tenants and shall be performed in harmony with Landlord’s contractors and subcontractors and with other contractors and subcontractors in the Complex. Tenant shall impose on and enforce all applicable terms of this Tenant Improvements Agreement against Tenant’s contractors. Landlord shall have the right to order Tenant or any of Tenant’s contractors who violate the requirements imposed on Tenant or Tenant’s contractors in performing the Demising Work to cease performance of the Demising Work and to remove its equipment and employees from the Building. No such action by Landlord shall cause any extension of the Commencement Date nor relieve Tenant from any of its obligations under the Lease. Further, notwithstanding anything herein to the contrary, any delay in the completion of the Demising Work, or any interference to Tenant’s business operations or inconvenience suffered by Tenant during the performance of any adjacent tenant’s demising work shall not subject Landlord to any liability for any loss or damages resulting there from nor entitle Tenant to any credit, abatement or adjustment of Rent or other sum payable under the Lease, as amended hereby. During Tenant’s design, construction and installation of the Tenant Improvements, Tenant shall pay for all Building services and utilities, if and to the extent required, (i) in accordance with the Existing Sublease from the Effective Date through March 31, 2017, and (ii) in accordance with this Lease from and after April 1, 2017Leased Premises.
Appears in 1 contract
Samples: Office Lease (Rancher Energy Corp.)
Tenant Improvements. Landlord shall cause the work (the “Tenant will cause Improvements”) described in the Work Letter attached hereto as Exhibit A (the “Work Letter”) to be constructedconstructed in the Premises at a cost to Landlord not to exceed Five Hundred Fifty-One Thousand Five Hundred Dollars ($551,500) (the “TI Allowance”).
7.1 The TI Allowance may be applied to the costs of (a) construction, at Tenant’s sole cost and expense (subject to Landlord’s payment b) project management by Landlord (which fee shall equal one point five percent (1.5%) of the Improvement cost of the Tenant Improvements, including the TI Allowance), (c) commissioning of mechanical, electrical and plumbing systems by a licensed, qualified commissioning agent hired by Landlord, and review of such party’s commissioning report by a licensed, qualified commissioning agent hired by Tenant, (d) space planning, architect, engineering and other related services performed by third parties unaffiliated with Tenant, (e) building permits and other taxes, fees, charges and levies by Governmental Authorities for permits or for inspections of the Tenant Improvements, and (f) costs and expenses for labor, material, equipment and fixtures. The In no event shall the TI Allowance be used for (w) payments to Tenant Improvements will be designed and constructed as described in this Exhibit “D”. or any affiliates of Tenant, (x) the purchase of any furniture, personal property or other non-building system equipment, (y) costs arising from any default by Tenant will select of its obligations under the Contractor to be the general contractor to perform the Work. Landlord Lease or (z) costs that are recoverable by Tenant from a third party (e.g., insurers, warrantors, or tortfeasors).
7.2 Tenant shall have until the right to approve date that is eighteen (18) months after the First Amendment Execution Date (such approval not date, the “TI Deadline”), to be unreasonably withheld, conditioned or delayed) expend the Contractor and all subcontractors that will be performing any unused portion of the WorkTI Allowance, after which date Landlord’s obligation to fund any such costs shall expire. All contractors In no event shall any unused TI Allowance entitle Tenant to a credit against Rent payable under the Lease.
7.3 Tenant acknowledges that will Landlord shall be performing any portion constructing the Tenant Improvements in the Premises during Tenant’s occupancy of the Work shall be union contractorsPremises for the Permitted Use. Tenant will pay shall permit Landlord to enter the Premises at all direct times (including during business hours) to construct the Tenant Improvements, and indirect costs of Tenant shall otherwise reasonably cooperate with Landlord throughout the design construction process to enable Landlord to complete the Tenant Improvements in a timely and efficient manner. In constructing the Tenant Improvements, Landlord shall reasonably cooperate with Tenant so as to cause as little interference to Tenant as is reasonably possible; provided, however, that in no event shall Landlord’s construction of the Tenant Improvements (subject to the Landlord’s payment of the Improvement Allowance as provided for herein). Such costs may include, without limitation, all costs of preparing the Space Plan, construction document preparation, design, Plans and Specifications, general conditions, labor, materials, and other construction costs, the fees (on an hourly basis) of Contractor’s project manager and site superintendent for the Tenant Improvements, and all costs incurred in connection with obtaining permits for the Tenant Improvements. For all purposes of ownership, including risk of loss thereto, the Tenant Improvements will immediately upon installation be and remain a part of the Building and the property of Landlord, provided that as provided in Section 15 of this Lease, Landlord may require Tenant to remove same upon the expiration or earlier termination of the Lease Term. Tenant currently occupies the Premises under the Existing Sublease and Landlord permits Tenant (a) cause Rent to immediately commence construction of the Tenant Improvements from and after the Effective Date of this Lease [subject to Tenant’s compliance with the terms and conditions of the Existing Sublease (if then applicable), including, without limitation, Tenant’s receipt of approval from Tenant’s sublessor thereunder]. Tenant shall use its best efforts to complete the Tenant Improvements on or before July 31, 2017. Notwithstanding the foregoing sentence to the contrary, as part of the Tenant Improvements, Tenant shall perform the work necessary to separately demise the Premises from the remaining portion of the sixth (6th) floor of the Building, including the installation of a demising wall (the “Demising Work”) on or before April 1, 2017. Tenant acknowledges that the tenant in the premises adjacent to the Premises will also be performing demising work. Tenant’s performance of the Demising Work shall be coordinated with Landlord and Tenant shall cooperate with Landlord and/or Landlord’s contractors in all ways to ensure the efficient and expeditious scheduling, staging and performance of the Demising Work. The Demising Work shall not adversely affect any construction work being performed by or for Landlord or its tenants and shall be performed in harmony with Landlord’s contractors and subcontractors and with other contractors and subcontractors in the Complex. Tenant shall impose on and enforce all applicable terms of this Tenant Improvements Agreement against Tenant’s contractors. Landlord shall have the right to order Tenant or any of Tenant’s contractors who violate the requirements imposed on Tenant or Tenant’s contractors in performing the Demising Work to cease performance of the Demising Work and to remove its equipment and employees from the Building. No such action by Landlord shall cause any extension of the Commencement Date nor relieve Tenant from any of its obligations under the Lease. Further, notwithstanding anything herein to the contrary, any delay in the completion of the Demising Work, or any interference to Tenant’s business operations or inconvenience suffered by Tenant during the performance of any adjacent tenant’s demising work shall not subject Landlord to any liability for any loss or damages resulting there from nor entitle Tenant to any credit, abatement or adjustment of Rent or other sum payable xxxxx under the Lease, as amended hereby. During (b) give rise to any claim by Tenant for damages or (c) constitute a forcible or unlawful entry, a detainer or an eviction of Tenant’s design, construction and installation of the Tenant Improvements, Tenant shall pay for all Building services and utilities, if and to the extent required, (i) in accordance with the Existing Sublease from the Effective Date through March 31, 2017, and (ii) in accordance with this Lease from and after April 1, 2017.
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Tenant Improvements. Prior to the Lease Commencement Date, Landlord shall, in a good and workmanlike manner and with building-standard materials, make improvements to the Premises ("Tenant will cause Improvements") in accordance with plans and specifications ("Plans and Specifications") to be constructedprepared by Landlord and approved in writing by Tenant, at Tenant’s sole cost and expense (subject to Landlord’s payment of the Improvement Allowance), the Tenant Improvements. The Tenant Improvements will be designed and constructed as described in this Exhibit “D”. Tenant will select the Contractor to be the general contractor to perform the Work. Landlord which approval shall have the right to approve (such approval not to be unreasonably withheld. In connection therewith, conditioned or delayed) Landlord will prepare a budget for Tenant's review and approval. Once the Contractor Plans and all subcontractors Specifications are acceptable to both parties, it is agreed that will be performing any portion of the Work. All contractors that will be performing any portion of the Work same shall be union contractors. Tenant will pay all direct attached hereto and indirect costs of the design and construction of the Tenant Improvements (subject to the Landlord’s payment of the Improvement Allowance as provided for herein). Such costs may include, without limitation, all costs of preparing the Space Plan, construction document preparation, design, Plans and Specifications, general conditions, labor, materials, and other construction costs, the fees (on an hourly basis) of Contractor’s project manager and site superintendent for the Tenant Improvements, and all costs incurred in connection with obtaining permits for the Tenant Improvements. For all purposes of ownership, including risk of loss thereto, the Tenant Improvements will immediately upon installation be and remain become a part of the Building and the property of Landlord, provided that as provided in Section 15 of this Lease, being identified as SCHEDULE B. Except as otherwise specifically provided in this Lease, Landlord may require Tenant shall not be responsible for performing or paying for the moving or installation of telephone and computer systems, wiring or cabling, or the acquisition, moving or installation of Tenant's furnishings, fixtures and equipment in the Premises; provided, however, to remove same upon the expiration or earlier termination of the Lease Term. Tenant currently occupies the Premises under the Existing Sublease and Landlord permits Tenant to immediately commence construction of extent the Tenant Improvements from and after Allowance (hereinafter defined) is not fully utilized to pay for the Effective Date of this Lease [subject to Tenant’s compliance with the terms and conditions of the Existing Sublease (if then applicable), including, without limitation, Tenant’s receipt of approval from Tenant’s sublessor thereunder]. Tenant shall use its best efforts to complete the Tenant Improvements on or before July 31, 2017. Notwithstanding the foregoing sentence to the contrary, as part cost of the Tenant Improvements, up to Eight Thousand Sixty-Six Dollars ($8,066.00) may be applied to Tenant's moving and cabling expenses provided Tenant shall perform submits to Landlord invoices evidencing such cabling and/or moving expenses. Landlord agrees to bear the work necessary cost of the Tenant Improvements in an amount not to separately demise exceed Two Hundred One Thousand Six Hundred Fifty Dollars and No Cents ($201,650.00)("Tenant Allowance"), which amount includes demolition costs, Landlord's construction management fee and any other costs (exclusive of Common Area and corridor costs) required to improve the Premises from its current "as-is" condition. Tenant covenants and agrees to pay to Landlord, as Additional Rent, all costs and expenses incurred by Landlord in performing the remaining portion Tenant Improvements in excess of the sixth Tenant Allowance and to make such payment within thirty (6th30) floor days after receipt of a reasonably detailed invoice for same from Landlord. Except as otherwise provided in this Section 5.1., any excess of the Building, including Tenant Allowance over the installation total cost of a demising wall (constructing the “Demising Work”) on or before April 1, 2017Tenants Improvement shall belong solely to Landlord. Tenant acknowledges that the tenant in the premises adjacent Any other initial improvements to the Premises will also be performing demising work. Tenant’s performance of not shown on the Demising Work shall be coordinated with Landlord Plans and Tenant shall cooperate with Landlord and/or Specifications are subject to Landlord’s contractors in all ways to ensure the efficient and expeditious scheduling's prior written approval, staging and performance of the Demising Work. The Demising Work which approval shall not adversely affect any construction work being performed by be unreasonably withheld or for Landlord or its tenants delayed, and such improvements shall be performed in harmony with by Landlord’s contractors , and subcontractors and with other contractors and subcontractors in the Complexcost thereof shall be paid by Tenant to Landlord within thirty (30) days following receipt of an invoice for same from Landlord. Any amounts payable by Tenant hereunder shall impose include Landlord's standard construction management fee computed on and enforce all applicable terms the total cost of this Tenant Improvements Agreement against Tenant’s contractors. Landlord shall have the right to order Tenant or any of Tenant’s contractors who violate the requirements imposed on Tenant or Tenant’s contractors in performing the Demising Work to cease performance of the Demising Work and to remove its equipment and employees from the Building. No such action by Landlord shall cause any extension of the Commencement Date nor relieve Tenant from any of its obligations under the Lease. Furtherconstruction (currently 13.5%), notwithstanding anything herein including but not limited to the contrarycost of developing, any delay in the completion of the Demising Work, or any interference to Tenant’s business operations or inconvenience suffered by Tenant during the performance of any adjacent tenant’s demising work shall not subject Landlord to any liability for any loss or damages resulting there from nor entitle Tenant to any credit, abatement or adjustment of Rent or other sum payable under the Lease, as amended hereby. During Tenant’s design, preparing and modifying construction and installation of the Tenant Improvements, Tenant shall pay for all Building services and utilities, if and to the extent required, (i) in accordance with the Existing Sublease from the Effective Date through March 31, 2017, and (ii) in accordance with this Lease from and after April 1, 2017drawings.
Appears in 1 contract
Tenant Improvements. (a) Landlord and Tenant will cause to be constructed, at Tenant’s sole cost and expense (subject to Landlord’s payment each shall comply with the provisions of the Improvement Allowance), the Tenant Improvements. The Tenant Improvements will be designed and constructed as described in this Exhibit “D”EXHIBIT B attached hereto. Tenant will select the Contractor agrees to be the general contractor to perform the Work. cooperate with Landlord shall have the right to approve (such approval not to be unreasonably withheld, conditioned or delayed) the Contractor and all subcontractors that will be performing any portion of the Work. All contractors that will be performing any portion of the Work shall be union contractors. Tenant will pay all direct and indirect costs of the design and in Landlord's construction of the Tenant Improvements Finish Work (subject to the Landlord’s payment of the Improvement Allowance as provided for hereindefined in said EXHIBIT B). Such costs may include, without limitation, all costs of preparing the Space Plan, construction document preparation, design, Plans and Specifications, general conditions, labor, materials, and other construction costs, the fees (on an hourly basis) of Contractor’s project manager and site superintendent for the Tenant Improvements, and all costs incurred in connection with obtaining permits for the Tenant Improvements. For all purposes of ownership, including risk of loss thereto, the Tenant Improvements will immediately upon installation be and remain a part of the Building and the property of shall not take any action which would impede or hinder Landlord, provided that as provided in Section 15 of this Lease, Landlord may require Tenant to remove same upon the expiration or earlier termination of the Lease Term. Tenant currently occupies the Premises under the Existing Sublease and Landlord permits Tenant to immediately commence 's construction of the Tenant Improvements from Finish Work. Tenant hereby grants to Landlord access to the Existing Space and after the Effective Date of this Lease [subject to Tenant’s compliance with Expansion Space commencing on the terms and conditions date hereof, for the purpose of the Existing Sublease (if then applicable), including, without limitation, Tenant’s receipt of approval from Tenant’s sublessor thereunder]. Tenant shall use its best efforts to complete the Tenant Improvements on or before July 31, 2017. Notwithstanding the foregoing sentence to the contrary, as part construction of the Tenant Improvements, Tenant shall perform Finish Work and performing the work necessary to separately demise the Premises from the remaining portion obligations of the sixth (6th) floor of the Building, including the installation of a demising wall (the “Demising Work”) on or before April 1, 2017. Landlord set forth in EXHIBIT B. Tenant acknowledges that (i) the tenant in the premises adjacent to the Premises will also be performing demising work. Tenant’s performance construction of the Demising Tenant Finish Work shall be coordinated with may affect Tenant's business, (ii) Landlord and Tenant shall cooperate with Landlord and/or Landlord’s contractors in all ways to ensure the efficient and expeditious scheduling, staging and performance of the Demising Work. The Demising Work shall not adversely affect be responsible for any effect such construction work being performed by may have on Tenant's business, and (iii) any such disturbance or for Landlord effect in (i) or its tenants and (ii) shall be performed in harmony with Landlord’s contractors and subcontractors and with other contractors and subcontractors in the Complex. Tenant shall impose on and enforce all applicable terms of this Tenant Improvements Agreement against Tenant’s contractors. Landlord shall have the right to order Tenant or any of Tenant’s contractors who violate the requirements imposed on Tenant or Tenant’s contractors in performing the Demising Work to cease performance of the Demising Work and to remove its equipment and employees from the Building. No such action not constitute a default by Landlord shall cause any extension of the Commencement Date nor relieve Tenant from any of its obligations under the Lease. Further, notwithstanding anything herein to the contrary, any delay in the completion of the Demising Work, or any interference to Tenant’s business operations or inconvenience suffered by Tenant during the performance of any adjacent tenant’s demising work shall not subject Landlord to any liability for any loss or damages resulting there from nor entitle Tenant to any credit, abatement or adjustment of Rent or other sum payable under the Lease, Lease as amended hereby.
(b) THE EXPANSION SPACE SHALL BE FURNISHED TO TENANT ON THE EXPANSION DATE IN AN AS-IS CONDITION AND LANDLORD SHALL NOT BE OBLIGATED TO MAKE ANY IMPROVEMENTS THERETO EXCEPT AS MAY BE PROVIDED IN EXHIBIT B, NOR SHALL TENANT BE ENTITLED TO ANY ALLOWANCE WITH RESPECT THERETO, EXCEPT AS MAY BE PROVIDED IN EXHIBIT B. ADDITIONALLY, LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE LEASEHOLD IMPROVEMENTS IN THE EXISTING SPACE, THE EXPANSION SPACE OR ANY PORTION THEREOF. During Tenant’s designALL IMPLIED WARRANTIES WITH RESPECT THERETO, construction and installation of the Tenant ImprovementsINCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, Tenant shall pay for all Building services and utilities, if and to the extent required, (i) in accordance with the Existing Sublease from the Effective Date through March 31, 2017, and (ii) in accordance with this Lease from and after April 1, 2017ARE EXPRESSLY NEGATED AND WAIVED.
Appears in 1 contract
Samples: Office Lease (Penson Worldwide Inc)
Tenant Improvements. Following delivery of the Premises to Tenant will cause on the Delivery Date, the Tenant Improvements shall be performed by Xxxxxx (or, with respect to be constructedthe TI by Landlord, by Landlord) at Tenant’s sole cost and expense (subject to Landlord’s payment of the Improvement TI Allowance) substantially in accordance with the Approved TI Plans (subject only to changes made in accordance with Section 6.3), the Tenant Improvementsprovisions of the Lease governing Alterations (to the extent not inconsistent with this Work Letter), and this Work Letter. The schedule for the construction of the Tenant Improvements will (other than the TI by Landlord) shall be designed and constructed as described in this Exhibit accordance with a schedule to be prepared by Xxxxxx’s general contractor (the “DTI Schedule”). Tenant shall prepare the TI Schedule so that it is a reasonable schedule for the completion of the Tenant Improvements (other than the TI by Landlord), taking into account the work necessary for Landlord to achieve Substantial Completion by the date set forth in the GMP Contract. The TI Schedule shall clearly identify estimated dates and time periods when Tenant’s contractor will select require access to areas that are under construction by Landlord. As soon as the Contractor TI Schedule is completed, Tenant shall deliver the same to be the general contractor to perform the Work. Landlord for Landlord’s approval, which approval shall have the right to approve (such approval not to be unreasonably withheld, conditioned or delayed) the Contractor and all subcontractors that will be performing any portion of the Work. All contractors that will be performing any portion of the Work Such TI Schedule shall be union contractors. Tenant will pay all direct and indirect costs of the design and construction of the Tenant Improvements (subject to the Landlord’s payment of the Improvement Allowance as provided for herein). Such costs may include, without limitation, all costs of preparing the Space Plan, construction document preparation, design, Plans and Specifications, general conditions, labor, materials, and other construction costs, the fees (on an hourly basis) of Contractor’s project manager and site superintendent for the Tenant Improvements, and all costs incurred in connection with obtaining permits for the Tenant Improvements. For all purposes of ownership, including risk of loss thereto, the Tenant Improvements will immediately upon installation be and remain a part of the Building and the property of approved or disapproved by Landlord, provided that as provided in Section 15 of this Lease, Landlord may require Tenant to remove same upon the expiration or earlier termination of the Lease Term. Tenant currently occupies the Premises under the Existing Sublease and Landlord permits Tenant to immediately commence construction of the Tenant Improvements from and after the Effective Date of this Lease [subject to Tenant’s compliance with the terms and conditions of the Existing Sublease (if then applicable), including, without limitation, Tenant’s receipt of approval from Tenant’s sublessor thereunder]. Tenant shall use its best efforts to complete the Tenant Improvements on or before July 31, 2017. Notwithstanding the foregoing sentence to the contrary, as part of the Tenant Improvements, Tenant shall perform the work necessary to separately demise the Premises from the remaining portion of the sixth (6th) floor of the Building, including the installation of a demising wall (the “Demising Work”) on or before April 1, 2017. Tenant acknowledges that the tenant in the premises adjacent to the Premises will also be performing demising work. Tenant’s performance of the Demising Work shall be coordinated with Landlord and Tenant shall cooperate with Landlord and/or Landlord’s contractors in all ways to ensure the efficient and expeditious scheduling, staging and performance of the Demising Work. The Demising Work shall not adversely affect any construction work being performed by or for Landlord or its tenants and shall be performed in harmony following consultation with Landlord’s contractors and subcontractors and with other contractors and subcontractors in General Contractor, within ten (10) business days after delivery to Landlord. Landlord’s failure to respond within such ten (10) business day period shall be deemed approval by Landlord. If Landlord disapproves the Complex. Tenant shall impose on and enforce all applicable terms of this Tenant Improvements Agreement against Tenant’s contractors. TI Schedule, then Landlord shall have the right to order notify Tenant or any of Tenant’s contractors who violate the requirements imposed on Tenant or Tenant’s contractors in performing the Demising Work to cease performance of the Demising Work and to remove its equipment and employees from the Building. No such action by Landlord shall cause any extension of the Commencement Date nor relieve Tenant from any writing of its obligations under the Lease. Furtherobjections to such TI Schedule, notwithstanding anything herein to the contrary, any delay in the completion of the Demising Work, or any interference to Tenant’s business operations or inconvenience suffered by Tenant during the performance of any adjacent tenant’s demising work shall not subject Landlord to any liability for any loss or damages resulting there from nor entitle Tenant to any credit, abatement or adjustment of Rent or other sum payable under the Lease, as amended hereby. During Tenant’s design, construction and installation of the Tenant Improvements, Tenant shall pay for all Building services and utilities, if and to the extent required, (i) in accordance with the Existing Sublease from the Effective Date through March 31, 2017reasonable detail, and (ii) the parties shall confer and negotiate in accordance with this Lease from and after April 1, 2017good faith to reach agreement on the TI Schedule.
Appears in 1 contract
Tenant Improvements. (a) Landlord shall provide Tenant will cause with an allowance in an amount up to $155,000 (the “Tenant Improvement Allowance”) towards (A) the costs of Landlord’s Work and (B) the hard and soft costs of improvements to be constructedconstructed in the Premises by Xxxxxx (such improvements to be constructed by Tenant, collectively, the “Tenant Improvements”). The Tenant may allocate any unused portion of the Tenant Improvement Allowance, if any, to racking setup and charging stations. Tenant acknowledges and agrees that, except for the Landlord’s Work, Landlord has no obligation whatsoever to make any improvements to the Premises, Building or Common Areas, it being the understanding of the parties that Tenant accepts the Premises, Building and Common Areas in their current “AS IS” condition and that Tenant shall be solely obligated, at Tenant’s sole cost and expense (subject to Landlord’s payment the application of the Tenant Improvement Allowance), to make any improvements necessary for Tenant’s business operations in the Tenant Improvements. The Tenant Improvements will be designed Premises and constructed as described in this Exhibit “D”. Tenant will select the Contractor to be the general contractor to perform the Work. Landlord shall have the right to approve (such approval not to be unreasonably withheld, conditioned or delayed) the Contractor obtain any and all subcontractors that will be performing any portion of the Work. All contractors that will be performing any portion of the Work shall be union contractors. Tenant will pay all direct and indirect costs of the design and Permits required for Tenant’s construction of the Tenant Improvements (subject to the Landlordand Tenant’s payment occupancy of the Improvement Allowance as provided for herein)Premises. Such costs may includeThe Tenant Improvements shall be constructed by Tenant and Tenant’s Agents in a good and workmanlike manner, without limitation, all costs of preparing the Space Plan, construction document preparation, design, Plans and Specifications, general conditions, labor, using new or like-new materials, and other construction costs, in accordance with all applicable Laws and in accordance with the fees (on an hourly basis) terms and conditions of Contractor’s project manager and site superintendent for the Tenant Improvements, and all costs incurred in connection with obtaining permits for the Tenant Improvements. For all purposes of ownershipthis Lease, including risk but not limited to Section 12 and Section 13 (the “Lease Requirements”). Without limiting any of loss theretothe Lease Requirements, the Tenant Improvements will immediately upon installation shall conform with a space plan, specifications and construction drawings reasonably approved in writing in advance by Landlord and shall be performed in accordance with Landlord’s reasonable construction rules and remain regulations and in such a part manner and at such times as not to interfere with the operation of the Building, and/or the occupancy thereof by other tenants. All of Tenant’s contractors and subcontractors working in connection with the Tenant Improvements shall carry insurance reasonably required by Landlord, naming Landlord as an additional insured where appropriate and all such contractors and subcontractors shall contact Landlord and schedule time periods during which they may use Building facilities in connection with such work. Subject to the foregoing, Landlord shall disburse the balance of the Tenant Improvement Allowance (after deducting the amount required for Landlord’s Work) to Tenant in installments (no more frequently than once per month) of at least $25,000 within thirty (30) days after Xxxxxxxx’s receipt of written request therefor after the Tenant Improvements have been completed, together with the following: (1) the appropriate AIA application for payment signed by Xxxxxx’s general contractor and architect and notarized, (2) copies of all required current Permits for the property Tenant Improvements not previously provided to Landlord, (3) paid invoices, and (4) lien waivers from contractors, subcontractors and vendors for completed work provided on a 30-day trailing basis, with waivers for any portion of the Tenant Improvement Allowance previously funded by Landlord and any portion of the Tenant Improvement costs previously required to be 126390.00400/118481426v.4 04/15/2019 05:55 A4P4 paid by Xxxxxx being submitted with the current request. Tenant shall pay all costs of the Tenant Improvements in excess of the Tenant Improvement Allowance after the exhaustion of the Tenant Improvement Allowance. Any portion of the Tenant Improvement Allowance not used within one (1) year after the Commencement Date shall be deemed forfeited. Tenant will not be required to pay Landlord (or any affiliate vendor/contractor of Landlord, provided that as provided ) any construction administration or construction supervision fee in Section 15 connection with the construction of this Leasethe Tenant Improvements.
(b) Commencing on the Effective Date, Landlord may require shall permit Tenant to remove same upon the expiration or earlier termination of the Lease Term. Tenant currently occupies enter the Premises under the Existing Sublease and Landlord permits Tenant in order to immediately commence construction of the Tenant Improvements from and after installing its equipment, racking system, cabling, wiring, fixtures, and furniture, subject to Tenant obtaining, at Tenant’s sole cost and expense, all Permits in connection with the Effective Date installation thereof. With respect to such early access, all provisions of this Lease [subject to Tenant’s compliance with the terms shall then be in full force and conditions of the Existing Sublease (if then applicable)effect, specifically including, without limitationbut not limited to, Sections 8 and 10 hereof (excluding however, Tenant’s receipt of approval from Tenantobligation to pay Monthly Rent). Furthermore, Xxxxxx’s sublessor thereunder]. Tenant entry in the Premises shall use its best efforts to complete the Tenant Improvements on or before July 31, 2017. Notwithstanding the foregoing sentence to the contrary, as part not interfere with Xxxxxxxx’s construction of the Landlord’s Work and any such interference shall be considered a Tenant ImprovementsDelay hereunder. In connection with such early access, Tenant shall perform follow the work necessary to separately demise the Premises from the remaining portion policies and safety directives of the sixth (6th) floor of the Building, including the installation of a demising wall (the “Demising Work”) on or before April 1, 2017. Tenant acknowledges that the tenant in the premises adjacent to the Premises will also be performing demising work. Tenant’s performance of the Demising Work shall be coordinated with Landlord and Tenant shall cooperate with Landlord and/or Landlord’s contractors in all ways to ensure the efficient and expeditious scheduling, staging and performance of the Demising Work. The Demising Work shall not adversely affect any construction work being performed by or for Landlord or its tenants and shall be performed in harmony with Landlord’s contractors and subcontractors and with other contractors and subcontractors in the Complex. Tenant shall impose on and enforce all applicable terms of this Tenant Improvements Agreement against Tenant’s contractors. Landlord shall have the right to order Tenant or any of Tenant’s contractors who violate the requirements imposed on Tenant or Tenant’s contractors in performing the Demising Work to cease performance of the Demising Work and to remove its equipment and employees from the Building. No such action by Landlord shall cause any extension of the Commencement Date nor relieve Tenant from any of its obligations under the Lease. Further, notwithstanding anything herein to the contrary, any delay in the completion of the Demising Work, or any interference to Tenant’s business operations or inconvenience suffered by Tenant during the performance of any adjacent tenant’s demising work shall not subject Landlord to any liability for any loss or damages resulting there from nor entitle Tenant to any credit, abatement or adjustment of Rent or other sum payable under the Lease, as amended hereby. During Tenant’s design, construction and installation of the Tenant Improvements, Tenant shall pay for all Building services and utilities, if and to the extent required, (i) in accordance with the Existing Sublease from the Effective Date through March 31, 2017, and (ii) in accordance with this Lease from and after April 1, 2017contractor.
Appears in 1 contract
Samples: Lease Agreement (Penumbra Inc)
Tenant Improvements. Tenant will cause Prior to be constructedthe Commencement Date, Sublandlord, at Tenant’s sole cost and Sublandlord's expense shall provide the building improvements to the existing interiors as described on Exhibit "C-l" (subject to Landlord’s payment of the Improvement Allowance), the Tenant Improvements) . Subtenant is responsible for all costs of Tenant Improvements exceeding $128,877.00 (One Hundred Twenty-Eight Thousand, Eight Hundred Seventy-Seven and no/100 Dollars); provided, however, that no costs shall be incurred by Sublandlord in excess of such amount without the prior written consent of Subtenant. The Tenant Improvements will shall be designed constructed in accordance with all applicable laws, in a good and constructed as described in this Exhibit “D”workmanlike manner, free of defects and using new materials and equipment of good quality. Sublandlord shall obtain at least two (2) competitive bids for the Tenant will select the Contractor to be the general contractor to perform the Work. Landlord Improvement work and Subtenant shall have the right to approve the contractor engaged to perform such work. Within thirty (30) days after the Commencement Date, Subtenant shall have the right to submit a written "punch-list" to Sublandlord setting forth any defective item of construction, and Sublandlord shall promptly cause such approval not items to be unreasonably withheld, conditioned or delayed) the Contractor and all subcontractors that will be performing any portion corrected. Subtenant's acceptance of the WorkPremises or submission of a "punch-list" shall not be deemed a waiver of Subtenant's right to have defects in the Tenant Improvements or the Premises repaired at no cost to Subtenant. All contractors that will be performing Subtenant shall give notice to Sublandlord whenever any portion such defect becomes reasonable apparent, and Sublandlord shall repair such defect as soon as practicable. Notwithstanding anything to the contrary set forth herein, the cost of the Work Tenant Improvements shall be union contractors. not include (and Subtenant shall have no responsibility for) any of the following: (i) costs attributable to improvements installed outside the demising walls of the Premises unless (1) necessitated by Tenant will pay all direct Improvements made inside the demising walls of the Premises, or (2) requested by Subtenant or as described in Exhibit C-1; (ii) costs for ----------- improvements which are not described in Exhibit C-l unless otherwise approved ----------- by Subtenant; (iii) attorney's fees incurred in connection with negotiation of construction contracts, and indirect attorney's fees, experts' fees and other costs of legal and arbitration proceedings to resolve construction defects; (iv)loan fees, mortgage brokerage fees, interest and other costs of financing construction costs; (v) costs included as a consequence of delay (unless the design delay is caused by Subtenant, its agents, contractors, licenses, or invitees) or construction disputes with third parties; (vi) penalties and late charges attributable to the failure to pay construction costs in accordance with the Sublease except to the extent that such penalties and late charges arise due to delays caused by Subtenant, its agents, contractors, licensees or invitees; (vii) any xxxx-up charged by Sublandlord in connection whit the construction of the Tenant Improvements Improvements; and (subject viii) any costs due to the Landlord’s payment negligence or willful misconduct of the Improvement Allowance as provided for herein). Such costs may include, without limitation, all costs of preparing the Space Plan, construction document preparation, design, Plans and Specifications, general conditions, labor, materials, and any party (other construction costs, the fees (on an hourly basis) of Contractor’s project manager and site superintendent for the Tenant Improvements, and all costs incurred in connection with obtaining permits for the Tenant Improvements. For all purposes of ownership, including risk of loss thereto, the Tenant Improvements will immediately upon installation be and remain a part of the Building and the property of Landlord, provided that as provided in Section 15 of this Lease, Landlord may require Tenant to remove same upon the expiration than Subtenant or earlier termination of the Lease Term. Tenant currently occupies the Premises under the Existing Sublease and Landlord permits Tenant to immediately commence construction of the Tenant Improvements from and after the Effective Date of this Lease [subject to Tenant’s compliance with the terms and conditions of the Existing Sublease (if then applicableits employees or agents), including, without limitation, Tenant’s receipt of approval from Tenant’s sublessor thereunder]. Tenant shall use its best efforts to complete the Tenant Improvements on or before July 31Sublandlord, 2017. Notwithstanding the foregoing sentence to the contrary, as part of the Tenant Improvements, Tenant shall perform the work necessary to separately demise the Premises from the remaining portion of the sixth (6th) floor of the Building, including the installation of a demising wall (the “Demising Work”) on or before April 1, 2017. Tenant acknowledges that the tenant in the premises adjacent to the Premises will also be performing demising work. Tenant’s performance of the Demising Work shall be coordinated with Landlord Sublandlord's architects and Tenant shall cooperate with Landlord and/or Landlord’s contractors in all ways to ensure the efficient and expeditious scheduling, staging and performance of the Demising Work. The Demising Work shall not adversely affect any construction work being performed by or for Landlord or its tenants and shall be performed in harmony with Landlord’s contractors and subcontractors and with other contractors and subcontractors in the Complex. Tenant shall impose on and enforce all applicable terms of this Tenant Improvements Agreement against Tenant’s contractors. Landlord shall have the right to order Tenant or any of Tenant’s contractors who violate the requirements imposed on Tenant or Tenant’s contractors in performing the Demising Work to cease performance of the Demising Work and to remove its equipment and employees from the Building. No such action by Landlord shall cause any extension of the Commencement Date nor relieve Tenant from any of its obligations under the Lease. Further, notwithstanding anything herein to the contrary, any delay in the completion of the Demising Work, or any interference to Tenant’s business operations or inconvenience suffered by Tenant during the performance of any adjacent tenant’s demising work shall not subject Landlord to any liability for any loss or damages resulting there from nor entitle Tenant to any credit, abatement or adjustment of Rent or other sum payable under the Lease, as amended hereby. During Tenant’s design, construction and installation of the Tenant Improvements, Tenant shall pay for all Building services and utilities, if and to the extent required, (i) in accordance with the Existing Sublease from the Effective Date through March 31, 2017, and (ii) in accordance with this Lease from their respective employees and after April 1, 2017agents.
Appears in 1 contract
Samples: Sublease (Concentric Network Corp)
Tenant Improvements. The “Tenant will cause to be constructedImprovements” shall mean the interior walls, at Tenant’s sole cost partitions, doors, door hardware, wall coverings, wall base, counters, lighting fixtures, electrical and expense (subject to Landlord’s payment telephone wiring, cabling for computers, electrical outlets, ceilings, floor and window coverings, that portion of the Improvement Allowance), the Tenant Improvements. The Tenant Improvements will be designed and constructed as described in this Exhibit “D”. Tenant will select the Contractor to be the general contractor to perform the Work. Landlord shall have the right to approve (such approval not to be unreasonably withheld, conditioned or delayed) the Contractor and all subcontractors that will be performing HVAC system located within any portion of the Work. All contractors Expansion Premises, that will be performing portion of the fire sprinklers system located within any portion of the Work Leased Premises (including the Expansion Premises), and other items of general applicability that Tenant desires to be installed in the interior of the Expansion Premises. Tenant Improvements shall also include the construction of a café on the first (1st) Floor of the Expansion Premises. Landlord acknowledges Tenant’s intent to design and operate the café solely for use by Tenant’s employees and invited guests. Tenant hereby acknowledges and agrees the café will not receive exposure in Building 8’s main lobby and the entrance to the café shall be union contractorslocated as shown on attached Exhibit E. With respect to the existing main lobby glass doors and side panels, Tenant hereby acknowledges and agrees that said doors and side panels shall be frosted and shall not be a means of ingress and egress to the café. Tenant will pay all direct shall promptly commence and indirect costs of diligently prosecute to full completion Tenant Improvements in accordance with the design and Drawings (defined below). Tenant shall have four (4) months from each applicable Delivery Date for construction of the Expansion Premises. The parties agree that no demolition work or other Tenant Improvements (subject shall be commenced within the Expansion Premises until such time as Tenant has provided to the Landlord’s payment Landlord copies of the Improvement Allowance as provided for herein)building permits required to be obtained from all applicable governmental authorities. Such costs may include, without limitation, all costs of preparing the Space Plan, construction document preparation, design, Plans and Specifications, general conditions, labor, All materials, work, installations, equipment and other construction costs, decorations of any nature whatsoever brought on or installed in the fees (on an hourly basis) of Contractor’s project manager and site superintendent for Expansion Premises before the Tenant Improvementsapplicable Expansion Commencement Date or during the Expansion Term shall be at Tenant's risk, and all costs incurred in connection with obtaining permits neither Landlord nor any party acting on Landlord's behalf shall be responsible for the Tenant Improvements. For all purposes of ownershipany damage thereto or loss or destruction thereof due to any reason or cause whatsoever, including risk of loss thereto, the Tenant Improvements will immediately upon installation be and remain a part of the Building and the property excluding by reason of Landlord, provided that as provided in Section 15 of this Lease, Landlord may require Tenant to remove same upon the expiration 's negligence or earlier termination of the Lease Term. Tenant currently occupies the Premises under the Existing Sublease and Landlord permits Tenant to immediately commence construction of the Tenant Improvements from and after the Effective Date of this Lease [subject to Tenant’s compliance with the terms and conditions of the Existing Sublease (if then applicable), including, without limitation, Tenant’s receipt of approval from Tenant’s sublessor thereunder]. Tenant shall use its best efforts to complete the Tenant Improvements on willful or before July 31, 2017criminal misconduct. Notwithstanding the foregoing sentence anything set forth in this Amendment to the contrary, as part Tenant shall have the right, in its sole discretion, to apply all or any portion of the Tenant Improvements, Tenant shall perform the work necessary Improvement Allowance to separately demise the Premises from the remaining portion performing Alterations (as defined in and pursuant to Section 5(e) of the sixth (6thOriginal Lease) floor of the Building, including the installation of a demising wall (the “Demising Work”) on or before April 1, 2017. Tenant acknowledges that the tenant in the premises adjacent to the Premises will also be performing demising work. Tenant’s performance of the Demising Work shall be coordinated with Landlord and Tenant shall cooperate with Landlord and/or Landlord’s contractors in all ways to ensure the efficient and expeditious scheduling, staging and performance of the Demising Work. The Demising Work shall not adversely affect any construction work being performed by or for Landlord or its tenants and shall be performed in harmony with Landlord’s contractors and subcontractors and with other contractors and subcontractors in the Complex. Tenant shall impose on and enforce all applicable terms of this Tenant Improvements Agreement against Tenant’s contractors. Landlord shall have the right to order Tenant or any of Tenant’s contractors who violate the requirements imposed on Tenant or Tenant’s contractors in performing the Demising Work to cease performance of the Demising Work and to remove its equipment and employees from the Building. No such action by Landlord shall cause any extension of the Commencement Date nor relieve Tenant from any of its obligations under the Lease. Further, notwithstanding anything herein to the contrary, any delay in the completion of the Demising Work, or any interference to Tenant’s business operations or inconvenience suffered by Tenant during the performance of any adjacent tenant’s demising work shall not subject Landlord to any liability for any loss or damages resulting there from nor entitle Tenant to any credit, abatement or adjustment of Rent or other sum payable under the Lease, as amended hereby. During Tenant’s design, construction and installation of the Tenant Improvements, Tenant shall pay for all Building services and utilities, if and to the extent required, (i) in accordance with the Existing Sublease from the Effective Date through March 31, 2017, and (ii) in accordance with this Lease from and after April 1, 2017Expansion Premises.
Appears in 1 contract
Samples: Lease Agreement (Norwegian Cruise Line Holdings Ltd.)
Tenant Improvements. a. Landlord shall provide Tenant will cause a "turn-key" build-out package for improvements to be constructed, at Tenant’s sole cost Suite 210 in an amount not to exceed $70,986.70 ("Construction Budget") as specified in the "Construction Budget" attached hereto as Exhibit B. ----------
b. Tenant and expense Landlord have approved the space plan for Suite 210 (subject to Landlord’s payment of the Improvement Allowance"Space Plan"), attached hereto as Exhibit C. Within fourteen (14) days ---------- after the date of this Amendment, Landlord shall deliver to Tenant Improvements. The Tenant Improvements will for Tenant's approval working drawings consisting of a floor plan, reflected ceiling plan, interior elevations, electrical plan, door schedule and finish schedule for Suite 210 (the "Working Drawings"), which Working Drawings shall be designed and constructed as described in this Exhibit “D”consistent with the Space Plan. Tenant will select shall approve or disapprove the Contractor to be the general contractor to perform the WorkWorking Drawings in writing within three (3) business days after receipt thereof. Landlord Tenant shall have the right to approve (such approval not to be unreasonably withheld, conditioned or delayed) disapprove the Contractor and all subcontractors that will be performing any portion of the Work. All contractors that will be performing any portion of the Work shall be union contractors. Tenant will pay all direct and indirect costs of the design and construction of the Tenant Improvements (subject to the Landlord’s payment of the Improvement Allowance as provided for herein). Such costs may include, without limitation, all costs of preparing the Space Plan, construction document preparation, design, Plans and Specifications, general conditions, labor, materials, and other construction costs, the fees (on an hourly basis) of Contractor’s project manager and site superintendent for the Tenant Improvements, and all costs incurred in connection with obtaining permits for the Tenant Improvements. For all purposes of ownership, including risk of loss thereto, the Tenant Improvements will immediately upon installation be and remain a part of the Building and the property of Landlord, provided that as provided in Section 15 of this Lease, Landlord may require Tenant to remove same upon the expiration or earlier termination of the Lease Term. Tenant currently occupies the Premises under the Existing Sublease and Landlord permits Tenant to immediately commence construction of the Tenant Improvements from and after the Effective Date of this Lease [subject to Tenant’s compliance with the terms and conditions of the Existing Sublease (if then applicable), including, without limitation, Tenant’s receipt of approval from Tenant’s sublessor thereunder]. Tenant shall use its best efforts to complete the Tenant Improvements on or before July 31, 2017. Notwithstanding the foregoing sentence to the contrary, as part of the Tenant Improvements, Tenant shall perform the work necessary to separately demise the Premises from the remaining portion of the sixth (6th) floor of the Building, including the installation of a demising wall (the “Demising Work”) on or before April 1, 2017. Tenant acknowledges that the tenant in the premises adjacent to the Premises will also be performing demising work. Tenant’s performance of the Demising Work shall be coordinated with Landlord and Tenant shall cooperate with Landlord and/or Landlord’s contractors in all ways to ensure the efficient and expeditious scheduling, staging and performance of the Demising Work. The Demising Work shall not adversely affect any construction work being performed by or for Landlord or its tenants and shall be performed in harmony with Landlord’s contractors and subcontractors and with other contractors and subcontractors in the Complex. Tenant shall impose on and enforce all applicable terms of this Tenant Improvements Agreement against Tenant’s contractors. Landlord shall have the right to order Tenant or any of Tenant’s contractors who violate the requirements imposed on Tenant or Tenant’s contractors in performing the Demising Work to cease performance of the Demising Work and to remove its equipment and employees from the Building. No such action by Landlord shall cause any extension of the Commencement Date nor relieve Tenant from any of its obligations under the Lease. Further, notwithstanding anything herein to the contrary, any delay in the completion of the Demising Work, or any interference to Tenant’s business operations or inconvenience suffered by Tenant during the performance of any adjacent tenant’s demising work shall not subject Landlord to any liability for any loss or damages resulting there from nor entitle Tenant to any credit, abatement or adjustment of Rent or other sum payable under the Lease, as amended hereby. During Tenant’s design, construction and installation of the Tenant Improvements, Tenant shall pay for all Building services and utilities, Working Drawings only if and to the extent required, (i) in accordance the Working Drawings are inconsistent with the Existing Sublease from Space Plan. If Tenant disapproves the Effective Date through March 31Working Drawings, 2017Tenant shall return the Working Drawings to Landlord with Tenant's specific requested changes noted thereon. Landlord shall promptly revise and resubmit the Working Drawings to Tenant for approval (on the same terms set forth above). Landlord shall be obligated to revise the Working Drawings only to the extent the Working Drawings are inconsistent with the Space Plan. The Working Drawings as finally approved by Tenant in writing are referred to as the "Final Plans."
c. The term "Landlord's Work", as used in this Amendment, means the improvement work described in the Final Plans. Landlord may, in its sole discretion, refuse any change in the Final Plans requested by Tenant. Tenant shall pay any increased costs incurred by Landlord as a result of any changes to the Final Plans requested by Tenant ("Increased Costs"). Tenant shall pay or reimburse Landlord within five (5) business days after Landlord's request for any Increased Costs. Notwithstanding anything to the contrary set forth in this Amendment, Landlord will, at Landlord's expense, finish and (ii) fill in accordance with any holes in the floor of Suite 210 existing as of the date of this Lease from and after April 1, 2017Amendment.
Appears in 1 contract
Tenant Improvements. Tenant will cause (a) LANDLORD acknowledges that TENANT intends to undertake and complete certain improvements to the Leased Premises and to the sound system of the Union Station in the Grand Hall portion of the Leased Premises and hereby authorizes such improvements upon the following terms and conditions.
(b) TENANT improvements shall be constructed, at Tenant’s sole cost and expense (subject to LandlordLANDLORD’s payment of the Improvement Allowance)prior approval, the Tenant Improvements. The Tenant Improvements will be designed and constructed as described in this Exhibit “D”. Tenant will select the Contractor to be the general contractor to perform the Work. Landlord which shall have the right to approve (such approval not to no be unreasonably withheld, conditioned or delayed) the Contractor and all subcontractors that will be performing any portion of the Work. All contractors that will be performing TENANT improvements shall comply with the Americans with Disabilities Act.
(c) TENANT shall complete all such improvements at its own cost and expense. The TENANT shall not undertake any portion work until the following conditions are satisfied: (1) it has provided written notice in accordance with Article 17 herein to the LANDLORD of the Work its intent to undertake a particular improvement project; and (2) it has provided LANDLORD with a plan stamped by a registered engineer which shall be union contractors. Tenant will pay all direct and indirect costs of the design and construction of the Tenant Improvements (subject to the LandlordLANDLORD’s written approval.
(d) TENANT agrees to abide by any and all requirements set forth in Exhibit D, entitled Historic Structure Renovation Requirements.
(e) TENANT acknowledges that all contracts, at every tier, for capital improvements at Union Station are subject to the Massachusetts prevailing wages statue, M.G.L. c. 149, §§26-27, and TENANT’s contracts with its contractors shall include prevailing wages and TENANT will require its contractors to require the same of its subcontractors at every tier. In addition to prevailing wages, TENANT shall require its contractors to supply bonds securing the payment of labor and materials that comply with and incorporate the Improvement Allowance as provided provisions of M.G.L. c. 149, §29.
(f) TENANT shall indemnify and hold harmless LANDLORD from and against any and all losses, damages, claims, suits, or actions for herein). Such costs may include, without limitation, all costs of preparing the Space Plan, construction document preparation, design, Plans and Specifications, general conditions, labor, materialsany injury or damage to person or property caused by TENANT’s improvements, and other construction costs, insurance coverage therefore shall be included in the fees (on an hourly basis) of Contractor’s project manager and site superintendent for the Tenant Improvements, and all costs incurred in connection with obtaining permits for the Tenant Improvements. For all purposes of ownership, including risk of loss thereto, the Tenant Improvements will immediately upon installation be and remain a part of the Building and the property of Landlord, provided that as provided in Section 15 of this Lease, Landlord may require Tenant public liability policy which TENANT is required to remove same upon the expiration or earlier termination of the Lease Term. Tenant currently occupies the Premises under the Existing Sublease and Landlord permits Tenant furnish pursuant to immediately commence construction of the Tenant Improvements from and after the Effective Date of this Lease [subject to Tenant’s compliance with the terms and conditions of the Existing Sublease (if then applicable), including, without limitation, Tenant’s receipt of approval from Tenant’s sublessor thereunder]. Tenant shall use its best efforts to complete the Tenant Improvements on or before July 31, 2017. Notwithstanding the foregoing sentence to the contrary, as part of the Tenant Improvements, Tenant shall perform the work necessary to separately demise the Premises from the remaining portion of the sixth (6th) floor of the Building, including the installation of a demising wall (the “Demising Work”) on or before April 1, 2017. Tenant acknowledges that the tenant in the premises adjacent to the Premises will also be performing demising work. Tenant’s performance of the Demising Work shall be coordinated with Landlord and Tenant shall cooperate with Landlord and/or Landlord’s contractors in all ways to ensure the efficient and expeditious scheduling, staging and performance of the Demising Work. The Demising Work shall not adversely affect any construction work being performed by or for Landlord or its tenants and shall be performed in harmony with Landlord’s contractors and subcontractors and with other contractors and subcontractors in the Complex. Tenant shall impose on and enforce all applicable terms of this Tenant Improvements Agreement against Tenant’s contractors. Landlord shall have the right to order Tenant or any of Tenant’s contractors who violate the requirements imposed on Tenant or Tenant’s contractors in performing the Demising Work to cease performance of the Demising Work and to remove its equipment and employees from the Building. No such action by Landlord shall cause any extension of the Commencement Date nor relieve Tenant from any of its obligations under the Lease. Further, notwithstanding anything herein to the contrary, any delay in the completion of the Demising Work, or any interference to Tenant’s business operations or inconvenience suffered by Tenant during the performance of any adjacent tenant’s demising work shall not subject Landlord to any liability for any loss or damages resulting there from nor entitle Tenant to any credit, abatement or adjustment of Rent or other sum payable under the Lease, as amended hereby. During Tenant’s design, construction and installation of the Tenant Improvements, Tenant shall pay for all Building services and utilities, if and to the extent required, (i) in accordance with the Existing Sublease from the Effective Date through March 31, 2017, and (ii) in accordance with this Lease from and after April 1, 2017Agreement.
Appears in 1 contract
Samples: Commercial Lease Agreement
Tenant Improvements. Landlord and Tenant will cause to be constructed, at Tenant’s sole cost acknowledge that Tenant presently occupies the Premises and expense (subject to Landlord’s payment of that the Improvement Allowance), the Tenant Improvements. The Tenant Improvements will be designed and constructed as described in this Exhibit “D”. Tenant will select the Contractor to be the general contractor to perform the Work. Landlord shall have the right to approve (such approval not to be unreasonably withheld, conditioned or delayed) the Contractor and all subcontractors that will be performing any portion of the Work. All contractors that will be performing any portion of the Work Premises shall be union contractors. delivered to Tenant will pay all direct and indirect costs of pursuant to the design and construction of the Tenant Improvements (Lease in its “AS-IS,” “WHERE-IS” condition, subject to the renovations and improvements described herein. Subject to the conditions herein stated, Landlord agrees to deliver the Premises, at Landlord’s payment of cost and expense, in “turnkey condition” containing the Improvement Allowance as provided for herein). Such costs may include, without limitation, all costs of preparing the Space Plan, construction document preparation, design, Plans and Specifications, general conditions, labor, materials, and other construction costs, the fees (on an hourly basis) of Contractor’s project manager and site superintendent for the Tenant Improvements, and all costs incurred in connection with obtaining permits for the Tenant Improvements. For all purposes of ownership, including risk of loss thereto, the Tenant Improvements will immediately upon installation be and remain a part of the Building and the property of Landlord, provided that as provided in Section 15 of this Lease, Landlord may require Tenant to remove same upon the expiration or earlier termination of the Lease Term. Tenant currently occupies the Premises under the Existing Sublease and Landlord permits Tenant to immediately commence construction of the Tenant Improvements from and after the Effective Date of this Lease [subject to Tenant’s compliance with the terms and conditions of the Existing Sublease (if then applicable), including, without limitation, Tenant’s receipt of approval from Tenant’s sublessor thereunder]. Tenant shall use its best efforts to complete the Tenant Improvements on or before July 31, 2017. Notwithstanding the foregoing sentence to the contrary, as part of the Tenant Improvements, Tenant shall perform the work necessary to separately demise the Premises from the remaining portion of the sixth (6th) floor of the Building, including the installation of a demising wall improvements (the “Demising WorkTenant Improvements”) on or before April 1, 2017. Tenant acknowledges that the tenant specified in the premises adjacent Final Plans to the Premises will also be performing demising work. Tenant’s performance of the Demising Work shall be coordinated with agreed to by Landlord and Tenant shall cooperate with Landlord and/or Landlord’s contractors as set forth in Paragraph 2 below; provided, however, that
(a) all ways to ensure the efficient and expeditious scheduling, staging and performance of the Demising Work. The Demising Work shall not adversely affect any construction work being performed by or for Landlord or its tenants and improvements shall be performed in harmony made using building standard materials and be compatible with Landlord’s contractors the shell and subcontractors core improvements and with other contractors and subcontractors in the Complex. Tenant shall impose on and enforce all applicable terms of this Tenant Improvements Agreement against Tenant’s contractors. Landlord shall have the right to order Tenant or any of Tenant’s contractors who violate the requirements imposed on Tenant or Tenant’s contractors in performing the Demising Work to cease performance of the Demising Work and to remove its equipment and employees from the Building. No such action by Landlord shall cause any extension of the Commencement Date nor relieve Tenant from any of its obligations under the Lease. Further, notwithstanding anything herein to the contrary, any delay in the completion of the Demising Work, or any interference to Tenant’s business operations or inconvenience suffered by Tenant during the performance of any adjacent tenant’s demising work shall not subject Landlord to any liability for any loss or damages resulting there from nor entitle Tenant to any credit, abatement or adjustment of Rent or other sum payable under the Lease, as amended hereby. During Tenant’s design, construction and installation equipment of the Complex;
(b) all improvements shall comply with all applicable laws, rules, regulations, codes and ordinances;
(c) Tenant shall be responsible, at its sole cost and expense, for purchasing equipment and special trade fixtures identified as being Tenant’s responsibility to purchase in the Final Plans, which Landlord agrees to install at the Premises;
(d) Tenant shall be liable, at its sole cost and expense, for any non-building standard materials selected by Tenant for use in constructing the Tenant Improvements, ;
(e) Tenant shall pay be responsible, at its sole cost and expense, for all Building services purchasing voice and utilitiesdata wiring and wall-mounted jacks for same, if which Landlord agrees to install at the Premises;
(f) Tenant shall be responsible, at its sole cost and expense, for installing its voice and data systems and equipment; and
(g) Tenant’s selection of special trade fixtures or non-building standard materials that require long lead time and delay the Delivery Date beyond the Anticipated Delivery Date shall constitute Tenant Delay. The General Fit-Out Notes (the “Notes”) set forth on the Tenant Space Plan (defined below) are incorporated herein by this reference, and in the event of a conflict between the Notes and this Work Agreement, the Notes shall prevail as to the extent required, (i) in accordance with intent and agreement of the Existing Sublease from the Effective Date through March 31, 2017, and (ii) in accordance with this Lease from and after April 1, 2017parties.
Appears in 1 contract
Tenant Improvements. Landlord shall provide to Tenant will cause an improvement allowance not to exceed Two Hundred Fifty Thousand Dollars ($250,000.00) to be constructed, at Tenant’s sole applied towards the cost and expense (subject expenses of making improvements to Landlord’s payment of the Improvement Allowance), the Tenant Improvements. The Tenant Improvements will be designed and constructed as described in this Exhibit “D”. Tenant will select the Contractor to be the general contractor to perform the Work. Landlord shall have the right to approve (such approval not to be unreasonably withheld, conditioned or delayed) the Contractor and all subcontractors that will be performing any portion of the Work. All contractors that will be performing any portion of the Work shall be union contractors. Tenant will pay all direct and indirect costs of the design and construction of the Tenant Improvements (subject to the Landlord’s payment of the Improvement Allowance as provided for herein). Such costs may include, without limitation, all costs of preparing the Space Plan, construction document preparation, design, Plans and Specifications, general conditions, labor, materials, and other construction costs, the fees (on an hourly basis) of Contractor’s project manager and site superintendent for the Tenant Improvements, and all costs incurred in connection with obtaining permits for the Tenant Improvements. For all purposes of ownership, including risk of loss thereto, the Tenant Improvements will immediately upon installation be and remain a part of the Building and installing Tenant trade fixtures and equipment in the property Premises. Once Tenant obtains all necessary permits and approvals from TRPA to operate its business from the Premises and provides Landlord satisfactory evidence of Landlord, provided that as provided in Section 15 of this Leasesame, Landlord may require shall make payment to Tenant of such allowance from time-to-time, but no more frequently than monthly and only in amounts equal to remove same upon the expiration or earlier termination of amounts identified in the Lease Term. lien releases provided to Landlord by Tenant currently occupies the Premises under the Existing Sublease and Landlord permits Tenant to immediately commence construction of the Tenant Improvements from and after the Effective Date of this Lease [subject to Tenant’s compliance with the terms and conditions of the Existing Sublease (if then applicable), including, without limitation, Tenant’s receipt of approval from Tenant’s sublessor thereunder]contractors undertaking such work on the Premises. If Tenant defaults under this Sublease during the initial 120-month term, then Tenant shall use its best efforts be obligated to complete the Tenant Improvements on or before July 31, 2017. Notwithstanding the foregoing sentence repay to the contrary, as part Landlord all amounts of the allowance paid by Landlord to Tenant Improvementshereunder upon such default. If Tenant does not exercise the first option period to extend the term of this Sublease sixty (60) months, or during such 60-month period Tenant defaults under this Sublease, then Tenant shall perform the work necessary be obligated to separately demise the Premises from the remaining portion repay to Landlord up to One Hundred Fifty Thousand Dollars ($150,000.00) of the sixth (6th) floor allowance paid by Landlord to Tenant hereunder upon the end of the Buildinginitial term or upon such default, including respectively. If Tenant does not exercise the installation second option period to extend the term of a demising wall this Sublease an additional sixty (the “Demising Work”60) on months, or before April 1during such additional 60-month period Tenant defaults under this Sublease, 2017then Tenant shall. Tenant acknowledges that the tenant in the premises adjacent be obligated to the Premises will also be performing demising work. Tenant’s performance repay to Landlord up to Twenty-Five Thousand Dollars ($25,000.00) of the Demising Work shall be coordinated with allowance paid by Landlord and to Tenant shall cooperate with Landlord and/or Landlord’s contractors in all ways to ensure hereunder upon the efficient and expeditious scheduling, staging and performance end of the Demising Work. The Demising Work shall not adversely affect any construction work being performed by first 60-month option period or for Landlord or its tenants and shall be performed in harmony with Landlord’s contractors and subcontractors and with other contractors and subcontractors in the Complex. Tenant shall impose on and enforce all applicable terms of this Tenant Improvements Agreement against Tenant’s contractors. Landlord shall have the right to order Tenant or any of Tenant’s contractors who violate the requirements imposed on Tenant or Tenant’s contractors in performing the Demising Work to cease performance of the Demising Work and to remove its equipment and employees from the Building. No upon such action by Landlord shall cause any extension of the Commencement Date nor relieve Tenant from any of its obligations under the Lease. Furtherdefault, notwithstanding anything herein to the contrary, any delay in the completion of the Demising Work, or any interference to Tenant’s business operations or inconvenience suffered by Tenant during the performance of any adjacent tenant’s demising work shall not subject Landlord to any liability for any loss or damages resulting there from nor entitle Tenant to any credit, abatement or adjustment of Rent or other sum payable under the Lease, as amended hereby. During Tenant’s design, construction and installation of the Tenant Improvements, Tenant shall pay for all Building services and utilities, if and to the extent required, (i) in accordance with the Existing Sublease from the Effective Date through March 31, 2017, and (ii) in accordance with this Lease from and after April 1, 2017respectively.
Appears in 1 contract
Samples: Sub Lease (Bank Holdings)
Tenant Improvements. Landlord will construct or install in the Premises the improvements required by Tenant will cause to be constructedoperate its business in the Premises, at TenantLandlord’s sole cost and expense expense, including the improvements referenced in Exhibit G hereto (subject to Landlord’s payment the “Tenant Improvements”). Tenant will have no legal or financial obligations whatsoever for the build out of the Improvement Allowance), Premises and Tenant will not be required to perform any construction work within the Premises. Prior to commencement of the Tenant Improvements, Landlord will post in a prominent place within the Premises all applicable building permits, licenses, approvals, waivers, etc. Landlord warrants that all of its work will be done in accordance with all local laws and building codes, will utilize new, good quality construction materials and will be undertaken and completed in a good and workmanlike manner. The Tenant Improvements will be designed comply with all applicable Landlord insurance requirements. Upon Tenant’s request, Landlord will promptly furnish to Tenant all drawings, specifications, schematics and constructed as described in this Exhibit “D”other information relating to the Tenant Improvements. Tenant will select may utilize Tenant’s own contractor and architect for the Contractor Tenant Improvements, subject to Landlord’s approval thereof, not to be the general contractor to perform the Workunreasonably withheld. Landlord shall Tenant and Tenant’s representatives will have the right to approve (inspect the Tenant Improvements and object to any Tenant Improvements that are not in compliance with applicable building codes and ordinances or that would adversely affect the Building. Landlord will promptly correct any commercially reasonable deficiencies in the Tenant Improvements identified by Tenant, at Landlord’s expense. The Tenant Improvements will not be deemed completed until Tenant has received a final CO from the applicable municipal department and Tenant has approved the Tenant Improvements, such approval not to be unreasonably withheld, conditioned or delayed) . Once the Contractor and all subcontractors that will be performing any portion of the Work. All contractors that will be performing any portion of the Work shall be union contractors. Tenant will pay all direct and indirect costs of the design and construction of the Tenant Improvements (subject to the Landlord’s payment of the Improvement Allowance as provided for herein). Such costs may include, without limitation, all costs of preparing the Space Plan, construction document preparation, design, Plans and Specifications, general conditions, labor, materials, and other construction costs, the fees (on an hourly basis) of Contractor’s project manager and site superintendent for the Tenant Improvements, and all costs incurred in connection with obtaining permits for the Tenant Improvements. For all purposes of ownership, including risk of loss thereto, the Tenant Improvements will immediately upon installation be and remain a part of the Building and the property of Landlord, provided that as provided in Section 15 of this Leasework has been substantially completed, Landlord may require shall permit Tenant to remove same upon the expiration or earlier termination of the Lease Term. Tenant currently occupies enter the Premises under the Existing Sublease and Landlord permits Tenant to immediately commence construction of the Tenant Improvements from and after the Effective Date of this Lease [subject to Tenant’s compliance with the terms and conditions of the Existing Sublease (if then applicable), including, without limitation, Tenant’s receipt of approval from Tenant’s sublessor thereunder]. Tenant shall use its best efforts to complete the Tenant Improvements on or before July 31, 2017. Notwithstanding the foregoing sentence to the contrary, as part of the Tenant Improvements, Tenant shall perform the work necessary to separately demise the Premises from the remaining portion of the sixth (6th) floor of the Building, including for the installation of a demising wall (the “Demising Work”) on or before April 1telephone and telecommunications equipment, 2017. office furniture and trade fixtures and performing such other work as Tenant acknowledges that the tenant in the premises adjacent to the Premises will also be performing demising work. Tenant’s performance of the Demising Work shall be coordinated with Landlord and Tenant shall cooperate with Landlord and/or Landlord’s contractors in all ways to ensure the efficient and expeditious scheduling, staging and performance of the Demising Work. The Demising Work shall not adversely affect any construction work being performed by or for Landlord or its tenants and shall be performed in harmony with Landlord’s contractors and subcontractors and with other contractors and subcontractors in the Complex. Tenant shall impose on and enforce all applicable terms of this Tenant Improvements Agreement against Tenant’s contractors. Landlord shall have the right to order Tenant or any of Tenant’s contractors who violate the requirements imposed on Tenant or Tenant’s contractors in performing the Demising Work to cease performance of the Demising Work and to remove its equipment and employees from the Building. No such action by Landlord shall cause any extension of the Commencement Date nor relieve Tenant from any of its obligations under the Lease. Further, notwithstanding anything herein to the contrary, any delay in the completion of the Demising Work, or any interference to Tenant’s business operations or inconvenience suffered by Tenant during the performance of any adjacent tenant’s demising work shall not subject Landlord to any liability for any loss or damages resulting there from nor entitle Tenant to any credit, abatement or adjustment of Rent or other sum payable under the Lease, as amended hereby. During Tenant’s design, construction and installation of the Tenant Improvements, Tenant shall pay for all Building services and utilities, if and to the extent required, (i) in accordance with the Existing Sublease from the Effective Date through March 31, 2017, and (ii) in accordance with this Lease from and after April 1, 2017deems necessary.
Appears in 1 contract
Tenant Improvements. Landlord shall provide to Tenant will cause the “Additional Allowance” (as defined below) to be constructedused by Tenant to design, at Tenant’s sole cost plan, engineer, commence, and expense complete interior improvements to the Premises (the “Additional Improvements”) in accordance with and subject to Landlord’s payment the terms and conditions of Exhibit B attached to the Improvement AllowanceFirst Amendment (the “Work Letter”); provided, the however, (a) Tenant Improvements. The Tenant Improvements will be designed and constructed as described in this Exhibit “D”. Tenant will select the Contractor to be the general contractor to perform the Work. Landlord shall have the no right to approve (such approval not to be unreasonably withheld, conditioned or delayed) the Contractor and all subcontractors that will be performing utilize any unused portion of the Work. All contractors that will Additional Allowance applicable to the Second Expansion Space after June 3, 2022 (excluding any then-outstanding Draw Requests) , (b) the maximum Construction Administration Fee specified in Section 5(a)(iii)(ii) of the Work Letter shall be performing any two percent (2.0%) of the hard construction cost of the Additional Improvements, (c) all references in the Work Letter to the “Allowance” shall mean and refer to the portion of the Work shall be union contractors. Tenant will pay all direct and indirect costs Additional Allowance applicable to each component of the design and construction Premises to be improved with the Additional Improvements consisting of the Tenant Improvements Current Premises and the Second Expansion Premises, (subject d) all references in the Work Letter to the “Tenant Improvements” or the “Tenant Improvement Work” shall mean and refer to the Additional Improvements, (e) all references in the Work Letter to the Third Floor Expansion Space shall mean and refer severally to the Current Premises and the Second Expansion Space as applicable, and each provision of the Work Letter, including the corresponding portions of the Additional Allowance, shall apply separately to the Current Premises and the Second Expansion Space, and (f) all references in the Work Letter to the “Space Plans” shall mean and refer to new sets of preliminary space plans to be prepared by Tenant sufficient to convey the architectural design of the Additional Improvements in the Current Premises and the Second Expansion Space, respectively, and submitted, respectively, to Landlord for Landlord’s payment of the Improvement Allowance as provided for herein). Such costs may include, without limitation, all costs of preparing the Space Plan, construction document preparation, design, Plans and Specifications, general conditions, labor, materials, and other construction costs, the fees (on an hourly basis) of Contractor’s project manager and site superintendent for the Tenant Improvements, and all costs incurred approval in connection with obtaining permits for the Tenant Improvements. For all purposes of ownership, including risk of loss thereto, the Tenant Improvements will immediately upon installation be and remain a part of the Building and the property of Landlord, provided that as provided in Section 15 of this Lease, Landlord may require Tenant to remove same upon the expiration or earlier termination of the Lease Term. Tenant currently occupies the Premises under the Existing Sublease and Landlord permits Tenant to immediately commence construction of the Tenant Improvements from and after the Effective Date of this Lease [subject to Tenant’s compliance accordance with the terms and conditions of the Existing Sublease (if then applicable), including, without limitation, Tenant’s receipt of approval from Tenant’s sublessor thereunder]. Tenant shall use its best efforts to complete the Tenant Improvements on or before July 31, 2017. Notwithstanding the foregoing sentence to the contrary, as part Section 4 of the Tenant Improvements, Tenant shall perform the work necessary Work Letter as applied to separately demise the Premises from the remaining each such portion of the sixth (6th) floor of the Building, including the installation of a demising wall (the “Demising Work”) on or before April 1, 2017. Tenant acknowledges that the tenant in the premises adjacent to the Premises will also be performing demising work. Tenant’s performance of the Demising Work shall be coordinated with Landlord and Tenant shall cooperate with Landlord and/or Landlord’s contractors in all ways to ensure the efficient and expeditious scheduling, staging and performance of the Demising Work. The Demising Work shall not adversely affect any construction work being performed by or for Landlord or its tenants and shall be performed in harmony with Landlord’s contractors and subcontractors and with other contractors and subcontractors in the Complex. Tenant shall impose on and enforce all applicable terms of this Tenant Improvements Agreement against Tenant’s contractors. Landlord shall have the right to order Tenant or any of Tenant’s contractors who violate the requirements imposed on Tenant or Tenant’s contractors in performing the Demising Work to cease performance of the Demising Work and to remove its equipment and employees from the Building. No such action by Landlord shall cause any extension of the Commencement Date nor relieve Tenant from any of its obligations under the Lease. Further, notwithstanding anything herein to the contrary, any delay in the completion of the Demising Work, or any interference to Tenant’s business operations or inconvenience suffered by Tenant during the performance of any adjacent tenant’s demising work shall not subject Landlord to any liability for any loss or damages resulting there from nor entitle Tenant to any credit, abatement or adjustment of Rent or other sum payable under the Lease, as amended hereby. During Tenant’s design, construction and installation of the Tenant Improvements, Tenant shall pay for all Building services and utilities, if and to the extent required, (i) in accordance with the Existing Sublease from the Effective Date through March 31, 2017, and (ii) in accordance with this Lease from and after April 1, 2017respectively.
Appears in 1 contract
Tenant Improvements. Landlord shall deliver the Premises to Tenant will cause in its "as is" condition with the roof water tight and the existing electrical, lighting, HVAC and plumbing systems in good working order. Landlord hereby grants Tenant a one-time construction allowance of up to One Hundred Seventy One Thousand Six Hundred Eighteen Dollars ($171,618.00) ("Tenant's Construction Allowance") for the cost of the initial tenant improvements to be constructedinstalled in the Premises by Tenant including all associated architectural, at engineering and professional fees and costs (exclusive of any overhead costs of Landlord). Tenant shall submit its plans for the tenant improvements for Landlord's written approval (the "Approved Work"), which approval shall not be unreasonably withheld, prior to Tenant’s sole cost and expense (subject to Landlord’s payment 's commencement of construction of the Improvement Allowance)Approved Work, and Landlord shall respond within five (5) business days of the date Tenant Improvementsprovides Landlord any specific set of complete preliminary or complete final plans required for Landlord's approval. The All work performed by Tenant Improvements will shall be designed performed in strict compliance with the plans submitted for the Approved Work and constructed as described no modification shall be made in such plans without the prior written approval of Landlord, which approval shall not be unreasonably withheld. Landlord shall pay Tenant's outside vendors or contractors for materials and services constituting the Approved Work, up to the maximum Tenant's Construction Allowance set forth in this Exhibit “D”(P)29, within thirty (30) days following Landlord's receipt of Tenant's submittal to Landlord of approved invoices and conditional lien releases for payment. Tenant will select shall also be reimbursed from Tenant's Construction Allowance for the Contractor reasonable cost of all preliminary and final plans and specifications and all permits relating to the installation of the Approved Work. All of the work to be done by Tenant under this (P)29. shall be done in accordance with the general contractor provisions of (P)14. hereof, and Tenant shall be required to perform follow Landlord's reasonable rules and regulations relating to contractors working in the WorkProject. Landlord shall have the right to reasonably approve (such approval not all of Tenant's proposed contractors and subcontractors related to be unreasonably withheld, conditioned or delayed) the Contractor and all subcontractors that will be performing any portion installation of the Approved Work. All contractors that will be performing any portion Landlord shall not charge an administrative fee relating to the installation of the Approved Work. Tenant shall have the right to access the Premises upon substantial vacation of the Premises by the present tenant for the purpose of installing the Approved Work (the "Construction Period"), provided, however, Tenant shall be union contractors. Tenant will pay all direct and indirect costs of the design and construction of the Tenant Improvements (subject to the Landlord’s payment of the Improvement Allowance as provided for herein). Such costs may include, without limitation, all costs of preparing the Space Plan, construction document preparation, design, Plans and Specifications, general conditions, labor, materials, and other construction costs, the fees (on an hourly basis) of Contractor’s project manager and site superintendent for the Tenant Improvements, and all costs incurred in connection with obtaining permits for the Tenant Improvements. For all purposes of ownership, including risk of loss thereto, the Tenant Improvements will immediately upon installation be and remain a part of the Building and the property of Landlord, provided that as provided in Section 15 of this Lease, Landlord may require Tenant to remove same upon the expiration or earlier termination of the Lease Term. Tenant currently occupies the Premises under the Existing Sublease and Landlord permits Tenant to immediately commence construction of the Tenant Improvements from and after the Effective Date of this Lease [subject to Tenant’s compliance with bound by the terms and conditions of the Existing Sublease (if then applicable), including, without limitation, Tenant’s receipt of approval from Tenant’s sublessor thereunder]. Tenant shall use its best efforts to complete the Tenant Improvements on or before July 31, 2017. Notwithstanding the foregoing sentence to the contrary, as part of the Tenant Improvements, Tenant shall perform the work necessary to separately demise the Premises from the remaining portion of the sixth (6th) floor of the Building, including the installation of a demising wall (the “Demising Work”) on or before April 1, 2017. Tenant acknowledges that the tenant in the premises adjacent to the Premises will also be performing demising work. Tenant’s performance of the Demising Work shall be coordinated with Landlord and Tenant shall cooperate with Landlord and/or Landlord’s contractors in all ways to ensure the efficient and expeditious scheduling, staging and performance of the Demising Work. The Demising Work shall not adversely affect any construction work being performed by or for Landlord or its tenants and shall be performed in harmony with Landlord’s contractors and subcontractors and with other contractors and subcontractors in the Complex. Tenant shall impose on and enforce all applicable terms of this Tenant Improvements Agreement against Tenant’s contractors. Landlord shall have the right to order Tenant or any of Tenant’s contractors who violate the requirements imposed on Tenant or Tenant’s contractors in performing the Demising Work to cease performance of the Demising Work and to remove its equipment and employees from the Building. No such action by Landlord shall cause any extension of the Commencement Date nor relieve Tenant from any of its obligations under the Lease. Further, notwithstanding anything herein to the contrary, any delay in the completion of the Demising Work, or any interference to Tenant’s business operations or inconvenience suffered by Tenant Lease during the performance of any adjacent tenant’s demising work shall not subject Landlord Construction Period except for Tenant's obligation to any liability for any loss or damages resulting there from nor entitle Tenant to any credit, abatement or adjustment of pay Base Rent or other sum payable under the Lease, as amended hereby. During Tenant’s design, construction and installation of the Tenant Improvements, Tenant shall pay for all Building services and utilities, if and to the extent required, (i) in accordance with the Existing Sublease from the Effective Date through March 31, 2017, and (ii) in accordance with this Lease from and after April 1, 2017Operating Expenses.
Appears in 1 contract
Tenant Improvements. Tenant will shall cause the Tenant Parties to be constructedconstruct, at furnish or install all improvements, equipment or fixtures, that Tenant deems reasonably necessary for Tenant’s sole cost and expense (subject to Landlord’s payment intended use of the Improvement AllowanceLeased Premises, including laboratory, research and development, and manufacturing facilities, which shall include, without limitation, a new freight elevator (collectively, the “Tenant Improvements”), . Tenant shall cause the Tenant Parties to complete construction of the Tenant Improvements for the entirety of the Leased Premises. Tenant shall also be responsible for the cost of any alterations to the Building to comply with applicable Laws to the extent solely required as a result of the Tenant Improvements. The ; provided that Tenant Improvements will shall not be designed and constructed as described in responsible for any alterations required of Landlord under the Lease or this Exhibit “D”Work Letter. Tenant will select the Contractor has engaged and Landlord has approved (i) Crew Universal as its consultant to be the general contractor to perform the Work. Landlord shall have the right to approve (such approval not to be unreasonably withheld, conditioned or delayed) the Contractor and all subcontractors that will be performing any portion of the Work. All contractors that will be performing any portion of the Work shall be union contractors. Tenant will pay all direct and indirect costs of manage the design and construction of the Tenant Improvements (subject to the Landlord’s payment of the “Tenant Improvement Allowance as provided for hereinProject Manager”). Such costs may include, without limitation, all costs of preparing the Space Plan, construction document preparation, design, Plans and Specifications, general conditions, labor, materials, and other construction costs, the fees (on an hourly basisii) of Contractor’s project manager and site superintendent DES Architects + Engineers as its architect for the Tenant Improvements, Improvements (“Tenant Improvement Architect”). Tenant shall cause all drawings and all costs incurred in connection with obtaining permits specifications for the Tenant Improvements. For all purposes of ownership, including risk of loss thereto, Improvements to be prepared by the Tenant Improvements will immediately upon installation Improvement Architect and to be constructed by GCI, Inc. or another general contractor licensed in California, selected by Tenant, and remain a part of the Building and the property of reasonably approved by Landlord (“Tenant Improvement Contractor”). Landlord’s prior written consent, provided that as provided in Section 15 of this Leasewhich shall not be unreasonably withheld, Landlord may require conditioned or delayed, shall be required if Tenant desires to remove same upon the expiration change its Tenant Improvement Architect, Tenant Improvement Contractor or earlier termination of the Lease Term. Tenant currently occupies the Premises under the Existing Sublease and Landlord permits Tenant to immediately commence construction of the Tenant Improvements from and after the Effective Date of this Lease [subject to Tenant’s compliance with the terms and conditions of the Existing Sublease (if then applicable), including, without limitation, Tenant’s receipt of approval from Tenant’s sublessor thereunder]Improvement Project Manager. Tenant shall use its best efforts furnish to complete Landlord a copy of the executed contracts between Tenant and Tenant Improvement Architect, and Tenant and Tenant Improvement Contractor, covering all of Tenant’s obligations under this Work Letter. Exhibit C 110015197v.8 The Tenant Improvements on or before July 31, 2017. Notwithstanding the foregoing sentence to the contrary, as part of the Tenant Improvements, Tenant shall perform the work necessary to separately demise the Premises from the remaining portion of the sixth (6th) floor of the Building, including the installation of a demising wall (the “Demising Work”) on or before April 1, 2017. Tenant acknowledges that the tenant in the premises adjacent to the Premises will also be performing demising work. Tenant’s performance of the Demising Work shall be coordinated in conformity with Landlord drawings and Tenant shall cooperate with Landlord and/or specifications submitted to and approved by Landlord’s contractors in all ways to ensure the efficient and expeditious scheduling, staging and performance of the Demising Work. The Demising Work which approval shall not adversely affect any construction work being performed by be unreasonably withheld or for Landlord or its tenants delayed, and shall be performed in harmony with Landlord’s contractors and subcontractors and with other contractors and subcontractors in the Complex. Tenant shall impose on and enforce all applicable terms of this Tenant Improvements Agreement against Tenant’s contractors. Landlord shall have the right to order Tenant or any of Tenant’s contractors who violate the requirements imposed on Tenant or Tenant’s contractors in performing the Demising Work to cease performance of the Demising Work and to remove its equipment and employees from the Building. No such action by Landlord shall cause any extension of the Commencement Date nor relieve Tenant from any of its obligations under the Lease. Further, notwithstanding anything herein to the contrary, any delay in the completion of the Demising Work, or any interference to Tenant’s business operations or inconvenience suffered by Tenant during the performance of any adjacent tenant’s demising work shall not subject Landlord to any liability for any loss or damages resulting there from nor entitle Tenant to any credit, abatement or adjustment of Rent or other sum payable under the Lease, as amended hereby. During Tenant’s design, construction and installation of the Tenant Improvements, Tenant shall pay for all Building services and utilities, if and to the extent required, (i) in accordance with the Existing Sublease from the Effective Date through March 31, 2017, and (ii) in accordance with this Lease from and after April 1, 2017.following provisions:
Appears in 1 contract
Samples: Lease Agreement (Personalis, Inc.)
Tenant Improvements. 3.1 In addition to Landlord’s Work, Tenant will cause shall have the right to be constructed, make cosmetic improvements to the interior of the Premises as generally described in Exhibit B-3 attached hereto (the “Tenant Improvements”). Tenant shall make the Tenant Improvements at Tenant’s sole cost and expense (subject to Landlord’s payment of the Improvement Allowance), the Tenant ImprovementsImprovement Allowance set forth below). The Any material change in the planned Tenant Improvements will shall be designed and constructed as described in this Exhibit “D”. Tenant will select subject to the Contractor to be the general contractor to perform the Work. Landlord consent of Landlord, which consent shall have the right to approve (such approval not to be unreasonably withheld, conditioned delayed or delayed) the Contractor and all subcontractors that will be performing any portion of the Workconditioned. All contractors that will be performing any portion of the Work shall be union contractors. Tenant will pay all direct and indirect costs of the design and construction of the Any such Tenant Improvements (subject to the Landlord’s payment of the Improvement Allowance as provided for herein). Such costs may include, without limitation, all costs of preparing the Space Plan, construction document preparation, design, Plans and Specifications, general conditions, labor, materials, and other construction costs, the fees (on an hourly basisexcept trade fixtures) of Contractor’s project manager and site superintendent for the Tenant Improvements, and all costs incurred in connection with obtaining permits for the Tenant Improvements. For all purposes of ownership, including risk of loss thereto, the Tenant Improvements will immediately upon installation be and remain shall at once become a part of the Building Premises and the property of Landlord, provided that as provided in Section 15 of this Lease, shall be surrendered to Landlord may require Tenant to remove same upon the expiration or earlier sooner termination of the Lease Termthis Lease. Tenant currently occupies the Premises under the Existing Sublease and Landlord permits Tenant All work with respect to immediately commence construction of the Tenant Improvements from must be done in a good and after the Effective Date of this Lease [subject to workmanlike Landlord’s Initials Tenant’s compliance with Initials manner and diligently prosecuted to completion to the terms and conditions end that the improvements on the Premises shall at all times be a complete unit except during the period of the Existing Sublease (if then applicable), including, without limitation, Tenant’s receipt of approval from Tenant’s sublessor thereunder]work. Tenant shall use its best commercially reasonable efforts to complete the Tenant Improvements on or before July 31August 1, 2017. Notwithstanding 2011.
3.2 Landlord grants to Tenant a one-time Tenant Improvement Allowance not to exceed $2.00 per square foot ($29,054) for the foregoing sentence to the contrary, as part of the Tenant Tenant’s Improvements, Tenant shall perform the work necessary to separately demise the Premises from the remaining portion of the sixth (6th) floor of the Building, including the installation of a demising wall (the “Demising Work”) on or before April 1, 2017any applicable soft costs. Tenant acknowledges that the tenant in the premises adjacent to the Premises will also be performing demising work. Tenant’s performance of the Demising Work Said allowance shall be coordinated with disbursed upon presentation by Tenant to Landlord and Tenant shall cooperate with Landlord and/or Landlord’s contractors in all ways to ensure the efficient and expeditious scheduling, staging and performance of the Demising Work. The Demising Work shall not adversely affect any construction work being performed by or for Landlord or its tenants and shall be performed in harmony with Landlord’s contractors and subcontractors and with other contractors and subcontractors in the Complex. Tenant shall impose on and enforce all applicable terms of this Tenant Improvements Agreement against Tenant’s contractors. Landlord shall have the right to order Tenant or any (i) copies of Tenant’s contractors who violate the requirements imposed on Tenant or Tenant’s contractors in performing the Demising Work to cease performance of the Demising Work and to remove its equipment and employees from the Building. No such action by Landlord shall cause any extension of the Commencement Date nor relieve Tenant from any of its obligations under the Lease. Further, notwithstanding anything herein to the contrary, any delay in the completion of the Demising Work, or any interference to Tenant’s business operations or inconvenience suffered by Tenant during the performance of any adjacent tenant’s demising work shall not subject Landlord to any liability paid invoices for any loss or damages resulting there from nor entitle Tenant to any credit, abatement or adjustment of Rent or other sum payable under the Lease, as amended hereby. During Tenant’s design, construction and installation of the costs associated with Tenant Improvements, Tenant shall pay for all Building services and utilities, if and to the extent required, (i) in accordance with the Existing Sublease from the Effective Date through March 31, 2017, ; and (ii) in accordance with this Lease from all applicable unconditional final lien waivers. If Tenant does not utilize the Tenant Improvement Allowance by March 31, 2012, the Tenant Improvement Allowance shall become null and after April 1, 2017void and Tenant shall forever lose its right to utilize said allowance.
Appears in 1 contract
Tenant Improvements. Tenant will shall prepare or cause to be constructedprepared (i) on or before March _, at Tenant’s sole cost and expense 1999 construction plans (subject to Landlord’s payment the "Initial TI Plans") of the Improvement Allowanceimprovements to be made to the Initial Premises (the "Initial Tenant Improvements"), and (ii) on or before September 1, 1999 construction plans (the "Subsequent TI Plans") of the improvements to be made to the Expanded Premises (the "Subsequent Tenant Improvements"), which Tenant Plans (as hereinafter defined) shall be approved in writing by Landlord, which approval shall not be unreasonably withheld or delayed. The Initial TI Plans and the Subsequent TI Plans shall be hereinafter be together referred to as the "Tenant Plans"; the Initial Tenant Improvements and the Subsequent Tenant Improvements shall hereinafter be together referred to as the "Tenant Improvements." Tenant shall cause the Tenant Improvements to be constructed and installed in accordance with the Tenant Plans by a general contractor selected by Tenant and approved by Landlord, which approval shall not be unreasonably withheld or delayed (the "Approved Contractor"). Tenant shall also use diligent efforts to cause the Initial Tenant Improvements to be completed no later than one hundred twenty (120) days after Tenant takes possession of the whole or any part of the Initial Premises, and the Subsequent Tenant Improvements to be completed no later than March 1, 2000, it being understood and agreed, however, that the failure of Tenant to complete such work by such date shall not affect Tenant's obligations hereunder, including without limitation, the obligation to pay rent and other amounts provided herein. All Tenant Improvements shall be done in a good and workmanlike manner in accordance with all applicable laws, ordinances and regulations. Prior to commencing the Tenant Improvements, Tenant shall deliver to Landlord a true, correct and complete list of all subcontracts and material supply contracts relating to the Tenant Improvements and shall update such list promptly. Except as otherwise expressly set forth herein, Tenant shall be responsible for the total cost of construction, including materials, fees, and all other necessary and incidental expenses associated with the Tenant Improvements and shall obtain all necessary licenses and permits therefor. Tenant shall indemnify and hold Landlord harmless from any and all costs, expenses, losses or damages in connection with the installation and construction of the Tenant Improvements. The All Tenant Improvements made by Tenant shall be subject to all of the terms and conditions of this Lease, including without limitation, the provisions of Sections 6.1.4 - 6.1.6, and 6.1.18 - 6.1.21 hereof. Without limitation of the foregoing, the Tenant Improvements shall, include all materials and labor required to: (A) achieve compliance with all applicable laws, codes, rules and regulations, including the Americans with Disabilities Act and other handicap accessibility laws, codes, rules and regulations, but only with respect to the Premises and not with respect to the common facilities of the Building, and (B) upgrade any HVAC, electrical or other mechanical systems specifically servicing the Premises as required for Tenant's use and occupancy thereof. Landlord will not approve any construction, alterations, or additions requiring unusual expense to readapt the Premises to normal office use on lease termination or increasing the cost of construction, insurance or taxes on the Building or of Landlord's services called for by Section 5.1 unless Tenant first gives assurances acceptable to Landlord that such readaptation will be designed made prior to such termination without expense to Landlord and constructed makes provisions acceptable to Landlord for payment of such increased cost. All changes and additions shall be part of the Building except such items as described in this Exhibit “D”. Tenant will select the Contractor to be the general contractor to perform the Work. Landlord shall have require Tenant to remove in writing on termination of this Lease. Notwithstanding the right foregoing, Tenant shall not be required to approve remove the Tenant Improvements or any other improvements made by Tenant or Landlord in accordance with any Tenant Plans approved by Landlord (or any other improvements consistent therewith provided the same are approved by Landlord, such approval not to be unreasonably withheld, conditioned withheld or delayed) the Contractor and all subcontractors that will ), nor shall any such improvements be performing any portion of the Work. All contractors that will be performing any portion of the Work shall be union contractors. removed by Tenant will pay all direct and indirect costs of the design and construction of the Tenant Improvements (subject to the Landlord’s payment of the Improvement Allowance as provided for herein). Such costs may include, without limitation, all costs of preparing the Space Plan, construction document preparation, design, Plans and Specifications, general conditions, labor, materials, and other construction costs, the fees (on an hourly basis) of Contractor’s project manager and site superintendent for the Tenant Improvements, and all costs incurred in connection with obtaining permits for the Tenant Improvements. For all purposes of ownership, including risk of loss thereto, the Tenant Improvements will immediately upon installation be and remain a part of the Building and the property of Landlord, provided that as provided in Section 15 termination of this Lease, Landlord may require Tenant to remove same upon the expiration or earlier termination of the Lease Term. Tenant currently occupies the Premises under the Existing Sublease and Landlord permits Tenant to immediately commence construction of the Tenant Improvements from and after the Effective Date of this Lease [subject to Tenant’s compliance with the terms and conditions of the Existing Sublease (if then applicable), including, without limitation, Tenant’s receipt of approval from Tenant’s sublessor thereunder]. Tenant shall use its best efforts to complete the Tenant Improvements on or before July 31, 2017. Notwithstanding the foregoing sentence to the contrary, as part of the Tenant Improvements, Tenant shall perform the work necessary to separately demise the Premises from the remaining portion of the sixth (6th) floor of the Building, including the installation of a demising wall (the “Demising Work”) on or before April 1, 2017. Tenant acknowledges that the tenant in the premises adjacent to the Premises will also be performing demising work. Tenant’s performance of the Demising Work shall be coordinated with Landlord and Tenant shall cooperate with Landlord and/or Landlord’s contractors in all ways to ensure the efficient and expeditious scheduling, staging and performance of the Demising Work. The Demising Work shall not adversely affect any construction work being performed by or for Landlord or its tenants and shall be performed in harmony with Landlord’s contractors and subcontractors and with other contractors and subcontractors in the Complex. Tenant shall impose on and enforce all applicable terms of this Tenant Improvements Agreement against Tenant’s contractors. Landlord shall have the right to order Tenant or any of Tenant’s contractors who violate the requirements imposed on Tenant or Tenant’s contractors in performing the Demising Work to cease performance of the Demising Work and to remove its equipment and employees from the Building. No such action by Landlord shall cause any extension of the Commencement Date nor relieve Tenant from any of its obligations under the Lease. Further, notwithstanding anything herein to the contrary, any delay in the completion of the Demising Work, or any interference to Tenant’s business operations or inconvenience suffered by Tenant during the performance of any adjacent tenant’s demising work shall not subject Landlord to any liability for any loss or damages resulting there from nor entitle Tenant to any credit, abatement or adjustment of Rent or other sum payable under the Lease, as amended hereby. During Tenant’s design, construction and installation of the Tenant Improvements, Tenant shall pay for all Building services and utilities, if and to the extent required, (i) in accordance with the Existing Sublease from the Effective Date through March 31, 2017, and (ii) in accordance with this Lease from and after April 1, 2017.
Appears in 1 contract
Samples: Building Lease (Furniture Com Inc)
Tenant Improvements. Not later than the date of this Amendment, Tenant will shall cause to be constructedTenant’s architect (“Tenant’s Architect”), at Tenant’s sole cost cost, to prepare and expense (subject to deliver to Landlord, at least five (5) sets each of construction drawings of and construction specifications of improvements for Tenant’s payment occupancy of the Improvement Allowance)50 VSP Space (the “Tenant Improvements”) in sufficient detail to enable Landlord to obtain a building permit and construct the Tenant Improvements (as may be modified, the “Tenant ImprovementsConstruction Documents”) for Landlord’s review, approval (which may be withheld in Landlord’s reasonable discretion) and pricing in accordance with the procedure described below. Landlord may (but is not obligated to) make recommendations for changes to the Tenant Construction Documents, and Tenant may likewise make changes to the Tenant Construction Documents.
(a) Within twelve (12) business days after Tenant’s Architect has delivered the Tenant Construction Documents to Landlord, Landlord shall obtain at least three (3) fixed price bids for the Tenant Improvements based upon the Tenant Construction Documents. Bids shall provide alternative pricing with no overtime and with overtime to shorten the construction schedule. The Tenant Improvements will be designed and constructed as described in this Exhibit “D”. Tenant will select purpose of obtaining the Contractor to be bids is the selection of the general contractor to perform complete the WorkTenant Improvements.
(b) Within five (5) business days after Landlord has obtained at least three (3) fixed price bids for the Tenant Improvements in accordance with the above procedure, Landlord shall send copies of the bids and contractors’ supporting materials to Tenant, and Landlord and Tenant shall discuss, evaluate, and possibly adjust the bids. Landlord shall have then, on or about the right to approve end of such five (such approval not to be unreasonably withheld5) day period, conditioned or delayed) the Contractor and all subcontractors that will be performing any portion notify Tenant of the Work. All contractors general contractor that will be performing any portion of the Work shall be union contractors. Tenant will pay all direct and indirect costs of the design and construction of the Tenant Improvements (subject Landlord has selected to the Landlord’s payment of the Improvement Allowance as provided for herein). Such costs may include, without limitation, all costs of preparing the Space Plan, construction document preparation, design, Plans and Specifications, general conditions, labor, materials, and other construction costs, the fees (on an hourly basis) of Contractor’s project manager and site superintendent for complete the Tenant Improvements, and all costs incurred in connection taking into account the general contractor’s experience, Landlord’s working relationship with obtaining permits for the Tenant Improvements. For all purposes of ownership, including risk of loss theretogeneral contractor, the Tenant Improvements will immediately upon installation be and remain a part of the Building and the property of Landlord, provided that as provided in Section 15 of this Lease, Landlord may require Tenant to remove same upon the expiration or earlier termination of the Lease Term. Tenant currently occupies the Premises under the Existing Sublease and Landlord permits Tenant to immediately commence construction of the Tenant Improvements from and after the Effective Date of this Lease [subject to Tenant’s compliance with the terms and conditions of the Existing Sublease (if then applicable), including, without limitation, Tenant’s receipt of approval from Tenant’s sublessor thereunder]. Tenant shall use its best efforts to complete the Tenant Improvements on or before July 31, 2017. Notwithstanding the foregoing sentence to the contrary, as part scope of the Tenant Improvements, the time required to complete the Tenant shall perform Improvements, the work necessary to separately demise the Premises from the remaining portion amount of the sixth (6th) floor bids, and the amount of the BuildingTenant Improvement Allowance. If Landlord does not select the lowest qualified bidder, including the installation of a demising wall (the “Demising Work”) on or before April 1, 2017. Landlord shall notify Tenant acknowledges that the tenant in the premises adjacent to the Premises will also be performing demising work. Tenant’s performance of the Demising Work shall be coordinated with Landlord and Tenant shall cooperate with Landlord and/or reasons for Landlord’s contractors in all ways to ensure the efficient and expeditious scheduling, staging and performance of the Demising Workchoice. The Demising Work shall not adversely affect final fixed price, taking into account any construction work being performed by or for Landlord or its tenants and shall be performed in harmony Tenant approved change orders, together with Landlord’s contractors construction supervision and subcontractors and with other contractors and subcontractors in the Complex. Tenant shall impose on and enforce all applicable terms of this Tenant Improvements Agreement against Tenant’s contractors. Landlord shall have the right management fee equal to order Tenant or any of Tenant’s contractors who violate the requirements imposed on Tenant or Tenant’s contractors in performing the Demising Work to cease performance two percent (2%) of the Demising Work hard construction costs for supervising and to remove its equipment and employees from managing the Building. No such action by Landlord shall cause any extension of the Commencement Date nor relieve Tenant from any of its obligations under the Lease. Further, notwithstanding anything herein to the contrary, any delay in the completion of the Demising Work, or any interference to Tenant’s business operations or inconvenience suffered by Tenant during the performance of any adjacent tenant’s demising work shall not subject Landlord to any liability for any loss or damages resulting there from nor entitle Tenant to any credit, abatement or adjustment of Rent or other sum payable under the Lease, as amended hereby. During Tenant’s design, construction and installation of the Tenant Improvements, shall be the “Tenant Improvement Costs.” As used in this Amendment, the term “Tenant Improvements” shall pay for include all Building services of Tenant’s work and utilities, if and to improvements shown on the extent required, (i) in accordance with the Existing Sublease from the Effective Date through March 31, 2017, and (ii) in accordance with this Lease from and after April 1, 2017Tenant Construction Documents.
Appears in 1 contract
Tenant Improvements. Tenant will cause improvements for the Additional Leased Premises shall be done in two stages.
(a) Prior to be constructedoccupancy, landlord at Tenant’s its sole cost and expense (subject shall cause the Additional Leased Premises to Landlord’s payment be improved in accordance with Exhibit "A" which is attached hereto and incorporated herein by reference. Upon the completion of the Improvement Allowance)work provided for in Exhibit "A", the Tenant Improvements. The Tenant Improvements will be designed term of the lease shall commence as provided for in Paragraph 2 of this First Amendment To Office Lease.
(b) After occupancy, tenant shall supply landlord with its space plans and constructed as described in this Exhibit “D”. Tenant will select the Contractor to be the general contractor to perform the Workrelated specifications for its tenant improvements for said Additional Leased Premises. Landlord shall have the right to approve (such said space plans and related specifications which approval shall not to unreasonably be unreasonably withheld, conditioned or delayed) . Landlord shall cause the Contractor and all subcontractors that will be performing any portion of the Work. All contractors that will be performing any portion of the Work shall be union contractors. Tenant will pay all direct and indirect costs of the design and construction of the Tenant Improvements tenant improvements pursuant to said approved space plans and related specifications.
(subject to c) The tenant improvement costs for the Landlord’s payment implementation of the Improvement Allowance as provided space plans shall not exceed the sum of $67605.00 (based on 4507 net rentable square feet for Suites C and H times $15 per square foot) less the cost of performing the improvements required by paragraph 6(a) herein). Such Said costs may include, without limitation, shall include all "hard" and "soft" costs of preparing associated with the Space Plan, construction document preparation, design, Plans and Specifications, general conditions, labor, materials, and other construction costs, the fees (on an hourly basis) of Contractor’s project manager and site superintendent for the Tenant Improvements, and all costs incurred in connection with obtaining permits for the Tenant Improvements. For all purposes of ownership, including risk of loss thereto, the Tenant Improvements will immediately upon installation be and remain a part of the Building and the property of Landlord, provided that as provided in Section 15 of this Lease, Landlord may require Tenant to remove same upon the expiration or earlier termination of the Lease Term. Tenant currently occupies the Premises under the Existing Sublease and Landlord permits Tenant to immediately commence construction of the Tenant Improvements from and after the Effective Date of this Lease [subject to Tenant’s compliance with the tenant improvements, as those terms and conditions are defined in Paragraph 1 (b) of the Existing Sublease (if then applicable)Office Lease. In the event cost of the tenant improvements pursu- ant to the approved space plans and related specifications exceeds the sum of $67605.00, includingtenant shall reimburse landlord for the excess cost. Landlord shall complete the tenant improvements in a good and workmanlike manner. Because the tenant improvements will be installed after occupancy, without limitation, Tenant’s receipt Tenant acknowledges there will be disruption due to the work and waives any claim for reduced rent or any claim for breach of approval from Tenant’s sublessor thereunder]the covenant of quiet enjoyment as a result thereof. Tenant shall use its best efforts not be entitled to complete any tenant improvement allowance if the Tenant Improvements on or before July 31, 2017. Notwithstanding the foregoing sentence to the contrary, as part of the Tenant Improvements, Tenant shall perform the work necessary to separately demise the Premises from the remaining portion of the sixth (6th) floor of the Building, including the installation of a demising wall (the “Demising Work”) on or before April improvements are requested after September 1, 2017. Tenant acknowledges that the tenant in the premises adjacent to the Premises will also be performing demising work. Tenant’s performance of the Demising Work shall be coordinated with Landlord and Tenant shall cooperate with Landlord and/or Landlord’s contractors in all ways to ensure the efficient and expeditious scheduling, staging and performance of the Demising Work. The Demising Work shall not adversely affect any construction work being performed by or for Landlord or its tenants and shall be performed in harmony with Landlord’s contractors and subcontractors and with other contractors and subcontractors in the Complex. Tenant shall impose on and enforce all applicable terms of this Tenant Improvements Agreement against Tenant’s contractors. Landlord shall have the right to order Tenant or any of Tenant’s contractors who violate the requirements imposed on Tenant or Tenant’s contractors in performing the Demising Work to cease performance of the Demising Work and to remove its equipment and employees from the Building. No such action by Landlord shall cause any extension of the Commencement Date nor relieve Tenant from any of its obligations under the Lease. Further, notwithstanding anything herein to the contrary, any delay in the completion of the Demising Work, or any interference to Tenant’s business operations or inconvenience suffered by Tenant during the performance of any adjacent tenant’s demising work shall not subject Landlord to any liability for any loss or damages resulting there from nor entitle Tenant to any credit, abatement or adjustment of Rent or other sum payable under the Lease, as amended hereby. During Tenant’s design, construction and installation of the Tenant Improvements, Tenant shall pay for all Building services and utilities, if and to the extent required, (i) in accordance with the Existing Sublease from the Effective Date through March 31, 2017, and (ii) in accordance with this Lease from and after April 1, 20171995.
Appears in 1 contract
Samples: Office Lease (Qad Inc)
Tenant Improvements. a. Tenant will cause acknowledges that Landlord has met its obligations, if any, to be constructedconstruct tenant improvements for the Existing Premises and to construct improvements to the Base Building pursuant to the Lease, including, without limitation, Paragraph 10 of the Second Amendment, Paragraph 11 of the Second Amendment, Schedule 1-A attached to the Second Amendment, Schedule 1-B attached to the Second Amendment and Schedule 2 attached to the Second Amendment. Tenant hereby agrees to accept the Existing Premises in its “AS-IS, WHERE-IS” condition as of the date hereof and, except as otherwise set forth in this Third Amendment, Landlord shall have no obligation to construct tenant improvements for the Existing Premises from and after the date of this Third Amendment or the Third Amendment Reduced Premises during the Third Amendment Renewal Term.
b. Landlord shall, using Landlord’s Building standard materials, finishes and methods, and at TenantLandlord’s sole cost and expense expense, cause the Third Amendment Reduced Premises to be separately demised from the Third Amendment Surrender Space in accordance with the space plan and pricing notes attached hereto as Exhibit D which shall also include the installation of a demising wall (“Demising Wall”) separating the Third Amendment Reduced Premises from the Third Amendment Surrender Space (collectively, the “Third Amendment Reduced Premises Demising Work”). Any improvements other than the Third Amendment Reduced Premises Demising Work shall be subject to Landlord’s payment of the Improvement Allowance), the Tenant Improvements. The Tenant Improvements will be designed and constructed as described in this Exhibit “D”. Tenant will select the Contractor to be the general contractor to perform the Work. Landlord shall have the right to approve prior written approval (which such approval shall not to be unreasonably withheld, conditioned or delayed) the Contractor and all subcontractors that will be performing any portion of the Work. All contractors that will be performing any portion of the Work ), shall be union contractorsat Tenant’s sole expense and, except as otherwise permitted by Landlord, shall be constructed by Landlord. Tenant will pay all direct hereby grants Landlord and indirect costs of the design and construction of the Tenant Improvements (subject its agents access to the Landlord’s payment of Existing Premises (prior to the Improvement Allowance as provided for herein). Such costs may include, without limitation, all costs of preparing Third Amendment Renewal Date) or the Space Plan, construction document preparation, design, Plans and Specifications, general conditions, labor, materials, and other construction costs, the fees Third Amendment Reduced Premises (on an hourly basis) of Contractor’s project manager and site superintendent for the Tenant Improvements, and all costs incurred in connection with obtaining permits for the Tenant Improvements. For all purposes of ownership, including risk of loss thereto, the Tenant Improvements will immediately upon installation be and remain a part of the Building and the property of Landlord, provided that as provided in Section 15 of this Lease, Landlord may require Tenant to remove same upon the expiration or earlier termination of the Lease Term. Tenant currently occupies the Premises under the Existing Sublease and Landlord permits Tenant to immediately commence construction of the Tenant Improvements from and after the Effective Date Third Amendment Renewal Date) for the purpose of this Lease [subject to Tenant’s compliance with performing the terms and conditions of the Existing Sublease (if then applicable), including, without limitation, Tenant’s receipt of approval from Tenant’s sublessor thereunder]Third Amendment Reduced Premises Demising Work. Tenant shall use its best efforts to complete the Tenant Improvements on or before July 31, 2017. Notwithstanding the foregoing sentence to the contrary, as part of the Tenant Improvements, Tenant shall perform the work necessary to separately demise the Premises from the remaining portion of the sixth (6th) floor of the Building, including the installation of a demising wall (the “Demising Work”) on or before April 1, 2017. Tenant hereby acknowledges that the tenant in the premises adjacent to the Third Amendment Reduced Premises will also be performing demising work. Tenant’s performance of the Demising Work shall be coordinated with Landlord and performed while Tenant shall cooperate with Landlord and/or Landlord’s contractors is in all ways to ensure the efficient and expeditious scheduling, staging and performance occupancy of the Demising Work. The Existing Premises, and Landlord's actions in connection with the Third Amendment Reduced Premises Demising Work shall not adversely affect any construction work being performed by or for Landlord or its tenants and shall be performed in harmony with Landlord’s contractors and subcontractors and with other contractors and subcontractors in the Complex. Tenant shall impose on and enforce all applicable terms no way constitute a constructive eviction of this Tenant Improvements Agreement against Tenant’s contractors. Landlord shall have the right to order Tenant or any of Tenant’s contractors who violate the requirements imposed on Tenant or Tenant’s contractors in performing the Demising Work to cease performance of the Demising Work and to remove its equipment and employees from the Building. No such action by Landlord shall cause any extension of the Commencement Date nor relieve Tenant from any of its obligations under the Lease. Further, notwithstanding anything herein to the contrary, any delay in the completion of the Demising Work, or any interference to Tenant’s business operations or inconvenience suffered by Tenant during the performance of any adjacent tenant’s demising work shall not subject Landlord to any liability for any loss or damages resulting there from nor entitle Tenant to any credit, abatement or adjustment of Rent or other sum payable under the Lease, as amended herebyrent. During Tenant’s design, construction and installation of the Tenant Improvements, Tenant shall pay for all Building services and utilities, if and Except to the extent requiredcaused by the gross negligence or willful misconduct of Landlord, (i) Landlord shall have no responsibility or for any reason be liable to Tenant for any direct or indirect injury to or interference with Tenant's business arising from the performance of the Third Amendment Reduced Premises Demising Work, nor shall Tenant be entitled to any compensation or damages from Landlord for any inconvenience or annoyance occasioned by such construction or Landlord's actions in accordance connection with such construction. Landlord shall use commercially reasonable efforts to not unreasonably interfere with Tenant’s use and enjoyment of the Existing Sublease from Premises (prior to the Effective Date through March 31, 2017, and Third Amendment Renewal Date) or the Third Amendment Reduced Premises (ii) in accordance with this Lease from and after April 1, 2017the Third Amendment Renewal Date) during such construction.
Appears in 1 contract
Samples: Leasing Agreement (Learning Tree International, Inc.)
Tenant Improvements. Tenant will cause (a) In addition to be constructed, at Tenant’s sole cost and expense (subject to Landlord’s payment the construction of the Improvement Allowance)Building and other Improvements shown in the Final Plans and Specifications, Landlord shall construct for Tenant “Tenant Improvements” up to and not exceeding a cost of Thirty-Five Dollars ($35.00) per gross measured square foot for any items in addition to those set forth in Exhibit ”E” hereto, such items being defined as the “Building Core and Shell.
(b) If Tenant approves the proposal for the construction of Tenant Improvements prepared by the General Contractor as part of the application process pursuant to Section 4.2 hereof, then upon completion of the plan submissions for the Tenant Improvements. The Improvements as set forth in Section 4.4(d) below, Landlord shall cause General Contractor to obtain subcontract bids for the construction of the Tenant Improvements will from at least three (3) reputable subcontractors approved by Tenant for each trade, which approval shall not be designed unreasonably withheld, conditioned or delayed. Landlord and constructed as described in this Exhibit “D”General Contractor shall review the bids obtained and shall recommend to Tenant which bid to accept for each trade. Tenant will select shall approve or disapprove of the Contractor to be the general contractor to perform the Work. Landlord shall have the right to approve (recommended bid, such approval not to be unreasonably withheld, conditioned or delayed) , and the General Contractor shall promptly award the subcontract to such bidders so selected and all subcontractors that will be performing any portion shall execute subcontracts for the construction of the Work. All contractors that will be performing any portion Tenant Improvements in accordance with the plan submissions approved pursuant to Section 4.4(d) below.
(c) If Tenant disapproves the proposal for the construction of Tenant Improvements prepared by the General Contractor as part of the Work application process pursuant to Section 4.2 hereof, then within twenty (20) days of completion of the plan submissions for the Tenant Improvements as set forth in Section 4.4(d) below, Landlord agrees to obtain bids from at least three (3) reputable general contractors approved by Tenant, which approval shall not be unreasonably withheld, conditioned or delayed, for the construction of the Tenant Improvements. The bid packages (which shall include a form of construction contract for the construction of the Tenant Improvements) to be submitted to potential general contractors shall be union contractorssubject to Tenant’s prior written approval within twenty (20) days after the delivery thereof to Tenant, including review and approval of the terms of the construction contract, including the insurance provisions contained therein, which approval shall not be unreasonably withheld or conditioned. Each bidder shall be required to include within its bid all work required by the approved plan submissions for the Tenant Improvements, including, without limitation, all fees, permits, licenses, inspections and certificates required by any governmental authority for such work. Except for a good cause determined by Landlord and Tenant in their reasonable judgment, Landlord shall promptly award the contract to the low bidder and shall execute a construction contract in the form included in the bid package for the construction of the Tenant Improvements in accordance with the plan submissions approved pursuant to Section 4.4(d) hereof, which construction contract shall be for a fixed sum equal to the bid of such contractor. To the extent that the construction contract to be executed by the Landlord and the low bidder deviates from the form of construction contract included in the bid package, Tenant shall have the right to review and approve any such deviations within ten (10) days after the delivery thereof to Tenant, such approval not to be unreasonably withheld or conditioned. Landlord and Tenant shall have the right to review all bids, if any, and discuss them with the contractors submitting bids to confirm that all work described in the plan submissions is included in such contractor’s bid.
(d) Tenant’s space planner (“Tenant’s Space Planner”) shall deliver three (3) plan submissions for the Tenant Improvements to Landlord and Tenant for review and approval as follows:
(1) No later than the date set forth in the Construction Schedule, submission of schematic plans which shall include (floor plans including architectural features such as, but not limited to, walls, doors and door swing, casework (millwork), room identifications and adjacencies);
(2) No later than the date set forth in the Construction Schedule, submission of design development plans which shall include architectural plans and legends, finish plans and legends, reflecting ceiling plan and concept lighting schedules, major elevations, related sketches and perspectives to further illustrate design concept as necessary; and
(3) No later than the date set forth in the Construction Schedule, submission of final plans and specifications which shall include cover sheet/legend, floor plans for each floor, reflected ceiling plans for each floor including lighting legend, finish plans for each floor, power and communications plans for each floor, MEP plans for each floor, furniture plans for reference for each floor (however, furniture is not included in Tenant Improvements), enlarged plans and details (this could include rooms such as the reception area and copy rooms), casework detail, partition construction schedules and associated detailing, door scheduling and details. Landlord shall be required to provide its approval of the Tenant Improvements as designed by Tenant’s Space Planner unless their construction will delay the completion of the Building and the Improvements by more than ten (10) Business Days. Tenant will pay all direct shall have the right to review and indirect approve the plans and specifications set forth in (1)-(3) above. Notwithstanding the foregoing, the plans and specifications for the Tenant Improvements shall be agreed to by Tenant in a timely manner such that the completion of the Building and the other Improvements is not delayed as a result thereof.
(e) In addition to the Tenant Improvements provided above, Landlord shall provide, at Tenant’s written request, additional Tenant Improvements, the cost of which shall be paid as provided in this Paragraph (e). Up to an additional Ten Dollars ($10.00) per gross measured square foot shall be paid by Tenant by either of the following methods, which method shall be selected by Tenant in its sole discretion: (i) Such amount shall be paid by Landlord and amortized over the Base Term at an interest rate of nine percent (9%) per annum, compounded monthly, and paid by Tenant as “Tenant Improvement Rent” pursuant to Section 5.6 hereof or (ii) paid by Tenant to Landlord on the Commencement Date. Tenant shall advise Landlord of its election within thirty (30) days following the execution of this Lease. Any cost of the Tenant Improvements requested by Tenant in writing in excess of Forty-Five Dollars ($45.00) per gross measured square foot shall be paid by Tenant to Landlord on the Commencement Date.
(f) Provided that Tenant and its agents do not unreasonably and unnecessarily interfere with Landlord’s work in the Premises or affect Landlord’s ability to bring the Tenant Improvements to substantial completion on or before the Commencement Date, Landlord agrees to allow Tenant reasonable access to the Premises prior to the substantial completion of the Tenant Improvements for the purpose of Tenant installing its own fixtures, furnishings and equipment (including Tenant’s data and telephone equipment) in the Premises and to inspect the Premises. Prior to Tenant’s entry into the Premises as permitted by the terms of this Section 4.4, Tenant shall submit a schedule to Landlord, for its approval, which approval shall not be unreasonably withheld, conditioned or delayed, which schedule shall detail the timing and purpose of Tenant’s entry. Tenant shall hold Landlord harmless from and indemnify, protect and defend Landlord against any loss or damage to the Premises and against injury to any persons caused by Tenant’s actions pursuant to this Section 4.4(f). Tenant’s entry shall be subject to such reasonable rules and regulations as Landlord or its contractor may establish prior to such entry.
(g) The amount to be applied against the allowances for Tenant Improvements set forth in Section 4.4(a) and 4.4(e) hereof, or to be paid by Tenant under clause (ii) of Section 4.4(e) hereof, shall not exceed Landlord’s out of pocket costs of in connection with the design and construction of the Tenant Improvements (subject to the Landlord’s payment of the Improvement Allowance as provided for herein). Such costs may include, without limitation, all costs of preparing the Space Plan, construction document preparation, design, Plans and Specifications, general conditions, labor, materials, and other construction costs, the fees (on an hourly basis) of Contractor’s project manager and site superintendent for the Tenant Improvements, and all costs incurred in connection with obtaining permits for the Tenant Improvements. For all purposes of ownership, including risk of loss thereto, the Tenant Improvements will immediately upon installation be and remain a part of the Building and the property of Landlord, provided that as provided in Section 15 of this Lease, Landlord may require Tenant to remove same upon the expiration or earlier termination of the Lease Term. Tenant currently occupies the Premises under the Existing Sublease and Landlord permits Tenant to immediately commence construction of the Tenant Improvements from and after the Effective Date of this Lease [subject to Tenant’s compliance with the terms and conditions of the Existing Sublease (if then applicable), including, without limitation, Tenant’s receipt of approval from Tenant’s sublessor thereunder]. Tenant shall use its best efforts to complete the Tenant Improvements on or before July 31, 2017. Notwithstanding the foregoing sentence to the contrary, as part of the Tenant Improvements, Tenant shall perform the work necessary to separately demise the Premises from the remaining portion of the sixth (6th) floor of the Building, including the installation of a demising wall (the “Demising Work”) on or before April 1, 2017. Tenant acknowledges that the tenant in the premises adjacent to the Premises will also be performing demising work. Tenant’s performance of the Demising Work shall be coordinated with Landlord and Tenant shall cooperate with Landlord and/or Landlord’s contractors in all ways to ensure the efficient and expeditious scheduling, staging and performance of the Demising Work. The Demising Work shall not adversely affect any construction work being performed by or for Landlord or its tenants and shall be performed in harmony with Landlord’s contractors and subcontractors and with other contractors and subcontractors in the Complex. Tenant shall impose on and enforce all applicable terms of this Tenant Improvements Agreement against Tenant’s contractors. Landlord shall have the right to order Tenant or any of Tenant’s contractors who violate the requirements imposed on Tenant or Tenant’s contractors in performing the Demising Work to cease performance of the Demising Work and to remove its equipment and employees from the Building. No such action by Landlord shall cause any extension of the Commencement Date nor relieve Tenant from any of its obligations under the Lease. Further, notwithstanding anything herein to the contrary, any delay in the completion of the Demising Work, or any interference to Tenant’s business operations or inconvenience suffered by Tenant during the performance of any adjacent tenant’s demising work shall not subject Landlord to any liability for any loss or damages resulting there from nor entitle Tenant to any credit, abatement or adjustment of Rent or other sum payable under the Lease, as amended hereby. During Tenant’s design, construction and installation of the Tenant Improvements, Tenant shall pay for all Building services and utilities, if and to the extent required, (i) in accordance with the Existing Sublease from the Effective Date through March 31, 2017, and (ii) in accordance with this Lease from and after April 1, 2017.
Appears in 1 contract
Samples: Lease Agreement (Dj Orthopedics Inc)
Tenant Improvements. a. Landlord and Tenant will cause acknowledge that Tenant shall make certain alterations and improvements, including the installation of cabling, to the Premises (the “Tenant Improvements”) to prepare the Premises for tenant’s occupancy. The construction of the Tenant Improvements shall be constructed, at Tenant’s sole cost and expense (subject to Landlord’s payment approval in accordance with this Exhibit B and otherwise governed in accordance with this Exhibit B. Tenant agrees to expend not less than $175,000.00 (One Hundred Seventy-Five Thousand Dollars) of the Improvement Allowance)Allowance (as defined in Paragraph 3.a., below) for the cost of designing, constructing, permitting and installing the Tenant Improvements.
b. Such work shall not proceed until Landlord has approved in writing: (i) Contractor, (ii) the amount and coverage of public liability and property damage insurance, with Landlord named as an additional insured, carried by Contractor, (iii) complete and detailed plans and specifications for such work, and (iv) a schedule for the work. The general contractor selected by Tenant, subject to Landlord’s reasonable prior approval, to construct the Tenant Improvements will be designed and constructed is referred to hereinafter as described in “Contractor.” Landlord’s approvals under this Exhibit “D”. Tenant will select the Contractor to be the general contractor to perform the Work. Landlord Work Letter shall have the right to approve (such approval not to be unreasonably withheld, conditioned or delayed. Within five (5) the Contractor and all subcontractors that will be performing any portion of the Work. All contractors that will be performing any portion of the Work shall be union contractors. Tenant will pay all direct and indirect costs of the design and construction of the Tenant Improvements (subject to the Landlord’s payment of the Improvement Allowance as provided business days after receiving a written request for herein). Such costs may include, without limitation, all costs of preparing the Space Plan, construction document preparation, design, Plans and Specifications, general conditions, labor, materials, and other construction costs, the fees (on an hourly basis) of Contractor’s project manager and site superintendent for the Tenant Improvements, and all costs incurred in connection with obtaining permits for the Tenant Improvements. For all purposes of ownership, including risk of loss thereto, the Tenant Improvements will immediately upon installation be and remain a part of the Building and the property of Landlord, provided that as provided in Section 15 of this Lease, Landlord may require Tenant to remove same upon the expiration or earlier termination of the Lease Term. Tenant currently occupies the Premises under the Existing Sublease and Landlord permits Tenant to immediately commence construction of the Tenant Improvements from and after the Effective Date of this Lease [subject to Tenant’s compliance with the terms and conditions of the Existing Sublease (if then applicable), including, without limitation, Tenant’s receipt of approval from Tenant, Landlord shall notify Tenant in writing as to whether Landlord approves or disapproves of the request, and if Landlord disapproves Landlord shall specify its reasons with particularity. Landlord’s sublessor thereunder]failure to respond within such five (5) business day period shall be deemed to be an event of delay by Landlord for purposes of determining the Commencement Date of the Lease. All work by Tenant or Tenant’s contractor prior to the Commencement Date shall be scheduled through Landlord.
c. All work shall be done in conformity with a valid permit when required, a copy of which shall be furnished to Landlord before such work is commenced. In any case, all such work shall be performed in accordance with all applicable laws. Notwithstanding any failure by Landlord to object to any such work, Landlord shall have no responsibility for Tenant’s failure to comply with applicable laws.
d. The Tenant Improvements shall be made in a good, first-class, workmanlike manner in accordance with the previously approved plans and specifications and in a manner that does not disturb other tenants of the Property. Tenant shall use its best efforts to complete does hereby indemnify and hold Landlord harmless from and against all claims for damages or death of persons or damage or destruction of property arising out of the Tenant Improvements on or before July 31, 2017. Notwithstanding the foregoing sentence to the contrary, as part performance of the Tenant Improvements, Tenant shall perform unless such damage or death is caused by the work necessary to separately demise the Premises from the remaining portion negligence or willful misconduct of the sixth (6th) floor of the BuildingLandlord, including the installation of a demising wall (the “Demising Work”) on its agents or before April 1, 2017. Tenant acknowledges that the tenant in the premises adjacent to the Premises will also be performing demising work. Tenant’s performance of the Demising Work shall be coordinated with Landlord and Tenant shall cooperate with Landlord and/or Landlord’s contractors in all ways to ensure the efficient and expeditious scheduling, staging and performance of the Demising Work. The Demising Work shall not adversely affect any construction work being performed by or for Landlord or its tenants and shall be performed in harmony with Landlord’s contractors and subcontractors and with other contractors and subcontractors in the Complex. Tenant shall impose on and enforce all applicable terms of this Tenant Improvements Agreement against Tenant’s contractors. Landlord shall have the right to order Tenant or any of Tenant’s contractors who violate the requirements imposed on Tenant or Tenant’s contractors in performing the Demising Work to cease performance of the Demising Work and to remove its equipment and employees from the Building. No such action by Landlord shall cause any extension of the Commencement Date nor relieve Tenant from any of its obligations under the Lease. Further, notwithstanding anything herein to the contrary, any delay in the completion of the Demising Work, or any interference to Tenant’s business operations or inconvenience suffered by Tenant during the performance of any adjacent tenant’s demising work shall not subject Landlord to any liability for any loss or damages resulting there from nor entitle Tenant to any credit, abatement or adjustment of Rent or other sum payable under the Lease, as amended hereby. During Tenant’s design, construction and installation of the Tenant Improvements, Tenant shall pay for all Building services and utilities, if and to the extent required, (i) in accordance with the Existing Sublease from the Effective Date through March 31, 2017, and (ii) in accordance with this Lease from and after April 1, 2017.employees
Appears in 1 contract
Tenant Improvements. Tenant will cause to be constructed, Lessee at Tenant’s its sole cost shall be responsible for the Tenant Improvements including space plans, building plans, and expense (subject to Landlord’s payment for all costs of the Improvement Allowance)construction including, the but not by way of limitation, permit fees for its Tenant Improvements. The Office improvements shall be constructed of a quality comparable to the quality existing at 0000 Xxxxxx Xxxxx or otherwise reasonably acceptable to Lessor and consist of a minimum of 5,100 square feet on the second floor and 5,100 square feet directly below on the first floor. A minimum of 5,100 square feet of such office improvements shall be completed within twelve (12) months of the Commencement Date, with the remainder to be completed not later than eighteen (18) months from the Commencement Date. Lessee's plans for construction of the Tenant Improvements will ("Lessee's Plans") and its general contractor for such construction shall be designed and constructed as described in this Exhibit “D”. Tenant will select subject to the Contractor Lessor's prior approval to be the general contractor given not later than ten (10) business days after submittal to perform the Work. Landlord shall have the right to approve (such Lessor, with Lessor's approval not to be unreasonably withheld, conditioned or delayed. In the event Lessor disapproves Lessee's Plans, Lessor shall specify the reasons for such disapproval and Lessee shall have ten (10) business days to revise and re-submit Lessee's Plans for Lessor's approval. Lessor shall respond thereto within five (5) business days and if the Contractor and all subcontractors that will be performing any portion of revised Lessee's Plans are again disapproved by Lessor, the Work. All contractors that will be performing any portion of the Work foregoing procedure shall be union contractorsre-instituted until Lessor's approval is obtained. Tenant will pay all direct and indirect costs of the design and construction of the Tenant Improvements (subject to the Landlord’s payment of the Improvement Allowance as provided for herein). Such costs may include, without limitation, all costs of preparing the Space Plan, construction document preparation, design, Plans and Specifications, general conditions, labor, materials, and other construction costs, the fees (on an hourly basis) of Contractor’s project manager and site superintendent for the Tenant Improvements, and all costs incurred in connection with obtaining permits for the Tenant Improvements. For all purposes of ownership, including risk of loss thereto, Lessee warrants that the Tenant Improvements will immediately upon installation be and remain a part comply with all Applicable Requirements in effect at the time of the Building and the property of Landlord, provided that as provided in Section 15 of this Lease, Landlord may require Tenant to remove same upon the expiration or earlier termination of the Lease Termsuch construction. Tenant currently occupies the Premises under the Existing Sublease and Landlord permits Tenant to immediately commence construction of the Tenant Improvements from and after the Effective Date of this Lease [subject to Tenant’s compliance with the terms and conditions of the Existing Sublease (if then applicable), including, without limitation, Tenant’s receipt of approval from Tenant’s sublessor thereunder]. Tenant Lessee shall use its best efforts to complete the Tenant Improvements on or before July 31, 2017. Notwithstanding the foregoing sentence to the contrary, construct as part of the Tenant Improvements, Tenant shall perform the work necessary to separately demise the Premises from the remaining portion screening of the sixth (6th) floor HVAC units on the roof of the Building, including the installation of a demising wall (the “Demising Work”) on or before April 1, 2017. Tenant acknowledges that the tenant in the premises adjacent to the Premises will also be performing demising work. Tenant’s performance of the Demising Work shall be coordinated with Landlord and Tenant shall cooperate with Landlord and/or Landlord’s contractors in all ways to ensure the efficient and expeditious scheduling, staging and performance of the Demising Work. The Demising Work shall not adversely affect any construction work being performed by or for Landlord or its tenants and shall be performed in harmony with Landlord’s contractors and subcontractors and with other contractors and subcontractors in the Complex. Tenant shall impose on and enforce all applicable terms of this Tenant Improvements Agreement against Tenant’s contractors. Landlord shall have the right to order Tenant or any of Tenant’s contractors who violate the requirements imposed on Tenant or Tenant’s contractors in performing the Demising Work to cease performance of the Demising Work and to remove its equipment and employees from the Building. No such action by Landlord shall cause any extension of the Commencement Date nor relieve Tenant from any of its obligations under the Lease. Further, notwithstanding anything herein to the contrary, any delay in the completion of the Demising Work, or any interference to Tenant’s business operations or inconvenience suffered by Tenant during the performance of any adjacent tenant’s demising work shall not subject Landlord to any liability for any loss or damages resulting there from nor entitle Tenant to any credit, abatement or adjustment of Rent or other sum payable under the Lease, as amended hereby. During Tenant’s design, construction and installation of the Tenant Improvements, Tenant shall pay for all Building services and utilities, if and to the extent required, (i) in accordance with the Existing Sublease requirements of the covenants, conditions and restrictions ("CC&Rs") applicable to the project of which the Building is a part. Lessee acknowledges that Lessor has notified those individuals responsible for administering the CC&Rs that such screening will be completed in accordance with the attached Schedule 50. Unless Lessee is successful in obtaining such individual's consent to a deviation from the Effective Date through March 31screening requirements set forth in the attached Schedule 50, 2017Lessee shall complete such screening to the satisfaction of such individuals in accordance with the attached Schedule 50.
50.1 The phrase "Tenant Improvements" means all interior and exterior (including HVAC systems) improvements which will not be part of the Building Shell constructed by Lessor and shall include but not by way of limitation (a) partitions, walls, doors, (b) all surface finishes, including wall coverings, paint, floor coverings, suspended ceilings and other similar items, (c) duct work, heat pumps, vents filters, diffusers, terminal boxes and accessories for completion of heating, ventilation and air conditioning systems within the Premises, (d) electrical distribution systems (including panels, subpanels, wires and outlets), lighting fixtures, outlets, switches and other electrical work to be installed in the Premises, (e) plumbing lines, fixtures and accessories, and all fire and life safety control systems such as fire walls and fire alarms ( including piping, wiring and accessories) to be located in the Premises , (f) improvements required for compliance with Title 24, and other governmental agencies, and (iig) all the construction specific for Lessee's biopharmaceutical needs, to the extent the foregoing are included in the Plans. Lessee represents and warrants that no part of its Tenant Improvements will contain ACHM in violation of Applicable Requirements in effect at the time of such construction. If Lessee does employ ACHM, the ACHM will be promptly removed in a manner required by the appropriate government agency in accordance with this Lease Applicable Requirements. Lessee shall be fully responsible for making all alterations and repairs to the Tenant Improvements at its cost to remove any and all ACHM resulting from and after April 1or necessitated by the failure of Lessee and/or Lessee's contractor to comply with Applicable Requirements regarding ACHM's in effect at the time of such construction, 2017or from Lessee's and/or Lessee's contractor's utilization of Hazardous Substances as defined by Applicable Requirements, in violation of such Applicable Requirements or which could pose a health risk to occupants of the Premises.
Appears in 1 contract
Samples: Standard Industrial Commercial Single Tenant Lease Net (Immune Response Corp)
Tenant Improvements. Tenant shall have the right to make certain tenant improvements to the Premises (as generally described on Exhibit B-1 hereto), including the right to construct a fence (the “Fence”) around the perimeter of the Premises (the “Tenant Improvements”). Tenant shall cause Tenant’s architect, Operations Concepts, Inc. (the “Tenant’s Architect”), to prepare a space plan (which shall include the design and location of the Fence) with respect to the Premises (the “Space Plan”). Tenant shall submit the Space Plan to Landlord for its written approval, which approval shall not be unreasonably withheld, conditioned or delayed. Landlord shall either approve or deny the Space Plan within ten (10) business days of Tenant’s submittal. The failure of Landlord to respond within such ten (10) business day period shall be deemed non-approval, however, the failure of Landlord to respond within ten (10) business days after a second request by Tenant after the expiration of the first ten (10) business day period shall be deemed approval. Within ten (10) business days of receipt of any proposed changes from the Landlord, Tenant will prepare revisions as appropriate and submit the revised Space Plan to Landlord, which will be deemed approved and final ten (10) days after delivery to Landlord unless Landlord provides Tenant additional written objections thereto within such 10-day period. The parties shall continue this process in good faith until the Space Plan is finally approved. Upon approval of the Space Plan, Tenant shall cause Operations Concepts Inc. (the “Tenant’s Engineer”) to prepare detailed plans and specifications for the Tenant Improvements in accordance with the approved Space Plan which shall be in sufficient detail to enable Tenant to obtain a building permit for the construction of the Tenant Improvements (the “Plans”). Tenant shall submit the Plans to the Landlord for its review and written approval, which approval shall not be unreasonably withheld, conditioned or delayed. Landlord shall either approve or deny the Plans within ten (10) business days of Tenant’s submittal, provided however, that in the event that Landlord is required, in Landlord’s commercially reasonable discretion, to retain professionals to review the Plans, Landlord shall have an additional ten (10) business day period to retain such professionals for the review of the Plans, so long as Landlord is diligently proceeding with such review and provided that Landlord has notified Tenant, within ten (10) business days after Tenant’s submittal, of the reason that Landlord requires the professional review. The failure of Landlord to respond within such ten (10) business day period (as the same may be extended for an additional ten (10) business days in accordance with the preceding sentence) shall be deemed non-approval. Within ten (10) business days of Tenant’s receipt of any proposed changes by Landlord, which shall be reasonable in nature and stated in sufficient detail so as to allow the necessary modifications by Tenant, Tenant will prepare revisions as appropriate and submit the revised Plans to Landlord, and Landlord shall either approve or deny the Plans within five (5) business days of Tenant’s submittal. Any proposed changes by Landlord shall be reasonable in nature and stated in sufficient detail so as to allow the necessary modifications by Tenant. Upon Tenant’s receipt of the Plans as modified by Landlord, Tenant shall have ten (10) business days within which to return the Plans to Landlord, as modified and the parties shall continue this process in good faith until the Plans are finally approved. Landlord and Tenant acknowledge and agree that each will use good faith commercially reasonable efforts to cooperate with one another to expedite the process of approving the Space Plan and the Plans in accordance with the preceding section. Notwithstanding the same, Tenant acknowledges that Landlord will not be deemed to be constructedacting unreasonably hereunder in the event that Landlord disapproves of any Space Plan or Plans submittal because the Space Plan or Plans as submitted contain improvements that do not comply with Applicable Laws or covenants affecting the Project, or if Landlord believes, in Landlord’s commercially reasonable opinion, that the requested improvements will have a material adverse affect on the Premises, the Building or the Project. Tenant further acknowledges and agrees that with respect to any improvements that will be made to the exterior of the Premises (including the Fence), Landlord will be entitled to consider the location, design, installation method and aesthetics of any such exterior improvements when considering its approval of such improvements. If applicable, Landlord shall reasonably cooperate with Tenant (at no cost to Landlord) to obtain approval for the construction of the Fence from any architectural control committee applicable to the Project. Once Landlord approves the Plans, Landlord shall not be permitted to require changes to the Plans as approved, unless such changes are required by Applicable Law or by a governmental authority. Upon approval of the Plans, the Tenant shall construct the Tenant Improvements, at Tenant’s sole cost and expense (subject to the application of the Tenant Improvement Allowance described below), subject to the following conditions:
(i) Tenant shall engage a general contractor which has been expressly approved by Landlord, which approval shall not be unreasonably withheld, conditioned or delayed, for the construction of the Tenant Improvements and the Fence. At least ten (10) days prior to the commencement of construction of the Tenant Improvements or the Fence, Tenant shall deliver to Landlord a certificate of insurance for each of Tenant’s contractors evidencing adequate insurance coverage naming Landlord and Landlord’s payment agents as additional insureds.
(ii) In addition to the rights of Landlord and its agents to inspect the Premises as set forth in Section 22 of the Improvement Allowance)Lease, the Tenant Improvements. The Tenant Improvements will be designed Landlord and constructed as described in this Exhibit “D”. Tenant will select the Contractor to be the general contractor to perform the Work. Landlord its agent shall have the right to conduct walk through inspections of the Premises during and following completion of the Tenant Improvements.
(iii) Tenant shall cause the Tenant Improvements and the Fence to be constructed in a good and workmanlike manner in accordance with the approved Plans and in full compliance with all applicable laws and regulations of all governmental authorities having jurisdiction. Tenant shall submit to Landlord for its review and written approval, all proposed change orders with respect to the Plans which (a) affect the structure of the Building or any other improvements; (b) affect any Building systems, including, without limitation, any utility lines, communications lines, equipment or facility in the Building serving any tenant other than Tenant; (c) exceed $25,000.00 individually; and/or (d) exceed $50,000.00 in the aggregate, and Tenant will not implement any such proposed change orders unless and until approved by Landlord in writing. Landlord shall either approve or deny any such changes (such which approval or denial shall not to be unreasonably withheld, conditioned or delayed) within ten (10) business days of Tenant’s request, provided however, that in the Contractor and all subcontractors event that will be performing any portion Landlord is required, in Landlord’s commercially reasonable discretion, to retain professionals to review the proposed change orders, Landlord shall have an additional ten (10) business day period to retain such professionals for the review of the Work. All contractors change orders, so long as Landlord is diligently proceeding with such review and provided that will be performing any portion Landlord has notified Tenant, within ten (10) business days after Tenant’s submittal, of the Work reason that Landlord requires the professional review. The failure of Landlord to respond within such ten (10) business day period (as the same may be extended for an additional ten (10) business days in accordance with the preceding sentence) shall be union contractorsdeemed non-approval, however, the failure of Landlord to respond within ten (10) business days after a second request by Tenant after the expiration of the first ten (10) business day period (as the same may be extended for an additional ten (10) business days in accordance with the preceding sentence) shall be deemed approval. Tenant will pay shall submit to Landlord copies of all direct and indirect costs other change orders with respect to the Plans not requiring Landlord approval as provided in this Sub-section (iv), prior to implementing any such proposed change orders. Upon completion of the design and construction of the Tenant Improvements (subject Tenant shall provide to the Landlord’s payment of the Improvement Allowance Landlord on CAD disk “as provided for herein). Such costs may include, without limitation, all costs of preparing the Space Plan, construction document preparation, design, Plans built” plans and Specifications, general conditions, labor, materials, and other construction costs, the fees (on an hourly basis) of Contractor’s project manager and site superintendent for specifications with respect to the Tenant Improvements.
(iv) Tenant shall deliver to Landlord copies of all certificates of occupancy, permits and all costs incurred licenses required to be issued by any governmental authorities in connection with obtaining permits for the Tenant Improvements. For all purposes of ownership, including risk of loss thereto, the Tenant Improvements will immediately upon installation be and remain a part of the Building and the property of Landlord, provided that as provided in Section 15 of this Lease, Landlord may require Tenant to remove same upon the expiration or earlier termination of the Lease Term. Tenant currently occupies the Premises under the Existing Sublease and Landlord permits Tenant to immediately commence construction of the Tenant Improvements from and after the Effective Date Fence.
(v) Subject to the satisfaction of this Lease [subject the conditions set forth above, Landlord shall pay to Tenant’s compliance with general contractor and professionals, in monthly progress payments, on or before the terms and conditions 30th day of the Existing Sublease month following receipt of the Payment Request (if then applicableas hereinafter defined), includingthe Tenant Improvement Allowance (as hereinafter defined), without limitationbased on the Progress Payment Affidavits prepared on AIA Form G701 submitted to Landlord along with accompanying original releases of lien from the general contractor and its subcontractors and suppliers, all of which have been approved by Tenant, Tenant’s receipt of approval from Tenant’s sublessor thereunder]. Tenant shall use its best efforts to complete the Tenant Improvements Architect and Landlord for payment on or before July 31, 2017. Notwithstanding the foregoing sentence to the contrary, as part 25th day of the Tenant Improvements, Tenant shall perform the work necessary to separately demise the Premises from the remaining portion of the sixth (6th) floor of the Building, including the installation of a demising wall each month (the “Demising WorkPayment Request”) on or before April 1, 2017. Tenant acknowledges that the tenant in the premises adjacent to the Premises will also be performing demising work. Tenant’s performance of the Demising Work shall be coordinated with Landlord and Tenant shall cooperate with Landlord and/or Landlord’s contractors in all ways to ensure the efficient and expeditious scheduling, staging and performance of the Demising Work. The Demising Work shall not adversely affect any construction work being performed by or for Landlord or its tenants and shall be performed in harmony with Landlord’s contractors and subcontractors and with other contractors and subcontractors in the Complex. Tenant shall impose on and enforce all applicable terms of this Tenant Improvements Agreement against Tenant’s contractors). Landlord shall have the right to order Tenant or any of Tenant’s contractors who violate the requirements imposed on Tenant or Tenant’s contractors in performing the Demising Work to cease performance ten (10) business days from receipt of the Demising Work Payment Request to review and approve or recommend adjustments to remove its equipment and employees from the Building. No such action by Landlord shall cause any extension of the Commencement Date nor relieve Tenant from any of its obligations under the Lease. Further, notwithstanding anything herein to the contrary, any delay in the completion of the Demising Work, same (which approval or any interference to Tenant’s business operations or inconvenience suffered by Tenant during the performance of any adjacent tenant’s demising work recommendations shall not subject be unreasonably withheld, conditioned or delayed). The failure of Landlord to any liability for any loss or damages resulting there from nor entitle Tenant to any credit, abatement or adjustment of Rent or other sum payable under respond within the Lease, as amended herebyten (10) business day period shall be deemed approval. During Tenant’s design, construction and installation of the Tenant Improvements, Tenant shall pay for all Building services and utilities, if and provide any other documentation that Landlord may reasonably require to substantiate the extent required, (i) in accordance with the Existing Sublease from the Effective Date through March 31, 2017, and (ii) in accordance with this Lease from and after April 1, 2017Payment Request.
Appears in 1 contract
Tenant Improvements. Tenant will cause to be constructed, at Tenant’s sole cost and expense (subject to Landlord’s payment of the Improvement Allowance), the Tenant Improvements. The Tenant Improvements will be designed and constructed as described in this Exhibit “D”. Tenant will select the Contractor to be the general contractor to perform the Work. Landlord shall have the right to approve (such approval not to be unreasonably withheld, conditioned or delayed) the Contractor and all subcontractors that will be performing any portion of the Work. All contractors that will be performing any portion of the Work shall be union contractors. Tenant will pay all direct and indirect costs of responsible for the design and construction of the Tenant Improvements Improvements. Tenant shall submit Plans to Landlord for Landlord's review within seventy five (subject 75) days after the later of (i) the approval of the Landlord Plans by all appropriate governmental agencies and issuance of the appropriate permits to perform Landlord's Work, and (b) the date Landlord acquires title to the Premises. The Plans shall be designed and detailed so that the Tenant Improvements will comply with Applicable Laws. Within ten (10) days after Landlord’s payment 's receipt of the Improvement Allowance as provided for herein)Plans, Landlord shall either approve such Plans (with Landlord's approval not to be unreasonably withheld) or disapprove the Plans. Such costs may include, without limitation, all costs Any disapproval shall include a detailed explanation of preparing the Space Plan, construction document preparation, design, Plans and Specifications, general conditions, labor, materials, and other construction costsrejected components of the Plans. If Landlord fails to respond in the established timeframe, the fees Plans shall be deemed to be approved by Landlord. If Landlord disapproves the Plans, Tenant shall submit a revised version of the Plans to Landlord for its review in the same manner described above. Tenant and Landlord shall continue such approval procedure until Landlord's approval of the Plans is obtained; provided, however, that if the Plans have not been approved (on an hourly basisor deemed approved) by Landlord within thirty (30) days following Tenant's initial delivery of Contractor’s project manager and site superintendent the Plans to Landlord, the three hundred sixty (360) day period set forth in Section 3.2 shall be extended by one day for each day beyond such thirty (30) day period that it takes for the Plans to be approved. Once the Plans have been approved (or deemed approved) by Landlord, Tenant Improvements, and all costs incurred in connection with obtaining shall submit the Plans to the appropriate governmental agency(ies) for the necessary permits for to construct the Tenant Improvements. For all purposes of ownership, including risk of loss thereto, Any nonmaterial change to the Tenant Improvements will immediately upon installation Plans required by a governmental agency shall be and remain a part of the Building and the property of deemed approved by Landlord, provided that as provided in Section 15 of this Lease, Landlord may require Tenant to remove same upon the expiration or earlier termination of the Lease Term. Tenant currently occupies shall submit any material changes to the Premises under Plans required by a governmental agency to Landlord for its review in the Existing Sublease manner described above, except that the timeframe in such event shall be five (5) days. Once the Plans are approved (or deemed approved) by Landlord and Landlord permits Tenant has obtained the necessary construction permits, Tenant shall retain a reputable contractor(s), of Tenant's choice, to immediately commence perform the construction of the Tenant Improvements from and after the Effective Date of this Lease [subject to Tenant’s compliance with the terms and conditions of the Existing Sublease (if then applicable), including, without limitation, Tenant’s receipt of approval from Tenant’s sublessor thereunder]Improvements. Tenant shall use its best efforts to complete the Tenant Improvements on or before July 31, 2017. Notwithstanding the foregoing sentence to the contrary, as part of the Tenant Improvements, Tenant shall perform the work necessary to separately demise the Premises from the remaining portion of the sixth (6th) floor of the Building, including the installation of a demising wall (the “Demising Work”) on or before April 1, 2017. Tenant acknowledges that the tenant in the premises adjacent to the Premises will also be performing demising work. Tenant’s performance of the Demising Work shall be coordinated with Landlord and Tenant shall cooperate with Landlord and/or Landlord’s contractors in all ways to ensure the efficient and expeditious scheduling, staging and performance of the Demising Work. The Demising Work shall not adversely affect any Such construction work being performed by or for Landlord or its tenants and shall be performed in harmony substantial compliance with the Landlord approved Plans, provided that during the construction process Tenant shall be permitted to make nonmaterial changes to the Plans without Landlord’s contractors and subcontractors and with other contractors and subcontractors 's consent which Tenant, in the Complexits reasonable judgment, deems necessary or desirable. Tenant shall impose submit any proposed material changes to Landlord for its review in the manner described above, except that the timeframe on and enforce all applicable terms of this such event shall be five (5) days. Tenant Improvements Agreement against Tenant’s contractors. Landlord shall have the right to order Tenant or any of Tenant’s contractors who violate the requirements imposed on Tenant or Tenant’s contractors Improvements constructed in performing the Demising Work to cease performance of the Demising Work and to remove its equipment and employees from the Building. No such action by Landlord shall cause any extension of the Commencement Date nor relieve Tenant from any of its obligations under the Lease. Furthera professional, notwithstanding anything herein to the contrary, any delay in the completion of the Demising Work, or any interference to Tenant’s business operations or inconvenience suffered by Tenant during the performance of any adjacent tenant’s demising work shall not subject Landlord to any liability for any loss or damages resulting there from nor entitle Tenant to any credit, abatement or adjustment of Rent or other sum payable under the Lease, as amended hereby. During Tenant’s design, construction and installation of the Tenant Improvements, Tenant shall pay for all Building services and utilities, if and to the extent required, (i) in accordance with the Existing Sublease from the Effective Date through March 31, 2017, and (ii) in accordance with this Lease from and after April 1, 2017workmanlike mariner.
Appears in 1 contract
Samples: Lease Agreement (BRIX REIT, Inc.)
Tenant Improvements. (a) Landlord shall provide to Tenant will cause an allowance of up to $25.00 per rentable square foot of the Premises (i.e., up to $191,875.00, based on the Premises consisting of approximately 7,675 rentable square feet, hereinafter referred to as the “Allowance”) to be constructed, at Tenant’s sole cost used by Tenant to design and expense complete interior improvements to refurbish the Premises (the “Tenant Improvements”) in accordance with and subject to Landlord’s payment of the Improvement Allowance), the Tenant Improvements. The Tenant Improvements will be designed and constructed as described in this Exhibit “D”. Tenant will select the Contractor to be the general contractor to perform the Work. Landlord shall have the right to approve (such approval not to be unreasonably withheld, conditioned or delayed) the Contractor and all subcontractors that will be performing any portion of the Work. All contractors that will be performing any portion of the Work shall be union contractors. Tenant will pay all direct and indirect costs of the design and construction of the Tenant Improvements (subject to the Landlord’s payment of the Improvement Allowance as provided for herein). Such costs may include, without limitation, all costs of preparing the Space Plan, construction document preparation, design, Plans and Specifications, general conditions, labor, materials, and other construction costs, the fees (on an hourly basis) of Contractor’s project manager and site superintendent for the Tenant Improvements, and all costs incurred in connection with obtaining permits for the Tenant Improvements. For all purposes of ownership, including risk of loss thereto, the Tenant Improvements will immediately upon installation be and remain a part of the Building and the property of Landlord, provided that as provided in Section 15 of this Lease, Landlord may require Tenant to remove same upon the expiration or earlier termination of the Lease Term. Tenant currently occupies the Premises under the Existing Sublease and Landlord permits Tenant to immediately commence construction of the Tenant Improvements from and after the Effective Date of this Lease [subject to Tenant’s compliance with the terms and conditions of Section 8 of the Existing Sublease (if then applicable)Lease with respect to Alterations, including, without limitation, Tenantthe requirement that Tenant obtain Landlord’s prior written approval for the Tenant Improvements; provided, however, Tenant need not obtain Landlord’s approval for any portion of the Tenant Improvements which satisfies the conditions set forth in the last sentence of Section 8.1 of the Lease. Landlord shall reimburse the Allowance after the completion of the Tenant Improvements and within thirty (30) days after Landlord’s receipt of approval (i) paid invoices from Tenantall of the contractors and/or subcontractors (“Tenant Contractors”) for labor rendered and materials delivered to the Premises, (ii) executed unconditional mechanic’s sublessor thereunder]lien releases from all of the Tenant Contractors to whom payment is included in the Allowance, and (iii) all other information reasonably requested by Landlord.
(b) The Allowance is applicable only to the Tenant Improvements, and shall not be used for any other purpose, such as, but not limited to, the purchase or installation of furniture, trade fixtures, or personal property. If all or any portion of the Allowance shall not be used by December 31, 2022 (“Outside Date”), Landlord shall be entitled to the savings and Tenant shall use its best efforts to complete the Tenant Improvements on or before July 31, 2017receive no credit therefor. Notwithstanding the foregoing sentence anything in this Amendment to the contrary, as part of the Tenant Improvements, Tenant Landlord shall perform the work necessary not be obligated to separately demise the Premises from the remaining disburse any portion of the sixth Allowance during the continuance of an uncured default under the Amended Lease.
(6thc) floor of Notwithstanding the Buildingforegoing, including the installation of a demising wall (the “Demising Work”) on or before April 1, 2017. Tenant acknowledges that the tenant in the premises adjacent to the Premises will also be performing demising work. Tenant’s performance of the Demising Work shall be coordinated with Landlord and Tenant shall cooperate with Landlord and/or Landlord’s contractors in all ways to ensure the efficient and expeditious scheduling, staging and performance of the Demising Work. The Demising Work shall not adversely affect any construction work being performed by or for Landlord or its tenants and shall be performed in harmony with Landlord’s contractors and subcontractors and with other contractors and subcontractors in the Complex. Tenant shall impose on and enforce all applicable terms of this Tenant Improvements Agreement against Tenant’s contractors. Landlord shall have the right to order Tenant or any of Tenant’s contractors who violate the requirements imposed on Tenant or Tenant’s contractors in performing the Demising Work to cease performance apply an unused portion of the Demising Work and Allowance in the amount of up to remove its equipment and employees from the Building. No such action by Landlord shall cause any extension $16.00 per rentable square foot of the Commencement Date nor relieve Tenant from any Premises (i.e., up to $122,800.00, based on the Premises consisting of its obligations approximately 7,675 rentable square feet) as a credit against Base Rent next coming due under the Amended Lease. Further, notwithstanding anything herein provided that Tenant submits to Landlord written notice of such election and designates a credit against Base Rent to be applied prior to the contrary, any delay in the completion of the Demising Work, or any interference to Tenant’s business operations or inconvenience suffered by Tenant during the performance of any adjacent tenant’s demising work shall not subject Landlord to any liability for any loss or damages resulting there from nor entitle Tenant to any credit, abatement or adjustment of Rent or other sum payable under the Lease, as amended hereby. During Tenant’s design, construction and installation of the Tenant Improvements, Tenant shall pay for all Building services and utilities, if and to the extent required, (i) in accordance with the Existing Sublease from the Effective Date through March 31, 2017, and (ii) in accordance with this Lease from and after April 1, 2017Outside Date.
Appears in 1 contract
Tenant Improvements. Tenant will cause to be constructed6.1 Except as expressly provided herein, at Tenant’s sole cost and expense (subject to Landlord’s payment of the Improvement Allowance), the Tenant Improvements. The Tenant Improvements will be designed and constructed as described in this Exhibit “D”. Tenant will select the Contractor to be the general contractor to perform the Work. Landlord shall have the right to approve (such approval not to be unreasonably withheld, conditioned or delayed) the Contractor and all subcontractors that will be performing any portion of the Work. All contractors that will be performing any portion of the Work shall be union contractors. Tenant will pay all direct and indirect costs of the design and construction of the Tenant Improvements (subject to the Landlord’s payment of the Improvement Allowance as provided for herein). Such costs may include, without limitation, all costs of preparing the Space Plan, construction document preparation, design, Plans and Specifications, general conditions, labor, materials, and other construction costs, the fees (on an hourly basis) of Contractor’s project manager and site superintendent for the Tenant Improvements, and all costs incurred in connection with obtaining permits for the Tenant Improvements. For all purposes of ownership, including risk of loss thereto, the Tenant Improvements will immediately upon installation be and remain a part of the Building and the property of Landlord, provided that as provided in Section 15 of this Lease, Landlord may require Tenant to remove same upon the expiration or earlier termination of the Lease Term. Tenant currently occupies the Premises under the Existing Sublease and Landlord permits Tenant to immediately commence construction of the Tenant Improvements from and after the Effective Date of this Lease [subject to Tenant’s compliance with the terms and conditions of the Existing Sublease (if then applicable), including, without limitation, Tenant’s receipt of approval from Tenant’s sublessor thereunder]. Tenant shall use its best efforts to complete the Tenant Improvements on or before July 31, 2017. Notwithstanding the foregoing sentence to the contrary, as part of the Tenant Improvements, Tenant shall perform the work necessary to separately demise the Premises from the remaining portion of the sixth (6th) floor of the Building, including the installation of a demising wall (the “Demising Work”) on or before April 1, 2017. Tenant acknowledges that the tenant in the premises adjacent improvements to the Premises will also be performing demising work. Tenant’s performance of the Demising Work shall be coordinated with Landlord and Tenant shall cooperate with Landlord and/or Landlord’s contractors in all ways to ensure the efficient and expeditious scheduling, staging and performance of the Demising Work. The Demising Work shall not adversely affect any construction work being performed constructed by or for Landlord or its tenants and shall be performed in harmony with Landlord’s contractors and subcontractors and with other contractors and subcontractors in the Complex. Tenant shall impose on and enforce all applicable terms of this Tenant Improvements Agreement against Tenant’s contractors. Landlord shall have the right to order Tenant or any of Tenant’s contractors who violate the requirements imposed on Tenant or Tenant’s contractors in performing the Demising Work to cease performance of the Demising Work and to remove its equipment and employees from the Building. No such action by Landlord shall cause any extension of the Commencement Date nor relieve Tenant from any of its obligations under the Lease. Further, notwithstanding anything herein to the contrary, any delay in the completion of the Demising Work, or any interference to Tenant’s business operations or inconvenience suffered by Tenant during the performance of any adjacent tenant’s demising work shall not subject Landlord to any liability for any loss or damages resulting there from nor entitle Tenant to any credit, abatement or adjustment of Rent or other sum payable under the Lease, as amended hereby. During Tenant’s design, construction and installation of the Tenant Improvements, Tenant shall pay for all Building services and utilities, if and to the extent required, (i) Sublessee in accordance with the Existing Sublease from terms of Exhibit 8 to the Effective Date through March 31Lease (the "Tenant Improvement Agreement"). Sublessee shall submit to Landlord complete, 2017finished drawings and specifications (the "Plans") for the tenant improvements to be constructed by Sublessee (the "Tenant Improvements") together with a proposed schedule for completion. The Plans shall reflect and be in accordance with (i) a space plan approved by Landlord, and (ii) that certain list of Landlord's Required Specifications attached as Appendix 1 of the Tenant Improvement Agreement. Sublessee intends to submit a space plan depicting tenant improvements to the Premises substantially as shown and/or described on Exhibit B to this Sublease. Notwithstanding anything set forth herein, provided that Landlord approves the Plans, the Final Plans, Sublessee's architect, engineers and contractors, Sublessee's insurance and payment and performance bonds, and Tenant's Work, Sublessee will indemnify Sublessor and hold Sublessor harmless from and against all liability, costs, damages, claims, demands and expenses, including reasonable attorney's fees and costs, arising out of or in any way connected with the immediately preceding Sublease provision and the Tenant Improvement Agreement. So long as Landlord approves any disbursements of the Tenant Improvement Allowance, Sublessor shall deem all conditions to such disbursements to have been satisfied.
6.2 No construction management fee shall be payable to Sublessor, nor shall any fees be payable to Sublessor's architects, engineers or consultants in connection with the Tenant Improvements.
6.3 Landlord shall provide Sublessee with an allowance of up to One Million Four Hundred Sixty Seven Thousand Dollars ($1,467,000.00) to be applied to the Tenant Improvement Costs (the "Tenant Improvement Allowance"). Sublessee shall NOT have the right to utilize the Additional Tenant Improvement Allowance as described in paragraph 9 of the Tenant Improvements Agreement. The Tenant Improvement Allowance shall be paid to Sublessee as provided in the Tenant Improvements Agreement. Upon Sublessor's receipt of written notice from 35 Sublessee that the Tenant Improvements have been completed in accordance with this Lease from and after April 1the requirements of the Tenant Improvements Agreement, 2017Sublessor shall submit to Landlord a written request that reimbursement of the Tenant Improvement Costs, up to an amount equal to the Tenant Improvement Allowance, be paid directly to Sublessee upon Sublessee's satisfaction of the requirements set forth in paragraph 9 of the Tenant Improvements Agreement (as modified, if applicable, by the terms of Landlord's consent).
Appears in 1 contract
Samples: Lease (Accelgraphics Inc)
Tenant Improvements. The tenant improvement work (“Tenant will cause to be constructed, at Tenant’s sole cost and expense (subject to Landlord’s payment Improvements” or the “Tenant Improvement Work”) shall consist of the Improvement Allowancework required to complete certain improvements to the Laguna Canyon Premises pursuant to approved “Working Drawings and Specifications” (as defined below). Tenant shall employ a licensed architect reasonably acceptable to Landlord (the “Architect”) for preparation of the “Preliminary Plan” and “Working Drawings and Specifications” (as hereinafter defined), and shall cause the Architect to inspect the Laguna Canyon Premises to become acquainted with all existing conditions. Tenant shall contract with the “TI Contractor” (as defined below) to construct the Tenant Improvements. The Tenant Improvement Work shall be undertaken and prosecuted in accordance with the following requirements:
A. Tenant shall submit the following to Landlord: (i) a preliminary pricing plan for the Tenant Improvements will be designed prepared by the Architect, which shall include interior partitions, ceilings, interior finishes, interior doors, suite entrance, floor coverings, window coverings, lighting, electrical and constructed as described telephone outlets, plumbing connections, heavy floor loads and other special requirements (“Preliminary Plan”), (ii) working drawings and specifications prepared by the Architect based on the approved Preliminary Plan (the “Working Drawings and Specifications”), and (iii) any change proposed by Tenant to the approved Working Drawings and Specifications (“Change”). Within 5 business days following its submission to Landlord, Landlord shall approve (by signing a copy thereof) or shall disapprove the Preliminary Plan and/or any Change, and within 10 business days following its submission to Landlord, Landlord shall approve or shall disapprove the Working Drawings and Specifications. If Landlord disapproves the Preliminary Plan, Working Drawings and Specifications or Change, Landlord shall specify in this Exhibit “D”detail the reasons for disapproval and Tenant shall cause the Architect to modify the Preliminary Plan, Working Drawings and Specifications or Change to incorporate Landlord’s suggested revisions in a mutually satisfactory manner. Tenant agrees and acknowledges that Landlord will select not check the Contractor Preliminary Plan, the Working Drawings and Specifications and/or any Change for building code compliance (or other federal, state or local law, ordinance or regulations compliance), and that Tenant and its Architect shall be solely responsible for such matters. Notwithstanding the foregoing, but subject to Section I.O below, Landlord may only provide its disapproval of the Working Drawings and Specifications or a Change in the event such submittal: (i) shall not comply with applicable law or building code, (ii) adversely affects the Building or Project systems or structural components, (iii) adversely affects other tenants in the Project, or (iv) affects the exterior of the Building in any manner.
B. The Tenant Improvements shall only include actual improvements to the Laguna Canyon Premises approved by Landlord as provided above, and shall exclude (but not by way of limitation) Tenant’s furniture, trade fixtures, partitions, equipment and signage improvements, if any. Further, to the extent applicable, the Tenant Improvements shall incorporate Landlord’s building standard materials and specifications for the Project as set forth in Schedule I (“Standard Improvements”); provided, however, the Tenant Improvements shall include materials, finishes and specifications set forth in the Preliminary Plan, even if the same is of higher quality than the Standard Improvements (the “Approved Improvements”). Notwithstanding the foregoing, no deviations from the Standard Improvements may be required by Tenant with respect to doors and frames, finish hardware, entry graphics, the general contractor to perform ceiling system, light fixtures and controls, mechanical systems, fire life and safety systems and/or window coverings; provided that Landlord may, authorize in writing one or more of such deviations, in which event Tenant shall be solely responsible for the Workcost of replacing same with the applicable Standard Improvements upon the expiration or termination of this Lease. Landlord shall have All other deviations from the right to approve Standard Improvements or the Approved Improvements (such deviations referred to herein as the “Non-Standard Improvements”) shall be subject to the prior approval of Landlord, which approval shall not to be unreasonably withheld, conditioned provided, however that Landlord shall in no event be required to approve any Non-Standard Improvement if Landlord determines that such Non-Standard Improvements (i) are of a lesser quality than the corresponding Standard Improvements or delayedApproved Improvements, (ii) fails to conform to applicable governmental requirements, (iii) requires building services beyond the Contractor and all subcontractors that will be performing level Landlord has agreed to provide Tenant under this Lease, (iv) interferes in any portion manner with the proper functioning of, or Landlord’s access to, any mechanical, electrical, plumbing or HVAC systems, facilities or equipment in or serving the Building, or (v) would have an adverse aesthetic impact to the Laguna Canyon Premises or would cause material additional expenses to Landlord in reletting the Laguna Canyon Premises.
C. Tenant shall contract with a licensed general contractor reasonably approved by Landlord (the “TI Contractor”) for construction of the WorkTenant Improvements. All contractors The TI Contractor shall solicit bids from at least 3 subcontractors (reasonably acceptable to Landlord) for each major subtrade, provided that will be performing any portion of the Work drywall and acoustical subcontractors shall be union contractors. If required by Landlord, Tenant will pay all direct shall use the electrical, mechanical, plumbing and indirect costs fire/life safety engineers reasonably acceptable to Landlord; if Tenant elects to use contractors other than Landlord’s designated electrical, mechanical, plumbing and fire/life safety engineers, and if such election is approved by Landlord, Landlord shall be entitled to have its designated contractors perform a “peer review” of such contractors work, and the reasonable cost thereof shall be borne solely by Tenant, but may be paid for by Tenant using any unused portion of the design and Landlord’s Contribution. Following the competitive bidding of the major subtrade work, Tenant shall enter into a construction contract (the “TI Contract”) with the TI Contractor for construction of the Tenant Improvements (subject to the Improvements. If requested by Landlord’s payment , Tenant shall deliver copy of the Improvement Allowance as provided for herein)TI Contract to Landlord. Such costs may include, without limitation, all costs of preparing the Space Plan, construction document preparation, design, Plans and Specifications, general conditions, labor, materials, and other construction costs, the fees (on an hourly basis) of Contractor’s project manager and site superintendent for the Tenant Improvements, and all costs incurred in connection with obtaining permits for the Tenant Improvements. For all purposes of ownership, including risk of loss thereto, shall cause the Tenant Improvements will immediately upon installation to be constructed in a good and remain a part of the Building and the property of Landlord, provided that as provided in Section 15 of this Lease, Landlord may require Tenant to remove same upon the expiration or earlier termination of the Lease Term. Tenant currently occupies the Premises under the Existing Sublease and Landlord permits Tenant to immediately commence construction of the Tenant Improvements from and after the Effective Date of this Lease [subject to Tenant’s compliance with the terms and conditions of the Existing Sublease (if then applicable), including, without limitation, Tenant’s receipt of approval from Tenant’s sublessor thereunder]. Tenant shall use its best efforts to complete the Tenant Improvements on or before July 31, 2017. Notwithstanding the foregoing sentence to the contrary, as part of the Tenant Improvements, Tenant shall perform the work necessary to separately demise the Premises from the remaining portion of the sixth (6th) floor of the Building, including the installation of a demising wall (the “Demising Work”) on or before April 1, 2017. Tenant acknowledges that the tenant in the premises adjacent to the Premises will also be performing demising work. Tenant’s performance of the Demising Work shall be coordinated with Landlord and Tenant shall cooperate with Landlord and/or Landlord’s contractors in all ways to ensure the efficient and expeditious scheduling, staging and performance of the Demising Work. The Demising Work shall not adversely affect any construction work being performed by or for Landlord or its tenants and shall be performed in harmony with Landlord’s contractors and subcontractors and with other contractors and subcontractors in the Complex. Tenant shall impose on and enforce all applicable terms of this Tenant Improvements Agreement against Tenant’s contractors. Landlord shall have the right to order Tenant or any of Tenant’s contractors who violate the requirements imposed on Tenant or Tenant’s contractors in performing the Demising Work to cease performance of the Demising Work and to remove its equipment and employees from the Building. No such action by Landlord shall cause any extension of the Commencement Date nor relieve Tenant from any of its obligations under the Lease. Further, notwithstanding anything herein to the contrary, any delay in the completion of the Demising Work, or any interference to Tenant’s business operations or inconvenience suffered by Tenant during the performance of any adjacent tenant’s demising work shall not subject Landlord to any liability for any loss or damages resulting there from nor entitle Tenant to any credit, abatement or adjustment of Rent or other sum payable under the Lease, as amended hereby. During Tenant’s design, construction and installation of the Tenant Improvements, Tenant shall pay for all Building services and utilities, if and to the extent required, (i) workmanlike manner in accordance with the Existing Sublease from the Effective Date through March 31, 2017, approved Working Drawings and (ii) in accordance with this Lease from and after April 1, 2017Specifications.
Appears in 1 contract
Samples: Lease (Masimo Corp)
Tenant Improvements. The Tenant will Improvements in the New First Floor Contiguous Space shall be completed pursuant to final, approved construction documents, based on the preliminary specifications and plans attached to the proposal request dated September 30, 2002, delivered by Tenant to Landlord on said date. Within five (5) business days after the date of this Amendment Landlord shall submit a Project Schedule to Tenant for Tenant’s approval, based on such preliminary specifications and plans. Landlord and Tenant shall diligently work together in good faith to agree on a Project Schedule and to finalize the specifications and plans for the New First Floor Contiguous Space Tenant Improvements (such final specifications and plans are hereinafter referred to as the “Final Plans”). Landlord shall construct or cause to be constructed, at Tenant’s sole cost and expense (subject to Landlord’s payment of constructed the Improvement Allowance), the New First Floor Contiguous Space Tenant Improvements. The Tenant Improvements will be designed and constructed as described in this Exhibit “D”. Tenant will select Section 2 (with the Contractor to be the general contractor to perform the Work. Landlord shall have the right to approve (such approval not to be unreasonably withheld, conditioned or delayed) the Contractor and all subcontractors that will be performing any portion exception of the Work. All requirement in Section 2(c) that Landlord seek competitive bids from not less than three general contractors that will be performing any portion and the second sentence of Section 2(b) and Sections 3(b) and 3(c) of the Work Letter are incorporated herein by reference and shall be union contractors. Tenant will pay all direct and indirect costs of the design and construction of the Tenant Improvements (subject control with respect to the Landlord’s payment of the Improvement Allowance as provided for herein). Such costs may include, without limitation, all costs of preparing the New First Floor Contiguous Space Plan, construction document preparation, design, Plans and Specifications, general conditions, labor, materials, and other construction costs, the fees (on an hourly basis) of Contractor’s project manager and site superintendent for the Tenant Improvements, and all costs incurred in connection with obtaining permits for the Tenant Improvements. For all purposes of ownership, including risk of loss thereto, the Tenant Improvements will immediately upon installation be and remain a part of the Building and the property of Landlord, provided that as provided in Section 15 of this Lease, Landlord may require Tenant to remove same upon the expiration or earlier termination of the Lease Term. Tenant currently occupies the Premises under the Existing Sublease and Landlord permits Tenant to immediately commence construction of the Tenant Improvements from and after the Effective Date of this Lease [subject to Tenant’s compliance with the terms and conditions of the Existing Sublease (if then applicable), including, without limitation, (i) the determination of the costs of the New First Floor Contiguous Space Tenant Improvements and the application thereto of the New First Floor Contiguous Space Improvement Allowance; (ii) the performance of the construction of such Tenant Improvements by Landlord; and (iii) Tenant’s receipt acceptance of approval from such Tenant Improvements. Landlord shall enter into a cost-plus a fixed fee and guaranteed maximum price contract with Golden Triangle Construction (“GTC”), subject to Tenant’s sublessor thereunder]written approval (the “GTC Contract”). Tenant Such contract shall use its best efforts obligate GTC to complete obtain competitive bids for the Tenant Improvements on or before July 31, 2017. Notwithstanding the foregoing sentence to the contrary, as part construction of the New First Floor Contiguous Space Tenant Improvements, with final bids for all aspects of such Tenant Improvements to be approved by Tenant’s project manager prior to acceptance by GTC. Landlord, GTC nor any subcontractor shall perform make any changes to the work necessary scope and/or cost of such Tenant Improvement work, as set forth in any such accepted bids or the GTC Contract, without Tenant’s prior written approval. In addition to separately demise such Work Letter provisions, Tenant may apply the Premises from New First Floor Contiguous Space Improvement Allowance to all costs and expenses incurred by Tenant in connection with the remaining portion preparation of the sixth (6th) floor of preliminary specifications and plans and the Building, including the installation of a demising wall (the “Demising Work”) on or before April 1, 2017. Tenant acknowledges that the tenant in the premises adjacent to the Premises will also be performing demising workFinal Plans. Tenant’s performance of the Demising Work Project Manager shall be coordinated with Landlord and Tenant shall cooperate with Landlord and/or Landlord’s contractors in all ways to ensure the efficient and expeditious scheduling, staging and performance of the Demising Work. The Demising Work shall not adversely affect any construction work being performed by or for Landlord or its tenants and shall be performed in harmony with Landlord’s contractors and subcontractors and with other contractors and subcontractors in the ComplexXxxxxx Xxxxxx. Tenant shall impose on and enforce all applicable terms of this Tenant Improvements Agreement against Tenant’s contractors. Landlord shall have the right may designate a new Project Manager upon written notice to order Tenant or any of Tenant’s contractors who violate the requirements imposed on Tenant or Tenant’s contractors in performing the Demising Work to cease performance of the Demising Work and to remove its equipment and employees from the Building. No such action by Landlord shall cause any extension of the Commencement Date nor relieve Tenant from any of its obligations under the Lease. Further, notwithstanding anything herein to the contrary, any delay in the completion of the Demising Work, or any interference to Tenant’s business operations or inconvenience suffered by Tenant during the performance of any adjacent tenant’s demising work shall not subject Landlord to any liability for any loss or damages resulting there from nor entitle Tenant to any credit, abatement or adjustment of Rent or other sum payable under the Lease, as amended hereby. During Tenant’s design, construction and installation of the Tenant Improvements, Tenant shall pay for all Building services and utilities, if and to the extent required, (i) in accordance with the Existing Sublease from the Effective Date through March 31, 2017, and (ii) in accordance with this Lease from and after April 1, 2017Landlord.
Appears in 1 contract
Tenant Improvements. a. Tenant will cause is leasing the Premises “as is”, and Tenant acknowledges that Tenant has been given an adequate opportunity to inspect the same. Landlord shall deliver the Premises in broom clean condition, free of debris, and with all plumbing, mechanical, and electrical systems in working order. Tenant’s acceptance of possession of the Premises shall be conclusively deemed to be constructeda complete and unconditional acknowledgement by Tenant that Landlord has fully and satisfactorily complied with Landlord’s obligations.
b. If during the term of the Lease, at Tenant desires to make any alterations or improvements to the Premises, then Tenant shall comply with all of the following requirements:
i. Prior to Tenant performing any work on the Premises, Tenant shall provide Landlord with a set of plans showing the intended improvements in such detail as Landlord may require. Landlord shall approve or disapprove such plans in its sole discretion, within thirty (30) days after receipt by giving written notice to Tenant’s sole cost , and expense (as a condition of granting consent, may require Tenant to subsequently restore the Premises to their original condition. If Landlord disapprove the plans, then Tenant shall make no alterations or improvements to the Premises. No changes shall be made to any final approved plans unless required by governmental agencies or approved by Landlord.
ii. The contractor selected by Tenant for performance of any work on the Premises shall be subject to Landlord’s prior written approval, which approval shall not be unreasonably withheld. All contractors, subcontractors and other persons engaged in connection with such work shall be engaged directly by Tenant, and Landlord shall have no liability for any payment to such persons.
iii. Prior to the commencement of any work hereunder, Tenant shall give Landlord ten (10) days prior notice to allow Landlord to post a notice of non-responsibility at the Premises. Prior to commencement of any work, Tenant shall provide Landlord with certificates of insurance form a company reasonably acceptable to Landlord as to Tenant’s contractor, for course of construction insurance, workers compensation insurance in form and amount as required by law, and for combined single limit bodily injury and property, damage insurance covering comprehensive general liability and automobile liability, deleting exclusions for products and completed operations, in an amount not less than Two Million Dollars ($2,000,000.00) per occurrence, and endorsed to show Landlord as an additional insured and to show a waiver of subrogation by the insurer to any claims that Tenant’s contractor may have against Landlord.
iv. All work undertaken by Tenant shall be performed (i) with all required governmental permits and approvals, and all such work shall be done subject to and in accordance with the requirements of law and local regulations and in a good and workmanlike manner in accordance with accepted building practices and so as not to weaken or impair the Premises or lessen the value of the Improvement Allowance), the Tenant Improvements. The Tenant Improvements will be designed and constructed as described in this Exhibit “D”Premises. Tenant will select the Contractor to shall be the general solely responsible for supervising its contractor to perform ensure the Workquality of Tenant’s work. Landlord shall have the right to approve (such approval not to be unreasonably withheld, conditioned or delayed) the Contractor and all subcontractors that will be performing no responsibility for furnishing any portion of the Work. All contractors that will be performing any portion of the Work shall be union contractors. Tenant will pay all direct and indirect costs of the design and construction of the Tenant Improvements (subject security services to the Landlord’s payment of the Improvement Allowance as provided for herein). Such costs may includePremises to safeguard Tenants construction or materials.
v. Landlord may, without limitationat its option, all costs of preparing the Space Plan, construction document preparation, design, Plans and Specifications, general conditions, labor, materials, and other construction costs, the fees (on an hourly basis) of Contractor’s project manager and site superintendent for the Tenant Improvements, and all costs incurred in connection with obtaining permits for the Tenant Improvements. For all purposes of ownership, including risk of loss thereto, the Tenant Improvements will immediately upon installation be and remain a part of the Building and the property of Landlord, provided that as provided in Section 15 of this Lease, Landlord may require Tenant to remove same upon deposit the expiration or earlier termination cost of the Lease Term. Tenant currently occupies the Premises under the Existing Sublease and such improvements with Landlord permits Tenant to immediately commence construction in advance of the Tenant Improvements from and after the Effective Date commencement of this Lease [subject construction, which cost Landlord will disburse to Tenant’s compliance with the terms and conditions of the Existing Sublease (if then applicable), including, without limitation, Tenant’s receipt of approval from Tenant’s sublessor thereunder]. Tenant shall use its best efforts to complete the Tenant Improvements on or before July 31, 2017. Notwithstanding the foregoing sentence to the contrary, as part of the Tenant Improvements, Tenant shall perform the work necessary to separately demise the Premises from the remaining portion of the sixth (6th) floor of the Building, including the installation of a demising wall (the “Demising Work”) on or before April 1, 2017. Tenant acknowledges that the tenant in the premises adjacent to the Premises will also be performing demising work. Tenant’s performance of the Demising Work shall be coordinated with Landlord and Tenant shall cooperate with Landlord and/or Landlord’s contractors in all ways to ensure the efficient and expeditious scheduling, staging and performance of the Demising Work. The Demising Work shall not adversely affect any construction work being performed by or for Landlord or its tenants and shall be performed in harmony with Landlord’s contractors and subcontractors and with other contractors and subcontractors in the Complex. Tenant shall impose on and enforce all applicable terms of this Tenant Improvements Agreement against Tenant’s contractors. Landlord shall have the right to order Tenant or any of Tenant’s contractors who violate the requirements imposed on Tenant or Tenant’s contractors in performing the Demising Work to cease performance of the Demising Work and to remove its equipment and employees from the Building. No such action by Landlord shall cause any extension of the Commencement Date nor relieve Tenant from any of its obligations under the Lease. Further, notwithstanding anything herein to the contrary, any delay in the contractor upon completion of the Demising Work, work at contractually required stages or any interference to Tenant’s business operations or inconvenience suffered by Tenant during the performance posting of any adjacent tenant’s demising a payment bond which insures that the work shall not subject Landlord to any liability for any loss or damages resulting there from nor entitle Tenant to any credit, abatement or adjustment of Rent or other sum payable under the Lease, as amended hereby. During Tenant’s design, construction and installation of the Tenant Improvements, Tenant shall pay for all Building services and utilities, if and to the extent required, (i) in accordance with the Existing Sublease from the Effective Date through March 31, 2017, and (ii) in accordance with this Lease from and after April 1, 2017will be paid for.
Appears in 1 contract
Samples: Lease (Volta Inc.)
Tenant Improvements. Tenant will cause Lessor is providing the existing base building and a tenant improvement allowance of approximately $990,000.00 (to be constructedadjusted to equal $16.50 per rentable square foot determined for the Premises, at Tenant’s sole cost and expense (subject to Landlord’s payment of the Improvement Allowance)as adjusted, the "ITT Allowance") for the tenant improvements to be constructed by Lessor at the Premises, which tenant improvements are depicted on the space plan described on the outline specifications attached hereto and incorporated herein as Exhibit D (the "Tenant Improvements"). The Tenant Improvements will be designed installed by Lessor and constructed as described paid for by Lessee subject to Lessor providing an allowance in this Exhibit “D”the aforesaid amount. In the event Lessee desires and Lessor approves any tenant improvements in addition to the Tenant will select the Contractor Improvements, then, at Lessee's election (to be determined within five (5) days of Lessor's demand thereof) either:
(i) Lessee shall pay Lessor therefor in cash upon substantial completion thereof; or (ii) the general contractor Base Rent otherwise payable annually by Lessee shall be increased by $120.00 for each $1,000.00 incremental increase in the cost of Tenant Improvements. Option (ii), above, shall only be allowed in regard to perform the Workfirst (approximately) $180,000.00 (to be adjusted to equal $3.00 per rentable square foot determined for the Premises) in Tenant Improvement costs after the amount of the TI Allowance. Landlord Lessee shall have the right responsibility to approve (such approval not select a layout and to be unreasonably withheldreach agreement with Lessor as to quality and type on or before September 15, conditioned or delayed) 1996. Anything herein to the Contractor and all subcontractors that will be performing any portion of the Work. All contractors that will be performing any portion of the Work contrary notwithstanding, Lessee shall be union contractorsresponsible for all of Lessor's increased costs or damages (including lost rent) arising out of any failure of Lessee to select its layout and reach agreement with Lessor as above required on or before September 15, 1996. Lessor shall be entitled to include as a Tenant will pay all direct Improvement cost a general contractor's fee, contingency and indirect costs of the design and construction of the Tenant Improvements (subject general conditions amounts as reasonably charged for comparable projects. On or before September 15, 1996. Lessee shall have approved a space plan acceptable to the Landlord’s payment of the Improvement Allowance as provided for herein). Such costs may include, without limitation, all costs of preparing the Space Plan, construction document preparation, design, Plans and Specifications, general conditions, labor, materials, and other construction costs, the fees (on an hourly basis) of Contractor’s project manager and site superintendent Lessor for the Tenant Improvements, which space plan shall have received final approval of Lessee, shall be adequate for preparation by Lessor of working drawings for construction of such Tenant Improvements, shall show in reasonable detail the design and all appearance of the tenant finishing materials to be used in the construction thereof (and such other detail or description as may be necessary to adequately outline the scope of the Tenant Improvements) and shall be in substantial conformance with the Project Specification, attached as Exhibit E. Lessee shall be responsible for Lessor's costs incurred (including lost rent) arising out of delays in completing the Tenant Improvements caused by Lessee, whether by Lessee's failure to approve the aforesaid space plan on or before September 15, 1996 or to respond to within a reasonable time to Lessor's inquiries or requests in connection with obtaining permits for the Tenant Improvements or otherwise. Lessee also agrees to refrain from ordering long lead time items which would delay substantial completion of the Tenant Improvements. For all purposes of ownership, including risk of loss thereto, Lessor agrees to cause the Tenant Improvements will immediately upon installation to be and remain a part of the Building and the property of Landlord, provided that as provided in Section 15 of this Lease, Landlord may require Tenant to remove same upon the expiration or earlier termination of the Lease Term. Tenant currently occupies the Premises under the Existing Sublease and Landlord permits Tenant to immediately commence construction of the Tenant Improvements from and after the Effective Date of this Lease [subject to Tenant’s compliance with the terms and conditions of the Existing Sublease (if then applicable), including, without limitation, Tenant’s receipt of approval from Tenant’s sublessor thereunder]. Tenant shall use its best efforts to complete the Tenant Improvements on or before July 31, 2017. Notwithstanding the foregoing sentence to the contrary, as part of the Tenant Improvements, Tenant shall perform the work necessary to separately demise the Premises from the remaining portion of the sixth (6th) floor of the Building, including the installation of a demising wall (the “Demising Work”) on or before April 1, 2017. Tenant acknowledges that the tenant in the premises adjacent to the Premises will also be performing demising work. Tenant’s performance of the Demising Work shall be coordinated with Landlord and Tenant shall cooperate with Landlord and/or Landlord’s contractors in all ways to ensure the efficient and expeditious scheduling, staging and performance of the Demising Work. The Demising Work shall not adversely affect any construction work being performed by or for Landlord or its tenants and shall be performed in harmony with Landlord’s contractors and subcontractors and with other contractors and subcontractors in the Complex. Tenant shall impose on and enforce all applicable terms of this Tenant Improvements Agreement against Tenant’s contractors. Landlord shall have the right to order Tenant or any of Tenant’s contractors who violate the requirements imposed on Tenant or Tenant’s contractors in performing the Demising Work to cease performance of the Demising Work and to remove its equipment and employees from the Building. No such action by Landlord shall cause any extension of the Commencement Date nor relieve Tenant from any of its obligations under the Lease. Further, notwithstanding anything herein to the contrary, any delay in the completion of the Demising Work, or any interference to Tenant’s business operations or inconvenience suffered by Tenant during the performance of any adjacent tenant’s demising work shall not subject Landlord to any liability for any loss or damages resulting there from nor entitle Tenant to any credit, abatement or adjustment of Rent or other sum payable under the Lease, as amended hereby. During Tenant’s design, construction and installation of the Tenant Improvements, Tenant shall pay for all Building services and utilities, if and to the extent required, (i) constructed in accordance with the Existing Sublease from public accommodations provisions of Title III of the Effective Date through March 31Americans With Disabilities Act of 1990 (42 U.S.C. Section 12-101 et seq.), 2017, as presently interpreted and (ii) in accordance with enforced as of the date of this Lease from by the governmental bodies having jurisdiction thereof. Lessor shall also, at its sole cost and after April 1expense, 2017install along the perimeter of the shell building in which the Premises is located additional glass as depicted in the building elevation contained in Exhibit D attached hereto. Lessor shall also provide an allowance of approximately $90,000.00 (subject to adjustment at the rate of $1.50 per rentable square foot for the Premises) to reimburse Lessee for its actual, out-of-pocket costs incurred in engaging a space planning consultant for design and review of the preliminary working drawings for the Tenant Improvements to be constructed by Lessor. Said allowance shall be paid upon the Commencement Date, subject to the submission by Lessee of reasonable evidence of such costs so incurred.
Appears in 1 contract
Samples: Lease Agreement (Syntellect Inc)
Tenant Improvements. Tenant will cause to be constructedshall replace the HVAC system serving the Leased Premises and shall construct, at furnish or install all improvements, equipment or fixtures, that are necessary for Tenant’s sole cost 's use and expense (subject to Landlord’s payment occupancy of the Improvement AllowanceLeased Premises (the "Tenant Improvements"), . Tenant shall also be responsible for the cost of any alterations to the Building required as a result of the Tenant Improvements. The Tenant Improvements will be designed and constructed as described in this Exhibit “D”. Tenant will select the Contractor to be the general contractor to perform the Work. Landlord shall have the right to approve (such approval not to be unreasonably withheld, conditioned or delayed) the Contractor and all subcontractors that will be performing any portion of the Work. All contractors that will be performing any portion of the Work shall be union contractors. in conformity with drawings and specifications submitted to and approved by Landlord and shall be performed in accordance with the following provisions:
(a) Tenant will pay all direct shall prepare and indirect costs submit to Landlord for its approval two sets of the design and construction of fully dimensioned scale drawings (suitable for submission with a building permit application) for the Tenant Improvements (subject to the Landlord’s payment including plans, elevations, critical sections and details) and a specification of the Improvement Allowance as provided for herein)Tenant's utility requirements. Such costs may include, without limitation, Tenant shall cause all costs of preparing the Space Plan, construction document preparation, design, Plans drawings and Specifications, general conditions, labor, materials, and other construction costs, the fees (on an hourly basis) of Contractor’s project manager and site superintendent specifications for the Tenant ImprovementsImprovements 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 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 drawings originally submitted, and Landlord shall approve or disapprove such revised drawings within seven days following receipt of the same.
(c) Tenant shall obtain all costs incurred building and other permits necessary in connection with obtaining permits for the Tenant Improvements. For all purposes of ownership, including risk of loss thereto, the Tenant Improvements will immediately upon installation be and remain a part prior to the commencement of the Building and the property of Landlord, provided that as provided in Section 15 of this Lease, Landlord may require Tenant to remove same upon the expiration or earlier termination of the Lease Termsuch work. Tenant currently occupies the Premises under the Existing Sublease and Landlord permits Tenant to immediately commence construction of the The Tenant Improvements from and after the Effective Date of this Lease [subject to Tenant’s shall (i) be constructed in compliance with all of the terms and conditions of the Existing Sublease Lease and with all applicable laws and regulations, (if then applicable)ii) not involve changes to structural components of the Building nor involve any floor, includingroof, without limitationor wall penetrations unless approved by Landlord, and (iii) not require any material modifications of the Building's mechanical or electrical systems unless approved by Landlord.
(d) Prior to commencing construction, Tenant shall deliver to Landlord the following:
(i) The address of Tenant’s receipt '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 final approval from of Tenant’s sublessor thereunder]'s drawings by Landlord, Tenant shall proceed promptly to commence performance of the Tenant Improvements. Tenant's contractors and subcontractors shall be acceptable to and approved in writing by Landlord, which approval shall not be unreasonably withheld or delayed, and shall, at Landlord's option, be subject to administrative supervision by Landlord in their use of the Building. Tenant shall furnish to Landlord a copy of the executed contract between Tenant and Tenant's general contractor covering all of Tenant's obligations under this Work Letter. Tenant shall use its best commercially reasonable efforts to complete cause such work to be performed in as efficient a manner as is commercially reasonable. Tenant shall reimburse Landlord on demand for the cost of repairing any damage to the Building caused by Tenant or its contractors during performance 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 ("Contractor") shall obtain a builder's risk policy of insurance in an amount and form and issued by a carrier reasonably satisfactory to Landlord, and Tenant's general 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 cancelable without at least 30 days' prior written notice to Landlord.
(f) Any changes in the Tenant Improvements on from the final drawings approved by Landlord shall be subject to Landlord's prior written approval, which shall not be unreasonably withheld. Any deviation in construction from the design specifications and criteria set forth herein or before July 31from Tenant's plans and specifications as approved by Landlord shall constitute a default for which Landlord may, 2017within ten (10) days after giving written
1. Notwithstanding notice to Tenant, elect to exercise the foregoing sentence 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, unless such default is cured as soon as reasonably practicable but in no event later than thirty (30) days after Landlord's notice to Tenant. Only new materials shall be used in the contraryconstruction of the Tenant Improvements, as part except with the written consent of Landlord.
(g) During the construction of the Tenant Improvements, Tenant shall perform provide and pay for temporary connections for all utilities brought to the work necessary to separately demise Building. Trash removal will be done continually at Tenant's sole cost and expense. No trash, or other debris, or other waste may be deposited at any time outside the Premises from Building. If so, Landlord may remove it at Tenant's expense, which expense shall equal the remaining portion cost of removal plus twenty-five percent (25%) of such costs as a management fee.
(h) Storage of Tenant's contractors' construction materials, tools and equipment shall be confined within the sixth (6th) floor Building, and in no event shall any materials or debris be stored outside of the Building, including the installation of a demising wall .
(the “Demising Work”i) on or before April 1, 2017. Tenant acknowledges that the tenant in the premises adjacent to the Premises will also be performing demising work. Tenant’s performance of the Demising Work shall be coordinated with Landlord and Tenant shall cooperate with Landlord and/or Landlord’s contractors in all ways to ensure the efficient and expeditious scheduling, staging and performance of the Demising Work. The Demising Work shall not adversely affect any construction work being performed by or for Landlord or it has engaged its tenants architects and shall be performed in harmony with solely responsible for the actions and omissions of its architects and for any loss, liability, claim, cost, damage or expense suffered by Landlord or any other entity or person as a result of the acts or omissions of its architects or for delays caused by its architects. Landlord’s contractors 's approval of any of Tenant's architects or engineers and subcontractors of any documents prepared by any of them shall not be for the benefit of Tenant or any third party, and with other contractors and subcontractors in Landlord shall have no duty to Tenant or to any third parties for the Complexactions or omissions of Tenant's architects or engineers. Tenant shall impose on indemnify and enforce hold harmless Landlord against any and all applicable terms losses, costs, damages, claims and liabilities arising from the actions or omissions of this Tenant Improvements Agreement against Tenant’s contractors. 's architects and engineers.
(j) Landlord shall have the right to order Tenant post in a conspicuous location on the Building or any the Leased Premises, as well as record with the County of Tenant’s contractors who violate Santa Xxxxx, a Notice of Non-responsibility.
(k) Without limiting the requirements imposed on Tenant or Tenant’s contractors in performing the Demising Work to cease performance generality of the Demising Work and foregoing, any work to remove its equipment and employees from the Building. No such action by Landlord shall cause any extension be performed outside of the Commencement Date nor relieve Building shall be coordinated with Landlord, and shall be subject to reasonable scheduling requirements of Landlord.
(l) Tenant from any shall, upon completion of its obligations under the Lease. Furtherwork, notwithstanding anything herein submit to the contrary, any delay in the completion Landlord two (2) complete sets of the Demising Work, or any interference to Tenant’s business operations or inconvenience suffered by Tenant during the performance of any adjacent tenant’s demising work shall not subject Landlord to any liability for any loss or damages resulting there from nor entitle Tenant to any credit, abatement or adjustment of Rent or other sum payable under the Lease, as amended hereby. During Tenant’s design, construction plans (one (1) reproducible) and installation specifications covering all of the Tenant Improvements, Tenant shall pay for all Building services and utilitiesincluding architectural, if and to the extent required, (i) in accordance with the Existing Sublease from the Effective Date through March 31, 2017electrical, and (ii) in accordance with this Lease from and after April 1plumbing, 2017as built.
Appears in 1 contract
