Tenant Improvements. Subject to the terms and conditions hereof, Landlord agrees, at its cost and expense to complete a “turnkey” interior build-out (“Tenant Improvements”) of the Leased Premises in accordance with the conditions stated in the Work Letter attached hereto as Exhibit C and incorporated hereby pursuant to the Approved Final Plans to be finalized and approved in accordance with the Work Letter and upon approval attached thereto. Any changes or modifications to the Approved Final Plans thereafter must be done in writing and signed by both Tenant and Landlord in accordance with the Work Letter. So long as in accordance with Article 19 of this Lease, Tenant agrees that Landlord shall be entitled to select, in its reasonable discretion and acting in good faith, all architects, engineers, contractors and material suppliers necessary to furnish the labor and materials for the construction of the Tenant Improvements. Landlord shall be the sole contracting party with respect to the employment of contractors which perform the work necessary to construct the Tenant Improvements. Tenant shall not be entitled to access to the Leased Premises prior to the Date of Substantial Completion and Tenant shall not interfere with or impair in any material way the construction of the Tenant Improvements, and any such interference or impairment shall be included within a Tenant Delay as defined in the Work Letter and shall entitle Landlord to all remedies provided herein for breach of this Lease. Prior to the Possession Date, Tenant shall not enter into any contract for construction of any improvements within the Leased Premises with any person other than Landlord without Landlord's prior written consent. Tenant, at Tenant's expense, shall obtain and maintain any and all necessary permits and licenses to enable Tenant to conduct Tenant’s Permitted Use, and the failure of Tenant to obtain or maintain same shall not in any manner affect the Tenant’s obligations hereunder. Landlord shall be solely responsible, at its cost and expense, for obtaining all permits and approvals related to the Tenant Improvements.
Appears in 3 contracts
Samples: Letter Agreement, Letter Agreement, Letter Agreement
Tenant Improvements. Subject a. Tenant shall cause to be constructed certain tenant improvements (including those listed in Sections 7(e), 7(f) and 7(g) below) in the terms and conditions hereof, Landlord agrees, at its cost and expense to complete a “turnkey” interior build-out Additional Premises (“Tenant ImprovementsTenant’s Work”) of the Leased Premises in accordance with the conditions stated in pursuant to the Work Letter attached hereto as Exhibit C and incorporated hereby pursuant to E hereto (the Approved Final Plans to be finalized and approved in accordance with the Work Letter and upon approval attached thereto. Any changes or modifications to the Approved Final Plans thereafter must be done in writing and signed by both Tenant and Landlord in accordance with the “Work Letter. So long as in accordance with Article 19 of this Lease, Tenant agrees that Landlord shall be entitled to select, in its reasonable discretion and acting in good faith, all architects, engineers, contractors and material suppliers necessary to furnish the labor and materials for the construction of the Tenant Improvements”). Landlord shall provide Tenant with an improvement allowance in an amount not to exceed 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 sole contracting following costs related to Tenant’s Work: (i) construction, (ii) project oversight by Landlord (which fee shall equal three percent (3%) of the 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 or 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). If the total cost of Tenant’s Work exceeds Forty-Five Dollars ($45) per rentable square foot of the Additional Premises, then Tenant shall pay the overage as and when due. Tenant shall have until December 31, 2008, to expend any unused portion of the 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 the employment of contractors which perform the work necessary to construct the Tenant Improvements. Tenant shall not be entitled to access to the Leased Premises prior to the Date of Substantial Completion and Tenant shall not interfere with or impair in any material way the construction of the Tenant Improvements, and any such interference or impairment shall be included within a Tenant Delay as defined Tenant’s Work in the Work Letter and shall entitle Landlord to all remedies provided herein for breach of this Lease. Prior to the Possession Date, Tenant shall not enter into any contract for construction of any improvements within the Leased Premises with any person other than Landlord without Landlord's prior written consent. Tenant, at Tenant's expense, shall obtain and maintain any and all necessary permits and licenses to enable Tenant to conduct Tenant’s Permitted Use, and the failure of Tenant to obtain or maintain same shall not in any manner affect the Tenant’s obligations hereunder. Landlord shall be solely responsible, at its cost and expense, for obtaining all permits and approvals related to the Tenant ImprovementsAdditional Premises.
Appears in 3 contracts
Samples: Work Letter (Natera, Inc.), Work Letter (Natera, Inc.), Suit Lease (Nektar Therapeutics)
Tenant Improvements. Subject 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 hereofof the Existing Sublease (if then applicable), Landlord agreesincluding, at without limitation, Tenant’s receipt of approval from Tenant’s sublessor thereunder]. Tenant shall use its cost and expense best efforts to complete a “turnkey” interior build-out (“the Tenant Improvements”) of Improvements on or before July 31, 2017. Notwithstanding the Leased Premises in accordance with the conditions stated in the Work Letter attached hereto as Exhibit C and incorporated hereby pursuant foregoing sentence to the Approved Final Plans to be finalized and approved in accordance with the Work Letter and upon approval attached thereto. Any changes or modifications to the Approved Final Plans thereafter must be done in writing and signed by both Tenant and Landlord in accordance with the Work Letter. So long contrary, as in accordance with Article 19 of this Lease, Tenant agrees that Landlord shall be entitled to select, in its reasonable discretion and acting in good faith, all architects, engineers, contractors and material suppliers necessary to furnish the labor and materials for the construction part of the Tenant Improvements. Landlord , Tenant shall be the sole contracting party with respect to the employment of contractors which perform the work necessary to construct 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 Improvementsacknowledges 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 not be entitled impose on and enforce all applicable terms of this Tenant Improvements Agreement against Tenant’s contractors. Landlord shall have the right to access 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 Leased Premises prior 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 Date performance of Substantial Completion and Tenant any adjacent tenant’s demising work shall not interfere with subject Landlord to any liability for any loss or impair in damages resulting there from nor entitle Tenant to any material way 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 any such interference or impairment shall be included within a Tenant Delay as defined in the Work Letter utilities, if and shall entitle Landlord to all remedies provided herein for breach of this Lease. Prior to the Possession Dateextent required, Tenant shall not enter into any contract for construction of any improvements within (i) in accordance with the Leased Premises with any person other than Landlord without Landlord's prior written consent. TenantExisting Sublease from the Effective Date through March 31, at Tenant's expense, shall obtain and maintain any and all necessary permits and licenses to enable Tenant to conduct Tenant’s Permitted Use2017, and the failure of Tenant to obtain or maintain same shall not (ii) in any manner affect the Tenant’s obligations hereunder. Landlord shall be solely responsibleaccordance with this Lease from and after April 1, at its cost and expense, for obtaining all permits and approvals related to the Tenant Improvements2017.
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 shall accept the Suite 110 Premises in its “as is” condition (subject to Landlord's continuing repair and maintenance obligations, as outlined in Section 10 of the Lease (as may be amended)), and 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 Suite 110 Premises shall be subject to all the terms and conditions hereofset forth in Section 11 of the Lease. Notwithstanding anything in the Lease to the contrary, Landlord agrees, at its hereby agrees to grant Tenant an allowance in the amount of $10,000 to be applied toward the cost (including architectural and expense to complete a engineering fees) of alterations performed by Tenant in the Suite 110 Premises (the “turnkey” interior build-out (“Tenant ImprovementsGranted Allowance”) in conjunction with Tenant’s initial occupancy of Suite 110 Premises. Provided no Event of Default then exists under the Lease, the 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. If the cost of Tenant's alterations in the Suite 110 Premises exceeds the amount of the Leased Premises in accordance with Granted Allowance, the conditions stated excess shall be paid by Tenant after the Granted Allowance is fully exhausted. Any portion of the Granted Allowance that has not been applied (or contracted to be applied) in the Work Letter attached hereto as Exhibit C and incorporated hereby pursuant manner set forth above by the date which is twelve (12) months following the Eighth Amendment Commencement Date shall revert to the Approved Final Plans to be finalized and approved in accordance with the Work Letter and upon approval attached thereto. Any changes or modifications to the Approved Final Plans thereafter must be done in writing and signed by both Tenant and Landlord in accordance with the Work Letter. So long as in accordance with Article 19 of this LeaseLandlord, Tenant agrees that Landlord shall be entitled to select, in its reasonable discretion and acting in good faith, all architects, engineers, contractors and material suppliers necessary to furnish the labor and materials for the construction of the Tenant Improvements. Landlord shall be the sole contracting party with respect to the employment of contractors which perform the work necessary to construct the Tenant Improvements. Tenant shall not be entitled to access to the Leased Premises prior to the Date of Substantial Completion and Tenant shall not interfere have no further rights with or impair in any material way the construction of the Tenant Improvements, and any such interference or impairment shall be included within a Tenant Delay as defined in the Work Letter and shall entitle Landlord to all remedies provided herein for breach of this Lease. Prior to the Possession Date, Tenant shall not enter into any contract for construction of any improvements within the Leased Premises with any person other than Landlord without Landlord's prior written consent. Tenant, at Tenant's expense, shall obtain and maintain any and all necessary permits and licenses to enable Tenant to conduct Tenant’s Permitted Use, and the failure of Tenant to obtain or maintain same shall not in any manner affect the Tenant’s obligations hereunder. Landlord shall be solely responsible, at its cost and expense, for obtaining all permits and approvals related to the Tenant Improvementsrespect thereto.
Appears in 3 contracts
Samples: Lease Agreement (Precision Biosciences Inc), Lease Agreement (Precision Biosciences Inc), Lease Agreement (Precision Biosciences Inc)
Tenant Improvements. Subject Landlord shall cause the Core and Shell Contractor or another Contractor designated by Landlord and approved by Tenant, such consent not to be unreasonably withheld or delayed (“TI Contractor”, and together with Core and Shell Contractor, “Contractor”) to commence and thereafter diligently prosecute the construction of the tenant improvements in the Premises pursuant to the terms and conditions hereof, Landlord agrees, at its cost and expense to complete a “turnkey” interior build-out Work Letter (the “Tenant Improvements”) of ); provided, however, that before performing the Leased Premises in accordance with the conditions stated in the Work Letter attached hereto as Exhibit C and incorporated hereby pursuant to the Approved Final Plans to be finalized and approved in accordance with the Work Letter and upon approval attached thereto. Any changes or modifications to the Approved Final Plans thereafter must be done in writing and signed by both Tenant and Landlord in accordance with the Work Letter. So long as in accordance with Article 19 of this LeaseImprovements, Tenant agrees that Landlord shall be entitled to select, in its reasonable discretion and acting prepare in good faith, all architects, engineers, contractors and material suppliers necessary to furnish the labor and materials faith an estimated budget for the construction of the Tenant ImprovementsImprovements and deliver such budget to Tenant for Tenant’s written approval prior the start of construction (the “Budget”). Landlord and Tenant shall work together cooperatively and in good faith to achieve a mutually acceptable Budget. Landlord shall update the Budget for Tenant’s 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 sole contracting party with respect Budget is likely to be exceeded, Landlord and Tenant shall work together cooperatively, if required by Tenant, to modify the employment scope of contractors which perform the work necessary to construct the Tenant ImprovementsImprovements 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 defined in the Work Letter). Tenant shall pay all TI Costs, except that Landlord shall pay for TI Costs that do not be entitled 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 and 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 access an unaffiliated third party (such fees not to exceed three percent (3%) of the Leased Premises prior to 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, any of the Date of Substantial Completion Attached Property (as defined in Section 18.5), (v) building permits and Tenant shall not interfere with other taxes, fees, charges and levies by governmental and quasi-governmental agencies for permits or impair in any material way the construction for inspections of the Tenant Improvements, and (vi) the Warm Shell Costs. In no event shall the TI Allowance be used for: (w) the purchase of any such interference furniture, personal property or impairment shall be included within other non-building system equipment, (x) costs resulting from a Tenant Delay 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 defined set forth in the Work Letter and shall entitle Landlord to all remedies provided herein for breach of this Lease. Prior to Budget) exceed the Possession DateTI Allowance, Tenant shall deposit with 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 enter into any contract for construction of any improvements 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 Leased Premises with any person other than Landlord without Budget and previously paid TI Deposit, Tenant shall promptly pay the additional amount to Landlord's prior written consent. Tenant, at Tenant's expense, shall obtain and maintain any and all necessary permits and licenses to enable Tenant to conduct Tenant’s Permitted Use, and such additional amount shall be added to the failure TI Deposit. If the sum of the TI Allowance plus the TI Deposit is not sufficient to cover the TI Costs, Tenant to obtain or maintain same shall not in any manner affect reimburse Landlord the Tenant’s obligations hereunderdifference between (a) the TI Costs and (b) the sum of the TI Allowance and the TI Deposit. However, Landlord shall be solely responsibleresponsible for any costs related to the Tenant Improvements to the extent the same result from Landlord’s gross negligence, intentional misconduct or breach of Lease. Landlord and Tenant shall work together cooperatively at its no cost or risk to Landlord to maximize Tenant’s ability, to the extent reasonably possible, to obtain the benefit of any applicable research and expense, for obtaining all permits and approvals related development tax credits with respect to the Tenant Improvements.
Appears in 3 contracts
Samples: Lease (NanoString Technologies Inc), Lease (NanoString Technologies Inc), Lease (NanoString Technologies Inc)
Tenant Improvements. Subject Tenant and Landlord have agreed that Tenant Project Architect, RRM, will 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 done under separate contracts, 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 General Contract and the Tenant General Contractor shall be subject to Landlord’s approval, which shall not be unreasonably withheld, conditioned or delayed, provided such Tenant General Contractor is financially qualified, licensed, insured, and possess the experience necessary to complete a project of the size, scope and quality contemplated by .this Lease, but with the limitation that Landlord’s approval of the Tenant General Contract shall not be conditioned on changes to the Tenant General Contract that increase the costs of 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 General Contractor and Tenant’s General Contractor. If JW Design acts as both Landlord and Tenant General Contractor, JW Design’s overhead costs, if billed under contract, shall be allocated to each contract in proportion to the total cost of each contract. Tenant shall have the right to enter the Premises to work with Xxxxxx’s General Contractor in completing Tenant Improvements. At all times while accessing the Property during construction: (A) Tenant shall comply with all terms and conditions hereof, Landlord agrees, at its cost and expense of this Lease other than the obligation to complete a “turnkey” interior build-out pay Rent (“except after Rent Commencement Date); (B) Tenant Improvements”) shall not materially interfere with completion of the Leased Premises in accordance with the conditions stated in the Work Letter attached hereto as Exhibit C Landlord Improvements; and incorporated hereby pursuant to the Approved Final Plans to be finalized and approved in accordance with the Work Letter and upon approval attached thereto(C) Tenant shall not begin operation of its business. Any changes or modifications to the Approved Final Plans thereafter must be done in writing and signed by both Tenant and Landlord in accordance with the Work Letter. So long as in accordance with Article 19 of this Lease, Tenant Xxxxxx agrees that Landlord shall be entitled it will not hire other contractors to select, in its reasonable discretion and acting in good faith, all architects, engineers, contractors and material suppliers necessary to furnish work on the labor and materials for the construction of Project except through either through the Tenant ImprovementsGeneral Contractor or JW Design to ensure coordination of work, maintenance of adequate insurance and to prevent liens being placed against the Property for unpaid work. Landlord shall be the sole contracting party supply Tenant with respect all utility services furnished to the employment of contractors which perform the work necessary to construct the Tenant ImprovementsPremises during such early entry period. Tenant shall not be entitled 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 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 foregoing, Tenant shall have no right to access actually occupy the Premises to the Leased Premises conduct Xxxxxx’s business prior to the Date Tenant’s receipt of Substantial Completion and valid certificate or conditional certificate of occupancy. Notwithstanding anything contained herein, under no circumstances could Tenant shall not interfere with or impair be required to fund project costs in excess of 89.9% of the total project costs incurred at any material way point during the construction of the Tenant Improvements, and any such interference or impairment shall be included within a Tenant Delay as defined in the Work Letter and shall entitle Landlord to all remedies provided herein for breach of this Lease. Prior to the Possession Date, Tenant shall not enter into any contract for construction of any improvements within the Leased Premises with any person other than Landlord without Landlord's prior written consent. Tenant, at Tenant's expense, shall obtain and maintain any and all necessary permits and licenses to enable Tenant to conduct Tenant’s Permitted Use, and the failure of Tenant to obtain or maintain same shall not in any manner affect the Tenant’s obligations hereunder. Landlord shall be solely responsible, at its cost and expense, for obtaining all permits and approvals related to the Tenant Improvementsperiod.
Appears in 2 contracts
Samples: Security Agreement (MINDBODY, Inc.), Security Agreement (MINDBODY, Inc.)
Tenant Improvements. Subject Promptly after the Execution Date, Landlord, at Tenant’s sole cost and expense, shall commence and diligently pursue completion of the Additional Tenant Improvements to be constructed by it on the Premises. All Additional 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 terms and conditions hereofAdditional Tenant Improvements may be made without the written consent of both parties, Landlord agreeswhich shall not be unreasonably withheld, at its cost and expense to complete conditioned, or delayed. All approved changes shall be made in the form of a “turnkey” interior build-out change order (“Tenant ImprovementsChange Order”) of setting forth the Leased Premises in accordance with increased costs, if any, caused by the conditions stated in the Work Letter attached hereto as Exhibit C change and incorporated hereby pursuant specifying any anticipated delay relating to the Approved Final Plans to be finalized and approved in accordance with the Work Letter and upon approval attached theretothat Change Order, it any. Any changes or modifications to the Approved Final Plans thereafter must be done in writing and signed by both Tenant and Landlord in accordance with the Work Letter. So long as in accordance with Article 19 of this Lease, Tenant agrees that Landlord shall be entitled to select, in its reasonable discretion and acting in good faith, receive a supervision fee from Tenant on all architects, engineers, contractors and material suppliers necessary Change Orders equal to furnish the labor and materials for the construction greater of: (i) seven percent (7.0%) of the Tenant Improvements. Landlord shall be amount of the sole contracting party with respect to the employment of contractors which perform the work necessary to construct the Tenant ImprovementsChange Order; and (ii) $50.00. Tenant shall reimburse Landlord for any increased costs, including any applicable supervision tees, within ten (10) days of Tenant’s receipt of the invoice from Landlord for those increased costs. Unless otherwise noted in writing in Schedule C or in the applicable Change Order, the Additional Tenant Improvements shall remain and be surrendered with the Premises on expiration of the Lease. If Schedule C or the Change Order provides that certain improvements are not to be entitled surrendered, Tenant, at its sole cost, shall, upon termination of the Lease, remove those Additional Tenant Improvements which are not to access remain and repair all damage to the Leased Premises prior caused by their removal. This obligation shall survive a termination of the Lease. Except to the Date of Substantial Completion and extent such is included in the Landlord’s property tax xxxx for the Building or as otherwise stipulated by the parties, during the Term, Tenant shall not interfere with be responsible for any ad valorem taxes relating to the Additional Tenant Improvements whether such are to remain or impair in any material way the construction be removed. Upon completion of the Tenant Improvements, and any such interference or impairment shall be included within a Tenant Delay as defined in the Work Letter and shall entitle Landlord to all remedies provided herein for breach of this Lease. Prior to the Possession Date, Tenant shall not enter into any contract for construction of any improvements within the Leased Premises with any person other than Landlord without Landlord's prior written consent. Tenant, at Tenant's its expense, shall obtain and maintain any and all necessary permits and licenses to enable Tenant to conduct Tenant’s Permitted Use, and the failure provide Landlord with an as-built set of Tenant to obtain or maintain same shall not in any manner affect the Tenant’s obligations hereunder. Landlord shall be solely responsible, at its cost and expense, plans for obtaining all permits and approvals related to the Tenant Improvements.
Appears in 2 contracts
Samples: Lease Agreement (Liquidia Technologies Inc), Lease Agreement (Liquidia Technologies Inc)
Tenant Improvements. Subject 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 terms and conditions hereofPremises except as specifically set forth in this Section 17.1. Notwithstanding the foregoing, Landlord agrees, 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 or applicable Laws, shall be completed by Tenant at its sole cost and expense expense. Landlord agrees to complete a “turnkey” interior build-out coordinate the tenant improvements (the “Tenant Improvements”) described on Exhibit 17.1.1 attached hereto. The costs of the Leased Premises in accordance with Tenant Improvements shall be the conditions stated in the Work Letter attached hereto as Exhibit C and incorporated hereby pursuant to the Approved Final Plans to be finalized and approved in accordance with the Work Letter and upon approval attached thereto. Any changes or modifications to the Approved Final Plans thereafter must be done in writing and signed by both Tenant and Landlord in accordance with the Work Letter. So long as in accordance with Article 19 sole responsibility of this LeaseTenant; provided, Tenant agrees however, that Landlord shall be entitled provide Tenant with an allowance of up to select$120,000.00 (the “Allowance”). Landlord shall use the Allowance to pay: (1) all costs and expenses directly incurred by Landlord, if any, in its reasonable discretion the construction of the Tenant Improvements (including all applicable licenses and acting in good faith, permits); (2) all architects, engineers, contractors costs and material suppliers necessary to furnish the labor and materials expenses directly incurred by Landlord for the preparation or review of all plans and specifications for the Tenant Improvements; and (3) a construction supervision fee to Landlord’s construction agent, CB Xxxxxxx Xxxxx, equal to 6% of the actual costs of construction of the Tenant Improvements. Landlord shall be If the sole contracting party with respect to the employment cost of contractors which perform the work necessary to construct the Tenant ImprovementsImprovements exceeds the Allowance, then Tenant shall pay such excess cost to Landlord as Additional Rent pursuant to Section 2.2. If the cost of the Tenant Improvements is less than the Allowance, then Tenant shall not be entitled to access any payment or credit for such excess amount. Any other improvements made to the Leased Premises prior to the Date of Substantial Completion and by Tenant shall not interfere with or impair in any material way the construction of the Tenant Improvementsbe at Tenant’s sole expense, and any such interference or impairment shall be included within a Tenant Delay as defined in the Work Letter and shall entitle Landlord deemed an “Alteration” subject to all remedies provided herein for breach Article 8 of this Lease. Prior to the Possession Date, Tenant shall not enter into any contract for construction of any improvements within the Leased Premises with any person other than Landlord without Landlord's prior written consent. Tenant, at Tenant's expense, shall obtain and maintain any and all necessary permits and licenses to enable Tenant to conduct Tenant’s Permitted Use, and the failure of Tenant to obtain or maintain same shall not in any manner affect the Tenant’s obligations hereunder. Landlord shall be solely responsible, at its cost and expense, for obtaining all permits and approvals related to the Tenant Improvements.
Appears in 2 contracts
Samples: Lease Agreement (G Iii Apparel Group LTD /De/), Lease Agreement (G Iii Apparel Group LTD /De/)
Tenant Improvements. Subject to this Section 4, Tenant shall accept the Suite WB100 Premises and Suite WB200 Premises in their “as is” condition (subject to Landlord's continuing repair and maintenance obligations, as outlined in Section 10 of the Lease (as may be amended)), and 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 Suite WB100 Premises and Suite WB200 Premises shall be subject to all the terms and conditions hereofset forth in Section 11 of the Lease. Notwithstanding anything in the Lease to the contrary (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 agrees, at its cost and expense hereby agrees to complete a 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 “turnkey” interior build-out (“Tenant ImprovementsSuite WB100 Granted Allowance”) to be applied 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”, together with the Suite WB100 Granted Allowance, collectively, the “Granted Allowance”) to be applied toward the cost of the Leased design and construction of any alterations Tenant desires to perform in Suite WB100 Premises and Suite WB200 Premises, respectively, in accordance conjunction with the conditions stated in the Work Letter attached hereto as Exhibit C Tenant’s initial occupancy of Suite WB100 Premises and incorporated hereby pursuant to the Approved Final Plans to be finalized and approved in accordance with the Work Letter and upon approval attached theretoSuite WB200. Any changes or modifications to the Approved Final Plans thereafter must be done in writing and signed by both Tenant and Landlord in accordance with the Work Letter. So long as in accordance with Article 19 of this Lease, Tenant agrees that Landlord shall be entitled to select, in its reasonable discretion and acting in good faith, all architects, engineers, contractors and material suppliers necessary to furnish the labor and materials for the construction portion of the Granted Allowance may be applied to pay the fees of the architect and engineers and any construction supervision, contractors' overhead and profit charges, along with fees for any project manager employed by Tenant Improvements. Landlord shall be the sole contracting party with respect to such alterations, as well as any licensing and permitting costs and fees; provided, the employment Suite WB100 Granted Allowance may only be used for the Suite WB100 Premises and the Suite WB200 Granted Allowance may only be used for the Suite WB200 Premises. The cost of contractors Tenant’s alterations in the Suite WB100 Premises shall be paid first out the Suite WB100 Granted Allowance until the Suite WB100 Granted Allowance is exhausted (at which perform the work necessary to construct the Tenant Improvements. time Tenant shall be fully responsible for the cost of any further alterations), and the cost of Tenant’s alteration in the Suite WB200 Premises shall be paid first out the Suite WB200 Granted Allowance until the Suite WB200 Allowance is exhausted (at which time Tenant shall be fully responsible for the cost of any further alterations). Provided no Event of Default then exists under the Lease, the 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. If the cost of Tenant'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 after the 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 entitled applied) in 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 access to the Leased Premises prior to the Date of Substantial Completion Landlord, and Tenant shall have no further rights with respect thereto and (ii) Suite WB200 Granted Allowance that has not interfere with been applied (or impair contracted to be applied) in any material way the construction of manner set forth above by the Tenant Improvementsdate which is twelve (12) months following the Suite WB200 Premises Seventh Amendment Commencement Date shall revert to Landlord, and any such interference or impairment shall be included within a Tenant Delay as defined in the Work Letter and shall entitle Landlord to all remedies provided herein for breach of this Lease. Prior to the Possession Date, Tenant shall not enter into any contract for construction of any improvements within the Leased Premises have no further rights with any person other than Landlord without Landlord's prior written consent. Tenant, at Tenant's expense, shall obtain and maintain any and all necessary permits and licenses to enable Tenant to conduct Tenant’s Permitted Use, and the failure of Tenant to obtain or maintain same shall not in any manner affect the Tenant’s obligations hereunder. Landlord shall be solely responsible, at its cost and expense, for obtaining all permits and approvals related to the Tenant Improvementsrespect thereto.
Appears in 2 contracts
Samples: Lease Agreement (Precision Biosciences Inc), Lease Agreement (Precision Biosciences Inc)
Tenant Improvements. Subject to Tenant shall construct, furnish or install all improvements, equipment or fixtures, that are necessary for Tenant’s use and occupancy of the terms and conditions hereofentirety of the Leased Premises (collectively, Landlord agrees, at its cost and expense to complete a “turnkey” interior build-out (the “Tenant Improvements”) ). Tenant shall complete construction of the Tenant Improvements for the entirety of the Leased Premises in accordance with Premises. Tenant shall also be responsible for the conditions stated in the Work Letter attached hereto as Exhibit C and incorporated hereby pursuant cost of any alterations to the Approved Final Plans to be finalized and approved in accordance with the Work Letter and upon approval attached thereto. Any changes or modifications to the Approved Final Plans thereafter must be done in writing and signed by both Tenant and Landlord in accordance with the Work Letter. So long Building required as in accordance with Article 19 of this Lease, Tenant agrees that Landlord shall be entitled to select, in its reasonable discretion and acting in good faith, all architects, engineers, contractors and material suppliers necessary to furnish the labor and materials for the construction a result of the Tenant Improvements. Tenant will engage a consultant reasonably approved by Landlord shall be to manage the sole contracting party with respect to the employment of contractors which perform the work necessary to construct the Tenant Improvements. Tenant shall not be entitled to access to the Leased Premises prior to the Date of Substantial Completion design and Tenant shall not interfere with or impair in any material way the construction of the Tenant Improvements, and any such interference or impairment shall be included within a Improvements (“Tenant Delay as defined in the Work Letter and shall entitle Landlord to all remedies provided herein for breach of this LeaseImprovement Project Manager”). Prior to the Possession Date, Tenant shall not enter into any contract cause all drawings and specifications for construction of any improvements within the Leased Premises with any person other than Tenant Improvements to be prepared by an architect selected by Tenant and reasonably approved by Landlord without (“Tenant Improvement Architect”) and to be constructed by Landmark Builders Incorporated (“Tenant Improvement Contractor”). Landlord's ’s prior written consent. Tenant, at Tenant's expensewhich shall not be unreasonably withheld, shall obtain be required if Tenant desires to change its Tenant Improvement Architect, Tenant Improvement Contractor or Tenant Improvement Project Manager. Tenant shall furnish to Landlord a copy of the executed contracts between Tenant and maintain any and all necessary permits and licenses to enable Tenant to conduct Tenant’s Permitted UseImprovement Architect, and the failure Tenant and Tenant Improvement Contractor, covering all of Tenant to obtain or maintain same shall not in any manner affect the Tenant’s obligations hereunderunder this Work Letter. Landlord The Tenant Improvements shall be solely responsiblein conformity with drawings and specifications submitted to and approved by Landlord, at its cost which approval shall not be unreasonably withheld or delayed, and expense, for obtaining all permits and approvals related to shall be performed in accordance with the Tenant Improvements.following provisions:
Appears in 2 contracts
Samples: Lease (Cardiodx Inc), Lease (Cardiodx Inc)
Tenant Improvements. Subject Except for any Tenant Improvements that Tenant elects for Landlord to perform pursuant to Article 4 of the terms and conditions hereofLease, Landlord agreesall Tenant Improvements shall be performed by Tenant’s contractor, at its Tenant’s sole cost and expense (subject to complete a “turnkey” interior build-out (“Tenant Improvements”) Landlord’s obligations with respect to any portion of the Leased Premises TI Allowance) and in accordance with the conditions stated in Approved Plans (as defined below), the Work Letter attached hereto as Exhibit C Lease and incorporated hereby pursuant to the Approved Final Plans to be finalized and approved in accordance with the Work Letter and upon approval attached thereto. Any changes or modifications to the Approved Final Plans thereafter must be done in writing and signed by both this Tenant and Landlord in accordance with the Work Letter. So long as in accordance with Article 19 of this Lease, Tenant agrees To the extent that Landlord shall be entitled to select, in its reasonable discretion and acting in good faith, all architects, engineers, contractors and material suppliers necessary to furnish the labor and materials for the construction total projected cost of the Tenant ImprovementsImprovements (as reasonably projected by Landlord) exceeds the TI Allowance (such excess, the “Excess TI Costs”), Tenant shall pay the costs of the Tenant Improvements on a pari passu basis with Landlord as such costs become due, in the 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 Tenant 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 for purposes of any litigation instituted with regard to such amounts the same shall be the sole contracting party with respect to the employment of considered Rent. All material and equipment furnished by Tenant or its contractors which perform the work necessary to construct as the Tenant ImprovementsImprovements shall be new or “like new;” the Tenant Improvements shall be performed in a first-class, workmanlike manner; and the quality of the Tenant Improvements shall be of a nature and character not less than the Building Standard. Tenant shall not be entitled take, and shall cause its contractors to access take, commercially reasonable steps to protect the Leased Premises prior to during the Date performance of Substantial Completion and Tenant shall not interfere with or impair in any material way the construction of the Tenant Improvements, and including covering or temporarily removing any such interference window coverings so as to guard against dust, debris or impairment shall be included within a Tenant Delay as defined in the Work Letter and shall entitle Landlord to all remedies provided herein for breach of this Lease. Prior to the Possession Date, Tenant shall not enter into any contract for construction of any improvements within the Leased Premises with any person other than Landlord without Landlord's prior written consent. Tenant, at Tenant's expense, shall obtain and maintain any and all necessary permits and licenses to enable Tenant to conduct Tenant’s Permitted Use, and the failure of Tenant to obtain or maintain same shall not in any manner affect the Tenant’s obligations hereunder. Landlord shall be solely responsible, at its cost and expense, for obtaining all permits and approvals related to the Tenant Improvementsdamage.
Appears in 2 contracts
Samples: Lease (Halozyme Therapeutics Inc), Lease (Halozyme Therapeutics Inc)
Tenant Improvements. Subject to the terms and conditions hereof, Landlord agrees, at its cost and expense to complete shall provide Tenant a “turnkey” interior build-out Tenant Improvement Allowance (“Tenant ImprovementsTIA”) of $12.50 per square foot, or Two Hundred Eight Thousand Seven Hundred Seventy Five & 00/00 ($208,775.00) to be used by Tenant for permanent building standard improvements to all or part of the Leased Premises in accordance with the conditions stated and for repair and maintenance of equipment and fixtures in the Work Letter attached hereto Premises as Exhibit C and incorporated hereby pursuant to of the Approved Final Plans to be finalized and approved in accordance with the Work Letter and upon approval attached theretoCommencement Date. Any changes or modifications to the Approved Final Plans thereafter must be done in writing and signed by both Tenant and Landlord in accordance with the Work Letter. So long as in accordance with Article 19 of this Lease, Tenant agrees that Landlord shall be entitled required to selectsubmit 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, in its reasonable discretion permits and acting in good faith, all architects, engineers, contractors necessary governmental documentation specific to Tenant’s improvements and material suppliers necessary to furnish the labor and materials for the construction of the Tenant Improvementsuse. 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 the sole contracting party with respect to the employment of contractors which perform the work necessary to construct the Tenant Improvementsretained 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 entitled to access used for non-building standard improvements to the Leased Premises prior such as, but not limited to, Tenant’s moving costs, low voltage cabling, movable office furniture or other fixtures or equipment specific to the Date of Substantial Completion and 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 interfere with or impair in any material way charge a construction management fee for the construction of the work done by Tenant Improvements, and any such interference or impairment shall be included within a Tenant Delay as defined provided for in the Work Letter and shall entitle Landlord TIA. Tenant reserves the right to all remedies provided herein for breach of this Lease. Prior to the Possession Date, Tenant shall not enter into any contract for construction of any improvements within the Leased Premises with any person other than Landlord without Landlord's prior written consent. Tenanthire, at Tenant's expense’s cost, shall obtain and maintain any and all necessary permits and licenses independent construction management professionals to enable Tenant manage the work provided for in the TIA. Subject to conduct Tenant’s Permitted Usesubmittal of detailed plans to Landlord for Landlord’s written approval of said work prior to any work commencing, Landlord hereby approves the following permanent building standard improvements to the Premises and the failure following repairs to and maintenance of Tenant to obtain or maintain same shall not in any manner affect the Tenant’s obligations hereunder. Landlord shall be solely responsible, at its cost equipment and expense, for obtaining all permits and approvals related to the Tenant Improvements.fixtures:
Appears in 2 contracts
Samples: Early Entry Agreement (Alder Biopharmaceuticals Inc), Early Entry Agreement (Alder Biopharmaceuticals Inc)
Tenant Improvements. Subject to the terms and conditions hereof, Landlord agreesAll Tenant Improvements shall be performed by Tenant’s contractor, at its Tenant’s sole cost and expense (subject to complete a “turnkey” interior build-out (“Tenant Improvements”) Landlord’s obligations with respect to any portion of the Leased Premises TI Allowance and in accordance with the conditions stated in Approved Plans (as defined below), the Work Letter attached hereto as Exhibit C Lease and incorporated hereby pursuant to the Approved Final Plans to be finalized and approved in accordance with the Work Letter and upon approval attached thereto. Any changes or modifications to the Approved Final Plans thereafter must be done in writing and signed by both Tenant and Landlord in accordance with the this Work Letter. So long To the extent that the total projected cost of the Tenant Improvements (as projected by Landlord) exceeds the TI Allowance (such excess, the “Excess TI Costs”), Tenant shall advance to Landlord any Excess TI Costs within ten (10) days after receipt of an invoice therefor, but in any case before Tenant commences the Tenant Improvements. If the actual Excess TI Costs are less than the Excess TI Costs paid by Tenant to Landlord, the provisions of Section 6.1 shall apply to the overage paid by Tenant. If the cost of the Tenant Improvements (as projected by Landlord) increases over Landlord’s initial projection, then Landlord may notify Tenant and Tenant shall deposit any additional Excess TI Costs with Landlord in the 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 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 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 shall be new or “like new;” the Tenant Improvements shall be performed in a first-class, workmanlike manner; and the quality of the Tenant Improvements shall be of a nature and character not less than the Building Standard. Tenant shall take, and shall require its contractors to take, commercially reasonable steps to protect the Premises during the performance of any Tenant Improvements, including covering or temporarily removing any window coverings so as to guard against dust, debris or damage. All Tenant Improvements shall be performed in accordance with Article 19 17 of the Lease; provided that, notwithstanding anything in the Lease or this Lease, Tenant agrees that Landlord shall be entitled Work Letter to selectthe contrary, in its reasonable discretion and acting in good faith, all architects, engineers, contractors and material suppliers necessary to furnish the labor and materials for the construction event of the Tenant Improvements. Landlord shall be the sole contracting party with respect to the employment of contractors which perform the work necessary to construct the Tenant Improvements. Tenant shall not be entitled to access to the Leased Premises prior to the Date of Substantial Completion and Tenant shall not interfere with or impair in any material way the construction of the Tenant Improvements, and any such interference or impairment shall be included within a Tenant Delay as defined in the conflict between this Work Letter and shall entitle Landlord to all remedies provided herein for breach Article 17 of the Lease, the terms of this Lease. Prior to the Possession Date, Tenant Work Letter shall not enter into any contract for construction of any improvements within the Leased Premises with any person other than Landlord without Landlord's prior written consent. Tenant, at Tenant's expense, shall obtain and maintain any and all necessary permits and licenses to enable Tenant to conduct Tenant’s Permitted Use, and the failure of Tenant to obtain or maintain same shall not in any manner affect the Tenant’s obligations hereunder. Landlord shall be solely responsible, at its cost and expense, for obtaining all permits and approvals related to the Tenant Improvementsgovern.
Appears in 2 contracts
Samples: Lease (Biotime Inc), Lease (Asterias Biotherapeutics, Inc.)
Tenant Improvements. Subject Notwithstanding anything in this Lease to the terms contrary, promptly after the full execution and conditions hereofdelivery of this Lease and prior to the Commencement Date, Landlord agreesshall, at its Landlord’s sole cost and expense to complete a “turnkey” interior build-out expense, cause the following improvements (“Tenant Improvements”’) to be completed (i) new carpet installed in that portion of the Leased Premises designated for office use, (ii) repair, strip, wax and seal the vinyl composition tile in accordance that portion of the Premises designated for laboratory use, (iii) lower the laboratory bench in Suite 20 to Tenant’s specifications, (iv) remove a wall in Suite 20 to create a conference room therein, and (v) paint and perform general cleaning of the Premises. Landlord warrants that, as of Landlord’s delivery of the Premises to Tenant, the Tenant Improvements shall be in compliance with all Legal Requirements as of the issuance of the building permits therefor, and Landlord shall, at its sole cost and expense and as Tenant’s sole remedy, correct any breach of such warranty promptly following receipt of written notice thereof from Tenant. THE SUBMISSION OF THIS LEASE FOR EXAMINATION AND/OR SIGNATURE BY TENANT IS NOT A COMMITMENT BY LANDLORD OR ITS AGENTS TO RESERVE THE PREMISES OR TO LEASE THE PREMISES TO TENANT. THIS LEASE SHALL BECOME EFFECTIVE AND LEGALLY BINDING ONLY UPON FULL EXECUTION AND DELIVERY BY BOTH LANDLORD AND TENANT. UNTIL LANDLORD DELIVERS A FULLY EXECUTED COUNTERPART HEREOF TO TENANT, LANDLORD HAS THE RIGHT TO OFFER AND TO LEASE THE PREMISES TO ANY OTHER PERSON TO THE EXCLUSION OF TENANT. EXECUTED, by Landlord and Tenant as of the date first written above. LANDLORD: Sorrento Square, a California limited partnership By: CDC Financial Investors GP I, LLC, a Delaware limited liability company By: CDC Financial Investors, LLC, a Delaware limited liability company, Its Manager By: Its: By: Its: TENANT: MabVax Therapeutics, Inc., a Delaware corporation By: Title: EXHIBIT “A” SITE/FLOOR PLAN OF PREMISES/ DESCRIPTION OF CENTER Initial EXHIBIT “A” EXHIBIT “B” RULES AND REGULATIONS The following Rules and Regulations shall apply to the Center. Tenant agrees to comply with the conditions stated in the Work Letter attached hereto as Exhibit C same and incorporated hereby pursuant to the Approved Final Plans require its agents, employees, contractors, customers and invitees to be finalized and approved in accordance comply with the Work Letter and upon approval attached thereto. Any changes or modifications to the Approved Final Plans thereafter must be done in writing and signed by both Tenant and Landlord in accordance with the Work Letter. So long as in accordance with Article 19 of this Lease, Tenant agrees that Landlord shall be entitled to select, in its reasonable discretion and acting in good faith, all architects, engineers, contractors and material suppliers necessary to furnish the labor and materials for the construction of the Tenant Improvementssame. Landlord shall be have the sole contracting party right from time to time to amend or supplement these Rules and Regulations, and Tenant agrees to comply, and to require its agents, employees, contractors, customers and invitees to comply, with respect such amended or supplemented Rules and Regulations, provided that (a) notice of such amended or supplemental Rules and Regulations is given to Tenant, and (b) such amended or supplemental Rules and Regulations apply uniformly to all tenants of the Center. If Tenant or its subtenants, employees, agents, or invitees violate any of these Rules and Regulations, resulting in any damage to the employment Center or increased costs of contractors which perform the work necessary to construct the Tenant Improvements. Tenant shall not be entitled to access to the Leased Premises prior to the Date of Substantial Completion and Tenant shall not interfere with or impair in any material way the construction maintenance of the Tenant ImprovementsCenter, and any such interference or impairment shall be included within a Tenant Delay as defined in the Work Letter and shall entitle causing Landlord to all remedies provided herein for breach of this Lease. Prior incur expenses to enforce the Possession DateRules and Regulations, Tenant shall not enter into any contract for construction pay all such costs to Landlord. In the event of any improvements within conflict between the Leased Premises with Lease and these or any person other than Landlord without Landlord's prior written consent. Tenantamended or supplemental Rules and Regulations, at Tenant's expense, the provisions of the Lease shall obtain and maintain any and all necessary permits and licenses to enable Tenant to conduct Tenant’s Permitted Use, and the failure of Tenant to obtain or maintain same shall not in any manner affect the Tenant’s obligations hereunder. Landlord shall be solely responsible, at its cost and expense, for obtaining all permits and approvals related to the Tenant Improvementscontrol.
Appears in 2 contracts
Samples: Mabvax Therapeutics Holdings, Inc., Mabvax Therapeutics Holdings, Inc.
Tenant Improvements. Subject Landlord. Landlord shall construct Tenant's Interior Improvements to the terms Premises as follows: Landlord shall replace the approximately 13' x 11' tan/beige solid colored carpet with new carpet that matches the building standard quality and conditions hereof, Landlord agreessteam clean the remainder of the carpet. Tenant to choose the color of the new carpet. (b) Tenant Improvements - Tenant. Tenant is hereby granted the right, at its cost sole. cost, risk and expense to complete a “turnkey” construct interior build-out (“Tenant Improvements”) of the Leased Premises in accordance with the conditions stated in the Work Letter attached hereto as Exhibit C and incorporated hereby pursuant improvements to the Approved Final Plans to be finalized and approved in accordance with Premises. Lessee shall make the Work Letter and upon approval attached thereto. Any changes or modifications appropriate Tenant Improvements to the Approved Final Plans thereafter must be done Premises using permits and licensed contractors in writing and signed by both Tenant and Landlord in accordance with order to make the Work Letter. So long as in accordance with Article 19 of this Lease, Tenant agrees that Landlord shall be entitled Premises conducive to select, in its reasonable discretion and acting in good faith, all architects, engineers, contractors and material suppliers necessary to furnish the labor and materials for the construction of the Tenant Improvementsa medical laboratory. Landlord shall be has approved the sole contracting party with respect to the employment of contractors which perform the work necessary to construct the Tenant Improvements. following improvements; however, Tenant shall not be entitled committed in any way to access rrrake any of the aforementioned Improvements: Tenant to install a passage or point of ingress/egress into each, the adjacent office to the Leased Premises prior left and to the Date right of Substantial Completion the break room area; Tenant to plumb and Install sink(s) with hot or cold running water and drains to each of the rooms adjacent to the left and the right of the break room area; Tenant to remove existing carpeting and replace the carpeting with new non-carpet flooring or have the slab professionally treated and stained using commercial grade stain product. Landlord may also submit a bid for the improvements to the Premises. Tenant shall not interfere with or impair in any material way then have the construction option of selecting the Tenant Improvements, and any such interference or impairment shall be included within a Tenant Delay as defined in the Work Letter and shall entitle Landlord to all remedies provided herein for breach contractor of this Leaseits choice. Prior to the Possession DateShould tenant select its contractor, Tenant shall not enter into any then contract for construction of any improvements within with arid supervise the Leased Premises with any person other than Landlord without construction. Should Tenant elect to utilize Landlord's prior written consent. Tenantcontractor, at TenantTenant shall contract with Landlord's expense, contractor to perform the work and shall obtain and maintain any and all necessary permits and licenses to enable Tenant to conduct Tenant’s Permitted Use, and have the failure option of Tenant to obtain supervising the construction or maintain same shall not in any manner affect having Landlord supervise the Tenant’s obligations hereunder. Landlord shall be solely responsible, at its cost and expense, for obtaining all permits and approvals related to the Tenant Improvementsconstruction.
Appears in 2 contracts
Samples: Lease Agreement (Telomolecular Corp), Lease Agreement (Telomolecular Corp)
Tenant Improvements. Subject to Any initial Tenant Improvements (the terms and conditions hereof, Landlord agrees, at its cost and expense to complete a “turnkey” interior build-out (“Tenant Improvements”) that Tenant may desire to make in, to or upon the Premises, shall be made at Tenant’s sole cost and 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 (except trade fixtures) shall at once become a part of the Leased Premises and shall be surrendered to Landlord upon the expiration or sooner termination of this Lease. All work with respect to the Tenant Improvements 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. Any such Tenant Improvements shall be performed and done strictly in accordance with the conditions stated in the Work Letter attached hereto as Exhibit C laws and incorporated hereby pursuant to the Approved Final Plans to be finalized ordinances relating thereto, and approved in accordance with the Work Letter and upon approval attached theretorequirements of all carriers of insurance on the Premises. Any changes or modifications to In performing the Approved Final Plans thereafter must be done in writing and signed by both work of any such Tenant and Landlord in accordance with the Work Letter. So long as in accordance with Article 19 of this LeaseImprovements, Tenant agrees that Landlord to use a bondable contractor, which contractor shall be entitled to select, in its reasonable discretion and acting in good faith, all architects, engineers, contractors and material suppliers necessary to furnish the labor and materials for the construction either (1) one of the 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 the commencement of Tenant’s work, such approval not to be unreasonably withheld; and Tenant Improvementsshall have the work performed in such a manner so as not to obstruct the access of any other tenant in the Project. Before commencing any such work or construction in or about the Premises, Tenant shall notify Landlord in writing of the expected date of commencement thereof. Landlord shall be have the sole contracting party with respect right at any time and from time to time to post and maintain on the employment of contractors which perform the work Premises such notices as Landlord deems necessary to construct protect the Tenant ImprovementsPremises and Landlord from the liens of mechanics, laborers, materialmen, suppliers or vendors. Tenant shall not be entitled to access to the Leased Premises prior to the Date of Substantial Completion and Tenant shall not interfere with or impair in any material way the construction of the Tenant Improvements, and any such interference or impairment shall be included within a Tenant Delay as defined in the Work Letter and shall entitle Landlord to all remedies provided herein for breach of this Lease. Prior to the Possession Date, Tenant shall not enter into any contract for construction of any improvements within the Leased Premises with any person other than Landlord without END OF EXHIBIT B Landlord's prior written consent. Tenant, at Tenant's expense, shall obtain and maintain any and all necessary permits and licenses to enable Tenant to conduct ’s Initials CZ Tenant’s Permitted Use, and the failure of Tenant to obtain or maintain same shall not in any manner affect the Tenant’s obligations hereunder. Landlord shall be solely responsible, at its cost and expense, for obtaining all permits and approvals related to the Tenant Improvements.Initials HZ EXHIBIT F
Appears in 2 contracts
Samples: Terms and Conditions (Sientra, Inc.), Terms and Conditions (Sientra, Inc.)
Tenant Improvements. Subject Promptly following Delivery of each Additional Premises Floor, Tenant shall commence construction of the improvements Tenant desires to make therein prior to Tenant’s initial occupancy of the terms and conditions hereof, Landlord agrees, at its cost and expense to complete a “turnkey” interior build-out Additional Premises Floor (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 Additional Premises for the use(s) permitted hereunder, and shall not include the installation of Building Systems (as defined in Paragraph 4.b. of the Lease) 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 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 Leased Premises in accordance with introductory paragraph of Paragraph 25.b.6 shall remain 7.8%. Accordingly, the conditions stated example contained in the Work Letter attached hereto as Exhibit C and incorporated hereby pursuant to the Approved Final Plans to penultimate grammatical paragraph of Paragraph 25.b.6 would be finalized and approved in accordance with the Work Letter and upon approval attached thereto. Any changes or modifications to the Approved Final Plans thereafter must be done in writing and signed by both Tenant and Landlord in accordance with the Work Letter. So long as in accordance with Article 19 of this Leaserestated, Tenant agrees that Landlord shall be entitled to select, in its reasonable discretion and acting in good faith, all architects, engineers, contractors and material suppliers necessary to furnish the labor and materials for the construction of the Tenant Improvements. Landlord shall be the sole contracting party solely with respect to the employment Additional Premises, as follows: “By way of contractors which perform example, if, as of the work necessary 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 construct improve the Building) and (ii) Tenant Improvements. Tenant shall has not be entitled previously paid to access Landlord any Monthly Rent with respect to the Leased 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 Third Amendment) with respect to the Additional Premises prior to the Date of Substantial Completion and Tenant shall not interfere with or impair in any material way the construction of the Tenant Improvements, and any such interference or impairment shall be included within a Tenant Delay as defined date upon which Landlord completes Landlord’s Work in the Work Letter and shall entitle Landlord to all remedies provided herein for breach of this Lease. Prior Additional Premises, Tenant’s liability with respect to the Possession Date, Tenant shall not enter into any contract for construction Additional Premises would be limited to (x) 11.61% of any improvements within the Leased Premises with any person other than Landlord without Landlord's prior written consent. Tenant, at Tenant's expense, shall obtain and maintain any and all necessary permits and licenses to enable Tenant to conduct Tenant’s Permitted Use, and the failure $89,950,000.00 (i.e.,89.95% of Tenant to obtain Project Costs) or maintain same shall not in any manner affect the Tenant’s obligations hereunder. Landlord shall be solely responsible, at its cost and expense, for obtaining all permits and approvals related to the Tenant Improvementsapproximately $10,443,195.00.”
Appears in 2 contracts
Samples: Office Lease (Twitter, Inc.), Office Lease (Twitter, Inc.)
Tenant Improvements. Subject Tenant may also build certain additional improvements to the terms and conditions hereof, Landlord agrees, at its cost and expense to complete a “turnkey” interior build-out Premises (the “Tenant Improvements”) of the Leased Premises in accordance with the conditions stated ), as more particularly described in the Work Letter attached hereto as Exhibit C “E”. Landlord has included a Tenant Improvement allowance of Six Dollars ($6.00) per square foot of the Building (“TI Allowance”) (i.e., if the Building is 430,500 square feet, $2,583,000.00) for design, construction drawings, permits and incorporated hereby pursuant actual construction of the Tenant Improvements 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 Approved Final Plans extent Tenant has previously paid such amounts or directly to be finalized Tenant’s contractors, their subcontractors, and approved suppliers for the cost of any Tenant Improvements constructed or installed by such contractors, subcontractors, and/or suppliers. Landlord shall provide said disbursement within thirty (30) days after receipt of a written request for disbursement, provided that Tenant is in accordance compliance with the Work Letter 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 upon approval attached thereto(iv) Tenant is not in default of any of its obligations under this lease. Any changes or modifications to All Tenant Improvements shall be constructed in the Approved Final Plans thereafter must be done manner set forth in writing and signed by both Tenant and Landlord in accordance with the Work Letter. So long as in accordance with Article 19 of this Lease, Tenant agrees that Landlord All invoices shall be entitled subject to selecta ten percent (10%) retention to be held either under the applicable construction contract, in its reasonable discretion and acting in good faithor if no retention thereunder, all architects, engineers, contractors and material suppliers necessary to furnish by Landlord. Payment of the labor and materials for ten percent (10%) retention shall be made upon Landlord’s receipt of the construction “as-built” drawings of the Tenant Improvements. Landlord shall Invoices must be received by the sole contracting party with respect to the employment of contractors which perform the work necessary to construct the Tenant Improvements. Tenant shall not be entitled to access to the Leased Premises prior to the Date of Substantial Completion and Tenant shall not interfere with or impair in any material way the construction 5th of the Tenant Improvements, and any such interference or impairment shall month to be included paid within a Tenant Delay as defined in the Work Letter and shall entitle Landlord to all remedies provided herein for breach of this Lease. Prior to the Possession Date, Tenant shall not enter into any contract for construction of any improvements within the Leased Premises with any person other than Landlord without Landlord's prior written consent. Tenant, at Tenant's expense, shall obtain and maintain any and all necessary permits and licenses to enable Tenant to conduct Tenant’s Permitted Use, and the failure of Tenant to obtain or maintain same shall not in any manner affect the Tenant’s obligations hereunder. Landlord shall be solely responsible, at its cost and expense, for obtaining all permits and approvals related to the Tenant Improvementsthirty (30) days.
Appears in 2 contracts
Samples: Lease Agreement (Blue Apron Holdings, Inc.), Lease Agreement (Blue Apron Holdings, Inc.)
Tenant Improvements. Subject to the terms and conditions hereof, Landlord agreesAll Tenant Improvements shall be performed by Tenant’s contractor, at its Tenant’s sole cost and expense (subject to complete a “turnkey” interior build-out (“Tenant Improvements”) Landlord’s obligations with respect to any portion of the Leased Premises TI Allowance) and in accordance with the conditions stated in Approved Plans (as defined below), the Work Letter attached hereto as Exhibit C Lease and incorporated hereby pursuant to the Approved Final Plans to be finalized and approved in accordance with the Work Letter and upon approval attached thereto. Any changes or modifications to the Approved Final Plans thereafter must be done in writing and signed by both Tenant and Landlord in accordance with the this Work Letter. So long To the extent that the total projected cost of the Tenant Improvements (as projected by Landlord) exceeds the TI Allowance (such excess, the “Excess TI Costs”), Tenant shall pay the costs of the Tenant Improvements on a pari passu basis with Landlord as such costs become due, in the proportion of Excess TI Costs payable by Tenant to the TI Allowance payable by Landlord. If the cost of the Tenant Improvements (as projected by Landlord) increases over Landlord’s initial projection, then Landlord may notify Tenant and Tenant shall 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 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 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 shall be new or “like new;” the Tenant Improvements shall be performed in a first-class, workmanlike manner; and the quality of the Tenant Improvements shall be of a nature and character not less than the Building Standard. Tenant shall take, and shall require its contractors to take, commercially reasonable steps to protect the Premises during the performance of any Tenant Improvements, including covering or temporarily removing any window coverings so as to guard against dust, debris or damage. All Tenant Improvements shall be performed in accordance with Article 19 17 of the Lease; provided that, notwithstanding anything in the Lease or this Lease, Tenant agrees that Landlord shall be entitled Work Letter to selectthe contrary, in its reasonable discretion and acting in good faith, all architects, engineers, contractors and material suppliers necessary to furnish the labor and materials for the construction event of the Tenant Improvements. Landlord shall be the sole contracting party with respect to the employment of contractors which perform the work necessary to construct the Tenant Improvements. Tenant shall not be entitled to access to the Leased Premises prior to the Date of Substantial Completion and Tenant shall not interfere with or impair in any material way the construction of the Tenant Improvements, and any such interference or impairment shall be included within a Tenant Delay as defined in the conflict between this Work Letter and shall entitle Landlord to all remedies provided herein for breach Article 17 of the Lease, the terms of this Lease. Prior to the Possession Date, Tenant Work Letter shall not enter into any contract for construction of any improvements within the Leased Premises with any person other than Landlord without Landlord's prior written consent. Tenant, at Tenant's expense, shall obtain and maintain any and all necessary permits and licenses to enable Tenant to conduct Tenant’s Permitted Use, and the failure of Tenant to obtain or maintain same shall not in any manner affect the Tenant’s obligations hereunder. Landlord shall be solely responsible, at its cost and expense, for obtaining all permits and approvals related to the Tenant Improvementsgovern.
Appears in 2 contracts
Samples: Lease (Pandion Therapeutics Holdco LLC), Lease (Pandion Therapeutics Holdco LLC)
Tenant Improvements. Subject to the terms and conditions hereof, Landlord agreesshall install, at its cost and expense to complete a “turnkey” interior build-out Landlord's expense, the tenant improvements (“hereinafter the "Tenant Improvements”") of in a good and workmanlike manner using only first-class materials and in compliance with Governmental Regulations as defined in Paragraph 16, set forth in both the Leased Premises in accordance with the conditions stated in the Work Letter Tenant Improvement Specifications attached hereto as Exhibit C C-1, the construction drawings attached hereto as Exhibit C-2, and incorporated hereby pursuant the landscaping plan attached hereto as Exhibit C-3. Notwithstanding anything to the Approved Final Plans to be finalized and approved contrary contained in accordance with the Work Letter and upon approval attached thereto. Any changes or modifications to the Approved Final Plans thereafter must be done in writing and signed by both Tenant and Landlord in accordance with the Work Letter. So long as in accordance with Article 19 of this Lease, Tenant agrees that the Landlord shall be entitled diligently endeavor to select, in its reasonable discretion complete (except for punch list items) satisfactory to the Tenant and acting in good faith, all architects, engineers, contractors and material suppliers necessary to furnish the labor and materials for Landlord the so-called "manufacturing area" designated on the construction drawings attached hereto as Exhibit C-2 (the "Manufacturing Area") on or before sixty (60) calendar days from the full execution of this Lease Agreement. Upon completion, the Landlord will notify the Tenant Improvements. Landlord shall be the sole contracting party with respect to the employment that a written approval of contractors occupancy from Xxxxxx County has been obtained at which perform the work necessary to construct time the Tenant Improvements. Tenant shall not be entitled have the option to access to occupy the Leased Premises Manufacturing Area at any time prior to the Date of Substantial Completion and Commencement Date. If occupied by the Tenant prior to the Commencement Date, the Tenant shall not interfere with or impair pay the pro rata Base Rental and all other charges specified in any material way this Lease for the construction period from such occupancy to the Commencement Date based on the ratio of the Tenant Improvements, and any such interference or impairment leasable square footage of the Manufacturing Space to the leasable square footage of the Premises which amounts shall be included within a Tenant Delay as defined due and payable on the Commencement Date. All references in this Lease to the Work Letter and shall entitle Landlord to all remedies provided herein for breach term of this Lease. Prior Lease shall include the period from such occupancy to the Possession Commencement Date, Tenant shall not enter into any contract for construction of any improvements within the Leased Premises with any person other than Landlord without Landlord's prior written consent. Tenant, at Tenant's expense, shall obtain and maintain any and all necessary permits and licenses to enable Tenant to conduct Tenant’s Permitted Use, and the failure of Tenant to obtain or maintain same shall not in any manner affect the Tenant’s obligations hereunder. Landlord shall be solely responsible, at its cost and expense, for obtaining all permits and approvals related to the Tenant Improvements.
Appears in 2 contracts
Samples: Lease Agreement (Entrada Networks Inc), Lease Agreement (Sync Research Inc)
Tenant Improvements. Subject All Tenant Improvements shall be performed by Tenant’s contractor, at Tenant’s sole cost and expense (subject to Landlord’s obligations with respect to any portion of the Base TI Allowance and, if properly requested by Tenant pursuant to the terms and conditions hereof, Landlord agrees, at its cost and expense to complete a “turnkey” interior build-out (“Tenant Improvements”) of the Leased Premises Lease, the Additional TI Allowance) and in accordance with the conditions stated in Approved Plans (as defined below), the Work Letter attached hereto as Exhibit C Lease and incorporated hereby pursuant to the Approved Final Plans to be finalized and approved in accordance with the Work Letter and upon approval attached thereto. Any changes or modifications to the Approved Final Plans thereafter must be done in writing and signed by both Tenant and Landlord in accordance with the this Work Letter. So long To the extent that the total projected cost of the Tenant Improvements (as in accordance with Article 19 of this Leaseprojected by Landlord) exceeds the TI Allowance (such excess, the “Excess TI Costs”), Tenant agrees that shall pay the costs of the Tenant Improvements prior to Landlord’s expenditure of all or any portion of the TI Allowance. If the cost of the Tenant Improvements (as projected by Landlord) increases over Landlord’s initial projection, then Landlord shall be entitled to select, in its reasonable discretion may notify Tenant and acting in good faith, all architects, engineers, contractors and material suppliers necessary to furnish cease funding any TI Allowance until Tenant has paid such additional Excess TI Costs towards the labor and materials for the construction costs of the Tenant Improvements. 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 any litigation instituted with regard to such amounts the same shall be the sole contracting party with respect to the employment of considered Rent. All material and equipment furnished by Tenant or its contractors which perform the work necessary to construct as the Tenant ImprovementsImprovements shall be new or “like new;” the Tenant Improvements shall be performed in a first-class, workmanlike manner; and the quality of the Tenant Improvements shall be of a nature and character not less than the Building Standard. Tenant shall not be entitled take, and shall require its contractors to access take, commercially reasonable steps to protect the Leased Premises prior to during the Date performance of Substantial Completion and Tenant shall not interfere with or impair in any material way the construction of the Tenant Improvements, and including covering or temporarily removing any such interference window coverings so as to guard against dust, debris or impairment damage. All Tenant Improvements shall be included within a Tenant Delay as defined performed in accordance with Article 17 of the Lease; provided that, notwithstanding anything in the Lease or this Work Letter to the contrary, in the event of a conflict between this Work Letter and shall entitle Landlord to all remedies provided herein for breach Article 17 of the Lease, the terms of this Lease. Prior to the Possession Date, Tenant Work Letter shall not enter into any contract for construction of any improvements within the Leased Premises with any person other than Landlord without Landlord's prior written consent. Tenant, at Tenant's expense, shall obtain and maintain any and all necessary permits and licenses to enable Tenant to conduct Tenant’s Permitted Use, and the failure of Tenant to obtain or maintain same shall not in any manner affect the Tenant’s obligations hereunder. Landlord shall be solely responsible, at its cost and expense, for obtaining all permits and approvals related to the Tenant Improvementsgovern.
Appears in 2 contracts
Samples: Lease (Spark Therapeutics, Inc.), Lease (Spark Therapeutics, Inc.)
Tenant Improvements. Subject to the terms and conditions hereof, Landlord agreesAll Tenant Improvements shall be performed by Tenant’s contractor, at its Tenant’s sole cost and expense (subject to complete a “turnkey” interior build-out (“Tenant Improvements”) Landlord’s obligations with respect to any portion of the Leased Premises TI Allowance and in accordance with the conditions stated in Approved Plans (as defined below), the Work Letter attached hereto as Exhibit C and incorporated hereby pursuant to Schedule, the Approved Final Plans Budget, the Amended Lease and this Work Letter. To the extent that the total projected cost of the Tenant Improvements (as projected by Landlord) exceeds the TI Allowance (such excess, the “Excess TI Costs”), Tenant shall advance to be finalized and approved Landlord any Excess TI Costs within ten (10) days after receipt of an invoice therefor, but in accordance with any case before Tenant commences the Work Letter and upon approval attached theretoTenant Improvements. Any changes or modifications to the Approved Final Plans thereafter must actual Excess TI Costs shall be done in writing and signed distributed by both Tenant and Landlord in accordance with Section 6.3. If the Work Letter. So long as in accordance with Article 19 of this Leaseactual Excess TI Costs are less than the Excess TI Costs paid by Tenant to Landlord, Tenant agrees that Landlord shall be entitled to selectcredit Tenant with the overage paid by Tenant against Tenant’s rent obligations, in its reasonable discretion and acting in good faith, all architects, engineers, contractors and material suppliers necessary to furnish beginning after Landlord has completed the labor and materials final accounting for the construction of the Tenant Improvements. If the cost of the Tenant Improvements (as projected by Landlord) increases over Landlord’s initial projection, then Landlord may notify Tenant and Tenant shall deposit any additional Excess TI Costs with Landlord in the 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 Work Letter, then Landlord shall have all of the rights and remedies set forth in the Amended 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 the sole contracting party with respect to the employment of considered rent. All material and equipment furnished by Tenant or its contractors which perform the work necessary to construct as the Tenant ImprovementsImprovements shall be new or “like new;” the Tenant Improvements shall be performed in a first-class, workmanlike manner; and the quality of the Tenant Improvements shall be of a nature and character not less than the Building standard. Tenant shall not be entitled take, and shall require its contractors to access take, commercially reasonable steps to protect the Leased Premises prior to during the Date performance of Substantial Completion and Tenant shall not interfere with or impair in any material way the construction of the Tenant Improvements, and including covering or temporarily removing any such interference window coverings so as to guard against dust, debris or impairment shall be included within a Tenant Delay as defined in the Work Letter and shall entitle Landlord to all remedies provided herein for breach of this Lease. Prior to the Possession Date, Tenant shall not enter into any contract for construction of any improvements within the Leased Premises with any person other than Landlord without Landlord's prior written consent. Tenant, at Tenant's expense, shall obtain and maintain any and all necessary permits and licenses to enable Tenant to conduct Tenant’s Permitted Use, and the failure of Tenant to obtain or maintain same shall not in any manner affect the Tenant’s obligations hereunder. Landlord shall be solely responsible, at its cost and expense, for obtaining all permits and approvals related to the Tenant Improvementsdamage.
Appears in 2 contracts
Samples: Lease (Locust Walk Acquisition Corp.), Trovagene, Inc.
Tenant Improvements. Subject On or before the Sublease Commencement Date, Sublandlord shall complete the alterations and improvements to the terms Hangar and conditions hereof, Landlord agrees, at its cost and expense to complete a “turnkey” interior build-out (“Tenant Improvements”) of the Leased Premises in accordance with the conditions stated fuel farm described in the Work Letter plans, specifications and other documents collectively attached hereto as Exhibit C “D” and incorporated hereby pursuant to the Approved Final Plans made a part hereof (“Sublandlord’s Work”). Sublandlord agrees that: (a) Sublandlord shall prepare or cause to be finalized prepared all construction drawings, plans and/or specifications necessary to complete Sublandlord’s Work; (ii) Sublandlord shall obtain all necessary permits, certificates or other governmental approvals for Sublandlord’s Work; (iii) all work, materials and approved in accordance with the equipment incorporated into Sublandlord’s Work Letter will be of good quality, new and upon approval attached thereto. Any changes or modifications to the Approved Final Plans thereafter must be done in writing and signed by both Tenant and Landlord in accordance with the free of defects; (iv) Sublandlord’s Work Letter. So long as in accordance with Article 19 of this Lease, Tenant agrees that Landlord shall be entitled to selectperformed and completed in compliance with all applicable laws, codes, rules and regulations. Upon substantial completion of Sublandlord’s Work, Sublandlord and Subtenant shall mutually inspect Sublandlord’s Work and agree on a punch list of cosmetic, finish or similar minor items or mechanical adjustments that require completion. Sublandlord shall complete such punch list items as promptly as practicable after such inspection. Subtenant shall reimburse Sublandlord for Subtenant’s Prorata Share of all costs incurred by Sublandlord in its reasonable discretion completing Sublandlord’s Work, including architectural, engineering and acting in good faithconstruction costs, all architectswithin thirty (30) days after receipt of Sublandlord’s invoice, engineers, contractors and material suppliers necessary to furnish the labor and materials for the construction of the Tenant Improvements. Landlord which shall be the sole contracting party with respect to the employment of contractors which perform the work necessary to construct the Tenant Improvements. Tenant shall not be entitled to access to the Leased Premises prior to the Date of Substantial Completion and Tenant shall not interfere with or impair in any material way the construction of the Tenant Improvements, and any such interference or impairment shall be included within a Tenant Delay as defined in the Work Letter and shall entitle Landlord to all remedies provided herein for breach of this Lease. Prior to the Possession Date, Tenant shall not enter into any contract for construction of any improvements within the Leased Premises with any person other than Landlord without Landlord's prior written consent. Tenant, at Tenant's expense, shall obtain and maintain any and all necessary permits and licenses to enable Tenant to conduct Tenant’s Permitted Use, and the failure of Tenant to obtain or maintain same shall not in any manner affect the Tenant’s obligations hereunder. Landlord shall be solely responsible, at its cost and expense, for obtaining all permits and approvals related to the Tenant Improvementsaccompanied by reasonable supporting documentation.
Appears in 2 contracts
Samples: Sublease Agreement (Progressive Corp/Oh/), Sublease Agreement (Progressive Corp/Oh/)
Tenant Improvements. Subject to Each Additional Space shall initially be delivered by Landlord and accepted by Tenant in its “as-is” condition. Following the terms and conditions hereofDelivery Date for each Additional Space, Landlord agrees, at its cost and expense to complete shall provide Tenant with a tenant improvement allowance (the “turnkey” interior build-out TI Allowance”) of $15.00 per usable square foot for tenant improvements (the “Tenant Improvements”) to be made by Landlord to (but only to) such Additional Space. The TI Allowance for one Additional Space shall not be used for another Additional Space, and the installation of the Leased Premises Tenant Improvements shall not delay the Delivery Date or the commencement of Basic Monthly Rent for such Additional Space, which Basic Monthly Rent shall, in accordance with all events, commence on the conditions stated in Delivery Date. The Parties shall exert good faith, commercially reasonable efforts to agree as soon as reasonably practicable on the Work Letter attached hereto as Exhibit C Tenant Improvements for each Additional Space and incorporated hereby pursuant to the Approved Final Plans to a budget therefor. Such agreed on Tenant Improvements shall then be finalized and approved in accordance with the Work Letter and upon approval attached thereto. Any changes or modifications to the Approved Final Plans thereafter must be done in writing and signed made by both Tenant and Landlord in accordance with such budget as soon as reasonably practicable after such agreement. The construction reasonably required to complete the Work Letter. So long as in accordance with Article 19 of this Tenant Improvements shall not lessen or otherwise affect Tenant’s rent obligations under the Lease, as amended by this Amendment, and such construction is intended to occur within the first four (4) months after the Delivery Date of the Additional Space concerned. Tenant agrees that shall pay to Landlord shall be entitled to selectall costs and expenses incurred by Landlord in connection with the Tenant Improvements, in its reasonable discretion together with a project management fee of five percent (5%) of such costs and acting in good faithexpenses, all architects, engineers, contractors and material suppliers necessary to furnish less the labor and materials TI Allowance for the Additional Space concerned, within ten (10) days after the date of an invoice therefor, which invoice may be delivered prior to the commencement of construction of the Tenant ImprovementsImprovements concerned; provided, however, that space planning will be provided by Landlord at no cost to Tenant. Landlord 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 (1) year after the Delivery Date for such Additional Space, such TI Allowance or such portion that is not used shall be the sole contracting party with respect to the employment of contractors which perform the work necessary to construct the Tenant Improvements. Tenant shall not be entitled to access to the Leased Premises prior to the Date of Substantial Completion and Tenant shall not interfere with or impair in any material way the construction of the Tenant Improvements, and any such interference or impairment shall be included within a Tenant Delay as defined in the Work Letter lost and shall entitle Landlord no longer be available to all remedies provided herein for breach of this Lease. Prior to the Possession Date, Tenant shall not enter into any contract for construction of any improvements within the Leased Premises with any person other than Landlord without Landlord's prior written consent. Tenant, at Tenant's expense, shall obtain and maintain any and all necessary permits and licenses to enable Tenant to conduct Tenant’s Permitted Use, and the failure of Tenant to obtain or maintain same shall not in any manner affect the Tenant’s obligations hereunder. Landlord shall be solely responsible, at its cost and expense, for obtaining all permits and approvals related to the Tenant Improvements.
Appears in 2 contracts
Samples: Office Lease (Cricut, Inc.), Office Lease (Cricut, Inc.)
Tenant Improvements. Subject to the terms and conditions hereof, Landlord agrees, at its cost and expense to complete a “turnkey” interior build-out (“Tenant Improvements”) of the Leased Premises in accordance with the conditions stated in the Work Letter attached hereto as Exhibit C and incorporated hereby pursuant to the Approved Final Plans to be finalized and approved in accordance with the Work Letter and upon approval attached thereto. Any changes or modifications to the Approved Final Plans thereafter must be done in writing and signed by both Tenant and Landlord in accordance with the Work Letter. So long as in accordance with Article 19 of this LeaseUnless specified otherwise herein, Tenant agrees that Landlord shall be entitled to select, in its reasonable discretion bear and acting in good faith, all architects, engineers, contractors and material suppliers necessary to furnish pay the labor and materials for the construction cost of the Tenant Improvements (which cost shall include, without limitation, the costs of construction as provided for in the Tenant Improvement Contractor’s contract, the cost of permits, and all architectural, design, space planning, and 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 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 account of cubicle costs), which shall be the sole contracting party with respect to the employment of contractors which perform the work necessary to construct the Tenant Improvements. Tenant shall not be entitled to access to the Leased Premises prior to the Date of Substantial Completion and Tenant shall not interfere with or impair paid by Landlord without any increase in any material way the construction component of the Base Monthly Rent. The Tenant Improvement Allowance shall be utilized only for Tenant Improvements, and any such interference or impairment shall be included available to Tenant only until December 31, 2007, after which Landlord shall have no further obligation to provide any portion of the Tenant 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 a thirty (30) days of receipt thereof make progress payments from the Tenant Delay as defined Improvement Allowance to Tenant or the applicable contractor or subcontractor (but in no event more than $9 per rentable square foot for the Work Letter and shall entitle Landlord applicable space under construction). The cost of the Tenant improvements (including but not limited to all remedies provided herein for breach of this Lease. Prior to the Possession Dateforegoing fees and costs) in excess of the Tenant Improvement Allowance, Tenant shall not enter into any contract for construction of any improvements within the Leased Premises with any person other than Landlord without Landlord's prior written consent. Tenant, at Tenant's expenseif any, shall obtain and maintain any and all necessary permits and licenses to enable Tenant to conduct be paid entirely by Tenant’s Permitted Use, and the failure of Tenant to obtain or maintain same shall not in any manner affect the Tenant’s obligations hereunder. Landlord shall be solely responsible, at its cost and expense, for obtaining all permits and approvals related to the Tenant Improvements.
Appears in 2 contracts
Samples: Lease (Cardiodx Inc), Lease (Cardiodx Inc)
Tenant Improvements. Subject Tenant shall not make or allow to be made any structural alterations or physical additions in or to the terms Leased Premises (“Tenant Alterations”) without complying with all Legal Requirements and conditions hereofwithout first obtaining the written consent of Landlord. Consent may be conditioned upon review and approval of plans and specifications and monitoring of construction by Landlord, Landlord’s consultants or any manufacturer providing any original components of the Leased Premises. Landlord’s review of Tenant’s plans and specifications and monitoring of construction shall be solely for Landlord’s benefit and shall impose no duty or obligation on Landlord agreesto confirm that the plans and specifications and/or construction comply with any Legal Requirements. Any Tenant Alterations shall be made or performed at Tenant’s sole cost and expense by a contractor or contractors acceptable to Landlord and in a good, workmanlike and lien free manner. All Tenant Alterations are the property of Landlord and must be surrendered to Landlord upon the termination of this Lease without credit to Tenant; provided, however, Landlord, at its cost and expense option, at the time Landlord’s consent is granted, may designate in writing to complete a “turnkey” interior build-out (“Tenant Improvements”) of that Tenant remove certain Tenant Alterations in order to restore the Leased Premises to the condition existing at the time Tenant took possession, all costs of removal to be borne by Tenant. This clause does not apply to moveable equipment, fixtures or furniture owned by Tenant, which may be removed by Tenant at the end of the Term, provided such removal can he accomplished without material damage to the Leased Premises. Upon completion of any Tenant Alterations, Tenant shall provide Landlord with “as built plans” (on CAD form), copies of all construction contracts and proof of payment for all labor and materials (including lien waivers). To defer the cost to Landlord associated with Tenant Alterations and confirming that such improvements are in accordance with the conditions stated terms of this Lease and comply with all Legal Requirements, Tenant shall reimburse Landlord within thirty (30) days after notice and supporting documentation, as Additional Rent, any sums expended by Landlord for third party examination of the architectural, mechanical, electrical and plumbing plans for any Tenant Alterations. Tenant, at its own cost and expense and without Landlord’s prior approval, may erect such shelves, machinery and trade fixtures (collectively “Trade Fixtures”) in the Work Letter attached hereto as Exhibit C and incorporated hereby pursuant ordinary course of its business provided that such items do not alter the basic character of the Leased Premises, do not overload or damage the Leased Premises, may be removed without injury to the Approved Final Plans to be finalized Leased Premises, and approved in accordance the construction, erection, and installation thereof complies with the Work Letter all Legal Requirements and upon approval attached theretowith Landlord’s requirements set forth above. Any changes Upon expiration or modifications to the Approved Final Plans thereafter must be done in writing and signed by both Tenant and Landlord in accordance with the Work Letter. So long as in accordance with Article 19 of earlier termination or this Lease, Tenant agrees that Landlord shall be entitled to select, in remove its reasonable discretion and acting in good faith, all architects, engineers, contractors and material suppliers necessary to furnish the labor and materials for the construction of the Tenant Improvements. Landlord shall be the sole contracting party with respect to the employment of contractors which perform the work necessary to construct the Tenant Improvements. Tenant shall not be entitled to access to the Leased Premises prior to the Date of Substantial Completion and Tenant shall not interfere with or impair in any material way the construction of the Tenant Improvements, and any such interference or impairment shall be included within a Tenant Delay as defined in the Work Letter Trade Fixtures and shall entitle Landlord to all remedies provided herein for breach of this Lease. Prior to the Possession Date, Tenant shall not enter into repair any contract for construction of any improvements within the Leased Premises with any person other than Landlord without Landlord's prior written consent. Tenant, at Tenant's expense, shall obtain and maintain any and all necessary permits and licenses to enable Tenant to conduct Tenant’s Permitted Use, and the failure of Tenant to obtain or maintain same shall not in any manner affect the Tenant’s obligations hereunder. Landlord shall be solely responsible, at its cost and expense, for obtaining all permits and approvals related to the Tenant Improvementsdamage caused by such removal.
Appears in 2 contracts
Samples: Lease Agreement (Oxford Immunotec Global PLC), Lease Agreement (Oxford Immunotec Global PLC)
Tenant Improvements. Subject to Landlord shall solicit bids for the terms and conditions hereof, Landlord agrees, at its cost and expense to complete a “turnkey” interior build-out Tenant Improvements from no less than three (“Tenant Improvements”3) of the Leased Premises in accordance with the conditions stated in the Work Letter attached hereto but not more than five (5) general contractors as Exhibit C and incorporated hereby pursuant to the Approved Final Plans to be finalized and mutually approved in accordance with the Work Letter and upon approval attached thereto. Any changes or modifications to the Approved Final Plans thereafter must be done in writing and signed by both Tenant and Landlord (which may include some or all of the general contractors listed in accordance the definition of "Contractor" above). All subcontracted work (except for fire alarm, Building automation system(s) connections, Building roof work and work associated with existing warranties) will be competitively bid by a minimum of three (3) qualified subcontractors in each trade of work. Tenant and Landlord will 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 Work Letterand making advances to Contractor from the Improvement Allowance. So long as The Tenant Improvements, pursuant to a construction contract that will provide for Substantial Completion to occur within the time period provided for in accordance with Article 19 the Timeline and deliver possession of this Leasethe Expansion Space to Tenant. Tenant will be responsible for all direct and indirect costs of the design and construction of the Tenant Improvements. Such costs may include, Tenant agrees that Landlord shall be entitled to select, in its reasonable discretion and acting in good faithwithout limitation, all architectscosts of preparing the Space Plan, engineersconstruction document preparation, contractors design, Plans and material suppliers necessary 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 Improvements and moving costs (not to furnish exceed $37,360.05). If the labor and materials contracts for the construction of the Tenant ImprovementsImprovements will exceed the Improvement Allowance, Tenant shall pay such excess in full. Landlord 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. Work shall be the sole contracting party with respect deemed to the employment of contractors which perform the work necessary to construct the Tenant Improvementscompleted upon Substantial Completion. Tenant shall not be entitled hereby elects in writing to access to the Leased Premises prior to the Date of Substantial Completion and Tenant shall not interfere with or impair in any material way have Landlord's construction manager, Xxxxxxx Xxxxxx, manage the construction of the Tenant Improvements, Improvements for this phase and any agrees that such interference or impairment construction manager shall be included within receive a Tenant Delay as defined fee for such services in an amount equal to three percent (3%) of the Work Letter and shall entitle Landlord to all remedies provided herein for breach hard costs of this Lease. Prior to the Possession Date, Tenant shall not enter into any contract for construction of any improvements within the Leased Premises with any person other than Landlord without Landlord's prior written consent. Tenant, at Tenant's expense, shall obtain and maintain any and all necessary permits and licenses to enable Tenant to conduct Tenant’s Permitted Use, and the failure of Tenant to obtain or maintain same shall not in any manner affect the Tenant’s obligations hereunder. Landlord shall be solely responsible, at its cost and expense, for obtaining all permits and approvals related to the Tenant Improvementsconstruction.
Appears in 2 contracts
Samples: Office Lease Agreement, Office Lease Agreement (FSP Galleria North Corp)
Tenant Improvements. Subject Tenant shall make certain alterations, additions or improvements to the terms Premises in accordance with plans and conditions hereofspecifications to be reviewed and approved by Landlord as set forth in Paragraph 6.5 and this Paragraph 2.3 (as used herein, Landlord agrees, at its cost and expense to complete a “turnkey” interior build-out (the “Tenant Improvements”) of ), at its sole cost and expense. Landlord may, but shall not be required to, engage a local construction manager to supervise such Tenant Improvements and such construction manager shall have full access to the Leased Premises in accordance connection with such supervision. The Tenant Improvements shall be performed by a Washington licensed and 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 conditions stated in the Work Letter attached hereto as Exhibit C Tenant Improvements (collectively, “Tenant’s Preliminary Plans”) to Landlord for Landlord’s review and incorporated hereby pursuant approval, which shall not be unreasonably withheld, conditioned or delayed. Landlord shall, within ten (10) business days after receipt thereof, either provide comments to the Approved Final or approve Tenant’s Preliminary Plans. Landlord shall be deemed to have disapproved Tenant’s Preliminary Plans if Landlord does not timely provide its comments thereto. If Landlord provides Tenant 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 finalized and repeated, if necessary, until Xxxxxx’s Preliminary Plans for the Tenant Improvements have been finally approved in accordance with the Work Letter and upon approval attached thereto. Any changes or modifications to the Approved Final Plans thereafter must be done in writing and signed by both Tenant and Landlord in accordance with (upon such approval, the Work Letter“Tenant’s Final Plans”). So long as in accordance with Article 19 of this Lease, Tenant Xxxxxx agrees that Landlord ii shall be entitled to select, in its reasonable discretion and acting in good faith, all architects, engineers, contractors and material suppliers necessary to furnish the labor and materials for the not commence construction of the Tenant ImprovementsImprovements or any portion thereof until Tenant’s Final Plans have been finally approved by Landlord. Landlord The Tenant Improvements shall be the sole contracting party comply with respect to the employment of contractors which perform the work necessary to construct the Tenant Improvements. Tenant shall not be entitled to access to the Leased Premises prior to the Date of Substantial Completion and Tenant shall not interfere with or impair in any material way the construction of the Tenant ImprovementsTenant’s Final Plans, all Applicable Laws, and any such interference or impairment shall be included within a Tenant Delay as defined in the Work Letter and shall entitle Landlord to all remedies provided herein for breach of this Lease. Prior to the Possession Date, Tenant shall not enter into any contract for construction of any improvements within the Leased Premises with any person other than Landlord without Landlord's prior written consent. Tenant, at Tenant's expense, shall obtain and maintain any and all necessary permits and licenses to enable Tenant to conduct Tenant’s Permitted Use, and the failure of Tenant to obtain or maintain same shall not in any manner affect the Tenant’s obligations hereunder. Landlord shall be solely responsible, at its cost and expense, for obtaining all permits and approvals related to the Tenant Improvementsgovernmental approvals.
Appears in 2 contracts
Tenant Improvements. Subject to the terms and conditions hereof, Landlord agreesAll Tenant Improvements shall be performed by Tenant’s contractor, at its Tenant’s sole cost and expense (subject to complete a “turnkey” interior build-out (“Tenant Improvements”) Landlord’s obligations with respect to any portion of the Leased Premises TI Allowance and in accordance with the conditions stated in Approved Plans (as defined below), the Work Letter attached hereto as Exhibit C Lease and incorporated hereby pursuant to the Approved Final Plans to be finalized and approved in accordance with the Work Letter and upon approval attached thereto. Any changes or modifications to the Approved Final Plans thereafter must be done in writing and signed by both Tenant and Landlord in accordance with the this Work Letter. So long To the extent that the total projected cost of the Tenant Improvements (as projected by Landlord) exceeds the TI Allowance (such excess, the “Excess TI Costs”), Tenant shall pay the costs of the Tenant Improvements on a pari passu basis with Landlord as such costs become due, in the proportion of Excess TI Costs payable by Tenant to the base 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 Tenant shall 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 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 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 shall be new or “like new;” the Tenant Improvements shall be performed in a first-class, workmanlike manner; and the quality of the Tenant Improvements shall be of a nature and character not less than the Building Standard. Tenant shall take, and shall require its contractors to take, commercially reasonable steps to protect the Premises during the performance of any 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 be performed in accordance with Article 19 17 of the Lease; provided that, notwithstanding anything in the Lease or this Lease, Tenant agrees that Landlord shall be entitled Work Letter to selectthe contrary, in its reasonable discretion and acting in good faith, all architects, engineers, contractors and material suppliers necessary to furnish the labor and materials for the construction event of the Tenant Improvements. Landlord shall be the sole contracting party with respect to the employment of contractors which perform the work necessary to construct the Tenant Improvements. Tenant shall not be entitled to access to the Leased Premises prior to the Date of Substantial Completion and Tenant shall not interfere with or impair in any material way the construction of the Tenant Improvements, and any such interference or impairment shall be included within a Tenant Delay as defined in the conflict between this Work Letter and shall entitle Landlord to all remedies provided herein for breach Article 17 of the Lease, the terms of this LeaseWork Letter shall govern. Prior to the Possession DateIf applicable, Tenant shall not enter into any contract for construction of any improvements within the Leased Premises with any person other than Landlord without Landlord's prior written consent. Tenant, at Tenant's expense, shall obtain all vivarium or critical operation areas must have dedicated HVAC and maintain any and all necessary permits and licenses to enable Tenant to conduct Tenant’s Permitted Use, and the failure of Tenant to obtain or maintain same shall not in any manner affect the Tenant’s obligations hereunder. Landlord shall be solely responsible, at its cost and expense, for obtaining all permits and approvals related to the Tenant Improvementselectrical systems serving those areas.
Appears in 2 contracts
Samples: Lease (Oncorus, Inc.), Lease (Oncorus, Inc.)
Tenant Improvements. Subject Landlord and Tenant 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 terms Landlord’s architects and conditions hereofengineers 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 agreesshall promptly cause the Working Drawings to be revised 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 its sole cost and expense to complete a “turnkey” interior build-out expenses (except as expressly provided in this Tenant Work Letter), shall construct the improvements in the Premises (the “Tenant Improvements”) of the Leased Premises in accordance with the conditions stated in the Work Letter attached hereto as Exhibit C using Building standard methods, materials, and incorporated hereby finishes pursuant to the Approved Final Plans to be finalized and approved in accordance with the Work Letter and upon approval attached theretoWorking Drawings. Any Tenant shall make no changes or modifications to (i) the Space Plan or (ii) once completed and approved, the Approved Final Plans thereafter must Working Drawings, without the prior written consent of Landlord, which consent may be done withheld in writing and signed by both 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 and Landlord in accordance with the Work Letter. So long as in accordance with Article 19 of this Lease, Tenant agrees that Landlord shall be entitled to select, in its reasonable discretion and acting in good faith, all architects, engineers, contractors and material suppliers necessary to furnish the labor and materials for the construction of the Tenant Improvements. Landlord shall be Premises or increase the sole contracting party with respect to the employment cost of contractors which perform the work necessary to construct the Tenant Improvements. Tenant shall not be entitled to access to the Leased Premises prior to the Date of Substantial Completion and Tenant shall not interfere with designing or impair in any material way the construction of constructing the Tenant Improvements, and provided, however, that if Tenant agrees in writing that any such interference or impairment delay shall be included within a “Tenant Delay as delay” subject to Section 4.2 of this Tenant Work Letter and/or Tenant agrees in writing to deposit such additional costs with Landlord or apply the Improvement Allowance (defined in Section 2.2 below), then Landlord shall not unreasonably withhold, condition or delay its approval to such changes. On the Work Letter and shall entitle Landlord to all remedies provided herein for breach of this Lease. Prior to the Possession Lease Commencement Date, Tenant shall not enter into any contract for construction of any improvements within the Leased Premises with any person other than Landlord without Landlord's prior written consent. TenantPremises, at Tenant's expense, shall obtain and maintain any and all necessary permits and licenses to enable Tenant to conduct Tenant’s Permitted UseBase Building, and the failure Common Areas (including the so-called “path of travel”) shall have been constructed in a good and workmanlike manner, and in compliance with applicable laws for unoccupied space as of the date of the Lease to the extent required to allow Tenant to obtain a certificate of occupancy or maintain same shall not in any manner affect its legal equivalent allowing the Tenant’s obligations hereunderlegal occupancy of the Premises for the Permitted Use. Landlord shall be solely responsible, at its cost and expense, for obtaining all permits and approvals related to the Tenant Improvements.EXHIBIT B SORRENTO HIGHLANDS SECTION 2
Appears in 2 contracts
Samples: Sorrento Highlands (Decipher Biosciences, Inc.), Sorrento Highlands (Decipher Biosciences, Inc.)
Tenant Improvements. Subject Tenant will furnish or perform those items of construction and those improvements (the "Tenant Improvements") specified or referenced in Exhibit 2 attached hereto. Landlord shall pay for the Tenant Improvements up to a maximum amount of $1,760,000.00 (the "TI Allowance"), and in no event shall Landlord have any obligation to pay for any costs of the Tenant Improvements in excess of such amount. If the cost of the Tenant Improvements exceeds such amount, any estimated overage in excess of such amount shall be paid by Tenant. Further, Tenant shall repay Landlord for $1,337,600.00 ($19 psf) of the TI Allowance, together with interest at 10.75% per annum, in equal monthly installments over the Lease Term of $28,923.00 (the "TI Amortization"). Tenant shall have the right to select its own contractors subject to Landlord's consent of such contractors, which shall not be unreasonably withheld. ADDENDUM II LETTER OF CREDIT FOR ADDITIONAL SECURITY DEPOSIT ATTACHED TO AND A PART OF THE LEASE AGREEMENT DATED APRIL 16, 1996, BETWEEN SECURITY CAPITAL INDUSTRIAL TRUST and INSYNC SYSTEMS, INC. The Additional Security Deposit shall be in the form of an unconditional, irrevocable letter of credit from a bank reasonably acceptable to Landlord. The letter of credit shall either provide that it does not expire until the end of the Lease term or, if it is for less than the full term of the Lease, shall be renewed by Tenant at least 30 days prior to its expiration during the term of the Lease. The letter of credit shall provide that it may be drawn down upon by Landlord at any time Landlord delivers its site draft to the bank. If Landlord sells or conveys the Premises, Tenant shall, at Landlord's request, cooperate in having the letter of credit transferred to the purchaser. If the letter of credit is ever drawn upon by Landlord pursuant to the terms and conditions hereof, Landlord agrees, at its cost and expense to complete a “turnkey” interior build-out (“Tenant Improvements”) of the Leased Premises in accordance with Lease and this Addendum, Tenant shall within ten (10) days thereafter cause the conditions stated in letter of credit to be restored to its original amount. The form of the Work Letter of Credit, Sight Draft, Drawing Request and Notice of Assignment are attached hereto as Exhibit C Annex II-1, II-2, II-3 and incorporated hereby pursuant to the Approved Final Plans to be finalized and approved in accordance with the Work Letter and upon approval attached thereto. Any changes or modifications to the Approved Final Plans thereafter must be done in writing and signed by both Tenant and Landlord in accordance with the Work Letter. So long as in accordance with Article 19 of this Lease, Tenant agrees that Landlord shall be entitled to select, in its reasonable discretion and acting in good faith, all architects, engineers, contractors and material suppliers necessary to furnish the labor and materials for the construction of the Tenant ImprovementsII-4 respectively. Landlord shall be will release the sole contracting party with respect to letter of credit after three years provided Tenant meets the employment of contractors which perform the work necessary to construct the Tenant Improvements. Tenant shall not be entitled to access to the Leased Premises prior to the Date of Substantial Completion and Tenant shall not interfere with or impair in any material way the construction of the Tenant Improvements, and any such interference or impairment shall be included within a Tenant Delay as defined in the Work Letter and shall entitle Landlord to all remedies provided herein for breach of this Lease. Prior to the Possession Date, Tenant shall not enter into any contract for construction of any improvements within the Leased Premises with any person other than Landlord without Landlord's prior written consent. Tenant, at Tenant's expense, shall obtain and maintain any and all necessary permits and licenses to enable Tenant to conduct Tenant’s Permitted Use, and the failure of Tenant to obtain or maintain same shall not in any manner affect the Tenant’s obligations hereunder. Landlord shall be solely responsible, at its cost and expense, for obtaining all permits and approvals related to the Tenant Improvements.following criteria:
Appears in 2 contracts
Samples: Lease Agreement (Celerity Group Inc), Lease Agreement (Celerity Group Inc)
Tenant Improvements. Subject to Landlord shall solicit bids for the terms and conditions hereof, Landlord agrees, at its cost and expense to complete a “turnkey” interior build-out Tenant Improvements from no less than three (“Tenant Improvements”3) of the Leased Premises in accordance with the conditions stated in the Work Letter attached hereto but not more than five (5) general contractors as Exhibit C and incorporated hereby pursuant to the Approved Final Plans to be finalized and mutually approved in accordance with the Work Letter and upon approval attached thereto. Any changes or modifications to the Approved Final Plans thereafter must be done in writing and signed by both Tenant and Landlord (which may include some or all of the general contractors listed in accordance the definition of "Contractor" above). All subcontracted work (except for fire alarm, Building automation system(s) connections, Building roof work and work associated with existing warranties) will be competitively bid by a minimum of three (3) qualified subcontractors in each trade of work. Tenant and Landlord will 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 Work Letterand making advances to Contractor from the Improvement Allowance. So long as The Tenant Improvements, pursuant to a construction contract that will provide for Substantial Completion to occur within the time period provided for in accordance with Article 19 the Timeline and deliver possession of this Leasethe Expansion Space to Tenant. Tenant will be responsible for all direct and indirect costs of the design and construction of the Tenant Improvements. Such costs may include, Tenant agrees that Landlord shall be entitled to select, in its reasonable discretion and acting in good faithwithout limitation, all architectscosts of preparing the Space Plan, engineersconstruction document preparation, contractors design, Plans and material suppliers necessary to furnish Specifications, general conditions, labor, materials, and other construction costs, the labor fees (on an hourly basis) of Contractor’s project manager and materials 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 ImprovementsImprovements will exceed the Improvement Allowance, Tenant shall pay such excess in full. Landlord 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. Work shall be the sole contracting party with respect deemed to the employment of contractors which perform the work necessary to construct the Tenant Improvementscompleted upon Substantial Completion. Tenant shall not be entitled hereby elects in writing to access to the Leased Premises prior to the Date of Substantial Completion and Tenant shall not interfere with or impair in any material way have Landlord's Construction Manager, Xxxxx Interests, manage the construction of the Tenant Improvements, Improvements for this phase and any agrees that such interference or impairment Construction Manager shall be included within receive a Tenant Delay as defined fee for such services in an amount equal to three percent (3%) of the Work Letter and shall entitle Landlord to all remedies provided herein for breach hard costs of this Lease. Prior to the Possession Date, Tenant shall not enter into any contract for construction of any improvements within the Leased Premises with any person other than Landlord without Landlord's prior written consent. Tenant, at Tenant's expense, shall obtain and maintain any and all necessary permits and licenses to enable Tenant to conduct Tenant’s Permitted Use, and the failure of Tenant to obtain or maintain same shall not in any manner affect the Tenant’s obligations hereunder. Landlord shall be solely responsible, at its cost and expense, for obtaining all permits and approvals related to the Tenant Improvementsconstruction.
Appears in 2 contracts
Samples: Office Lease Agreement, Tenant Improvements Agreement (FSP Galleria North Corp)
Tenant Improvements. Subject Tenant shall make certain alterations, additions or improvements to the terms Premises in accordance with plans and conditions hereofspecifications to be reviewed and approved by Landlord as set forth in Paragraph 6.5 and this Paragraph 2.3 (as used herein, Landlord agrees, at its cost and expense to complete a “turnkey” interior build-out (the “Tenant Improvements”) of ), at its sole cost and expense (subject to the Leased 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 construction activities in and about the conditions stated Premises. 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, “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 Work Letter Tenant’s Preliminary Plans to the extent that they are consistent with Exhibit D, the space plan attached hereto as Exhibit C C-4 (“Space Plan”), and incorporated hereby pursuant Exhibit C-5 in all material respects. If Landlord does not respond within ten (10) days after Landlord’s receipt of Tenant’s Preliminary Plans with either Landlord’s approval of such plans or reasons for disapproval of such plans, Tenant may send Landlord a reminder notice, and if Landlord has still not responded within five (5) business days after its receipt of such reminder notice, then Landlord shall be deemed to the Approved Final 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 (5) business days or approve them. The process described above shall be finalized and repeated, if necessary, until Tenant’s Preliminary Plans for the Tenant Improvements have been finally approved in accordance with the Work Letter and upon approval attached thereto. Any changes or modifications to the Approved Final Plans thereafter must be done in writing and signed by both Tenant and Landlord (upon such approval, the “Tenant’s Final Plans”). In the event Landlord reviews multiple drafts of the Tenant’s Preliminary Plans, Landlord shall not withhold approval in accordance with subsequent drafts to aspects of the Work LetterTenant’s Preliminary Plans regarding which Landlord did not comment in the immediately preceding draft. So long as in accordance with Article 19 of this Lease, Tenant abscicor agrees that it shall not commence construction of the Tenant Improvements or any portion thereof until Tenant’s Final Plans have been finally approved by Landlord. Landlord shall be entitled to select, in its reasonable discretion and acting in good faith, all architects, engineers, contractors and material suppliers necessary to furnish the labor and materials approves Bremik Construction as Tenant’s contractor for the construction of the Tenant Improvements. Landlord shall be the sole contracting party with respect to the employment of contractors which perform the work necessary to construct the Tenant Improvements. Tenant shall not be entitled to access to the Leased Premises prior to the Date of Substantial Completion and Tenant shall not interfere with or impair in any material way the construction of the Tenant Improvements, and any such interference or impairment shall be included within a Tenant Delay as defined in the Work Letter and shall entitle Landlord to all remedies provided herein for breach of this Lease. Prior to the Possession Date, Tenant shall not enter into any contract for construction of any improvements within the Leased Premises with any person other than Landlord without Landlord's prior written consent. Tenant, at Tenant's expense, shall obtain and maintain any and all necessary permits and licenses to enable Tenant to conduct Tenant’s Permitted Use, and the failure of Tenant to obtain or maintain same shall not in any manner affect the Tenant’s obligations hereunder. Landlord shall be solely responsible, at its cost and expense, for obtaining all permits and approvals related to the Tenant Improvements.
Appears in 2 contracts
Samples: AbSci Corp, AbSci Corp
Tenant Improvements. Subject Tenant shall not make or allow to be made any alterations or physical additions in or to the terms Leased Premises ("Tenant Alterations") without complying with all Legal Requirements and conditions hereofwithout first obtaining the written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed Consent may be conditioned upon review and approval of plans and specifications and monitoring of construction by Landlord. Landlord's review of Tenant's plans and specifications and monitoring of construction shall be solely for Landlord's benefit and shall impose no duty or obligation on Landlord agreesto confirm that the plans and specifications and/or construction comply with any Legal Requirements. Any Tenant Alterations shall be made or performed at Tenant's sole cost and expense by a contractor or contractors acceptable to Landlord and in a good, workmanlike and lien free manner. All Tenant Alterations are the property of Landlord and must be surrendered to Landlord upon the termination of this Lease without credit to Tenant; provided, however, Landlord, at its cost and expense option, may require Tenant to complete a “turnkey” interior build-out (“remove any Tenant Improvements”) of Alterations in order to restore the Leased Premises to the condition existing at the time Tenant took possession, all costs of removal to be borne by Tenant, provided notice of such requirement is delivered to Tenant at the time consent for the Tenant Alterations is given. This clause does not apply to moveable equipment or furniture owned by Tenant, which may be removed by Tenant at the end of the Term if no Event of Default then exists and if such equipment and furniture are not then subject to any other rights, liens and interest of Landlord and such removal can be accomplished without material damage to the Leased Premises. Upon completion of any Tenant Alterations, Tenant shall provide Landlord with "as built plans" (on CADD form), copies of all construction contracts and proof of payment for all labor and materials (including lien waivers). To defer the cost to Landlord associated with Tenant Alterations and confirming that such improvements are in accordance with the conditions stated terms of this Lease and comply with all Legal Requirements, Tenant shall reimburse Landlord upon demand, as Additional Rent, any sums expended by Landlord for third party examination of the architectural, mechanical, electrical and plumbing plans for any Tenant Alterations. Tenant, at its own cost and expense and without Landlord's prior approval, may erect such shelves, bins, machinery and trade fixtures (collectively "Trade Fixtures") in the Work Letter attached hereto as Exhibit C and incorporated hereby pursuant ordinary course of its business provided that such items do not alter the basic character of the Leased Premises, do not overload or damage the Leased Premises, may be removed without injury to the Approved Final Plans to be finalized Leased Premises, and approved in accordance the construction, erection, and installation thereof complies with the Work Letter all Legal Requirements and upon approval attached theretowith Landlord's requirements set forth above. Any changes Upon expiration or modifications to the Approved Final Plans thereafter must be done in writing and signed by both Tenant and Landlord in accordance with the Work Letter. So long as in accordance with Article 19 of earlier termination or this Lease, Tenant agrees that Landlord shall be entitled to select, in remove its reasonable discretion and acting in good faith, all architects, engineers, contractors and material suppliers necessary to furnish the labor and materials for the construction of the Tenant Improvements. Landlord shall be the sole contracting party with respect to the employment of contractors which perform the work necessary to construct the Tenant Improvements. Tenant shall not be entitled to access to the Leased Premises prior to the Date of Substantial Completion and Tenant shall not interfere with or impair in any material way the construction of the Tenant Improvements, and any such interference or impairment shall be included within a Tenant Delay as defined in the Work Letter Trade Fixtures and shall entitle Landlord to all remedies provided herein for breach of this Lease. Prior to the Possession Date, Tenant shall not enter into repair any contract for construction of any improvements within the Leased Premises with any person other than Landlord without Landlord's prior written consent. Tenant, at Tenant's expense, shall obtain and maintain any and all necessary permits and licenses to enable Tenant to conduct Tenant’s Permitted Use, and the failure of Tenant to obtain or maintain same shall not in any manner affect the Tenant’s obligations hereunder. Landlord shall be solely responsible, at its cost and expense, for obtaining all permits and approvals related to the Tenant Improvementsdamage caused by such removal.
Appears in 2 contracts
Samples: Basic Lease Terms (INX Inc), Lease Terms (I Sector Corp)
Tenant Improvements. Subject Landlord will be responsible for designing and constructing Tenant Improvements required by and agreed to in writing by Tenant using the Tenant Improvement Allowance. Landlord shall be responsible for applying for and obtaining all permits, licenses and certificates (including zoning approvals) necessary for the construction of Tenant Improvements. Landlord represents that all Tenant Improvements will be in compliance with all local, state and federal laws, rules, orders, regulations and codes including, without limitation, the Americans with Disabilities Act. Tenant Improvement Allowance may be used to pay for any Tenant Improvements to prepare the Premises for Tenant’s occupancy, and any other expenses associated with Tenant’s relocation to the terms premises including, without limitation, design and conditions hereofconstruction of the Rentable Area, cabling and other installation of information technology equipment and capabilities, and purchase and installation of furniture and fixtures. Any costs and expenses for Tenant Improvements in excess of the Tenant Improvement Allowance (“Excess Tenant Improvement Costs”) shall be the responsibility of the Tenant. In the event that the Tenant Improvement Allowance is insufficient to fully cover the cost of the Tenant Improvements required by and agreed to by Tenant, Landlord agrees, shall so advise Tenant at its the earliest possible opportunity and obtain Tenant’s approval prior to initiating any Tenant Improvements the cost and expense to complete a “turnkey” interior build-out (“of which will be fully or partially Excess Tenant Improvements”) of the Leased Premises in accordance with the conditions stated in the Work Letter attached hereto as Exhibit C and incorporated hereby pursuant Improvement Costs. Prior to the Approved Final Plans to be finalized and approved in accordance with the Work Letter and upon approval attached thereto. Any changes or modifications to the Approved Final Plans thereafter must be done in writing and signed by both Tenant and Landlord in accordance with the Work Letter. So long as in accordance with Article 19 Commencement Date of this Lease, Tenant agrees that Landlord shall be entitled to select, in its reasonable discretion and acting in good faith, all architects, engineers, contractors and material suppliers necessary to furnish the labor and materials for the construction of the Tenant Improvements. Landlord shall be the sole contracting party with respect to the employment of contractors which perform the work necessary to construct the Tenant Improvements. Tenant shall not be entitled to access to the Leased Premises prior to the Date of Substantial Completion and Tenant shall not interfere with agree whether any Excess Tenant Improvement Costs shall be paid to Landlord by an adjustment to the Base Rent Rate, or impair whether Tenant shall pay the Excess Tenant Improvement Costs to Landlord immediately in any material way a lump sum. In the construction absence of the Tenant Improvements, and any such interference or impairment agreement between Landlord and Tenant, all Excess Tenant Improvement Costs shall be included paid by Tenant to Landlord within a Tenant Delay as defined in 30 days following the Work Letter and shall entitle Landlord to all remedies provided herein for breach Commencement Date of this Lease. Prior The failure to the Possession Date, pay any such Excess Tenant shall not enter into any contract for construction of any improvements within the Leased Premises with any person other than Landlord without Landlord's prior written consent. Tenant, at Tenant's expense, shall obtain and maintain any and all necessary permits and licenses to enable Tenant to conduct Tenant’s Permitted Use, and the failure of Tenant to obtain or maintain same shall not in any manner affect the Tenant’s obligations hereunder. Landlord Improvement Costs when due shall be solely responsible, at its cost and expense, for obtaining all permits and approvals related to a Default under the Tenant ImprovementsTerms of this Lease.
Appears in 2 contracts
Samples: Lease Agreement (Medpace Holdings, Inc.), Lease Agreement (Medpace Holdings, Inc.)
Tenant Improvements. Subject to the terms and conditions hereof, Landlord agreesAll Tenant Improvements shall be performed by Tenant’s contractors, at its Tenant’s sole and direct cost and expense (subject to complete a “turnkey” interior build-out (“Tenant Improvements”) Landlord’s obligations with respect to any portion of the Leased Premises TI Allowance) and in accordance with the conditions stated in Approved Plans (as defined below), the Work Letter attached hereto as Exhibit C Lease and incorporated hereby pursuant to the Approved Final Plans to be finalized and approved in accordance with the Work Letter and upon approval attached thereto. Any changes or modifications to the Approved Final Plans thereafter must be done in writing and signed by both Tenant and Landlord in accordance with the this Work Letter. So long as in accordance As part of the Tenant Improvements, with Article 19 of this LeaseLandlord’s approval, Tenant agrees that may locate a Generator (as defined in Section 16.2 of the Lease) at the Project or on the roof of the Building in a location to be agreed upon by Landlord shall be entitled to select, in its reasonable discretion and acting in good faith, all architects, engineers, contractors and material suppliers necessary to furnish Tenant during the labor and materials for the construction design of the Tenant Improvements. Landlord The cost of maintaining, repairing and replacing the Generator shall be Tenant’s sole responsibility. To the sole contracting party with respect 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 employment total projected costs of contractors which perform the work necessary to construct 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 be entitled 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 access interest and the right to assess a late charge), and for purposes of any litigation instituted with regard to such amounts the Leased Premises prior to same shall be considered Rent. All material and equipment furnished by Tenant or its contractors as the Date Tenant Improvements shall be new or “like new;” the Tenant Improvements shall be performed in a good and workmanlike manner; and the Tenant Improvements shall be of Substantial Completion and Class A quality Tenant shall not interfere with or impair in take, and shall require its contractors to take, commercially reasonable steps to protect the Premises during the performance of any material way the construction of the Tenant Improvements, and including covering or temporarily removing any such interference window coverings so as to guard against dust, debris or impairment shall be included within a Tenant Delay as defined in the Work Letter and shall entitle Landlord to all remedies provided herein for breach of this Lease. Prior to the Possession Date, Tenant shall not enter into any contract for construction of any improvements within the Leased Premises with any person other than Landlord without Landlord's prior written consent. Tenant, at Tenant's expense, shall obtain and maintain any and all necessary permits and licenses to enable Tenant to conduct Tenant’s Permitted Use, and the failure of Tenant to obtain or maintain same shall not in any manner affect the Tenant’s obligations hereunder. Landlord shall be solely responsible, at its cost and expense, for obtaining all permits and approvals related to the Tenant Improvementsdamage.
Appears in 2 contracts
Samples: Sublease Agreement (Natera, Inc.), Lease (Natera, Inc.)
Tenant Improvements. Subject to the terms and conditions hereof, Landlord agreesAll Tenant Improvements shall be performed by Landlord’s contractor, at its Tenant’s sole cost and expense (subject to complete a “turnkey” interior build-out (“Landlord’s obligations with respect to any portion of the TI Allowance used by Landlord in completing the Tenant Improvements”) of the Leased Premises and in substantial accordance with the conditions stated in Approved Plans (as defined below), the Work Letter attached hereto as Exhibit C Amendment and incorporated hereby pursuant to the Approved Final Plans to be finalized and approved in accordance with the Work Letter and upon approval attached thereto. Any changes or modifications to the Approved Final Plans thereafter must be done in writing and signed by both Tenant and Landlord in accordance with the this Work Letter. So long To the extent that the total projected cost of the Tenant Improvements (as in accordance with Article 19 of this Leaseprojected by Landlord) exceeds the TI Allowance (such excess, the “Excess TI Costs”), Tenant agrees that shall advance to Landlord shall be entitled to selectany Excess TI Costs within ten (10) days after receipt of an invoice therefor, but in its reasonable discretion and acting in good faith, all architects, engineers, contractors and material suppliers necessary to furnish the labor and materials for the construction of 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, 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 be credit Tenant with the sole contracting party with respect to overage paid by Tenant against Tenant’s Rent obligations, beginning after Landlord has completed the employment of contractors which perform the work necessary to construct final accounting for the Tenant Improvements. If the cost of the Tenant shall not be entitled to access to the Leased Premises prior to the Date of Substantial Completion Improvements (as projected by Landlord) increases over Landlord’s initial projection, then Landlord may notify Tenant and Tenant shall not interfere deposit any additional Excess TI Costs with Landlord in the same way that Tenant deposited the initial Excess TI Costs. If Tenant fails to pay, or impair is late in paying, any material way the construction sum due to Landlord under this Work Letter, then Landlord shall have all of the Tenant Improvementsrights 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 interference or impairment amounts the same shall be included within a considered Rent. All material and equipment furnished by Landlord or its contractors as the Tenant Delay as defined in the Work Letter and Improvements shall entitle Landlord to all remedies provided herein for breach of this Lease. Prior to the Possession Date, Tenant shall not enter into any contract for construction of any improvements within the Leased Premises with any person other than Landlord without Landlord's prior written consent. Tenant, at Tenant's expense, shall obtain and maintain any and all necessary permits and licenses to enable Tenant to conduct Tenant’s Permitted Use, be new or “like new,” and the failure of Tenant to obtain or maintain same shall not in any manner affect the Tenant’s obligations hereunder. Landlord Improvements shall be solely responsibleperformed in a first-class, at its cost and expense, for obtaining all permits and approvals related to the Tenant Improvementsworkmanlike manner.
Appears in 2 contracts
Samples: Lease (Halozyme Therapeutics Inc), Lease (Halozyme Therapeutics Inc)
Tenant Improvements. Subject Landlord will provide Tenant 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 terms Premises as previously approved by Landlord in writing on the attached Exhibit A, including office space, a customer waiting area, and conditions hereofnew lighting; but in no event may the Allowance be used for personal property, Landlord agrees, at its cost including but not limited to data cabling and expense to complete a “turnkey” interior build-out (“Tenant Improvements”) wiring. After completion of Tenant’s work and the expiration of the Leased Premises statutory period in accordance with which mechanics and materialmen can file liens or the conditions stated in the Work Letter attached hereto as Exhibit C furnishing of lien releases acceptable to Landlord from all contractors and incorporated hereby pursuant to the Approved Final Plans to be finalized and approved in accordance with the Work Letter and upon approval attached thereto. Any changes or modifications to the Approved Final Plans thereafter must be done in writing and signed by both Tenant and Landlord in accordance with the Work Letter. So long as in accordance with Article 19 of this Leasesuppliers, Tenant agrees that 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 expenses incurred by Tenant for which Tenant seeks reimbursement of the Allowance. Upon Landlord’s receipt of such items and verification of Tenant’s costs. Landlord shall be entitled pay to selectTenant the Allowance, reduced by any Landlord project management fee, within fifteen (15) days of receipt of all of such documentation and verification. Landlord’s project management fee shall not exceed $750, provided Landlord has approved, in its reasonable discretion and acting in good faithwriting, all architectsmechanical, engineers, electrical and plumbing contractors and material suppliers necessary to furnish the labor and materials selected by Tenant for the construction of the Tenant Improvements. Landlord reserves the right, but not the obligation, to charge a three percent (3%) project management fee on the total cost of the Tenant Improvements should Tenant use a contractors) that has not been approved by the Landlord. Tenant must request reimbursement of the Allowance pursuant to this Paragraph 4 no later than December 31, 2012. If Tenant does not timely make such request, then all of Tenant’s rights to such Allowance or any portion thereof shall automatically terminate and be null and void as of such date, and Tenant shall no longer be entitled to any portion or all of the Allowance. In the event the costs of the approved improvements for which Tenant seeks reimbursement are less than the full amount of the Allowance, Landlord shall be obligated to reimburse Tenant only the sole contracting party with respect to the employment actual amount of contractors which perform the work necessary to construct the Tenant Improvements. such costs, and Tenant shall not be entitled to access payment or credit of any remaining balance. In the event the costs of Tenant’s improvements to the Leased Premises prior to exceed the Date of Substantial Completion and Tenant shall not interfere with or impair in any material way the construction of the Tenant Improvements, and any such interference or impairment shall be included within a Tenant Delay as defined in the Work Letter and shall entitle Landlord to all remedies provided herein for breach of this Lease. Prior to the Possession DateAllowance, Tenant shall and not enter into any contract for construction of any improvements within the Leased Premises with any person other than Landlord without Landlord's prior written consent. Tenant, at Tenant's expense, shall obtain and maintain any and all necessary permits and licenses to enable Tenant to conduct Tenant’s Permitted Use, and the failure of Tenant to obtain or maintain same shall not in any manner affect the Tenant’s obligations hereunder. Landlord shall be solely responsibleresponsible for such excess amounts. The provisions of this Paragraph 4 shall supersede any other improvement allowances, at its cost Landlord build-out obligations, and expensereimbursements previously set forth in the Lease, for obtaining all permits and approvals related to the Tenant ImprovementsLandlord’s performance obligations having been satisfied with respect thereto.
Appears in 2 contracts
Samples: Lease (Control4 Corp), Lease (Control4 Corp)
Tenant Improvements. Subject to The Tenant Improvements shall be furnished and installed within the terms and conditions hereof, Landlord agrees, at its cost and expense to complete a “turnkey” interior build-out (“Tenant Improvements”) of the Leased Premises substantially in accordance with the conditions stated Working Drawings to be prepared by the Tenant Architect and approved by Landlord in writing in accordance with this Workletter. All Tenant Improvements will be managed by Landlord and shall be furnished and installed by the selected Premises Contractor at the expense of Tenant, subject to application of the Tenant Improvement Allowance. Tenant hereby acknowledges that the Special Tenant Improvements described on Schedule B-4 are subject to the approval of applicable governmental authorities and applicable Regulations. Landlord and Tenant agree that to the extent it will save time and money for all involved, Landlord may choose to combine a portion of the TI Work (for example improvements to the Building electrical and HVAC systems) necessary to accommodate Tenant’s Special Tenant Improvements with the now ongoing Base Building Improvements described in Section 3 of Schedule B-1. If such election is made, then to be included in the Costs of TI Work, the portion of the scope and cost of such work to be included in the Costs of the TI Work Letter attached hereto as Exhibit C shall be described in a change order to such existing construction contract that is signed by both Landlord and incorporated hereby pursuant Tenant. The Tenant Improvement Allowance may be applied to the Approved Final Plans to cost of any Special Tenant Improvements. Landlord shall enter the Premises Contract with the Premises Contractor. The Tenant Improvements shall be finalized and approved constructed in accordance with the Work Letter Premises Contract and upon approval attached thereto. Any changes or modifications to the Approved Final Plans thereafter must be done in writing Working Drawings prepared by the Tenant Architect and signed approved by both Tenant and Landlord in accordance with Section 5 below, and permitted by the Work LetterCity of Seattle. So long as in accordance with Article 19 of this Lease, Tenant agrees that Landlord shall be entitled to select, in its reasonable discretion and acting in good faith, all architects, engineers, contractors and material suppliers necessary to furnish If the labor and materials for the construction of the Tenant Improvements. Landlord shall be the sole contracting party with respect Premises Contractor delivers any proposed change to the employment of contractors which perform the work necessary to construct the Tenant Improvements. Tenant shall not be entitled to access to the Leased Premises prior to the Date of Substantial Completion and Tenant shall not interfere with or impair in any material way the construction of the Tenant Improvements, and any such interference or impairment shall be included within a Tenant Delay as defined in the Work Letter and shall entitle Landlord to all remedies provided herein for breach of this Lease. Prior to the Possession DateContract, Tenant shall not enter into promptly be provided an “open book” explanation and documentation to support such change or any contract alteration in the proposed stipulated sum for construction the Costs of any improvements within the Leased Premises with any person other than Landlord without Landlord's prior written consent. Tenant, at Tenant's expense, shall obtain and maintain any and all necessary permits and licenses to enable Tenant to conduct Tenant’s Permitted UseTI Work, and be afforded an opportunity to review and approve any alteration in the failure approved stipulated sum for the Costs of Tenant to obtain or maintain same shall not in any manner affect the Tenant’s obligations hereunder. Landlord shall be solely responsible, at its cost and expense, for obtaining all permits and approvals related to TI Work before the Tenant Improvementsaffected work is performed.
Appears in 1 contract
Tenant Improvements. Subject to Provided Tenant is not in default under the terms and conditions hereofLease beyond any applicable cure period at the time Tenant request the Tenant Improvement Allowance, Landlord agrees, at its shall contribute a one-time allowance equal to $1.00 per rentable square foot ($57,969.00) ("Tenant Improvement Allowance") toward the cost and expense to complete a “turnkey” interior build-out (“of Tenant Improvements”) of . Said Tenant Improvement Allowance shall be utilized by December 31, 1999. Provided Tenant is not then in default under the Leased Premises in accordance with the conditions stated in the Work Letter attached hereto as Exhibit C and incorporated hereby pursuant to the Approved Final Plans to be finalized and approved in accordance with the Work Letter and upon approval attached thereto. Any changes or modifications to the Approved Final Plans thereafter must be done in writing and signed by both Tenant and Landlord in accordance with the Work Letter. So long as in accordance with Article 19 of this Lease, Tenant agrees that Landlord shall be entitled disburse the Tenant Improvement Allowance to select, in its reasonable discretion and acting in good faith, all architects, engineers, contractors and material suppliers necessary to furnish the labor and materials for the Tenant upon completion of construction of the Tenant Improvements. Improvements and expiration of the time for filing of any mechanics' liens claimed or which might be filed on account of any work ordered by Tenant or its contractor or any subcontractor, and upon receipt by Landlord of a certificate of completion executed by the Space Planner and Tenant's contractor, and unconditional mechanics' lien releases (which mechanics' lien releases shall be executed by the sole contracting party subcontractors, labor suppliers and materialmen in addition to Tenant's contractor), in each case in form and substance satisfactory to Landlord, and all appropriate bills and supporting documentation for the work ordered by Tenant or its contractor or any subcontractor, and reasonably requested by Landlord. 6) Expansion. Provided Tenant is not, and has not been, in default of any terms and conditions of this Lease beyond any applicable cure periods, Tenant shall have the right to lease all of the rentable area on the Eleventh (11th) floor consisting of approximately 18,456 rentable square feet (the " Expansion Premises"), effective December 1, 1999, and as shown outlined in green on the attached Exhibit "B". Tenant must notify Landlord in writing of Tenant's desire to exercise Tenant's right to lease the Expansion Premises no later than April 15, 1999. In the event Tenant fails to give Landlord notice of Tenant's election to lease such additional space within such time period, Tenant shall have no further right, title or interest in such additional space and this right shall terminate. If, on the other hand, Tenant exercises its right in the manner prescribed, Tenant shall immediately deliver to Landlord payment for the first month's rent for such additional space (in the same manner as provided for in this Lease), and the lease for such additional space shall be consummated without delay. Notwithstanding anything to the contrary herein contained, Tenant's right to the Expansion Premises shall be conditioned upon the following: (i) at the time Tenant agrees to accept the Expansion Premises and at the time of the commencement of the term for the Expansion Premises, Tenant and/or Tenant's affiliate(s) shall be in possession of and occupying the primary premises for the conduct of its business therein and the same shall not be occupied by any assignee, subtenant or licensee and, provided further, that the option for additional space shall be applicable hereunder only if the Expansion Premises will actually be occupied by Tenant and or Tenant's affiliate(s) and (ii) the agreement of acceptance shall constitute a representation by Tenant to Landlord, effective as of the date of the agreement of acceptance and as of the date of commencement of the lease for the Expansion Premises, that Tenant does not intend to assign the lease for the expansion premises, in whole or in part or sublet all or any portion of the Premises, the election to expand being for the purpose of utilizing the Expansion Premises for Tenant's purposes in the conduct of Tenant's business therein. The commencement date of the Term with respect to the employment Expansion Premises shall be referred to as the "Expansion Premises Commencement Date". The Term with respect to the Expansion Premises shall end concurrently with the expiration of contractors the term of this Lease as to the original Premises. The Basic Rent payable for the Expansion Premises shall be at the same rental rate per square foot as the Rent for the original Premises as outlined in Paragraph 1 of this Extension Agreement ($41,526.00 per month). The Expansion Premises shall be leased to Tenant "as is" and in its then existing condition and state of improvement and Landlord shall have no obligation to make any improvements, repairs or alterations thereof; provided, however, (i) such space shall be delivered to Tenant broom clean and in a usable condition and (ii) Landlord shall pay to Tenant an allowance of $.83 per rentable square foot ($15,393.00) in the Expansion Premises. The allowance set forth above shall be expended for the design and installation of work which perform constitutes permanent improvements to the work necessary Expansion Premises (including carpeting) which becomes Landlord's property upon installation pursuant to construct the Tenant Improvementsthis Lease, and shall not be used for furniture, furnishings or other installations which do not become Landlord's property pursuant to this Lease. Tenant shall not be entitled to access any payment or rent reduction for any part of said allowance not used by Tenant. Said allowance shall be utilized by Tenant no later than December 31, 1999. Provided Tenant is not then in default under the Lease beyond any applicable cure period, Landlord shall disburse the Tenant Improvement Allowance to Tenant upon completion of construction of the Leased Tenant Improvements and expiration of the time for filing of any mechanics' liens claimed or which might be filed on account of any work ordered by Tenant or its contractor or any subcontractor, and upon receipt by Landlord of a certificate of completion executed by the Space Planner and Tenant's contractor, and unconditional mechanics' lien releases (which mechanics' lien releases shall be executed by the subcontractors, labor suppliers and materialmen in addition to Tenant's contractor), in each case in form and substance satisfactory to Landlord, and all appropriate bills and supporting documentation for the work ordered by Tenant or its contractor or any subcontractor, and reasonably requested by Landlord. Landlord shall have no liability to Tenant for any damages resulting from any delay in delivering possession of the Expansion Premises to Tenant, if said delay is caused by the holding over of a previous tenant of the Expansion Premises; provided, however, Landlord, at its expense, shall take all action reasonably necessary, including required legal proceedings, to secure possession of the Expansion Premises prior to the Expansion Premises Commencement Date of Substantial Completion and Tenant shall not interfere with or impair in any material way therefor. Upon the construction of the Tenant Improvements, and any such interference or impairment shall be included within a Tenant Delay as defined in the Work Letter and shall entitle Landlord to all remedies provided herein for breach of this Lease. Prior to the Possession Expansion Premises Commencement Date, Tenant the term "Premises" shall not enter into any contract for construction of any improvements within include the Leased Premises with any person other than Landlord without Landlord's prior written consent. Tenant, at Tenant's expense, shall obtain and maintain any and all necessary permits and licenses to enable Tenant to conduct Tenant’s Permitted Use, and the failure of Tenant to obtain or maintain same shall not in any manner affect the Tenant’s obligations hereunder. Landlord shall be solely responsible, at its cost and expense, for obtaining all permits and approvals related to the Tenant ImprovementsExpansion Premises.
Appears in 1 contract
Samples: Extension Agreement Extension Agreement (Siebel Systems Inc)
Tenant Improvements. Subject (1) Lessor will provide for the tenant improvements ("Tenant Improvements") indicated on the improvement estimate attached as Exhibit "B", which is mutually acceptable to both Lessor and Lessee. The space plan for the Tenant Improvements ("Space Plan") shall be prepared by Hxxxxx Xxxxxxxx and Associates Architecture and shall be subject to the terms approval of Lessor and conditions hereofLxxxxx. Lessee shall be responsible for executing a written fixed Price Contract between Lxxxxx and Hxxxxx Xxxxxxxx and Associates, Landlord agrees, at its cost and expense to complete a “turnkey” interior build-whose fee will be paid out (“Tenant Improvements”) of the Leased Premises Tenant Improvement Allowance referenced in Paragraph 49.2 below. The parties anticipate that certain changes will be made to Exhibit "B" in the course of finalizing the Space Plan, and the parties' approval of the Space Plan shall not be unreasonably withheld or delayed. Lessor shall cause working drawings ("Working Drawings") to be prepared in conformance with the approved Space Plan. Lessee shall have the right to approve the Working Drawings within two (2) business days after Lxxxxx's receipt, but approval shall not be unreasonably withheld if the Working Drawings are in conformance with the approval Space Plan. Lessor's agent, Lxxxxxx Construction, shall construct the Tenant Improvements in accordance with Exhibit "B" the approved Working Drawings. Lessor shall be deemed to have completed the Tenant Improvements and to have delivered possession of the Property to Lessee for purposes of commencing the Lease Term when Lxxxxx's architect certifies to Lessee in writing that the Tenant Improvements have been completed in accordance with the conditions stated in the Work Letter attached hereto as Exhibit C and incorporated hereby pursuant to the Approved Final Plans approved Working Drawings, with no more than minor "punch list" items to be finalized and approved in accordance with the Work Letter and upon approval attached theretocorrected. Any changes or modifications to the Approved Final Plans thereafter must be done in writing and signed by both Tenant and Landlord in accordance with the Work Letter. So long as in accordance with Article 19 (2) The costs of this Lease, Tenant agrees that Landlord shall be entitled to select, in its reasonable discretion and acting in good faith, all architects, engineers, contractors and material suppliers necessary to furnish the labor and materials for the construction of the Tenant Improvements. Landlord shall be the sole contracting party with respect to the employment of contractors which perform the work necessary to construct the Tenant Improvements. Tenant shall not be entitled to access to the Leased Premises prior to the Date of Substantial Completion and Tenant shall not interfere with or impair in any material way the construction of the Tenant Improvements, including construction costs, construction drawings, space planning, permits and any such interference or impairment fees, shall be included within allocated between the parties as follows: (i) Lessor shall pay such costs up to a Tenant Delay as defined in the Work Letter and shall entitle Landlord to all remedies provided herein for breach maximum of this Lease. Prior to the Possession Date, Tenant shall not enter into $1,120,000.00; (ii) any contract for construction of any improvements within the Leased Premises with any person other than Landlord without Landlord's prior written consent. Tenant, at Tenant's expense, shall obtain and maintain any and all necessary permits and licenses to enable Tenant to conduct Tenant’s Permitted Use, and the failure of Tenant to obtain or maintain same shall not in any manner affect the Tenant’s obligations hereunder. Landlord excess costs above $1,120,000.00 shall be solely responsiblecovered by a contract between Lxxxxxx Construction and Lessee. Lessee shall be responsible for paying these excess costs directly to Lxxxxxx Construction. ----------------------------------------------------------------------------- ADDENDUM TO AMERICAN INDUSTRIAL REAL ESTATE ASSOCIATION STANDARD INDUSTRIAL / COMMERCIAL SINGLE-TENANT LEASE - NET DATED DECEMBER 19, at its cost and expense1998 BY AND BETWEEN MITSUI FUDOSAN (USA), for obtaining all permits and approvals related to the Tenant ImprovementsINC., A CALIFORNIA CORPORATION, AS LESSOR, AND PACIFIC RESEARCH AND ENGINEERING CORPORATION, A CALIFORNIA CORPORATION, AS LESSEE ===============================================================================
Appears in 1 contract
Samples: Pacific Research & Engineering Corp
Tenant Improvements. Subject to Tenant has personally inspected the terms Leased Premises and conditions except as otherwise set forth in Section 7.02 hereof, accepts the same “AS IS” without representation or warranty by Landlord agrees, at its cost of any kind and expense with the understanding that Landlord shall have no responsibility with respect thereto except to complete construct in a good and workmanlike manner the tenant finish improvements set forth in the scope of work (the “turnkey” interior build-out Scope of Work”) attached hereto as Exhibit B and made a part hereof (the “Tenant Improvements”), which improvements shall be constructed at the shared expense of Landlord and Tenant as indicated on Exhibit B attached hereto and as follows: (i) Tenant shall contribute Seven Hundred Ninety Seven Thousand Two Hundred Seventy Nine and 11/100 Dollars (797,279.11) (“Tenant’s Contribution”) towards the cost of the Leased Premises in accordance with the conditions stated Tenant Improvements described in the Scope of Work Letter attached hereto as Exhibit C and incorporated hereby pursuant B, which Tenant’s Contribution shall be paid to Landlord as follows: (A) one-half of the Approved Final Plans Tenant’s Contribution shall be paid by Tenant to be finalized and approved in accordance with Landlord within five (5) days following the Work Letter and upon approval attached thereto. Any changes or modifications to the Approved Final Plans thereafter must be done in writing and signed by both Tenant and Landlord in accordance with the Work Letter. So long as in accordance with Article 19 mutual execution of this LeaseLease by Landlord and Tenant, Tenant agrees that Landlord shall be entitled to select, in its reasonable discretion and acting in good faith, all architects, engineers, contractors and material suppliers necessary to furnish the labor and materials for the construction of the Tenant Improvements. Landlord shall be the sole contracting party with respect to the employment of contractors which perform the work necessary to construct the Tenant Improvements. Tenant shall not be entitled to access to the Leased Premises prior to the Date of (B) following Substantial Completion and Tenant shall not interfere with or impair in any material way the construction of the Tenant Improvements, Tenant shall pay to Landlord the balance of Tenant’s Contribution within ten (10) days of Landlord’s written request therefore and any prior to Tenant’s occupancy of the Leased Premises; and (ii) all costs in excess of the Tenant’s Contribution associated with construction of the Tenant Improvements described in the Scope of Work attached hereto as Exhibit B shall be paid by Landlord. Tenant acknowledges and agrees that (i) the cost to construct and install the Tenant Improvements shall include a fee payable to the project’s construction manager or general contractor, (ii) that such interference construction manager or impairment general contractor may be a subsidiary, affiliate or employees of Landlord, and (iii) said fee shall be included within a Tenant Delay as defined in the Work Letter and Tenant’s Contribution. Tenant’s failure to deliver the payments required in this paragraph shall entitle Landlord to all remedies provided herein for breach stop the construction and installation of this Lease. Prior to the Possession Date, Tenant shall not enter into any contract for construction of any improvements within the Leased Premises with any person other than Landlord without Landlord's prior written consent. Tenant, at Tenant's expense, shall obtain and maintain any and all necessary permits and licenses to enable Tenant to conduct Tenant’s Permitted UseImprovements until such payment is received, and the failure of any resulting delay shall constitute a Tenant to obtain or maintain same shall not in any manner affect the Tenant’s obligations Delay (as hereinafter defined) hereunder. Landlord In addition, all delinquent payments shall be solely responsible, accrue interest at its cost and expense, for obtaining all permits and approvals related to the Tenant Improvements15% per annum.
Appears in 1 contract
Samples: Lease Agreement (Cellstar Corp)
Tenant Improvements. Subject Tenant shall be solely responsible for the installation of its FF&E, cabling and networking, and any additional IT installations within the First Floor Expansion Premises. Any Alterations made to the First Floor Expansion Premises shall be subject to Landlord’s prior consent and the terms of Article 10 of the Initial Lease, provided, however, (i) as part of its request for Landlord’s approval of an Alteration to the First Floor Expansion Premises, Tenant shall include a request that Landlord determine if Landlord will require the removal of such Alteration prior to the expiration or earlier termination of the Lease and conditions hereof(ii) for any Alterations to the First Floor Expansion Premises Tenant shall pay Landlord an oversight fee (“Oversight Fee”) equal to $1.00 per RSF of the First Floor Expansion Premises. In addition to the Oversight Fee, Tenant shall reimburse Landlord for the actual out-of-pocket costs incurred by Landlord in connection with any third party review of Tenant’s plans, specifications, drawings and similar documentation (“Third Party Review Costs”). In the event the Oversight Fee exceeds $36,490.00, then Tenant shall pay Landlord for such additional work on a time and materials basis at the rate of $195/hour (“Oversight Excess”), in addition to the Third Party Review Costs. For the avoidance of doubt, any Oversight Excess shall be in addition to (and not in lieu of) the Oversight Fee. Notwithstanding anything to the contrary contained in the Lease, with respect to the First Floor Expansion Premises only, unless otherwise stated by Landlord in writing as part of its consent, Tenant shall be required to remove any Alteration to the First Floor Expansion Premises, restore the effected portion of the First Floor Expansion Premises to the condition prior to the construction of such Alteration (reasonable wear and tear excepted), and repair any damage caused by such Alteration or the removal thereof, prior to the expiration or earlier termination of the Lease. Landlord shall have the option, to be exercised by written notice to Tenant any time between July 1, 2026 and July 31, 2026, Landlord agrees, at to deliver to Tenant its cost and expense to complete a “turnkey” interior build-out estimate (“Tenant ImprovementsRestoration Estimate”) of the Leased commercially reasonable (inclusive of copies of third-party bids for the work in question) cost to restore the First Floor Expansion Premises to the condition which existed prior to the Alteration(s) required to be removed under the terms of this Section 9. The Restoration Estimate shall be accompanied by reasonable backup documentation supporting Landlord’s estimate and the process Landlord used to ensure that such estimate is commercially reasonable. If Landlord delivers the Restoration Estimate to Tenant, then Tenant, on or before the Lease Expiration Date (i.e. December 31, 2026, subject to the exercise of any Renewal Options) shall deliver to Landlord a check (or other immediately available funds) (“Restoration Check”) in an amount equal to the Restoration Estimate. If Tenant timely delivers the Restoration Check, then Tenant shall no longer be required to remove the applicable Alteration(s) from the First Floor Expansion Premises, provided, however, Tenant shall otherwise remain obligated to surrender the First Floor Expansion Premises in accordance with the conditions stated condition required by Section 10.5 of the Initial Lease. Tenant’s failure to timely deliver the Restoration Check (if applicable) and/or surrender the First Floor Expansion Premises in the Work Letter attached hereto as Exhibit C and incorporated hereby pursuant to condition required in the Approved Final Plans to be finalized and approved Lease shall result in accordance with the Work Letter and upon approval attached thereto. Any changes or modifications to the Approved Final Plans thereafter must be done in writing and signed by both Tenant and Landlord in accordance with the Work Letter. So long as in accordance with Article 19 of this Lease, Tenant agrees that Landlord shall be entitled to select, in its reasonable discretion and acting in good faith, all architects, engineers, contractors and material suppliers necessary to furnish the labor and materials for the construction of the Tenant Improvements. Landlord shall be the sole contracting party a holdover tenancy solely with respect to the employment of contractors which perform the work necessary to construct the Tenant Improvements. Tenant shall not be entitled to access to the Leased First Floor Expansion Premises prior to the Date of Substantial Completion and Tenant shall not interfere with or impair in any material way the construction be subject to the’ terms of Section 25 of the Initial Lease until the Restoration Check is received by Landlord (if applicable) or Tenant Improvements, restores and any such interference or impairment shall be included within a Tenant Delay repairs the First Floor Expansion Premises as defined in the Work Letter and shall entitle Landlord to all remedies provided herein for breach of this Lease. Prior to the Possession Date, Tenant shall not enter into any contract for construction of any improvements within the Leased Premises with any person other than Landlord without Landlord's prior written consent. Tenant, at Tenant's expense, shall obtain and maintain any and all necessary permits and licenses to enable Tenant to conduct Tenant’s Permitted Use, and the failure of Tenant to obtain or maintain same shall not in any manner affect the Tenant’s obligations hereunder. Landlord shall be solely responsible, at its cost and expense, for obtaining all permits and approvals related to the Tenant Improvementsrequired herein.
Appears in 1 contract
Samples: Office Lease (Airbnb, Inc.)
Tenant Improvements. Subject Tenant Improvements to be performed in the terms and conditions hereofPremises, Landlord agreesif any, at its cost and expense to complete a “turnkey” interior build-out (“Tenant Improvements”) of the Leased Premises will be performed in accordance with the conditions stated terms and provisions entitled "Landlord's Work" contained in Exhibits "B". Upon receipt of construction plans approved by Tenant, Landlord will provide a mutually agreeable construction schedule. Within fifteen (15) days after the Work Letter attached hereto as Exhibit C and incorporated hereby pursuant to the Approved Final Plans to be finalized and approved in accordance with the Work Letter and upon approval attached thereto. Any changes or modifications to the Approved Final Plans thereafter must be done in writing and signed by both Tenant and Landlord in accordance with the Work Letter. So long as in accordance with Article 19 of this Lease, Tenant agrees that Landlord shall be entitled to select, in its reasonable discretion and acting in good faith, all architects, engineers, contractors and material suppliers necessary to furnish the labor and materials for the construction of the Tenant Improvements. Landlord shall be the sole contracting party with respect to the employment of contractors which perform the work necessary to construct the Tenant Improvements. Tenant shall not be entitled to access to the Leased Premises prior to the Date of Substantial Completion and Tenant shall not interfere with or impair in any material way the construction completion of the Tenant Improvements, representatives of Landlord and Tenant agree to conduct a "walk through" inspection of the Premises and reasonably agree on any remaining punchlist items to be completed after the Lease Commencement Date. Any such interference or impairment remaining punchlist items shall be included completed by Landlord within a commercially reasonable period of time after the Lease Commencement Date. Landlord represents and warrants that Landlord shall perform Landlord's Work in a good and workmanlike fashion, in substantial conformance with the provisions of Exhibits "B" attached, in compliance with all applicable laws and regulations, and using new materials, and reasonably free of construction defects. Upon receipt from Tenant Delay of notice of any portion of Landlord's Work which does not conform to the foregoing representation and warranty within the two (2) year period commencing on the Lease Commencement Date, Landlord agrees to promptly correct the same. Tenant understands and agrees that Tenant must provide written notice to Landlord within the two (2) year period specified above and that the representation and warranty shall expire on the second (2nd) anniversary of the Lease Commencement Date. Except as defined expressly set forth hereinabove in the Work Letter and shall entitle Landlord to all remedies provided herein for breach of this Section 1.12, nothing contained in this Lease. Prior , including any Exhibits hereto, shall be interpreted or is intended in any way as a representation or warranty by Landlord as to the Possession Datequantity, Tenant shall not enter into any contract for construction quality, or fitness of any improvements within the Leased Premises with any person other than Landlord without or Landlord's prior written consent. TenantWork, at Tenant's expenseincluding, shall obtain and maintain without limitation, a fitness for any and all necessary permits and licenses to enable Tenant to conduct Tenant’s Permitted Useparticular purpose, and the failure each of Tenant to obtain or maintain same shall not in any manner affect the Tenant’s obligations hereunder. Landlord shall be solely responsible, at its cost and expense, for obtaining all permits and approvals related to the Tenant Improvements.which is expressly disclaimed by Landlord
Appears in 1 contract
Samples: Brightpoint Inc
Tenant Improvements. Subject Upon notice from Tenant and Tenant depositing with Lessor $600,000 in cash (Lessor to the terms deposit said money in Landlord’s name in a savings account at Xxxxx Fargo however all interest will accrue to Tenant and conditions hereofbe returned to Tenant unless Tenant defaults hereunder), Landlord agrees, shall at its sole cost and expense to complete a “turnkey” demolish all the interior build-out improvements (“Tenant ImprovementsLandlord Work”) of in ½ the Leased building and return the Premises in accordance with the conditions stated in the Work Letter attached hereto as Exhibit C and incorporated hereby pursuant to shell condition which shell condition shall include, but not be limited to the Approved Final Plans removal of all HVAC units and patch the roof. The parties shall agree on the definition shell condition prior to be finalized and approved in accordance with the Work Letter and upon approval attached thereto. Any changes or modifications to the Approved Final Plans thereafter must be done in writing and signed by both Tenant and Landlord in accordance with the Work Letter. So long as in accordance with Article 19 execution of this Lease, . If the Landlord Work for 415A is not complete within thirity (30) days of Tenant agrees that Landlord shall be entitled to select, in its reasonable discretion and acting in good faith, all architects, engineers, contractors and material suppliers necessary to furnish having posted the labor and materials security deposit for the construction of the Tenant Improvements. Landlord shall be the sole contracting party with respect to the employment of contractors which perform the work necessary to construct the Tenant Improvements. Tenant shall not be entitled to access to the Leased Premises prior to the Date of Substantial Completion and Tenant shall not interfere with or impair in any material way the construction of the Tenant Improvements, and any such interference or impairment then Tenant shall be included within a permitted to do the demolition and deduct the cost of the demolition from the Base Rent. Upon Tenant Delay finishing the Tenant Improvements (as defined below), Landlord shall immediately return the cash deposit and all interest to Tenant. Upon notice from Tenant and Tenant depositing with Landlord an additional $600,000 cash to be held in the same manner as the first cash deposit, Landlord shall at its sole cost and expense demolish all the interior improvements in the second half of the building and return the Premises to shell condition as defined above (“Landlord Work”). If the Landlord Work Letter for 415B is not complete within thirity (30) days of Tenant having posted the security deposit for the Tenant Improvements, then Tenant shall be permitted to do the demolition and deduct the cost of the demolition from the Base Rent. Upon Tenant finishing Tenant Improvements in this half of the building, Lessor shall entitle return the cash deposit and all accrued interest to Lessee. This is not a rent or lease guarantee but is rather a guarantee to replace the improvements being demolished by Landlord at the request of Tenant. The Landlord hereby approves of office, R&D, lab, wet lab, light manufacturing and warehouse Tenant Improvements being constructed in the Premises by Tenant. There will be no restriction to the amount of lab space allowed in the facility. All Tenant Improvements are to be designed in a first class code compliant manner, built and paid for by Tenant. Landlord to approve Tenant’s plans, Landlord’s approval shall not be unreasonably withheld or delayed. Tenant must improve the space to at least an 75% office/lab/r&d buildout. Tenant shall contract with their own general contractor, subject to Landlord’s sole approval (Southbay Construction is hereby approved), and timely pay for all remedies provided herein for breach of this Lease. Prior improvements to the Possession DatePremises. Tenant shall commence all Tenant Improvements within 6 months of turnover of space to Tenant and diligently pursue the construction. till completion or landlord shall have the option to terminate this lease. Tenant improvements shall include, but not be limited to all drywall, insulation, wall coverings, window coverings, floor coverings, restrooms, HVAC, fire sprinklers distributed (must be semi recessed in dropped ceiling areas), lights, electric, plumbing, doors, plans and permits. All dropped ceilings to be a minimum of ten foot in height (12 foot in lobby-lobby may be a gypboard ceiling) with a standard white 2x4 grid with white doublelook ceiling tiles and 3 tube 2x4 drop in flourescent lights with parabolic or prismatic lenses. All doors to be solid core prefinished birch- 9’ in height. All offices and conference rooms to have a minimum of 3’ sidelight glass. Hallways to be a minimum of six feet wide. Carpet to be a minimum of 32 ounces looped pile. Building must be balanced with 100% HVAC distributed (a minimum of 1 ton per every 350 sq. ft.) with either a VAV system or multiple prepackaged gas/electric units (Carrier or Trane). Tenant to install at least two tiled restroom cores (with a separate mens and womens room ) at a mutually acceptable location to landlord. These building standards are defined here to set a minimum standard of improvements to be performed by Tenant, Tenant shall not enter into be allowed to upgrade any contract for construction or all of any improvements within the Leased Premises with any person other than Landlord without Landlord's prior written consent. Tenant, at Tenant's expense, shall obtain these finishes and maintain any and all necessary permits and licenses to enable Tenant to conduct Tenant’s Permitted Use, and the failure of Tenant to obtain or maintain same Lessor shall not in any manner affect the Tenant’s obligations hereunderunreasonably withhold their approval. Landlord shall be solely responsible, at its Landlord’s sole cost and expense, for obtaining all permits expense shall immediately paint the Building in colors selected by Tenant and approvals related shall provide Tenant a $25,000 tenant improvement allowance to upgrade the entrance to the Tenant ImprovementsBuilding and build a walkway between this Building and 1263 Arques.
Appears in 1 contract
Samples: Symyx Technologies Inc
Tenant Improvements. Subject The Tenant Improvements (as defined in the Tenant Work Letter attached as Exhibit B to this Second Amendment) to the terms Expanded Premises shall be installed and conditions hereof, Landlord agrees, at its cost and expense to complete a “turnkey” interior build-out (“Tenant Improvements”) of the Leased Premises constructed in accordance with the conditions stated in terms of the Tenant Work Letter (the “Work Letter”) attached hereto as Exhibit C B and incorporated hereby pursuant made a part hereof. If any improvements, alterations or work are required under provisions of the ADA due to the Approved Final Plans Tenant Improvements or the Building Systems Improvements (as defined in Exhibit B), such improvements, alterations or work shall be deemed Tenant ADA Work and the cost of such Tenant ADA Work shall be borne solely by Tenant (subject to the Tenant Improvement Allowance and the Building Systems Allowance) and shall not be included as part of the Operating Expenses. Tenant acknowledges that it has been and continues to be finalized in possession of the Original Premises and approved in accordance is familiar with the Work Letter condition of the Original Premises. Except as expressly provided in this Second Amendment, Tenant hereby agrees that the 000 Xxxx Xxxxx First Floor Premises shall be taken “as is”, “with all faults”, “without any representations or warranties.” Tenant hereby acknowledges that it has had an opportunity to investigate and upon approval attached theretoinspect the condition of the 000 Xxxx Xxxxx First Floor Premises and the suitability of same for Tenant’s purposes, and Tenant does hereby waive and disclaim any objection to, cause of action based upon, or claim that its obligations hereunder should be reduced or limited because of the condition of the 000 Xxxx Xxxxx First Floor Premises, the 000 Xxxx Xxxxx Building or the Park or the suitability of same for Tenant’s purposes. Any changes or modifications to Tenant acknowledges that, except as expressly set forth otherwise in the Approved Final Plans thereafter must be done in writing and signed by both Tenant and Landlord in accordance with the Work Letter. So long as in accordance with Article 19 of this Lease, Tenant agrees that as amended by this Second Amendment, neither Landlord shall be entitled to select, in its reasonable discretion and acting in good faith, all architects, engineers, contractors and material suppliers necessary to furnish the labor and materials for the construction nor any agent nor any employee of the Tenant Improvements. Landlord shall be the sole contracting party has made any representations or warranty with respect to the employment of contractors which perform 000 Xxxx Xxxxx First Floor Premises, the work necessary to construct Original Premises, the Tenant Improvements. Tenant shall not be entitled to access 000 Xxxx Xxxxx Building, the 892 Xxxx Drive Building or the Park or with respect to the Leased suitability of either for the conduct of Tenant’s business and Tenant expressly warrants and represents that Tenant has relied solely on its own investigation and inspection of the 000 Xxxx Xxxxx First Floor Premises, the Building and the Park in its decision to enter into this Second Amendment and let the 000 Xxxx Xxxxx First Floor Premises prior in an “as is” condition. No promise of Landlord to alter, remodel, repair, or improve the 000 Xxxx Xxxxx First Floor Premises, the Original Premises, the Building, or the Park, and no representation, express or implied, respecting any matter or thing relating to the Date of Substantial Completion and Tenant shall not interfere with 000 Xxxx Xxxxx First Floor Premises, Original Premises, Building, Park, or impair in any material way this Second Amendment (including, without limitation, the construction condition of the 000 Xxxx Xxxxx First Floor Premises, the Original Premises, the Building, or the Park) has been made to Tenant Improvements, and any such interference by Landlord or impairment shall its broker or sales agent other than as may be included within a Tenant Delay as defined contained in the Work Letter Lease and shall entitle Landlord to all remedies provided herein for breach of this Lease. Prior to the Possession Date, Tenant shall not enter into any contract for construction of any improvements within the Leased Premises with any person other than Landlord without Landlord's prior written consent. Tenant, at Tenant's expense, shall obtain and maintain any and all necessary permits and licenses to enable Tenant to conduct Tenant’s Permitted Use, and the failure of Tenant to obtain or maintain same shall not as set forth in any manner affect the Tenant’s obligations hereunder. Landlord shall be solely responsible, at its cost and expense, for obtaining all permits and approvals related to the Tenant ImprovementsSection 7(b) below.
Appears in 1 contract
Samples: Lease Agreement (Proofpoint Inc)
Tenant Improvements. Subject to Tenant shall construct and install in the terms Premises the improvements and conditions hereof, Landlord agrees, at its cost fixtures provided for in this Construction Rider ("TENANT IMPROVEMENTS") using Commercial Interior Contractors ("CIC"). Tenant recognizes and expense to complete a “turnkey” interior build-out (“Tenant Improvements”) agrees that CIC is an affiliate of Landlord. Other than the Leased Premises fees charged by CIC in accordance with the conditions stated provisions of the contract between Tenant and CIC, Landlord shall not charge any supervision or management fee in the Work Letter attached hereto as Exhibit C and incorporated hereby pursuant to the Approved Final Plans to be finalized and approved in accordance connection with the Work Letter and Tenant Improvements. Notwithstanding anything contained herein, if Tenant terminates its contract with CIC based upon approval attached thereto. Any changes or modifications to the Approved Final Plans thereafter must be done in writing and signed a material default by both CIC thereunder, then (a) Tenant and Landlord in accordance with the Work Letter. So long as in accordance with Article 19 of this Lease, Tenant agrees that Landlord shall be entitled to selecthire any general contractor of its choice, subject to Landlord's prior approval, which approval shall not be unreasonably withheld, and (b) all references in its reasonable discretion and acting in good faith, all architects, engineers, contractors and material suppliers necessary this Construction Rider to furnish the labor and materials for the construction of the Tenant Improvements. Landlord "CIC" which follow shall be the sole contracting party with respect instead refer to the employment of contractors which perform the work necessary replacement general contractor engaged by Tenant to construct the Tenant Improvements. Improvements consisting of the type and amount of work and materials described on Schedule 2 attached to this Construction Rider are referred to herein as "Building Standard Tenant shall not be entitled Improvements". All Tenant Improvements in addition to access or in substitution for or modification of the Building Standard Tenant Improvements are referred to the Leased Premises prior herein as "Above-Standard Tenant Improvements". Tenant agrees that in order for CIC to the Date of Substantial Completion and Tenant shall not interfere with or impair in any material way the complete construction of the Tenant ImprovementsImprovements by the Rent Commencement Date, CIC will commence construction of the Tenant Improvements before the Base Building Work has been Substantially Completed. Landlord and Tenant agree that the contractor constructing the Base Building Work ("LANDLORD'S CONTRACTOR") and CIC will be performing some work simultaneously in the Premises, and any that Landlord's Contractor and CIC (a) will be asked to coordinate some work with each other, and (b) each may need to schedule a portion of such interference or impairment shall work to meet the other's schedule. The following are milestone dates ("MILESTONES") to be included within a Tenant Delay used in determining progress in constructing the Buildings, as defined in the Work Letter and shall entitle Landlord to all remedies provided herein for breach of this Lease. Prior to the Possession Date, Tenant shall not enter into any contract for such progress affects construction of Tenant Improvements and any improvements within extension of the Leased Premises with any person other than Rent Commencement Date due to reasons of Landlord without Landlord's prior written consent. Tenant, at Tenant's expense, shall obtain and maintain any and all necessary permits and licenses to enable Tenant to conduct Tenant’s Permitted Use, and the failure of Tenant to obtain or maintain same shall not in any manner affect the Tenant’s obligations hereunder. Landlord shall be solely responsible, at its cost and expense, for obtaining all permits and approvals related to the Tenant Improvements.Delay (as hereinafter defined):
Appears in 1 contract
Samples: Lease Agreement (3do Co)
Tenant Improvements. Subject Sublandlord shall provide Subtenant with a Tenant Improvement Allowance of Five Hundred Thousand Dollars ($500,000.00) to the terms and conditions hereof, Landlord agrees, at its cost and expense to complete a “turnkey” interior build-out (“Tenant Improvements”) be used for Subtenant's refurbishment and/or installation of the Leased Premises administrative offices, security and protective devices selected by Subtenant for the Premises, including fencing, fire safety devices such as draft curtains, sprinklers and the like. Sublandlord shall make payments on a progress payment basis as set forth herein. Subtenant shall submit to Sublandlord, from time to time, but not more frequently than once a month, a written request, in accordance a form to be approved by Sublandlord, for disbursement of portions of the allowance set forth above (the "Allowance"). Each such request shall include (i) a copy of the xxxx or invoice, approved by Subtenant, which Subtenant is required to pay, and a certification from Subtenant's construction representative that the amount set forth in such request is due and owing, (ii) executed mechanic's lien releases from all of the contractors working on such improvements, which shall comply with the conditions stated appropriate provisions, as reasonably determined by Sublandlord, of California Civil Code Section 3262(d), and (iii) such additional information and evidence as Sublandlord may reasonably require. Sublandlord shall pay to Subtenant within thirty (30) days after receipt of each such request the amounts so requested by Subtenant in a check made jointly payable to Subtenant's general contractor and to Subtenant, less a ten percent (10%) retention (the aggregate amount of such retention is referred to herein as the "Final Retention"), until such time as the Five Hundred Thousand Dollars ($500,000.00) Allowance has been depleted in its entirety. Sublandlord shall pay to Subtenant by check jointly payable to Subtenant and its general contractor, the Final Retention following the completion of construction of Subtenant's work of improvement in the Work Letter attached hereto as Exhibit C and incorporated hereby pursuant Premises, provided that Subtenant delivers to the Approved Final Plans to be finalized and approved Sublandlord properly executed mechanic lien releases in accordance compliance with the Work Letter and upon approval attached thereto. Any changes or modifications to the Approved Final Plans thereafter must be done in writing and signed by both Tenant and Landlord in accordance with the Work Letter. So long as in accordance with Article 19 of this Lease, Tenant agrees that Landlord shall be entitled to select, in its reasonable discretion and acting in good faith, all architects, engineers, contractors and material suppliers necessary to furnish the labor and materials for the construction of the Tenant Improvements. Landlord shall be the sole contracting party with respect to the employment of contractors which perform the work necessary to construct the Tenant Improvements. Tenant shall not be entitled to access to the Leased Premises prior to the Date of Substantial Completion and Tenant shall not interfere with or impair in any material way the construction of the Tenant ImprovementsCalifornia Civil Code Section 3262(d)(2), and any such interference either Section 3262(d)(3) or impairment shall be included within a Tenant Delay as defined in the Work Letter and shall entitle Landlord to all remedies provided herein for breach of this Lease. Prior to the Possession Date, Tenant shall not enter into any contract for construction of any improvements within the Leased Premises with any person other than Landlord without Landlord's prior written consent. Tenant, at Tenant's expense, shall obtain and maintain any and all necessary permits and licenses to enable Tenant to conduct Tenant’s Permitted Use, and the failure of Tenant to obtain or maintain same shall not in any manner affect the Tenant’s obligations hereunder. Landlord shall be solely responsible, at its cost and expense, for obtaining all permits and approvals related to the Tenant ImprovementsSection 3262(d)(4).
Appears in 1 contract
Samples: Leiner Health Products Inc
Tenant Improvements. Subject Landlord and Tenant have approved those certain partition plans, reflected ceiling plans, power and signal plans, and finish plans for Suites 600, 1200 and 1300 of the Premises attached to the terms Lease as Exhibits A-1, A-2 and conditions hereofA-3 (collectively, the “Space Plan”). Tenant shall cooperate in good faith with Xxxxxxxx’s architects and engineers to supply such information as is necessary to allow Xxxxxxxx’s architects and engineers to complete the architectural and engineering drawings for the Premises, and the final architectural working drawings which are consistent with and are a logical extension of, the Space Plan (as reasonably determined by Landlord) otherwise in accordance with Building standards, sufficient to allow subcontractors to bid on the work and to obtain applicable permits (collectively, the “Working Drawings”). It is the intention of the parties that the Space Plan and the Working Drawings will, to the extent reasonably possible, reflect and be generally consistent with the finishes currently being incorporated by Landlord agreesinto Suite 700 of the Building, as modified as necessary to preserve existing infrastructure within each applicable Suite. Landlord will deliver Working Drawings to Tenant for Tenant’s approval, which approval may be withheld only if Tenant, in good faith, determines that any portion of the Working Drawings does not constitute a logical extension of the Space Plan (“Basis for Disapproval of Working Drawings”) and, in any event, will respond within five (5) Business Days. If Tenant fails to timely respond, Tenant will be deemed to have approved the Working Drawings (the Working Drawings, as so approved [or deemed approved] being referred to herein as the “Approved Working Drawings”). If Tenant disapproves the Approved Working Drawings, Xxxxxx’s notice to Landlord will specify in reasonable detail the Basis for Disapproval of Working Drawings and Landlord will revise and resubmit the Working Drawings to Tenant such that the Working Drawings become a logical extension of the Space Plans and in turn become ready for Tenant’s approval. This process shall continue until the Working Drawings have been approved. Landlord, at its Landlord’s sole cost (except as expressly set forth herein) and expense using Building standard materials and specifications (except to complete a “turnkey” interior build-out the extent otherwise set forth in the Approved Working Drawings), shall construct the improvements in the Premises (the “Tenant Improvements”) of the Leased Premises in accordance with the conditions stated in the Work Letter attached hereto as Exhibit C and incorporated hereby pursuant to the Approved Final Plans to be finalized and approved in accordance with the Work Letter and upon approval attached theretoWorking Drawings. Any Tenant shall make no changes or modifications to (i) the Space Plan, (ii) the Approved Final Plans thereafter must be done in writing and signed by both Tenant and Landlord in accordance with the Work Letter. So long as in accordance with Article 19 of this LeaseWorking Drawings, Tenant agrees that Landlord shall be entitled to select, in its reasonable discretion and acting in good faith, all architects, engineers, contractors and material suppliers necessary to furnish the labor and materials for the construction of the Tenant Improvements. Landlord shall be the sole contracting party with respect to the employment of contractors which perform the work necessary to construct the Tenant Improvements. Tenant shall not be entitled to access to the Leased Premises prior to the Date of Substantial Completion and Tenant shall not interfere with or impair in any material way the construction of (iii) the Tenant Improvements, without the prior written consent of Landlord, which consent may be withheld in Landlord’s sole discretion. Notwithstanding the foregoing, Landlord has approved, in concept, certain minor changes to the Space Plan limited to (i) the addition of a wall at the entrance to Suite 1200 to create an additional conference room at the entrance (the “Specialty Wall”), (ii) the addition of a wall to convert the planned board room within Suite 1200 into two (2) conference rooms, and any such interference or impairment (iii) the removal of a wall within Suite 1300 to convert the two (2) planned conference rooms into one (1) large board room. Xxxxxxxx’s architect will revise the Space Plan to reflect those changes, subject to the terms of this Work Agreement. Landlord will construct the Tenant Improvements in a good workmanlike manner. Tenant shall be included within a Tenant responsible for Tenant’s costs and Delay as defined below in the Work Letter Section 2 and shall entitle Landlord to all remedies provided herein for breach of this Lease. Prior to the Possession DateSection 4.2, Tenant shall not enter into any contract for construction of any improvements within the Leased Premises with any person other than Landlord without Landlord's prior written consent. Tenant, at Tenant's expense, shall obtain and maintain any and all necessary permits and licenses to enable Tenant to conduct Tenant’s Permitted Use, and the failure of Tenant to obtain or maintain same shall not in any manner affect the Tenant’s obligations hereunder. Landlord shall be solely responsible, at its cost and expense, for obtaining all permits and approvals related to the changes described above and any other changes or modifications requested by Tenant Improvementsand Tenant acknowledges that it will be responsible for the complete restoration of the Specialty Wall at the expiration or sooner termination of the Lease, such that the ceiling and carpet in the vicinity are left in good condition and repair (the Specialty Wall will, for such purposes, be deemed a Specialty Alteration).
Appears in 1 contract
Samples: Office Lease Agreement (Turo Inc.)
Tenant Improvements. Subject All obligations to pay the terms and conditions cost of any tenant improvement work owed or to be owed in connection with new leases of the Building executed after the date hereof or the result of the renewal of the Lease, the extension of the term of the Lease, the expansion of the premises demised by the Lease to space within the Building or the exercise of an option to lease additional space in the Building set forth in the Lease occurring after the date hereof, Landlord agreeswhich costs shall include, at but not be limited to, all sums expended by Highwoods for such tenant improvement work (including all overhead costs incurred by Highwoods or its cost and expense affiliates in connection with the performance of the work related to complete a “turnkey” interior build-out such tenant improvements not to exceed five percent (“Tenant Improvements”5%) of the Leased Premises cost of such tenant improvements) and a profit not to exceed ten percent (10%) of the cost of such tenant improvements shall be assumed and paid by the Distributees on the Closing Date by reimbursing Highwoods for the costs of such tenant improvements previously paid by Highwoods in accordance connection with new leases, renewals, extensions, relocations, expansions, or the conditions stated exercise of an option to lease additional space in the Work Letter attached hereto as Exhibit C Building occurring after the date hereof or if the cost of such tenant improvements are not yet due and incorporated hereby pursuant payable by paying the same when they otherwise become due without an adjustment to the Approved Final Plans value of the capital interest of the Distributees in Highwoods to be finalized and approved in accordance with reduced as a result of this transaction. Notwithstanding the Work Letter and upon approval attached thereto. Any changes or modifications foregoing, to the Approved Final Plans thereafter must be done in writing and signed by both Tenant and Landlord in accordance with extent any portion of the Work Letter. So long as in accordance with Article 19 term of this a Lease, Tenant agrees that Landlord shall be entitled to selectand renewals, in its reasonable discretion extensions, expansions and acting in good faith, all architects, engineers, contractors and material suppliers necessary to furnish the labor and materials relocations for the construction of the Tenant Improvements. Landlord shall be the sole contracting party with respect to the employment of contractors which perform the any tenant improvement work necessary to construct the Tenant Improvements. Tenant shall not be entitled to access to the Leased Premises occurs prior to the Date Closing Date, the amount of Substantial Completion and Tenant the value of the capital interest of the Distributees in Highwoods to be reduced as a result of this transaction will be reduced by a pro rata share of such tenant improvement work based upon the percentage of such term (exclusive of any renewal options) which occurs prior the Closing Date. If any tenant improvement work is in process on the Closing Date, Highwoods shall not interfere with or impair in any material way be responsible for completing the construction of thereof, provided, the Tenant Improvements, and any such interference or impairment Distributees shall be included within a Tenant Delay responsible for the costs thereof as defined in the Work Letter and shall entitle Landlord to all remedies provided herein for breach of this Lease. Prior to the Possession Date, Tenant shall not enter into any contract for construction of any improvements within the Leased Premises with any person other than Landlord without Landlord's prior written consent. Tenant, at Tenant's expense, shall obtain and maintain any and all necessary permits and licenses to enable Tenant to conduct Tenant’s Permitted Use, and the failure of Tenant to obtain or maintain same shall not in any manner affect the Tenant’s obligations hereunder. Landlord shall be solely responsible, at its cost and expense, for obtaining all permits and approvals related to the Tenant Improvementsset forth above.
Appears in 1 contract
Samples: Agreement (Highwoods Properties Inc)
Tenant Improvements. Subject to the terms and conditions hereof, Landlord agrees, at its cost and expense to complete a “turnkey” interior build-out (“Tenant Improvements”) of the Leased Premises in accordance with the conditions stated in the Work Letter attached hereto as Exhibit C and incorporated hereby pursuant to the Approved Final Plans to be finalized and approved in accordance with the Work Letter and upon approval attached thereto. Any changes or modifications to the Approved Final Plans thereafter must be done in writing and signed by both Tenant and Landlord in accordance with the Work Letter. So long as in accordance with Article 19 of this Lease, Tenant agrees that Landlord shall be entitled to select, in its reasonable discretion and acting in good faith, all architects, engineers, contractors and material suppliers necessary to furnish the labor and materials approves Tenant's ------------------- preliminary space plan for the construction of the Tenant Improvements. Landlord shall be the sole contracting party with respect to the employment of contractors which perform the work necessary to construct the Tenant Improvements. Tenant shall not be entitled to access to the Leased Premises prior to the Date of Substantial Completion and Tenant shall not interfere with or impair in any material way the construction of the Tenant Improvements, a copy of which is attached as Exhibit B-1. Tenant shall prepare and submit to Landlord for Landlord's ----------- review and approval a final space plan for Tenant's proposed Tenant Improvements to the Premises by June 30, 1997. Within five (5) business days after receipt of Tenant's space plan, Landlord shall notify Tenant of Landlord's approval or disapproval thereof, specifying in reasonable detail the basis for Landlord's disapproval, if applicable. Tenant shall retain a licensed architect for the completion of final working architectural and engineering plans and specifications for the interior improvements based upon the approved space plan ("Tenant Improvement Plans"). Landlord hereby approves of Xxxxxxxxx Design Group as Tenant's architect for preparation of the Tenant Improvement Plans. Tenant shall submit the Tenant Improvement Plans to Landlord by July 15, 1997. Within five (5) business days after Landlord's receipt of the Tenant Improvement Plans, Landlord shall notify Tenant of Landlord's approval or disapproval thereof, specifying in reasonable detail the basis for Landlord's disapproval, if applicable. Landlord shall not unreasonably withhold or delay its consent to the Tenant Improvement Plans. If Landlord fails to notify Tenant of its approval or disapproval, specifying in reasonable detail the basis for any disapproval, within such interference 5-day period, Tenant may again request approval of the Tenant Improvement Plans in writing. If Landlord fails to notify Tenant of Landlord's approval or impairment disapproval of the Tenant Improvement Plans within three (3) business days after Landlord's receipt of Tenant's second notice, then Landlord shall be included within a deemed to have approved the Tenant Delay as defined in Improvement Plans. If Landlord reasonably disapproves the Work Letter and shall entitle Landlord to all remedies provided herein for breach of this Lease. Prior to the Possession DateTenant Improvement Plans, Tenant shall not enter into any contract re- submit revised plans to Landlord for construction of any improvements within the Leased Premises with any person other than Landlord without Landlord's prior written consent. Tenant, at Tenant's expense, shall obtain review and maintain any and all necessary permits and licenses to enable Tenant to conduct Tenant’s Permitted Use, and the failure of Tenant to obtain or maintain same shall not in any manner affect the Tenant’s obligations hereunderapproval within fifteen (15) business days thereafter. Landlord shall have three (3) business days after receipt of the revised Tenant Improvement Plans to approve or disapprove the revised plans. This process shall continue until Landlord has approved the Tenant Improvement Plans or fails to timely disapprove such plans as provided herein. No material revisions to the approved Tenant Improvement Plans shall be solely responsiblemade by Tenant unless approved in writing by Landlord, at its cost and expense, for obtaining all permits and approvals related which approval shall not be unreasonably withheld. If any revisions to the Tenant ImprovementsImprovement Plans are required by any governmental agency to comply with applicable Laws or to obtain any necessary permits, Landlord shall consent to such revisions.
Appears in 1 contract
Samples: Lease (Artisan Components Inc)
Tenant Improvements. Subject to the terms and conditions hereofset forth in this Article Sixteen, Landlord agreeswill provide Tenant with an improvement allowance (the "Tenant Improvement Allowance") of up to Two and 50/100 Dollars ($2.50) per square foot of the Property, at its cost for the costs relating to the initial design and expense to complete a “turnkey” interior build-out construction of permanently affixed improvements (“the "Tenant Improvements”") of the Leased Premises in accordance with the conditions stated in the Work Letter attached hereto as Exhibit C and incorporated hereby pursuant to the Approved Final Plans Property desired to be finalized and approved in accordance with the Work Letter and upon approval attached theretomade by Tenant. Any changes or modifications The Tenant Improvement Allowance may be used for any costs relating to the Approved Final Plans thereafter must be done in writing initial design and signed by both Tenant and Landlord in accordance with the Work Letter. So long as in accordance with Article 19 of this Lease, Tenant agrees that Landlord shall be entitled to select, in its reasonable discretion and acting in good faith, all architects, engineers, contractors and material suppliers necessary to furnish the labor and materials for the construction of the Tenant Improvements, including without limitation, architectural and engineering fees for preparation of preliminary space plans and architectural, electrical, mechanical and engineering working drawings and the contractor's fees. Tenant shall pay to Landlord shall a construction supervision fee, all or part of which may be paid out of the sole contracting party with respect Tenant Improvement Allowance, in an amount equal to one percent (1%) of the employment Tenant Improvement Allowance amount. Prior to commencement of contractors which perform the work necessary to construct the Tenant Improvements, Tenant will furnish Landlord with all plans and specifications for the Tenant Improvements (collectively, the "Plans and Specifications") for Landlord's approval (which approval shall not be unreasonably withheld or delayed). Within fourteen (14) days after receipt of the Plans and Specifications, Landlord shall notify Tenant whether or not Landlord shall require Tenant to remove the initial Tenant Improvements to the Property at the expiration the Lease Term and restore the Property to the same condition as received. The Tenant Improvements shall be constructed in accordance with the approved Plans and Specifications by a contractor selected by Tenant and reasonably approved by Landlord, provided such contractor satisfies Landlord's insurance requirements. The Tenant Improvements shall be performed and completed in compliance with all applicable laws, codes, rules and regulations, including any permit requirements, without any unpaid claims for material, labor or supplies. Tenant shall furnish to Landlord executed construction permits and such invoices, affidavits, releases, and other documentation as Landlord may reasonably request, to be assured, to Landlord's satisfaction, that the Tenant Improvements have been completed in accordance with the Plans and Specifications approved by Landlord and have been paid for by Tenant. Provided Tenant complies with all of the terms and conditions of this Lease, including but not limited to, proof of payment of all bills and delivery to Landlord of unconditional lien releases from all contractors, subcontractors and material suppliers, Landlord shall make progress payments to Tenant in accordance with Landlord's disbursement procedures for Tenant's costs incurred in connection with the Tenant Improvements up to an amount not to exceed the amount of the Tenant Improvement Allowance. Tenant will be responsible for paying all costs of the Tenant Improvements in excess of the Tenant Improvement Allowance. If the cost of the Tenant Improvements is less than the Tenant Improvement Allowance, Tenant shall not be entitled to access to the Leased Premises prior to the Date of Substantial Completion and Tenant shall not interfere with or impair in any material way the construction remaining portion of the Tenant ImprovementsImprovement Allowance or any credit, and deduction or offset against rent or any such interference or impairment shall be included within a Tenant Delay as defined in the Work Letter and shall entitle Landlord to all remedies provided herein for breach of other amounts due under this Lease. Prior to the Possession Date, Tenant shall not enter into any contract for construction of any improvements within the Leased Premises with any person other than Landlord without Landlord's prior written consent. Tenant, at Tenant's expense, shall obtain and maintain any and all necessary permits and licenses to enable Tenant to conduct Tenant’s Permitted Use, and the failure of Tenant to obtain or maintain same shall not in any manner affect the Tenant’s obligations hereunder. Landlord shall be solely responsible, at its cost and expense, for obtaining all permits and approvals related to the Tenant Improvements.
Appears in 1 contract
Samples: Industrial Real Estate Lease (All American Semiconductor Inc)
Tenant Improvements. Subject The Premises are being provided by the Landlord in their current as-is condition together with, but not necessarily limited to, all existing demising and interior partitions, doors, frames and hardware, ceilings, electrical fixtures and distribution wiring, HVAC distribution systems and controls, sprinkler systems, fire alarm systems and controls exit lighting, interior finishes, built-in millwork, and any and all other improvements located therein. The Landlord shall provide the Tenant with all necessary Working Drawings, permits, demolition, general, mechanical, electrical and plumbing construction and interior finishes (the "TENANT IMPROVEMENTS") to the terms construct, modify, alter or otherwise improve and conditions hereof, Landlord agrees, at its cost and expense to complete a “turnkey” interior build-out (“Tenant Improvements”) prepare that portion of the Leased Premises shown on EXHIBIT A as the area of construction in accordance with the conditions stated final Working Drawings as described in PARAGRAPH 27.01, provided however the Landlord's obligation for the cost of said Tenant Improvements shall not exceed SIXTY THREE THOUSAND SIX HUNDRED NINETY AND 00/100 dollars ($63,690.00) (the "TENANT IMPROVEMENT ALLOWANCE"). The cost of the Tenant Improvements shall be determined by the Landlord after mutual agreement by the Landlord and the Tenant of the Working Drawings and prior to the commencement of any work or construction by the Landlord. In the event the cost of the Tenant Improvements exceed the Landlord's obligation as herein described, or in the Work Letter attached hereto as Exhibit C and incorporated hereby pursuant event the actual cost to construct the Tenant Improvements exceed the Landlord's obligation due to changes requested by the Tenant to the Approved Final Plans to be finalized and approved final Working Drawings, then, in accordance with such event, the Work Letter and upon approval attached thereto. Any changes or modifications to the Approved Final Plans thereafter must be done in writing and signed by both Tenant and Landlord in accordance with the Work Letter. So long as in accordance with Article 19 of this Lease, Tenant agrees that Landlord shall be entitled to select, in its reasonable discretion and acting in good faith, all architects, engineers, contractors and material suppliers necessary to furnish the labor and materials responsible for the construction additional cost in excess of the Landlord's obligation and shall reimburse the Landlord for such excess immediately upon completion of the Tenant Improvements. Landlord Any excess cost due from the Tenant shall be considered as Additional Rent and shall be due and payable upon the sole contracting party with respect first installment of Rent and subject to all provisions, terms and conditions of Rent and Additional Rent as herein provided. In the employment event the cost of contractors which perform Tenant Improvements exceeds the work necessary to construct Landlord's obligation and the Tenant Improvements. Tenant shall not be entitled to access to disputes the Leased Premises prior to the Date of Substantial Completion and Tenant shall not interfere with or impair in any material way the construction Landlord's cost estimate of the Tenant Improvements, and any such interference or impairment shall be included within a Tenant Delay as defined in refuses to pay the Work Letter and shall entitle excess cost, or requires the Landlord to all remedies provided herein for breach of this Lease. Prior redesign, modify, or otherwise change the final Working Drawings in an effort to reduce cost, or requests the Possession Date, Tenant shall not enter into any contract for construction of any improvements within the Leased Premises with any person other than Landlord without Landlord's prior written consent. Tenant, at Tenant's expense, shall obtain and maintain any and all necessary permits and licenses to enable Tenant to conduct Tenant’s Permitted Use, and the failure of Tenant to obtain or maintain same shall not in any manner affect the Tenant’s obligations hereunder. Landlord shall be solely responsible, at its additional cost and expense, for obtaining all permits and approvals related to estimates of the Tenant Improvements., the Landlord may do so, however, such redesigning, modifications or changes shall be considered a delay to the Landlord as provided in SECTION 27.01 and the Commencement Date of the Term of this Lease shall not be delayed by such action. Notwithstanding anything to the contrary contained herein this PARAGRAPH 39.01, in the event the cost of the Tenant Improvements exceeds NINETY THOUSAND AND 00/100 DOLLARS ($90,000.00), the Landlord shall increase the Tenant Improvement Allowance up to a maximum increase of TEN THOUSAND AND 00/100 DOLLARS ($10,000.00) and such increase amount shall be amortized over the term of this Lease at an annual rate of 9.5% and the monthly amortized amount shall be added to the monthly Rent amounts stipulated in PARAGRAPH 53.01-1, however in no event shall the Landlord's total contribution towards the cost of Tenant Improvements exceed SEVENTY THREE THOUSAND SIX HUNDRED NINETY AND 00/100 DOLLARS ($73,690.00)
Appears in 1 contract
Tenant Improvements. Unless specified otherwise herein, Tenant shall bear and pay the cost of the Tenant Improvements,(which cost shall include, without limitation, the costs of construction as provided for in the Tenant Improvement Contractor’s contract, the cost of permits, all architectural, design, space planning, and engineering services obtained by Tenant in connection with Tenant Improvements, laboratory and office improvements, wiring and cabling costs, and cubicle costs and the construction supervision fee payable to Landlord in an amount equal to the lesser of (i) $150,000, and (ii) 1.5% of the cost (excluding such fee) of the Tenant Improvements; provided that so long as Tenant is not in default under the Lease beyond all applicable notice and cure periods, Landlord shall contribute a maximum of $150 per rentable square foot, for an aggregate maximum of (a) $15,121,200 (the “Tenant Improvement Allowance”), which shall be utilized only building improvements to the Building, the Generator and for any related costs, including but not limited to design, engineering, construction, furniture and equipment appurtenant to the Leased Premises, cabling, project management fees, moving expenses, and signage, plus (b) the additional sum of $350,000 (the “Elevator Allowance”) to be used by Tenant to partially defray the cost of the freight elevator to be installed by Tenant. The Tenant Improvement Allowance shall be available to Tenant until the later of (i) December 1, 2022, as may be delayed by Force Majeure and Landlord Delays, and (ii) the date that is thirty (30) months after the Lease Commencement Date (the “TI Allowance Deadline”), after which Tenant shall have no further right to request any unrequested portion of the Tenant Improvement Allowance. The Elevator Allowance shall be available to Tenant until December 31, 2026, as may be delayed by Force Majeure and Landlord Delays (the “Elevator Allowance Deadline”; together with the TI Allowance Deadline, each an “Allowance Deadline”), after which Tenant shall have no further right to request any unrequested portion of the Elevator Allowance. Landlord acknowledges that Tenant may complete pre-construction, construction and installation of the freight elevator in phases over the course of the Term of the Lease, and agrees to make payments (which may be in multiple draws) of the Elevator Allowance to Tenant in accordance with this Paragraph 3. Subject to the terms applicable Allowance Deadline, based upon applications for payment prepared, certified and conditions hereofsubmitted by Tenant as described below, Landlord agrees, at its cost and expense shall make progress payments from the Tenant Improvement Allowance or Elevator Allowance to complete a “turnkey” interior build-out (“Tenant Improvements”) of the Leased Premises in accordance with the conditions stated in the Work Letter attached hereto as Exhibit C and incorporated hereby pursuant to the Approved Final Plans to be finalized and approved in accordance with the Work Letter and upon approval attached thereto. Any changes or modifications to the Approved Final Plans thereafter must be done in writing and signed by both Tenant and Landlord in accordance with the Work Letter. So long as in accordance with Article 19 provisions of this Lease, Tenant agrees that Landlord shall be entitled to select, in its reasonable discretion and acting in good faith, all architects, engineers, contractors and material suppliers necessary to furnish the labor and materials for the construction of the Tenant Improvements. Landlord shall be the sole contracting party with respect to the employment of contractors which perform the work necessary to construct the Tenant Improvements. Tenant shall not be entitled to access to the Leased Premises prior to the Date of Substantial Completion and Tenant shall not interfere with or impair in any material way the construction of the Tenant Improvements, and any such interference or impairment shall be included within a Tenant Delay Paragraph 3 as defined in the Work Letter and shall entitle Landlord to all remedies provided herein for breach of this Lease. Prior to the Possession Date, Tenant shall not enter into any contract for construction of any improvements within the Leased Premises with any person other than Landlord without Landlord's prior written consent. Tenant, at Tenant's expense, shall obtain and maintain any and all necessary permits and licenses to enable Tenant to conduct Tenant’s Permitted Use, and the failure of Tenant to obtain or maintain same shall not in any manner affect the Tenant’s obligations hereunder. Landlord shall be solely responsible, at its cost and expense, for obtaining all permits and approvals related to the Tenant Improvements.follows:
Appears in 1 contract
Samples: Lease (Personalis, Inc.)
Tenant Improvements. Subject to the terms and conditions hereof, Landlord agreesAll Tenant Improvements shall be performed by Landlord’s contractor, at its Tenant’s sole cost and expense (subject to complete a “turnkey” interior build-out (“Landlord’s obligations with respect to any portion of the TI Allowance used by Landlord in completing the Tenant Improvements”) of the Leased Premises and in substantial accordance with the conditions stated in Approved Plans (as defined below), the Work Letter attached hereto as Exhibit C Lease and incorporated hereby pursuant to the Approved Final Plans to be finalized and approved in accordance with the Work Letter and upon approval attached thereto. Any changes or modifications to the Approved Final Plans thereafter must be done in writing and signed by both Tenant and Landlord in accordance with the this Work Letter. So long as in accordance with Article 19 of this Lease, Tenant agrees To the extent that Landlord shall be entitled to select, in its reasonable discretion and acting in good faith, all architects, engineers, contractors and material suppliers necessary to furnish the labor and materials for the construction total projected cost of the Tenant Improvements. Improvements (as projected by Landlord) exceeds the TI Allowance (such excess, the “Excess TI Costs”), Tenant shall pay the costs of the Tenant Improvements on a pari passu basis with Landlord shall be as such costs become due, in the sole contracting party with respect proportion of Excess TI Costs payable by Tenant to the employment of contractors which perform TI Allowance payable by Landlord. In the work necessary event Tenant wishes to construct value engineer the Tenant Improvements. Tenant shall not be entitled to access to the Leased Premises Improvements prior to its approval of the Date of Substantial Completion and Tenant shall not interfere with or impair in any material way the construction of budget for the Tenant Improvements, and Tenant will be permitted to do so; provided that any delay caused by such interference or impairment value engineering shall be included within a Tenant Delay delay and the date of Substantial Completion of the Tenant Improvements for purposes of calculating the Expansion Commencement Date will be deemed to be the date that Substantial Completion would have occurred absent such delay. If the cost of the Tenant Improvements (as defined projected by Landlord) increases over Landlord’s initial projection, then Landlord may notify Tenant and Tenant shall deposit any additional Excess TI Costs with Landlord in the 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 Work Letter Letter, then Landlord shall have all of the rights and shall entitle Landlord remedies set forth in the Lease for nonpayment of Rent (including the right to all remedies provided herein interest and the right to assess a late charge), and for breach of this Lease. Prior to the Possession Date, Tenant shall not enter into any contract for construction purposes of any improvements within litigation instituted with regard to such amounts the Leased Premises with any person other than same shall be considered Rent. All material and equipment furnished by Landlord without Landlord's prior written consent. Tenant, at Tenant's expense, or its contractors as the Tenant Improvements shall obtain and maintain any and all necessary permits and licenses to enable Tenant to conduct Tenant’s Permitted Use, be new or “like new,” and the failure of Tenant to obtain or maintain same Improvements shall not be performed in any manner affect the Tenant’s obligations hereundera first-class, workmanlike manner. Landlord shall be solely responsible, at its cost and expense, will complete the final accounting for obtaining all permits and approvals related to the Tenant ImprovementsImprovements promptly after Substantial Completion of same.
Appears in 1 contract
Tenant Improvements. Subject to the terms and conditions hereof, Landlord agreesTenant, at its sole cost and expense expense, subject to complete a “turnkey” interior build-out (“Tenant Improvements”) the application of the Leased Improvement Allowance (hereinafter defined), shall furnish and install in the Premises in accordance with the conditions stated terms of this Work Agreement, the improvements set forth in the Work Letter attached hereto Tenant’s Plans (hereinafter defined) which shall be approved by Landlord in accordance with Paragraph B.3, below (the “Tenant Improvements”). Except as Exhibit C otherwise expressly set forth herein, all costs of all design, space planning, and incorporated hereby pursuant architectural and engineering work for or in connection with the Tenant Improvements, including without limitation all drawings, plans, specifications, licenses, permits or other approvals relating thereto, and all insurance and other requirements and conditions hereunder, and all costs of construction, including supervision thereof, shall be at Tenant’s sole cost and expense, subject to the Approved Final Plans to be finalized and approved application of the Improvement Allowance in accordance with the terms of this Work Letter and upon approval Agreement. Notwithstanding the foregoing, Landlord shall reimburse Tenant for one-half (1/2) of the reasonable costs (without subtracting such costs from the Improvement Allowance) incurred by Tenant in constructing the demising wall in the location set forth on the attached thereto. Any changes or modifications Exhibit A (the “Demising Wall”) within thirty (30) days after Landlord’s receipt of the information set forth in subparagraphs (a) through (d) in Paragraph C.2, below, with respect to the Approved Final Plans thereafter must be done Demising Wall. Tenant shall construct the Demising Wall as part of Tenant’s construction of the Tenant Improvements in writing and signed by both the Premises. Tenant and Landlord in accordance with shall cause the Work Letter. So long Contractor (hereinafter defined) to separately price the Demising Wall as in accordance with Article 19 part of this Lease, Tenant agrees that Landlord shall be entitled to select, in its reasonable discretion and acting in good faith, all architects, engineers, contractors and material suppliers necessary to furnish the labor and materials bid pricing for the construction of the Tenant Improvements. The Contractor shall provide “open book” pricing with respect to its proposed bid price for the construction of the Demising Wall, and Landlord shall be permitted to negotiate said pricing with the sole contracting party with respect to the employment of contractors which perform the work necessary to construct Contractor after the Tenant Improvements. Tenant shall not be entitled to access to receives the Leased Premises prior to the Date of Substantial Completion and Tenant shall not interfere with or impair in any material way Contractor’s bid price for the construction of the Tenant Improvements, and any such interference or impairment shall be included within a Tenant Delay as defined in the Work Letter and shall entitle Landlord to all remedies provided herein for breach of this Lease. Prior to the Possession Date, Tenant shall not enter into any contract for construction of any improvements within the Leased Premises with any person other than Landlord without Landlord's prior written consent. Tenant, at Tenant's expense, shall obtain and maintain any and all necessary permits and licenses to enable Tenant to conduct Tenant’s Permitted Use, and the failure of Tenant to obtain or maintain same shall not in any manner affect the Tenant’s obligations hereunder. Landlord shall be solely responsible, at its cost and expense, for obtaining all permits and approvals related to the Tenant Improvements.
Appears in 1 contract
Samples: Work Agreement (Smart Online Inc)
Tenant Improvements. Subject Landlord agrees to improve the premises as -------------------- shown and described on Exhibits A. and B. attached hereto and made a part hereof. Any additional improvements to the terms and conditions hereof, Landlord agrees, at its cost and expense to complete a “turnkey” interior build-out (“Tenant Improvements”) of the Leased Premises in accordance with the conditions stated in the Work Letter attached hereto as Exhibit C and incorporated hereby pursuant to the Approved Final Plans to be finalized and approved in accordance with the Work Letter and upon approval attached thereto. Any changes or modifications to the Approved Final Plans thereafter must be done in writing and signed by both Tenant and Landlord in accordance with the Work Letter. So long as in accordance with Article 19 of this Lease, Tenant agrees that Landlord shall be entitled to select, in its reasonable discretion and acting in good faith, all architects, engineers, contractors and material suppliers necessary to furnish the labor and materials for the construction of the Tenant Improvements. Landlord premises not specifically addressed therein shall be the sole contracting party responsibility of the Tenant. Should Tenant request that additional improvements not contained therein be provided by Landlord, such request must be in writing from a duly authorized representative of Tenant and agreed to by Landlord. Landlord shall then advise Tenant in writing of the cost associated with respect to the employment of contractors which perform the work necessary to construct the Tenant Improvements. Tenant said additional improvements and shall not be entitled proceed to access provide said additional improvements until authorized to do so in writing by the Leased Premises prior to the Date duly authorized representative of Substantial Completion and Tenant shall not interfere with or impair in any material way the construction Tenant. Within thirty(30) days of completion of the Tenant ImprovementsImprovements in their entirety, Tenant shall pay to Landlord the costs of all such additional improvements. The Tenant Improvements shall be deemed complete upon issuance of a "Certificate of Occupancy" (or its local equivalent) by the appropriate local governmental agency or agencies. Landlord shall represent, warrant and provide evidence that the air handling systems within the building are of a satisfactory air quality. Such air quality testing shall include analyzing the building air handling system to ensure that any toxin-containing materials or fibers are not circulated or vented into the premises. Landlord will be responsible for payment for tests of the system upon completion of tenant improvements and will be responsible for the repairs and/or replacement of equipment and/or ducting and/or venting as necessary to accomplish the foregoing. Landlord shall warrant that all tenant improvement work performed in the premises, the roof, the existing HVAC system, windows and seals, and electrical and plumbing systems and equipment are in good working order as of the date of lease commencement. In addition, Landlord shall deliver the premises in a condition that meets all codes and regulations, the Americans With Disabilities Act (ADA), and any such interference or impairment shall Title 24 requirements as the aforementioned exist as of the date of the lease. Tenant will be included within a Tenant Delay as defined in responsible for costs associated with compliance with the Work Letter and shall entitle Landlord to all remedies provided herein ADA only for breach of this Lease. Prior those interior items that may become required subsequent to the Possession Date, Tenant shall date of the lease. Landlord will be responsible for any such costs associated with compliance with the ADA on the grounds outside of the premises. Landlord will not enter into any contract assume responsibility for construction making the mezzanine level wheelchair accessible. To the best of any improvements within the Leased Premises with any person other than Landlord without Landlord's prior written consent. Tenantknowledge, at Tenant's expensethe building does not contain, shall obtain nor has ever contained, asbestos containing materials; and maintain any and all necessary permits and licenses to enable Tenant to conduct Tenant’s Permitted Usethere is no current use, and storage or disposal of significant quantities of hazardous materials on the failure of Tenant to obtain or maintain same shall not in any manner affect the Tenant’s obligations hereunder. Landlord shall be solely responsible, at its cost and expense, for obtaining all permits and approvals related to the Tenant Improvementssite.
Appears in 1 contract
Samples: Industrial Real Estate Lease (Maxwell Laboratories Inc /De/)
Tenant Improvements. Subject a. Tenant shall improve the Premises by constructing 10,000 to 12,000 square feet of additional (mostly) second story office space (the "Additional Office Space") which shall be attached to and contiguous with and located to the terms rear (southwest) of that certain "Existing Office Space" as depicted on a preliminary floor plan (the "Preliminary Floor Plan") to be prepared by Tenant and conditions hereofdelivered to Landlord for Landlord's reasonable approval, which approval shall not be unreasonably withheld or delayed. Tenant shall deliver said Preliminary Floor Plan on or before the Early Occupancy Commencement Date, and Landlord shall have five (5) business days to approve the same. Upon said approval, said Preliminary Floor Plan shall be attached hereto as Exhibit E. b. Tenant shall also effect renovations of and alterations to the Existing Office Space (the construction of the Additional Office Space and renovation of and alterations to the Existing Office Space shall hereinafter be referred to as the "Tenant Improvements"), subject to the Landlord's consent as required herein. Prior to the Early Occupancy Commencement Date, if possible, and in any event, prior to commencing any renovations or alterations, Tenant shall submit the plans (the "Plans") and specifications (the "Specifications") for the Tenant Improvements (collectively, the "Tenant Improvement Plans") to Landlord for Landlord's approval. Landlord's approval shall not be unreasonably withheld or delayed. Additionally, Landlord agreesshall have no right to object to Tenant Improvement Plans to the extent that they are consistent with the Preliminary Floor Plan. Landlord's consent to any part of the Tenant Improvement Plans that are inconsistent with and/or not delineated in the Tenant Improvement Plans will be entirely within the Landlord's discretion. If Landlord fails to respond to the submittal by Tenant of the Tenant Improvement Plans within five (5) business days from submission, those Tenant Improvement Plans shall be deemed approved. A final revised set of Tenant Improvement Plans reflecting any and all changes by any and all applicable governmental agencies shall be attached hereto as Exhibit "F". Tenant shall pay all costs incurred by Tenant in connection with the preparation of the Tenant Improvement Plans, subject to Tenant being permitted to use a portion of the Tenant Improvement Allowance to pay for such costs and expenses as hereinafter provided. The Premises shall be completed by Tenant and its contractor(s), at its cost and expense Tenant's sole expense, subject to complete a “turnkey” interior build-out (“the Tenant Improvements”) of the Leased Premises Improvement Allowance referred to herein, in accordance with the conditions stated Tenant Improvement Plans. c. Unless otherwise expressly permitted by Landlord, all the Tenant Improvements shall be performed in a good and workmanlike manner with the Work Letter attached hereto as Exhibit C use of first class materials and incorporated hereby pursuant to the Approved Final Plans to be finalized and approved in accordance with all (1) applicable building and zoning laws and other laws, orders, codes, rules, regulations and requirements of all federal, state, municipal, public and governmental agencies and governments, and (2) orders, rules and regulations of any applicable board of fire underwriters or any other body now or later constituted performing similar functions in the Work Letter county where the Premises are located. d. At least two (2) days prior to commencement of construction, Tenant shall deliver to Landlord a certificate of insurance for each of Tenant's contractors evidencing adequate insurance coverage naming Landlord and upon approval attached theretoLandlord's agent as additional insureds. Any changes or modifications -7- <PAGE> e. In addition to the Approved Final Plans thereafter must be done right of Landlord and its agents to inspect the Premises set forth elsewhere in writing and signed by both Tenant and Landlord in accordance with the Work Letter. So long as in accordance with Article 19 of this Lease, Tenant agrees that Landlord and its agents shall be entitled have the right to select, in its reasonable discretion and acting in good faith, all architects, engineers, contractors and material suppliers necessary to furnish the labor and materials for the construction conduct walk-through inspections of the Premises as completed by Tenant Improvements. Landlord shall be the sole contracting party with respect to the employment of contractors which perform the work necessary to construct the Tenant Improvements. Tenant shall not be entitled to access to the Leased Premises and prior to the Date disbursement of Substantial Completion and each Tenant shall not interfere with or impair in any material way the construction of the Tenant ImprovementsImprovement Allowance draw, and any such interference or impairment shall be included within a Tenant Delay as defined in the Work Letter and shall entitle Landlord to all remedies provided herein for breach of this Lease. Prior to the Possession Dateprovided, however, Tenant shall not enter into have the right to have Landlord or any contract for construction of any improvements within the Leased Premises with any person other than Landlord without Landlord's prior written consentagents accompanied by an authorized Tenant representative while on the Premises. Tenant, at f. The warranties from Tenant's expense, shall obtain and maintain any and all necessary permits and licenses to enable Tenant to conduct Tenant’s Permitted Use, and the failure of Tenant to obtain or maintain same shall not in any manner affect the Tenant’s obligations hereunder. Landlord contractor(s) shall be solely responsiblefor the benefit of Landlord as well as Tenant and, at its cost and expense, for obtaining all permits and approvals related to the extent available, Tenant Improvements.shall deliver copies of such warranties to Landlord upon receipt. g.
Appears in 1 contract
Samples: Disturbance and Attornment Agreement
Tenant Improvements. Subject Prior to the terms and conditions hereofLease Commencement Date, Landlord agreesshall, at its cost in a good and expense workmanlike manner and with building-standard materials, make improvements to complete a “turnkey” interior build-out the Premises (“"Tenant Improvements”") of the Leased Premises in accordance with the conditions stated in the Work Letter attached hereto as Exhibit C plans and incorporated hereby pursuant to the Approved Final specifications ("Plans and Specifications") to be finalized prepared by Landlord and approved in accordance with writing by Tenant, which approval shall not be unreasonably withheld. In connection therewith, Landlord will prepare a budget for Tenant's review and approval. Once the Work Letter Plans and upon approval Specifications are acceptable to both parties, it is agreed that same shall be attached thereto. Any changes or modifications to the Approved Final Plans thereafter must be done in writing hereto and signed by both Tenant and Landlord in accordance with the Work Letter. So long as in accordance with Article 19 become a part of this Lease, Tenant agrees that being identified as SCHEDULE B. Except as otherwise specifically provided in this Lease, Landlord shall be entitled to select, in its reasonable discretion and acting in good faith, all architects, engineers, contractors and material suppliers necessary to furnish the labor and materials for the construction of the Tenant Improvements. Landlord shall be the sole contracting party with respect to the employment of contractors which perform the work necessary to construct the Tenant Improvements. Tenant shall not be entitled to access 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 the Leased Premises prior extent the Tenant Allowance (hereinafter defined) is not fully utilized to pay for the Date of Substantial Completion and Tenant shall not interfere with or impair in any material way the construction 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 submits to Landlord invoices evidencing such cabling and/or moving expenses. Landlord agrees to bear the cost of the Tenant Improvements in an amount not to 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 Tenant Improvements in excess of the Tenant Allowance and to make such interference or impairment payment within thirty (30) 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 Tenant Allowance over the total cost of constructing the Tenants Improvement shall be included within a Tenant Delay as defined in the Work Letter and shall entitle Landlord belong solely to all remedies provided herein for breach of this LeaseLandlord. Prior Any other initial improvements to the Possession Date, Tenant shall Premises not enter into any contract for construction of any improvements within shown on the Leased Premises with any person other than Landlord without Plans and Specifications are subject to Landlord's prior written consent. Tenantapproval, at Tenant's expensewhich approval shall not be unreasonably withheld or delayed, and such improvements shall obtain and maintain any and all necessary permits and licenses to enable Tenant to conduct Tenant’s Permitted Usebe performed by Landlord, and the failure of cost thereof shall be paid by Tenant to obtain or maintain Landlord within thirty (30) days following receipt of an invoice for same from Landlord. Any amounts payable by Tenant hereunder shall include Landlord's standard construction management fee computed on the total cost of construction (currently 13.5%), including but not in any manner affect the Tenant’s obligations hereunder. Landlord shall be solely responsible, at its cost and expense, for obtaining all permits and approvals related limited to the Tenant Improvementscost of developing, preparing and modifying construction drawings.
Appears in 1 contract
Tenant Improvements. Subject Tenant shall be responsible for the design and construction of all initial improvements to the terms and conditions hereof, Landlord agrees, at its cost and expense to complete a “turnkey” interior build-out Premises (the “Tenant ImprovementsImprovement Work”) of the Leased Premises in accordance with the conditions stated in the Work Letter attached hereto as Exhibit C and incorporated hereby pursuant shall use diligent efforts to the Approved Final Plans to be finalized and approved in accordance with the Work Letter and upon approval attached thereto. Any changes or modifications to the Approved Final Plans thereafter must be done in writing and signed by both Tenant and Landlord in accordance with the Work Letter. So long as in accordance with Article 19 of this Lease, Tenant agrees that Landlord shall be entitled to select, in its reasonable discretion and acting in good faith, all architects, engineers, contractors and material suppliers necessary to furnish the labor and materials for cause the construction of the Tenant ImprovementsImprovement Work in a first class manner and in compliance with all Applicable Laws. Without limiting any other provision of this Lease, all of the provisions of this Article 9 and of Article 10 (Liens) shall apply to the Tenant Improvement Work. Landlord shall provide to Tenant a Tenant Improvement Allowance in the amount of $11.40 per square foot of Rentable Area, for a total Tenant Improvement Allowance of $500,000. Any costs in excess of the Tenant Improvement Allowance shall be paid by Tenant. The Tenant Improvement Allowance shall be used for the sole contracting party cost of developing and constructing the improvements to the Premises as set forth in the Site Plan dated May 14, 2004 and hereby approved by Landlord (including architects, design, inspection, construction and project management costs and related services and expenses, insurance and utilities) and shall not be used for any items of personal property. Landlord shall pay the Tenant Improvement Allowance to Tenant after the later of: (a) the date Tenant occupies the Premises and commences its business operations from the Premises, and (b) the Rent Commencement Date; provided that Tenant has provided to Landlord (x) an itemized statement of Tenant Improvement Work expenses, accompanied by reasonably detailed invoices and other supporting information as is reasonably requested by Landlord, and (y) either (i) unconditional lien releases in the form required under California Civil Code Section 3262 from all contractors, subcontractors and materialmen who shall have furnished materials or supplies or performed work or services in connection with the Tenant Improvement Work or (ii) evidence that Tenant has bonded over any liens that are in good faith disputed by Tenant. In the event Tenant does not expend all of the Tenant Improvement Allowance in construction of the Tenant Improvement Work, Landlord shall pay such excess amount to Tenant with the payment of the expended Tenant Improvement Allowance pursuant to the foregoing sentence. Notwithstanding the foregoing, Landlord shall have no obligation to pay the Tenant Improvement Allowance to the extent that (i) an Event of Default by Tenant exists under this Lease; (ii) a lien has been filed with respect to the employment Tenant Improvement Work that has not been released (subject to Tenant’s right to bond over any liens that are in good faith disputed by Tenant); (iii) Tenant is not in compliance with the terms of contractors which perform the work necessary to construct all applicable permits for the Tenant Improvements. Tenant shall Improvement Work; or (iv) the insurance required under this Lease is not be entitled in full force and effect; in each case until such Event of Default or failure to access to the Leased Premises prior to the Date of Substantial Completion and Tenant shall not interfere with or impair in any material way the construction of the Tenant Improvements, and any such interference or impairment shall be included within a Tenant Delay as defined in the Work Letter and shall entitle Landlord to all remedies provided herein for breach of this Lease. Prior to the Possession Date, Tenant shall not enter into any contract for construction of any improvements within the Leased Premises with any person other than Landlord without Landlord's prior written consent. Tenantcomply is cured, at Tenant's expense, shall obtain and maintain any and all necessary permits and licenses to enable Tenant to conduct Tenant’s Permitted Use, and the failure of Tenant to obtain or maintain same shall not in any manner affect the Tenant’s obligations hereunder. Landlord shall which time payment will be solely responsible, at its cost and expense, for obtaining all permits and approvals related to the Tenant Improvementsmade.
Appears in 1 contract
Tenant Improvements. Subject Prior to the terms and conditions hereofLease Commencement Date, Landlord agrees, at its cost shall make the improvements to the Premises described in the Plans and expense Specifications to complete a “turnkey” interior build-out (“be developed under the heading "Tenant Improvements”" ("Tenant Improvements") of the Leased Premises in accordance with the conditions stated in the Work Letter attached hereto as Exhibit C and incorporated hereby pursuant to the Approved Final Plans to be finalized and approved Schedule C, in accordance with the Work Letter then-current Baltimore City building, health, fire, and upon approval attached theretoother codes, rules and ordinances applicable to office buildings in downtown Baltimore City regardless of the applicability of such codes generally to real property owned by the State of Maryland or its agencies or instrumentalities. Landlord shall bear the cost of the Tenant Improvements in an amount not to exceed Eighty-five Thousand Dollars ($85,000.00). Any changes or modifications cost in Tenant Improvements in excess of $85,000 shall be the sole responsibility of Tenant. Landlord and Tenant have agreed that Landlord shall finance the Tenant Improvements ("Tenant Improvement Financing") in an amount not to the Approved Final Plans thereafter must be done in writing and signed by both Tenant and Landlord exceed Eighty- five Thousand Dollars ($85,000.00) at an interest rate of seven percent (7%) per annum in accordance with the Work Letterschedule for repayment attached hereto as Schedule D. The Tenant Improvement Financing shall be secured by a letter of credit, in an amount equal to the unamortized portion of the Tenant Improvement Financing, which letter of credit shall be obtained by Tenant from a lender and on terms satisfactory to Landlord. So long as The Tenant Improvement Financing shall be prepaid upon the occurrence of an Event of Default under this Lease or in accordance with Article 19 the event this Lease is terminated and Landlord has not otherwise been paid the full outstanding amount of this Leasethe Tenant Improvement Financing from insurance proceeds or taking awards. Landlord and Tenant acknowledge the desirability of limiting the costs of the Tenant Improvements to $85,000 (the "Budget"), thereby limiting Tenant's exposure for excess costs. Landlord and Tenant agrees that shall use all reasonable efforts to cause the architect designing the Tenant Improvements to produce Plans and Specifications describing Tenant Improvements which can be constructed within the Budget. Landlord shall be entitled to select, in its reasonable discretion keep Tenant informed during the process of soliciting and acting in good faith, all architects, engineers, reviewing bids from contractors and material suppliers necessary to furnish the labor and materials for the construction of performing the Tenant Improvements. In the event the contractor submitting the best bid acceptable to both Landlord shall be and Tenant estimates the sole contracting party with respect to the employment total cost of contractors which perform the work necessary to construct constructing the Tenant Improvements. Tenant shall not be entitled Improvements in accordance with the Plans and Specifications to access to exceed the Leased Premises prior to the Date of Substantial Completion Budget, Landlord and Tenant shall not interfere with or impair cooperate in good faith to reduce the total cost to Budget through value engineering. Tenant covenants and agrees to promptly pay to Landlord upon receipt of invoice any material way excess of the construction cost of Tenant Improvements over the Budget. If the cost of the Tenant ImprovementsImprovements is less than the Budget, and any such interference or impairment the Tenant Improvement Financing shall be included within a Tenant Delay as defined in the Work Letter and shall entitle Landlord to all remedies provided herein for breach of this Lease. Prior to the Possession Date, Tenant shall not enter into any contract for construction of any improvements within the Leased Premises with any person other than Landlord without Landlord's prior written consent. Tenant, at Tenant's expense, shall obtain and maintain any and all necessary permits and licenses to enable Tenant to conduct Tenant’s Permitted Use, and the failure of Tenant to obtain or maintain same shall not in any manner affect the Tenant’s obligations hereunder. Landlord shall be solely responsible, at its cost and expense, for obtaining all permits and approvals related to the Tenant Improvementsappropriately adjusted.
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Tenant Improvements. Subject to the terms and conditions hereof, Landlord agrees, at its cost and expense to complete a “turnkey” interior build-out (“Tenant Improvements”) Section 24 of the Leased Lease is hereby deleted in its ------------------- entirety and the following Section 24 is hereby substituted in lieu thereof: "Tenant shall construct the tenant improvements ("Improvements") for Premises in accordance with the conditions stated in the Work Letter attached hereto as Exhibit A, Premises B, Premises C and incorporated hereby pursuant to the Approved Final Plans to be finalized and approved Premises D in accordance with the Work Letter and upon approval Agreement attached theretohereto as Schedule 1. Any changes or modifications Landlord hereby grants to the Approved Final Plans thereafter must be done in writing and signed by both Tenant and Landlord in accordance with the Work Letter. So long as in accordance with Article 19 of this Lease, Tenant agrees that Landlord shall be entitled to select, in its reasonable discretion and acting in good faith, all architects, engineers, contractors and material suppliers necessary to furnish the labor and materials an ---------- allowance for the construction Improvements (the "Improvement Allowance") of Eighteen and 60/100 Dollars per square foot of space in the Tenant ImprovementsPremises. Landlord The Improvement Allowance shall only be used for the sole contracting party with respect to items specified in the employment of contractors which perform the work necessary to construct the Tenant Improvements. Tenant shall not be entitled to access to the Leased Premises prior to the Date of Substantial Completion and Tenant shall not interfere with or impair in any material way the construction of the Tenant Improvements, and any such interference or impairment shall be included within a Tenant Delay Cost Breakdown as defined in the Work Letter Agreement. The Improvement Allowance for Premises A may only be used to construct Improvements to Premises A; the Improvement Allowance for Premises B may only be used to construct Improvements to Premises B; the Improvement Allowance for Premises C may only be used to construct Improvements to Premises C and the Improvement Allowance for Premises D may only be used to construct Improvements to Premises D. In addition thereto, if Tenant does not fully draw down the Improvement Allowance for a particular space within one hundred twenty (120) days of the date that particular Premises is delivered to Tenant, then any unused portion of that particular Improvement Allowance shall entitle Landlord not be paid or refunded to all remedies provided herein for breach Tenant or be available to Tenant as a credit against any obligations of this Tenant under the Lease. Prior to Notwithstanding the Possession Dateforegoing, if Tenant shall has not enter into any contract fully drawn down the Improvement Allowance for construction of any improvements a particular space within the Leased Premises with any person other than Landlord without Landlord's prior written consent. Tenantaforesaid one hundred twenty (120) day period, at Tenant's expense, shall obtain and maintain any and all necessary permits and licenses to enable but Tenant to conduct Tenant’s Permitted Use, and the failure is diligently pursuing completion of Tenant to obtain or maintain same shall not in any manner affect the Tenant’s obligations hereunder. Landlord shall be solely responsible, at its cost and expense, for obtaining all permits and approvals related to the Tenant Improvements, Landlord shall grant Tenant such additional time as is reasonable to complete the Improvements.
Appears in 1 contract
Tenant Improvements. Subject Lessor agrees to provide Lessee with a tenant improvement allowance (the "Allowance") of $7.00 per rentable square foot to be applied to the terms and conditions hereof, Landlord agrees, at its cost and expense to complete a “turnkey” interior build-out of constructing tenant improvements (“the "Tenant Improvements”") during the first year of the renewal term of this Lease. Any unused portion of the Allowance may be applied as a credit toward Tenant's rent. All costs of the Tenant Improvements that exceed the Allowance shall be the responsibility of Lessee and shall be paid directly to Lessor within thirty (30) days after completion of such Tenant Improvements. Any such amounts payable by Lessee which are not paid within thirty (30) days after the due date will have interest added to the unpaid principal balance at the rate of one and one-half percent (1 1/2%) per month until payment, including any added interest, is received in full by Lessor. Any such Tenant Improvements shall be constructed by contractors and subcontractors approved in writing by Lessor and in accordance with plans and specifications to be provided by Lessee and to be approved in writing by Lessor prior to commencement of construction of such Tenant Improvements. Notwithstanding the foregoing, only one-half (1/2) of the Leased Premises in accordance with cost of constructing a new demising wall (exclusive of wall finishes) on the conditions stated in seventh (7th) floor of the Work Letter attached hereto Building (the "New Demising Wall"), as Exhibit C and incorporated hereby pursuant to the Approved Final Plans to be finalized and approved in accordance with the Work Letter and upon approval attached thereto. Any changes or modifications to the Approved Final Plans thereafter must be done in writing and signed by both Tenant and Landlord in accordance with the Work Letter. So long as in accordance with Article 19 of this Lease, Tenant agrees that Landlord shall be entitled to select, in its reasonable discretion and acting in good faith, all architects, engineers, contractors and material suppliers necessary to furnish the labor and materials for the construction a part of the Tenant Improvements. Landlord Improvements and in connection with the reduction in the number of rentable square feet of the leased premises as described in Paragraph 3 hereinabove, shall be paid from the Allowance. The other one-half of the cost of constructing the New Demising Wall (exclusive of wall finishes) shall be paid by Lessor. The cost of wall finishes on the New Demising Wall shall be borne solely by Lessee. Lessor shall, at Lessor's sole contracting party cost and expense, remodel the restrooms located on the eighth (8th) floor of the Building in a manner consistent with respect to the employment remodeling of contractors which perform the work necessary to construct other restrooms located within the Tenant common areas of the Building (the "Lessor Improvements"). Tenant The Lessor Improvements shall not be entitled to access to the Leased Premises prior to the Date of Substantial Completion and Tenant shall not interfere with or impair in any material way the construction included as a part of the Tenant Improvements, and any such interference or impairment no portion of the Allowance shall be included within applied to the cost of constructing the Lessor Improvements. The Lessor at its sole expense shall replace the existing sign in front of the Building that identifies the Lessee as a Tenant Delay as defined in tenant of the Work Letter Building with new identification of similar size containing the name of Lessee and its business logo. Lessee shall provide Lessor with all necessary artwork and shall entitle Landlord have the right to all remedies provided herein approve the final drawings for breach of this Lease. Prior to the Possession Date, Tenant shall not enter into any contract for construction of any improvements within the Leased Premises with any person other than Landlord without Landlord's prior written consent. Tenant, at Tenant's expense, shall obtain and maintain any and all necessary permits and licenses to enable Tenant to conduct Tenant’s Permitted Use, and the failure of Tenant to obtain or maintain same shall not in any manner affect the Tenant’s obligations hereunder. Landlord shall be solely responsible, at its cost and expense, for obtaining all permits and approvals related to the Tenant Improvementssuch sign.
Appears in 1 contract
Samples: Lease Agreement (Restaurant Co)
Tenant Improvements. Subject to the terms and conditions hereof, Landlord agrees, at its cost and expense to complete a “turnkey” interior build-out The plans (“Tenant ImprovementsPlans”) for the Tenant Improvements will be prepared by OKB as architect who is hereby approved by Sublessor (“Architect”). The Architect will be employed and paid by Sublessee pursuant to a written contract between Sublessee and such Architect. The Plans shall be produced on CAD. Sublessee shall be obligated to cause the Plans to comply in all material respects with all applicable laws, ordinances, directives, rules, regulations, and other requirements imposed by any and all governmental authorities having or asserting jurisdiction over the Premises. Sublessor shall review the Plans and either approve or reasonably disapprove or reasonably condition its approval of them, in writing, within five (5) business days after Sublessor’s receipt of the Leased Premises same (or five (5) business days after receipt of Landlord’s approval or disapproval of the Plans if required under the Master Lease). Should Sublessor reasonably disapprove or reasonably condition its approval of them, Sublessor shall specify in accordance with reasonable detail any corrective measures required to obtain Sublessor’s approval. Sublessee shall make any necessary modifications and resubmit the conditions stated in the Work Letter attached hereto as Exhibit C and incorporated hereby pursuant to the Approved Final Plans to be finalized Sublessor for approval or reasonable disapproval or reasonable conditioning of its approval following receipt of Sublessor’s reasonable disapproval or reasonable conditioning of its approval of them. The approval by Sublessor of the Plans shall not: (a) imply Sublessor’s approval of the quality of design or fitness of any material or device used; (b) imply that the Plans are in compliance with any codes or other requirements of governmental authority; or (c) impose any liability on Sublessor to Sublessee or any third party. Once the Plans have been approved by Sublessor, and approved in accordance with the Work Letter and upon approval attached thereto. Any changes or if required, by Landlord, Sublessee shall not make any material modifications to the Approved Final Plans thereafter must without Sublessor’s and Landlord’s prior written approval, which approval will not be done unreasonably withheld, conditioned or delayed. Sublessor will not charge Sublessee a supervision or construction management fee in connection with the Tenant Improvements, provided, however, Sublessee shall be solely responsible for any supervision or construction management fee or other charge payable to Landlord under the Master Lease in connection with the Tenant Improvements. In addition, notwithstanding the foregoing, if the Architect is not OKB, Sublessee shall reimburse Sublessor for Sublessor’s reasonable and actual out-of-pocket costs and expenses incurred in connection with Sublessor’s review of plans and drawings related to the Tenant Improvements, in addition to reimbursing Landlord, as required under the Master Lease, for Landlord’s reasonable and actual out-of-pocket costs and expenses incurred in connection with Landlord’s review of plans and drawings for the Tenant Improvements as provided in the Master Lease. The Tenant Improvements shall be constructed by a contractor selected by Sublessee who is approved in writing and signed by both Tenant Sublessor (not to be unreasonably withheld, conditioned, or delayed), and Landlord in accordance (“General Contractor”). In addition, Sublessee’s other consultants, subcontractors, laborer’s, materialmen and suppliers shall be subject to Landlord’s (to the extent required by the Master Lease) and Sublessor’s prior written approval (if such subcontractor would work on any Building system or if the cost of such subcontractor’s work equals or exceeds $10,000), which approval shall not be unreasonably withheld, conditioned or delayed, provided that (i) Sublessee shall engage MDC Engineers (Jacob Chan) to perform all mechanical, engineering and plumbing engineering work, whose fees will be competitive with other comparable qualified MEP engineers, and (ii) Sublessee shall engage Xxxxxx-Xxxxxxx Corporation (Xxxxxx Xxxx) to perform all cabling work. Sublessee’s General Contractor and all other subcontractors, laborers, materialmen and suppliers shall comply with the Work Letter. So long as in accordance with Article 19 of this Master Lease, including Section 29.38 and any insurance requirements set forth therein. A copy of the General Contractor’s work schedule and all building or other governmental permits required for the Tenant agrees that Landlord Improvements shall be entitled delivered to select, in its reasonable discretion and acting in good faith, all architects, engineers, contractors and material suppliers necessary to furnish the labor and materials for the construction Sublessor before commencement of the Tenant Improvements. Landlord Sublessor shall cooperate as reasonably necessary so that Sublessee’s General Contractor may cause the Tenant Improvements to be completed promptly and with due diligence. The Tenant Improvements shall be performed in conformance with the sole contracting party approved Plans and shall be done in a good and workmanlike manner. All work shall be done in compliance with respect all other applicable provisions of the Master Lease (and only after obtaining all necessary Landlord approvals, as required by the Master Lease) and with all applicable laws, ordinances, directives, rules, regulations, and other requirements of any governmental authorities having or asserting jurisdiction over the Sublet Premises. Before the commencement of any work by Sublessee, Sublessee shall furnish to Sublessor and Landlord certificates evidencing the employment existence of contractors which perform builder’s risk, commercial general liability, and workers’ compensation insurance complying with the work necessary requirements of the Master Lease. Any damage to construct any part of the Tenant Improvements. Tenant shall not be entitled to access to the Leased Premises prior to the Date of Substantial Completion and Tenant shall not interfere with or impair in any material way the construction Building that occurs as a result of the Tenant Improvements, and any such interference or impairment Improvements shall be included within a Tenant Delay as defined in promptly repaired by Sublessee. Sublessee shall also ensure compliance with the Work Letter and shall entitle Landlord to all remedies provided herein for breach of this Lease. Prior to the Possession Date, Tenant shall not enter into any contract for construction of any improvements within the Leased Premises with any person other than Landlord without Landlord's prior written consent. Tenant, at Tenant's expense, shall obtain and maintain any and all necessary permits and licenses to enable Tenant to conduct Tenant’s Permitted Use, and the failure of Tenant to obtain or maintain same shall not in any manner affect the Tenant’s obligations hereunder. Landlord shall be solely responsible, at its cost and expense, for obtaining all permits and approvals related to the Tenant Improvements.following requirements concerning construction:
Appears in 1 contract
Samples: Sublease (Rubicon Project, Inc.)
Tenant Improvements. Subject Lessor shall provide the base building improvements and a tenant improvement allowance (the "Tenant Improvement Allowance") equal to Fifty Thousand Eight Hundred Seventy-Two and No/100ths Dollars ($50,872.00). All additional improvements to the terms and conditions hereof, Landlord agrees, at its cost and expense to complete a “turnkey” interior buildbase building will be so-out (“called "Tenant Improvements”" to be installed by Lessor but to be selected by Lessee as hereinafter set forth and paid for by Lessee subject to Lessor providing the Tenant Improvement Allowance (as hereinafter defined). Lessee acknowledges and agrees that items to be paid for by Lessee from the Tenant Improvement Allowance include the cost of space planning, construction document preparation, the cost of the design work and construction drawing work, all costs of obtaining permits, and reimbursables, and the cost of one-half (1/2) of the Leased Premises in accordance with the conditions stated demising wall to be constructed in the Work Letter attached hereto as building of which the Premises are a part. If the price of the Tenant Improvements exceeds the Tenant Improvement Allowance, Lessee shall pay Lessor, in cash, upon substantial completion of the Tenant Improvements, the amount by which the price of the Tenant Improvements exceeds the Tenant Improvement Allowance. On or before September 20, 1996, Lessee shall provide to Lessor a space plan of the Tenant Improvements which Lessee desires for Lessor to construct, which space plan shall be subject to Lessor's approval and shall be adequate for the preparation by Lessor of working drawings for construction of such Tenant Improvements. Such space plan shall show in reasonable detail the design and appearance of the tenant finishing materials to be used in the Exhibit C (Page 1 of 5) construction thereof, and incorporated hereby pursuant to the Approved Final Plans to such other detail or description as may be finalized and approved in accordance with the Work Letter and upon approval attached thereto. Any changes or modifications to the Approved Final Plans thereafter must be done in writing and signed by both Tenant and Landlord in accordance with the Work Letter. So long as in accordance with Article 19 of this Lease, Tenant agrees that Landlord shall be entitled to select, in its reasonable discretion and acting in good faith, all architects, engineers, contractors and material suppliers necessary to furnish adequately outline the labor and materials for the construction scope of the Tenant Improvements. Landlord Lessee shall be responsible for Lessor's costs (including lost rent) arising out of delays in completing the sole contracting party with respect Tenant Improvements caused by Lessee. Lessee also agrees to the employment refrain from ordering long lead time items which would delay substantial completion of contractors which perform the work necessary to construct the Tenant Improvements. Tenant Lessee acknowledges that any air com- pressors to be installed either on the interior or the exterior of the Premises by Lessor or Lessee shall not be entitled to access subject to the Leased Premises prior to the Date of Substantial Completion and Tenant shall not interfere with or impair in any material way the construction of the Tenant Improvements, and any such interference or impairment shall be included within a Tenant Delay as defined in the Work Letter and shall entitle Landlord to all remedies provided herein for breach of this Lease. Prior to the Possession Date, Tenant shall not enter into any contract for construction of any improvements within the Leased Premises with any person other than Landlord without Landlord's prior written consent. Tenant, at Tenant's expense, shall obtain and maintain any and all necessary permits and licenses to enable Tenant to conduct Tenant’s Permitted Use, and the failure consent of Tenant to obtain or maintain same shall not in any manner affect the Tenant’s obligations hereunder. Landlord shall be solely responsible, at its cost and expense, for obtaining all permits and approvals related to the Tenant ImprovementsLessor.
Appears in 1 contract
Samples: Lease (Papa Johns International Inc)
Tenant Improvements. Subject to Tenant shall construct, furnish or install such improvements, equipment or fixtures as are necessary for Tenant’s use and occupancy of the terms and conditions hereofLeased Premises (collectively, Landlord agrees, at its cost and expense to complete a “turnkey” interior build-out (the “Tenant Improvements”) ). Tenant shall complete construction of the Tenant Improvements for the entirety of the Leased Premises Premises. Tenant shall also be responsible for the cost of any alterations to the Building required as a result of the Tenant Improvements unless such alterations are required due to Landlord’s failure to build the Warm Shell Components in accordance with the conditions stated Final Base Building Plans or applicable Laws. Tenant has engaged and Landlord has approved Xxxx Xxxxxx to manage the design and construction of the Tenant Improvements (“Tenant Improvement Project Manager”). Tenant shall cause all drawings and specifications for the Tenant Improvements to be prepared by an architect selected by Tenant and reasonably approved by Landlord (“Tenant Improvement Architect”) and to be constructed by a general contractor licensed in California, selected by Tenant, and reasonably approved by Landlord (“Tenant Improvement Contractor”). Tenant has engaged and Landlord has approved Devcon Construction Inc. to be the Tenant Improvement Contractor. Landlord’s prior written consent, which shall not be unreasonably withheld, shall be required if Tenant desires to change its Tenant Improvement Architect, Tenant Improvement Contractor or Tenant Improvement Project Manager. Tenant shall furnish to 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 attached hereto Letter; Landlord agrees to keep treat such contracts as Exhibit C and incorporated hereby confidential information pursuant to and in accordance with Paragraph 13.7 of the Approved Final Plans Lease. The Tenant Improvements shall be in conformity with drawings and specifications submitted to be finalized and approved by Landlord, which approval shall not be unreasonably withheld or delayed, and shall be performed in accordance with the Work Letter and upon approval attached thereto. Any changes or modifications to the Approved Final Plans thereafter must be done in writing and signed by both Tenant and Landlord in accordance with the Work Letter. So long as in accordance with Article 19 of this Lease, Tenant agrees that Landlord shall be entitled to select, in its reasonable discretion and acting in good faith, all architects, engineers, contractors and material suppliers necessary to furnish the labor and materials for the construction of the Tenant Improvements. Landlord shall be the sole contracting party with respect to the employment of contractors which perform the work necessary to construct the Tenant Improvements. Tenant shall not be entitled to access to the Leased Premises prior to the Date of Substantial Completion and Tenant shall not interfere with or impair in any material way the construction of the Tenant Improvements, and any such interference or impairment shall be included within a Tenant Delay as defined in the Work Letter and shall entitle Landlord to all remedies provided herein for breach of this Lease. Prior to the Possession Date, Tenant shall not enter into any contract for construction of any improvements within the Leased Premises with any person other than Landlord without Landlord's prior written consent. Tenant, at Tenant's expense, shall obtain and maintain any and all necessary permits and licenses to enable Tenant to conduct Tenant’s Permitted Use, and the failure of Tenant to obtain or maintain same shall not in any manner affect the Tenant’s obligations hereunder. Landlord shall be solely responsible, at its cost and expense, for obtaining all permits and approvals related to the Tenant Improvements.following provisions:
Appears in 1 contract
Samples: Lease (Aruba Networks, Inc.)
Tenant Improvements. Subject The leasehold improvements to be constructed by Tenant (the terms and conditions hereof, Landlord agrees, at its cost and expense to complete a “turnkey” interior build-out (“Tenant Improvements”) ), at Tenant’s sole cost and expense (except for the Landlord’s Construction Allowance, as specified in Paragraph 5 of the Leased Premises this First Amendment), shall be constructed in accordance with the conditions stated in the Work Letter attached hereto as Exhibit C and incorporated hereby pursuant to the Approved Final Plans to be finalized submitted by Tenant and reviewed and approved in accordance with the Work Letter and upon approval attached thereto. Any changes or modifications to the Approved Final Plans thereafter must be done in writing and signed by both Tenant and Landlord in accordance with the Work Letter. So long as in accordance with Article 19 provisions of Paragraph (b) of this Lease, Tenant agrees that Exhibit A. Landlord shall be entitled have no obligation to select, in its reasonable discretion and acting in good faith, all architects, engineers, contractors and material suppliers necessary construct or to furnish the labor and materials pay for the construction of the Tenant Improvements. However, Landlord agrees to contribute toward the cost of construction of the Tenant Improvements the cash sum of up to the Landlord’s Construction Allowance (as defined in Paragraph 5 of this First Amendment). Notwithstanding anything in this First Amendment or in this Work Letter to the contrary, Landlord’s Construction Allowance shall be the sole contracting party with respect to the employment of contractors which perform the work necessary to construct the Tenant Improvements. Tenant shall not be entitled to access to the Leased Premises prior to the Date of Substantial Completion and Tenant shall not interfere with or impair in any material way used only for the construction of the Tenant Improvements, and any such interference or impairment if construction of the Tenant Improvements is not completed within eighteen (18) months following the Effective Date of this First Amendment (the “Construction Termination Date”), then Landlord’s obligation to provide the Landlord’s Construction Allowance shall terminate and become null and void, and Tenant shall be included deemed to have waived its rights in and to said Landlord’s Construction Allowance. The Landlord’s Construction Allowance will be reduced by any consulting or architectural fees incurred by Landlord (but limited as set forth herein). The construction costs that may be reimbursed from the Landlord’s Construction Allowance shall include only the following: costs of labor, equipment, supplies and materials furnished for construction of the Tenant Improvements; governmental fees and charges for required permits, plan checks, and inspections for the Tenant Improvements; charges of Tenant’s design professionals; and charges of Landlord’s design professionals for review of plans and monitoring of construction or installation of the Tenant Improvements. No other costs, fees or expenses of the Tenant Improvements shall be reimbursable out of the Landlord’s Construction Allowance. Landlord’s payment of the Landlord’s Construction Allowance, or such portion thereof as Tenant may be entitled to, shall be made within a thirty (30) days after each and all of the following conditions shall have been satisfied: (i) the Tenant Delay Improvements shall have been completed in accordance with the Final Plans (as defined hereinafter defined); (ii) Tenant shall have delivered to Landlord satisfactory evidence that all mechanics’ lien rights of all contractors, suppliers, subcontractors, or materialmen furnishing labor, supplies or materials in the Work Letter construction or installation of the Tenant Improvements have been unconditionally waived, released, or extinguished; (iii) Tenant shall have delivered to Landlord paid receipts or other written evidence satisfactorily substantiating the actual amount of the construction costs of the Tenant Improvements; (iv) Tenant shall have delivered to Landlord a final certificate of occupancy for the Premises; and shall entitle Landlord to all remedies provided herein for breach of this Lease. Prior to the Possession Date, (v) Tenant shall not enter into any contract for construction then be in default of any improvements within of the Leased Premises with any person other than Landlord without Landlord's prior written consent. Tenant, at Tenant's expense, shall obtain and maintain any and all necessary permits and licenses to enable Tenant to conduct Tenant’s Permitted Useprovisions of the Lease, and if Tenant is in default, then once such default is cured, the failure Landlord’s Construction Allowance being withheld shall be released. If the actual cost of the Tenant to obtain or maintain same Improvements is less than the Landlord’s Construction Allowance, then Tenant shall not in receive any manner affect credit whatsoever for the Tenant’s obligations hereunder. Landlord shall be solely responsible, at its difference between the actual cost and expense, for obtaining all permits and approvals related to of the Tenant ImprovementsImprovements and Landlord’s Construction Allowance.
Appears in 1 contract
Samples: Office Lease (Schrodinger, Inc.)
Tenant Improvements. Subject to this Section 4, Tenant shall accept the Suite WB100 Premises and Suite WB200 Premises in their “as is” condition (subject to Landlord's continuing repair and maintenance obligations, as outlined in Section 10 of the Lease (as may be amended)), and 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 Suite WB100 Premises and Suite WB200 Premises shall be subject to all the terms and conditions hereofset forth in Section 11 of the Lease. Notwithstanding anything in the Lease to the contrary (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 agrees, at its cost and expense hereby agrees to complete a 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 “turnkey” interior build-out (“Tenant ImprovementsSuite WB100 Granted Allowance”) to be applied 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”, together with the Suite WB100 Granted Allowance, collectively, the “Granted Allowance”) to be applied toward the cost of the Leased design and construction of any alterations Tenant desires to perform in Suite WB100 Premises and Suite WB200 Premises, respectively, in accordance conjunction with the conditions stated in the Work Letter attached hereto as Exhibit C Tenant’s initial occupancy of Suite WB100 Premises and incorporated hereby pursuant to the Approved Final Plans to be finalized and approved in accordance with the Work Letter and upon approval attached theretoSuite WB200. Any changes or modifications to the Approved Final Plans thereafter must be done in writing and signed by both Tenant and Landlord in accordance with the Work Letter. So long as in accordance with Article 19 of this Lease, Tenant agrees that Landlord shall be entitled to select, in its reasonable discretion and acting in good faith, all architects, engineers, contractors and material suppliers necessary to furnish the labor and materials for the construction portion of the Granted Allowance may be applied to pay the fees of the architect and engineers and any construction supervision, contractors' overhead and profit charges, along with fees for any project manager employed by Tenant Improvements. Landlord shall be the sole contracting party with respect to such alterations, as well as any licensing and permitting costs and fees; provided, the employment Suite WB100 Granted Allowance may only be used for the Suite WB100 Premises and the Suite WB200 Granted Allowance may only be used for the Suite WB200 Premises. The cost of contractors Tenant’s alterations in the Suite WB100 Premises shall be paid first out the Suite WB100 Granted Allowance until the Suite WB100 Granted Allowance is exhausted (at which perform the work necessary to construct the Tenant Improvements. time Tenant shall be fully responsible for the cost of any further alterations), and the cost of Tenant’s alteration in the Suite WB200 Premises shall be paid first out the Suite WB200 Granted Allowance until the Suite WB200 Allowance is exhausted (at which time Tenant shall be fully responsible for the cost of any further alterations). Provided no Event of Default then exists under the Lease, the 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 Xxxxxx 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. If the cost of Tenant'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 after the 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 entitled applied) in 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 access to the Leased Premises prior to the Date of Substantial Completion Landlord, and Tenant shall have no further rights with respect thereto and (ii) Suite WB200 Granted Allowance that has not interfere with been applied (or impair contracted to be applied) in any material way the construction of manner set forth above by the Tenant Improvementsdate which is twelve (12) months following the Suite WB200 Premises Seventh Amendment Commencement Date shall revert to Landlord, and any such interference or impairment shall be included within a Tenant Delay as defined in the Work Letter and shall entitle Landlord to all remedies provided herein for breach of this Lease. Prior to the Possession Date, Tenant shall not enter into any contract for construction of any improvements within the Leased Premises have no further rights with any person other than Landlord without Landlord's prior written consent. Tenant, at Tenant's expense, shall obtain and maintain any and all necessary permits and licenses to enable Tenant to conduct Tenant’s Permitted Use, and the failure of Tenant to obtain or maintain same shall not in any manner affect the Tenant’s obligations hereunder. Landlord shall be solely responsible, at its cost and expense, for obtaining all permits and approvals related to the Tenant Improvementsrespect thereto.
Appears in 1 contract
Tenant Improvements. Subject (a) Landlord shall provide Tenant with an improvement allowance of one minion twenty-two thousand four hundred dollars ($1,022,400) (the "Allowance"). The Allowance shall be used to reimburse Tenant for direct costs incurred by Tenant in designing, constructing and installing typical, generic improvements in the terms and conditions hereof, Landlord agrees, at its cost and expense to complete a “turnkey” interior build-out Leased Premises (“the "Tenant Improvements”"); provided, however, (i) that no more than three hundred six thousand seven hundred twenty dollars ($306,720) of the Allowance shall be used to reimburse Tenant for costs incurred in installing communication cabling in the Leased Premises Premises, and (ii) that the Allowance shall not be used to reimburse Tenant for any costs incurred by Tenant in connection with signage, furniture or moving or for any third party consulting or contracting fees (except Tenant's architectural and design charges). The Tenant Improvements shall be designed, constructed and installed in accordance with the conditions stated plans and specification to be approved in advance by Landlord, which approval shall not be unreasonably withheld or delayed, and in accordance with all applicable laws, ordinances and regulations, and shall be constructed by a general contractor that is licensed in the Work Letter attached hereto as Exhibit C and incorporated hereby pursuant to the Approved Final Plans to be finalized State of California and approved in accordance with the Work Letter and upon advance by Landlord, which approval attached thereto. Any changes or modifications to the Approved Final Plans thereafter must be done in writing and signed by both Tenant and Landlord in accordance with the Work Letter. So long as in accordance with Article 19 of this Lease, Tenant agrees that Landlord shall be entitled to select, in its reasonable discretion and acting in good faith, all architects, engineers, contractors and material suppliers necessary to furnish the labor and materials for the construction of the Tenant Improvements. Landlord shall be the sole contracting party with respect to the employment of contractors which perform the work necessary to construct the Tenant Improvements. Tenant shall not be entitled to access to unreasonably withheld or delayed. Tenant Improvement work may commence upon the Leased Premises prior to completion and execution of all required documentation and receipt of all required approvals and permits. In addition, if requested by Tenant on or before the Date Rent Commencement Date, Landlord shall provide Tenant with a supplemental improvement allowance of Substantial Completion and five hundred eleven thousand two hundred dollars ($511,200) (the "Supplemental Allowance"). If Tenant shall does not interfere with request the Supplemental Allowance on or impair in any material way before the construction of the Tenant Improvements, and any such interference or impairment shall be included within a Tenant Delay as defined in the Work Letter and shall entitle Landlord to all remedies provided herein for breach of this Lease. Prior to the Possession Rent Commencement Date, Tenant shall not enter into have no further right to receive the Supplemental Allowance. The Supplemental Allowance shall be in addition to any contract for construction rent and other charges payable under this Lease and shall bc payable by Tenant in equal monthly installments of any improvements within principal and interest sufficient fully to amortize the Leased Premises with any person other than Landlord without Landlord's prior written consent. Tenant, Supplemental Allowance over the remainder of the Lease Term at Tenant's expense, shall obtain and maintain any and all necessary permits and licenses to enable Tenant to conduct Tenant’s Permitted Use, and the failure an interest rate of Tenant to obtain or maintain same shall not in any manner affect the Tenant’s obligations hereunderten percent (10%) per annum. Landlord shall be solely responsiblepay to Tenant the Allowance and the Supplemental Allowance, at its cost if any, when Tenant provides to Landlord receipts for all Tenant Improvement work and expense, for obtaining evidence that all permits such work has been completed free of all mechanics and approvals related to the Tenant Improvementsmaterialmen's liens.
Appears in 1 contract
Samples: Lease by And (Polycom Inc)
Tenant Improvements. Subject Tenant shall cause Xxxxx Partnership, a licensed architect (“Architect”) to prepare and deliver to Landlord and Tenant a preliminary set of plans or test fit plans for the Tenant Improvements (defined below) with up to two sets of revisions and pricing notes (“Preliminary Plans”) and Landlord shall reimburse Tenant for the cost of such Preliminary Plans up to a maximum amount of $15,012.00. Landlord shall provide any comments to the terms Preliminary Plans to Tenant within seven (7) business days after receipt of the Preliminary Plans. Tenant shall thereafter cause Architect to prepare and conditions hereofdeliver to Landlord and Tenant, Landlord agrees, at its cost and expense to complete a “turnkey” interior build-out all required Tenant plans (“Tenant ImprovementsPlans”) of the Leased Premises in accordance with the conditions stated in the Work Letter attached hereto as Exhibit C and incorporated hereby pursuant to the Approved Final Plans to be finalized and approved in accordance with the Work Letter and upon approval attached thereto. Any changes or modifications to the Approved Final Plans thereafter must be done in writing and signed by both Tenant and Landlord in accordance with the Work Letter. So long as in accordance with Article 19 of this Lease, Tenant agrees that Landlord shall be entitled to select, in its reasonable discretion and acting in good faith, all architects, engineers, contractors and material suppliers necessary to furnish the labor and materials documents for the construction of the Tenant Improvements. Landlord shall be the sole contracting party with respect to the employment of contractors which perform the work necessary to construct the Tenant ImprovementsImprovements (“Permit Package”). Tenant shall not be entitled submit the Plans and Permit Package to access Landlord for final approval and Landlord will have seven (7) business days to review and comment on the Plans and Permit Package, after which Tenant will submit any revisions incorporating Landlord’s comments to the Leased Premises Permit Package to Landlord for further review within seven (7) business days of receiving Landlord’s comments to the Permit Package and such process shall be repeated until the Plans and Permit Package have been reviewed and approved by Landlord, provided that the applicable response time shall be reduced to five (5) business days for subsequent iterations. If Landlord fails to respond in writing with its approval or disapproval of any such Plans or Permit Package within the applicable time period, and such failure continues for five (5) business days following Landlord’s receipt of a written notice from Tenant conspicuously stating that the applicable Plans or Permit Package will be deemed correct if Landlord does not timely respond, then the applicable Plans or Permit Package shall be deemed approved by Landlord. Tenant may, either as part of the Plans and Permit Package or thereafter, require that the water line to the building be increased in size from the size specified in Exhibit B and the appropriate party (i.e., Landlord if prior to the Date of Substantial Completion and Tenant shall not interfere with or impair in any material way the construction delivery of the Premises to Tenant, or Tenant Improvementsif thereafter) shall cause the same to be increased in size as specified by Tenant, and any such interference provided that the increased cost or impairment additional cost of the larger water line i.e., the cost in excess of that which would be paid by Landlord as part of the Landlord’s Work if the water line size was not being increased shall be included within a Tenant Delay as defined in the Work Letter and shall entitle Landlord to all remedies provided herein for breach of this Lease. Prior to the Possession Date, Tenant shall not enter into any contract for construction of any improvements within the Leased Premises with any person other than Landlord without Landlord's prior written consent. Tenant, at Tenant's expense, shall obtain and maintain any and all necessary permits and licenses to enable Tenant to conduct Tenant’s Permitted Use, and the failure of Tenant to obtain or maintain same shall not in any manner affect the Tenant’s obligations hereunder. Landlord shall be solely responsible, at its sole cost and expense, and shall be considered a part of the Tenant Improvements (defined below) for obtaining all permits and approvals related the purposes of allocation of cost. Notwithstanding anything to the contrary in this Article 4, Landlord shall not unreasonably withhold or condition its consent or approval of the Plans or Permit Package. Upon approval of the Plans and Permit Package by Landlord, Tenant Improvementsshall deliver the Permit Package to the City and any other governmental or quasi-governmental agency whose review and approval is needed for the issuance of a building permit and obtain such building permit and related approvals as soon as is reasonably practicable once the Permit Package has been finalized. Should Tenant elect to make any changes to the Plans after approval thereof, Tenant shall submit such changes for review and approval (not to be unreasonably withheld, conditioned or delayed) by Landlord substantially in accordance with the terms and procedures set forth above, provided that any delay in achieving the Delivery Condition (defined below) resulting from such change shall be an Excused Delay (defined below); provided further, however, that Landlord shall exercise reasonable efforts to advise Tenant if Landlord believes that a proposed change by Tenant to Tenant’s Plans or Permit Package would be likely to delay Landlord in achieving the Delivery Condition.
Appears in 1 contract
Samples: Lease Agreement (SomaLogic, Inc.)
Tenant Improvements. Subject After completion of the Tenant's Work, Tenant may make non-structural improvements, additions, alterations or changes to the terms and conditions hereof, Landlord agrees, at its cost and expense to complete a “turnkey” interior build-out (“Tenant Improvements”) of the Leased Premises, or any part thereof not in excess of $~QQ~ with out the prior written consent of Landlord, which will not be unreasonably withheld, Tenant shall not make structural alterations without the consent of Landlord, which consent shall be in Landlord's sole and absolute discretion. Tenant agrees to indemnify and save harmless the Landlord from all liens, claims or demands arising out of any work performed, materials furnished, or obligations incurred, by or for Tenant, upon the Premises during the Term. Tenant shall promptly pay all contractor and LEASE AGREEMENT --------------- materialmen working on the Premises on his account, so as to minimize the possibility of a lien attaching to any of the Building, including the Premises. Should any such lien be made or filed, Tenant shall notify Landlord immediately and bond against or discharge the same within 14 days after such lien is made or filed.Tenant's Work and other Tenant improvements, additions, alterations or changes to the Premises shall be done in a good and workmanlike manner and done strictly in accordance with the conditions stated laws and ordinances related thereto and shall comply with the Americans with Disabilities Act and Chapter 553, Florida Statutes, as each may be amended from time to time. Tenant shall require any contractor performing work on the Premises to obtain and maintain, at no expense to Landlord, in addition to worker's compensation insurance, as required by the state of Florida, all risk builder's insurance, naming the Landlord as loss payee, in the Work Letter attached hereto as Exhibit C amount of the replacement cost of the applicable work (or such other amount reasonably required by Landlord) and incorporated hereby pursuant commercial general liability insurance on an occurrence basis with a minimum combined single limit of Three-hundred thousand dollars($300,000) and such other insurance that is required by Landlord. Tenant shall further submit the names of all contractors, sub-contractors, and other entities utilized for the work for Landlord's approval prior to commencement of any work. In performing the work of any such alterations, additions or changes, Tenant shall have the work performed in a manner that will not obstruct the access to the Approved Final Plans to be finalized and approved Property of any other tenant of Landlord. Tenant, if not in accordance with the Work Letter and upon approval attached thereto. Any changes or modifications to the Approved Final Plans thereafter must be done in writing and signed by both Tenant and Landlord in accordance with the Work Letter. So long as in accordance with Article 19 default of this Lease, may remove any work made by Tenant agrees that Landlord shall be entitled pursuant to select, in its reasonable discretion and acting in good faith, all architects, engineers, contractors and material suppliers necessary to furnish this section upon the labor and materials for the construction of the Tenant Improvements. Landlord shall be the sole contracting party with respect to the employment of contractors which perform the work necessary to construct the Tenant Improvements. Tenant shall not be entitled to access to the Leased Premises prior to the Date of Substantial Completion and Tenant shall not interfere with or impair in any material way the construction of the Tenant Improvements, and any such interference or impairment shall be included within a Tenant Delay as defined in the Work Letter and shall entitle Landlord to all remedies provided herein for breach termination of this Lease. Prior to the Possession Date, Lease provided Tenant shall not enter into repairs any contract for construction of any improvements within the Leased Premises with any person other than Landlord without Landlord's prior written consent. Tenant, at Tenant's expense, shall obtain and maintain any and all necessary permits and licenses to enable Tenant to conduct Tenant’s Permitted Use, and the failure of Tenant to obtain or maintain same shall not in any manner affect the Tenant’s obligations hereunder. Landlord shall be solely responsible, at its cost and expense, for obtaining all permits and approvals related to the Tenant Improvementsdamage caused by such removal.
Appears in 1 contract
Tenant Improvements. Subject Landlord shall cause its contractor, or, at Tenant’s option, shall permit Tenant to cause its contractor, to make such improvements to the terms Premises as may be specified by Tenant and conditions hereof, approved by Landlord agrees, at its cost and expense to complete a “turnkey” interior build-out (“Tenant Improvements”) of the Leased Premises in accordance with the conditions stated in the Work Letter attached hereto as Exhibit C and incorporated hereby pursuant to the Approved Final Plans such Landlord approval not to be finalized unreasonably withheld, delayed or conditioned. All such improvements shall be set forth at one time by Tenant as part of a single plan, it being understood that Landlord shall not be required to undertake multiple jobs. All materials and approved finishes utilized in accordance with completing the Work Letter and upon approval attached theretoTenant Improvements shall be Landlord’s building standard. Any changes or modifications Should Landlord submit any matter to the Approved Final Plans thereafter must be done in writing and signed by both Tenant and Landlord in accordance with the Work Letter. So long as in accordance with Article 19 of this Leasefor approval, Tenant agrees shall approve or reasonably disapprove same (with reasons specified) within 3 business days. Landlord’s total contribution for the Tenant Improvements shall not exceed $97,404.00 (“Landlord Contribution”). It is understood that Landlord shall be entitled to selecta supervision/administrative fee equal to 5% of the total hard and soft construction cost, in its reasonable discretion and acting in good faithwhich fee shall be paid from the Landlord Contribution. Any excess cost shall be borne solely by Tenant and, all architectsif Landlord’s contractor performs the Tenant Improvements, engineersshall be paid to Landlord within 10 days following Landlord’s billing for such excess cost. If Tenant’s contractor performs the Tenant Improvements, contractors and material suppliers necessary to furnish within 30 days after the labor and materials for the construction completion of the Tenant Improvements. Improvements and Landlord’s receipt of copies of all supporting third-party invoices and other reasonable documentation of the costs, together with lien releases satisfactory to Landlord, Landlord shall be the sole contracting party with respect will pay Tenant reimburse Tenant an amount equal to the employment lesser of contractors which perform (a) the work necessary cost of such Tenant Improvements and (b) the Landlord Contribution. Tenant understands and agrees that any portion of the Landlord Contribution not utilized by Tenant as part of the single improvement project on or before June 30, 2021, shall inure to construct the Tenant Improvements. benefit of Landlord and Tenant shall not be entitled to access any credit or payment or to apply any such savings toward additional work; provided, however, if there is any unused Landlord Contribution as of June 30, 2021, and provided that the Leased Premises prior cost of any Tenant Improvements undertaken have been paid in full, Landlord shall apply up to the Date of Substantial Completion and Tenant shall not interfere with or impair in any material way the construction $48,702.00 of the Tenant Improvements, and any such interference or impairment shall be included within a Tenant Delay as defined in unused Landlord Contribution against the Work Letter and shall entitle Landlord to all remedies provided herein for breach installments of Basic Rent next coming due under this Lease. Prior to It is understood that the Possession DateTenant Improvements shall be done during Tenant’s occupancy of the Premises. In this regard, Tenant agrees to assume any risk of injury, loss or damage which may result and that no rental abatement shall not enter into any contract for construction of any improvements within result while the Leased Premises with any person other than Landlord without Landlord's prior written consentTenant Improvements are completed in the Premises. Tenant, at Tenant's expense, shall obtain and maintain any and all necessary permits and licenses to enable Tenant to conduct Tenant’s Permitted Use, and the failure of Tenant to obtain or maintain same shall not in any manner affect the Tenant’s obligations hereunder. Landlord further agrees that it shall be solely responsibleresponsible for relocating its office equipment, at its cost furniture and expense, for obtaining all permits and approvals related furnishings in the Premises to the Tenant Improvementsaccommodate such improvement work.
Appears in 1 contract
Samples: Icad Inc
Tenant Improvements. Subject Landlord will deliver the Premises, and will continue to deliver the terms Additional Premises as provided herein, to Tenant in sound structural condition with all Building systems which service the Premises in good order and conditions hereofrepair, Landlord agrees, at its cost and expense to complete a “turnkey” interior build-out with the improvements (“"Tenant Improvements”") of the Leased Premises shown and/or described in Exhibit L ("Landlord's Work") and Exhibit M ("Tenant's Work") in accordance with the conditions drawings approved by Landlord and Tenant. Landlord shall complete Landlord's Work at Landlord's sole cost and expense. Landlord shall complete Tenant's Work at the sole cost and expense of Tenant. Tenant shall have the right to participate in the bid process and to review and approve all construction contracts for Tenant's Work. Landlord and Tenant shall each appoint one (1) person to review invoices for Tenant's Work. Those invoices, if approved by the fifth of a month, shall be paid by Tenant by the twentieth of the month. Landlord will notify Tenant when in Landlord's opinion Landlord's Work and Tenant's Work are substantially complete. Within three (3) business days after receiving such notice, Landlord and Tenant shall inspect the Premises for any deficiencies in Landlord's Work or Tenant's Work, and Tenant will provide Landlord with a "punchlist" describing any deficiencies in Landlord's Work or Tenant's Work. Landlord will correct defective items stated in the punchlist promptly, but in no event later than twenty (20) business days after receiving Tenant's punchlist. All of Landlord's Work Letter attached hereto as Exhibit C and incorporated hereby pursuant Tenant's Work shall be completed in a workman-like manner in conformance with all applicable building codes, xxxx, rules and regulations. Tenant shall, subject to the Approved Final Plans provisions of Section 11.b. below, also have the right to be finalized construct and approved install at its sole cost and expense such additional improvements in accordance with the Work Letter and upon approval attached thereto. Any changes or modifications to the Approved Final Plans thereafter must be done in writing and signed by both Tenant and Landlord in accordance with the Work Letter. So long Premises as in accordance with Article 19 of this Lease, Tenant agrees that Landlord shall be entitled to select, are in its reasonable discretion and acting in good faith, all architects, engineers, contractors and material suppliers judgment necessary to furnish the labor and materials or convenient for the construction its use of the Tenant Improvements. Landlord shall be the sole contracting party with respect to the employment of contractors which perform the work necessary to construct the Tenant Improvements. Tenant shall not be entitled to access to the Leased Premises prior to the Date of Substantial Completion and Tenant shall not interfere with or impair in any material way the construction of the Tenant Improvements, and any such interference or impairment shall be included within a Tenant Delay as defined in the Work Letter and shall entitle Landlord to all remedies provided herein for breach of this Lease. Prior to the Possession Date, Tenant shall not enter into any contract for construction of any improvements within the Leased Premises with any person other than Landlord without Landlord's prior written consent. Tenant, at Tenant's expense, shall obtain and maintain any and all necessary permits and licenses to enable Tenant to conduct Tenant’s Permitted Use, and the failure of Tenant to obtain or maintain same shall not in any manner affect the Tenant’s obligations hereunder. Landlord shall be solely responsible, at its cost and expense, for obtaining all permits and approvals related to the Tenant ImprovementsPremises.
Appears in 1 contract
Samples: Lease (Starbucks Corp)
Tenant Improvements. Subject Landlord shall cause its contractor to make such improvements to the terms Premises as may be specified by Tenant and conditions hereof, approved by Landlord agrees, at its cost and expense to complete a “turnkey” interior build-out (“Tenant Improvements”). All such improvements shall be set forth at one time by Tenant as part of a single plan, it being understood that Landlord shall not be required to undertake multiple jobs. All materials and finishes utilized in completing the Tenant Improvements shall be Landlord’s building standard. Should Landlord submit any matter to Tenant for approval, Tenant shall approve or reasonably disapprove same (with reasons specified) within 3 business days. Landlord’s total contribution for the Tenant Improvements shall not exceed $21,655.00 (“Landlord Contribution”), based on $5.00 per usable square foot of the Leased Premises in accordance with the conditions stated in the Work Letter attached hereto as Exhibit C and incorporated hereby pursuant to the Approved Final Plans to be finalized and approved in accordance with the Work Letter and upon approval attached theretoPremises. Any changes or modifications to the Approved Final Plans thereafter must be done in writing and signed by both Tenant and Landlord in accordance with the Work Letter. So long as in accordance with Article 19 of this Lease, Tenant agrees It is understood that Landlord shall be entitled to select, in its reasonable discretion and acting in good faith, all architects, engineers, contractors and material suppliers necessary a supervision/administrative fee equal to furnish the labor and materials for the construction 3% of the Tenant Improvements. Landlord total hard and soft construction cost, which fee shall be paid from the sole contracting party with respect Landlord Contribution. Any excess cost shall be borne solely by Tenant and shall be paid to Landlord within 10 days following Landlord’s billing for such excess cost. Tenant understands and agrees that any portion of the Landlord Contribution not utilized by Tenant as part of the single improvement project on or before June 30, 2019, shall inure to the employment benefit of contractors which perform the work necessary to construct the Tenant Improvements. Landlord and Tenant shall not be entitled to access any credit or payment or to apply any such savings toward additional work; provided, however, that Tenant may, upon written request delivered to Landlord not later than October 1, 2018, apply any unused sums of the Landlord Contribution to the Leased Premises prior to Basic Rent amortized on a straight-line basis over the Date of Substantial Completion Term commencing October 1, 2018 and ending September 30, 2021. Landlord and Tenant shall not interfere with memorialize any such reduction in the Basic Rent on a form provided by Landlord. Notwithstanding the foregoing, Tenant may utilize all or impair in any material way the construction a portion of the Landlord Contribution toward the out-of-pocket expenses incurred by Tenant Improvementsfor the purchase, refurbishment and/or installation of furniture for the Premises, and any such interference or impairment telephone and data cabling costs. Tenant shall be included within a Tenant Delay as defined in the Work Letter and shall entitle reimbursed for such expenses by submitting copies of all supporting third-party invoices to Landlord to all remedies provided herein for breach of this Lease. Prior to the Possession Dateby June 30, Tenant shall not enter into any contract for construction of any improvements within the Leased Premises with any person other than Landlord without Landlord's prior written consent. Tenant, at Tenant's expense, shall obtain and maintain any and all necessary permits and licenses to enable Tenant to conduct Tenant’s Permitted Use, and the failure of Tenant to obtain or maintain same shall not in any manner affect the Tenant’s obligations hereunder2019. Landlord shall reimburse Tenant in one installment within 30 days following receipt of all such invoices. It is understood that the Tenant Improvements shall be done during Tenant’s occupancy of the Premises. In this regard, Tenant agrees to assume any risk of injury, loss or damage which may result and that no rental abatement shall result while the Tenant Improvements are completed in the Premises. Tenant further agrees that it shall be solely responsibleresponsible for relocating its office equipment, at its cost furniture and expense, for obtaining all permits and approvals related furnishings in the Premises to the Tenant Improvementsaccommodate such improvement work.
Appears in 1 contract
Samples: Novus Therapeutics, Inc.
Tenant Improvements. Subject Landlord and Tenant hereby agree that Landlord shall not be constructing improvements to the terms Expansion Space on Tenant’s behalf. If improvements are desired by Tenant to be constructed in the Expansion Space, (A) Tenant will be responsible for such construction (using contractors) reasonably approved by Landlord), and conditions hereof(B) Tenant will prepare preliminary plans for any such improvements for Landlord’s review and reasonable approval and, once approved, prepare applicable construction documents and specifications for the Expansion Space (the “Expansion Space Documents”) (consistent with such approved preliminary plans) to be approved by Landlord agrees(such approval not be unreasonably withheld, at its cost conditioned, or delayed) (collectively, “Tenant’s Work”). Landlord will provide Tenant a maximum improvement allowance of Five Hundred Fifty-Six Thousand Three Hundred Twenty- Five and expense to complete a “turnkey” interior build-out No/100 Dollars ($556,325.00) (the “Tenant ImprovementsImprovement Allowance”) ). Such Tenant Improvement Allowance is to be applied against all hard and soft constructions costs and such other costs as are reasonably related to Tenant’s use and occupancy of the Leased Premises in accordance Expansion Space, which costs include, but are not limited to, costs associated with the conditions stated in preparation and procurement of construction documents and permits, labor, materials, and construction management fees as incurred to construct the Tenant’s Work. Landlord shall reimburse Tenant (i) with respect to construction costs, on the completion of Tenant’s Work Letter attached hereto as Exhibit C and incorporated hereby pursuant delivery of a final certificate of occupancy for the Expansion Space within twenty (20) days following written demand (and reasonable documentation thereof) for any costs incurred by Tenant to construct the Tenant’s Work, up to the Approved Final Plans maximum amount of the Tenant Improvement Allowance, and (ii) with respect to be finalized and approved in accordance with other costs, within twenty (20) days following written demand. In the Work Letter and upon approval attached thereto. Any changes or modifications to event the Approved Final Plans thereafter must be done in writing and signed actual cost requested by both Tenant and reimbursed by Landlord in accordance with the Work Letter. So long as in accordance with Article 19 of this Leasepreceding sentence is less than the Tenant Improvement Allowance, Tenant agrees that Landlord at Tenant’s request, such difference shall be entitled to select, in its reasonable discretion and acting in good faith, all architects, engineers, contractors and material suppliers necessary to furnish the labor and materials for the construction of the Tenant Improvements. Landlord shall be the sole contracting party with respect to the employment of contractors which perform the work necessary to construct the Tenant Improvements. Tenant shall not be entitled to access to the Leased Premises prior to the Date of Substantial Completion and Tenant shall not interfere with or impair in any material way the construction of the Tenant Improvements, and any such interference or impairment shall be included within a Tenant Delay as defined in the Work Letter and shall entitle paid by Landlord to all remedies provided herein for breach of this LeaseTenant. Prior For clarity, should Tenant elect to the Possession Datenot perform any Tenant Work, Tenant shall not enter into any contract for construction provide written notice of any improvements within the Leased Premises with any person other than such fact to Landlord without Landlord's prior written consent. Tenant, at Tenant's expense, shall obtain and maintain any and all necessary permits and licenses to enable Landlord will pay Tenant to conduct Tenant’s Permitted Use, and the failure of Tenant to obtain or maintain same shall not in any manner affect the Tenant’s obligations hereunder. Landlord shall be solely responsible, at its cost and expense, for obtaining all permits and approvals related an amount equal to the Tenant ImprovementsImprovement Allowance within thirty (30) days of receipt of such notice.
Appears in 1 contract
Tenant Improvements. Subject All Tenant Improvements shall be performed by Tenant’s contractor, at Tenant’s sole cost and expense (subject to Landlord’s obligations with respect to any portion of the Base TI Allowance and, if properly requested by Tenant pursuant to the terms and conditions hereof, Landlord agrees, at its cost and expense to complete a “turnkey” interior build-out (“Tenant Improvements”) of the Leased Premises Lease, the Additional TI Allowance) and in accordance with the conditions stated Approved Plans (as defined below), the Lease and this Work Letter. To the extent that the total projected cost of the Tenant Improvements (as projected by Landlord) exceeds the TI Allowance (such excess, the “Excess TI Costs”), Tenant shall pay the costs of the Tenant Improvements on a pari passu basis with Landlord as such costs become due, in the Work Letter attached hereto as Exhibit C and incorporated hereby proportion of Excess TI Costs payable by Tenant to the Base TI Allowance (and, if properly requested by Tenant pursuant to the Approved Final Plans Lease, the Additional TI Allowance) payable by Landlord. If Tenant fails to be finalized and approved pay, or is late in accordance with the Work Letter and upon approval attached thereto. Any changes or modifications paying, any sum due to the Approved Final Plans thereafter must be done in writing and signed by both Tenant and Landlord in accordance with the under this Work Letter. So long as in accordance with Article 19 of this Lease, Tenant agrees that 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 any litigation instituted with regard to such amounts the same shall be entitled to selectconsidered Rent. All material and equipment furnished by Tenant or its contractors as the Tenant Improvements shall be new or “like new;” the Tenant Improvements shall be performed in a first-class, in its reasonable discretion workmanlike manner; and acting in good faith, all architects, engineers, contractors and material suppliers necessary to furnish the labor and materials for the construction quality of the Tenant Improvements. Landlord Improvements shall be of a nature and character not less than the sole contracting party with respect to the employment of contractors which perform the work necessary to construct the Tenant ImprovementsBuilding Standard. Tenant shall not be entitled take, and shall its contractors to access take, commercially reasonable steps to protect the Leased Premises prior to during the Date performance of Substantial Completion and Tenant shall not interfere with or impair in any material way the construction of the Tenant Improvements, and including covering or temporarily removing any such interference window coverings so as to guard against dust, debris or impairment shall be included within a Tenant Delay as defined in the Work Letter and shall entitle Landlord to all remedies provided herein for breach of this Lease. Prior to the Possession Date, Tenant shall not enter into any contract for construction of any improvements within the Leased Premises with any person other than Landlord without Landlord's prior written consent. Tenant, at Tenant's expense, shall obtain and maintain any and all necessary permits and licenses to enable Tenant to conduct Tenant’s Permitted Use, and the failure of Tenant to obtain or maintain same shall not in any manner affect the Tenant’s obligations hereunder. Landlord shall be solely responsible, at its cost and expense, for obtaining all permits and approvals related to the Tenant Improvementsdamage.
Appears in 1 contract
Samples: Lease (Depomed Inc)
Tenant Improvements. Subject Unless specified otherwise herein, Tenant shall bear and pay the cost of the Tenant Improvements (which cost shall include, without limitation, the costs of construction as provided for in the Tenant Improvement Contractor’s contract, the cost of permits, and all architectural, design, space planning, and engineering services obtained by Tenant in connection with Tenant Improvements, office improvements, wiring and 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 terms Building, and conditions hereoffor 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 agrees, at its cost and expense shall have no further obligation to complete a “turnkey” interior build-out (“Tenant Improvements”) make disbursements of the Leased Premises in accordance Tenant Improvement Allowance with respect to requests for disbursements made by Tenant after the conditions stated in the Work Letter attached hereto as Exhibit C and incorporated hereby pursuant TI Allowance Deadline; provided, however, that Landlord will remain obligated to honor requests for disbursement properly made by Tenant prior to the Approved Final Plans to TI Allowance Deadline. There shall be finalized and approved in accordance with the Work Letter and upon approval attached thereto. Any changes no construction management fee or modifications to the Approved Final Plans thereafter must be done in writing and signed architectural review fee charged by both Tenant and Landlord in accordance connection with the Work Letter. So long as in accordance with Article 19 of this Lease, Tenant agrees that Landlord shall be entitled to select, in its reasonable discretion and acting in good faith, all architects, engineers, contractors and material suppliers necessary to furnish the labor and materials for the construction of the Tenant Improvements. Landlord shall be the sole contracting party with respect Subject to the employment of contractors which perform the work necessary to construct the Tenant Improvements. Tenant shall not be entitled to access to the Leased Premises prior to the Date of Substantial Completion and Tenant shall not interfere with or impair in any material way the construction of the Tenant Improvements, and any such interference or impairment shall be included within a Tenant Delay as defined in the Work Letter and shall entitle Landlord to all remedies provided herein for breach of this Lease. Prior to the Possession Date, Tenant shall not enter into any contract for construction of any improvements within the Leased Premises with any person other than Landlord without Landlord's prior written consent. Tenant, at Tenant's expense, shall obtain and maintain any and all necessary permits and licenses to enable Tenant to conduct Tenant’s Permitted Use, and the failure of Tenant to obtain or maintain same shall not in any manner affect the Tenant’s obligations hereunder. Landlord shall be solely responsible, at its cost and expense, for obtaining all permits and approvals related to the Tenant Improvements.deadline:
Appears in 1 contract
Tenant Improvements. Subject Lessee at its sole cost shall be responsible for the Tenant Improvements including space plans, building plans, and for all costs of construction including, but not by way of limitation, permit fees for its Tenant Improvements. Office improvements shall be constructed of a quality comparable to the terms quality existing at 0000 Xxxxxx Xxxxx or otherwise reasonably acceptable to Lessor and conditions hereof, Landlord agrees, at its cost consist of a minimum of 5,100 square feet on the second floor and expense to complete a “turnkey” interior build-out 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 (“Tenant Improvements”12) months of the Leased Premises in accordance Commencement Date, with the conditions stated in the Work Letter attached hereto as Exhibit C and incorporated hereby pursuant to the Approved Final Plans remainder to be finalized and approved in accordance with completed not later than eighteen (18) months from the Work Letter and upon approval attached theretoCommencement Date. Any changes or modifications to the Approved Final Plans thereafter must be done in writing and signed by both Tenant and Landlord in accordance with the Work Letter. So long as in accordance with Article 19 of this Lease, Tenant agrees that Landlord shall be entitled to select, in its reasonable discretion and acting in good faith, all architects, engineers, contractors and material suppliers necessary to furnish the labor and materials Lessee's plans for the construction of the Tenant Improvements. Landlord Improvements ("Lessee's Plans") and its general contractor for such construction shall be the sole contracting party with respect subject to the employment of contractors which perform Lessor's prior approval to be given not later than ten (10) business days after submittal to Lessor, with Lessor's approval not to be unreasonably withheld, conditioned or delayed. In the work necessary event Lessor disapproves Lessee's Plans, Lessor shall specify the reasons for such disapproval and Lessee shall have ten (10) business days to construct revise and re-submit Lessee's Plans for Lessor's approval. Lessor shall respond thereto within five (5) business days and if the revised Lessee's Plans are again disapproved by Lessor, the foregoing procedure shall be re-instituted until Lessor's approval is obtained. Lessee warrants that the Tenant ImprovementsImprovements will comply with all Applicable Requirements in effect at the time of such construction. Tenant Lessee shall not be entitled to access to the Leased Premises prior to the Date of Substantial Completion and Tenant shall not interfere with or impair in any material way the construction construct as part of the Tenant Improvements, screening of the HVAC units on the roof of the Building in accordance with the requirements of the covenants, conditions and any 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 interference or impairment shall screening will be included within completed in accordance with the attached Schedule 50. Unless Lessee is successful in obtaining such individual's consent to a Tenant Delay as defined deviation from the screening requirements set forth in the Work Letter and attached Schedule 50, Lessee shall entitle Landlord to all remedies provided herein for breach of this Lease. Prior complete such screening to the Possession Date, Tenant shall not enter into any contract for construction satisfaction of any improvements within such individuals in accordance with the Leased Premises with any person other than Landlord without Landlord's prior written consent. Tenant, at Tenant's expense, shall obtain and maintain any and all necessary permits and licenses to enable Tenant to conduct Tenant’s Permitted Use, and the failure of Tenant to obtain or maintain same shall not in any manner affect the Tenant’s obligations hereunder. Landlord shall be solely responsible, at its cost and expense, for obtaining all permits and approvals related to the Tenant Improvementsattached Schedule 50.
Appears in 1 contract
Samples: Immune Response Corp
Tenant Improvements. Subject Preliminary plans prepared by Landlord for permanent improvements to the terms Premises are attached hereto as Exhibit D and conditions hereofby this reference incorporated herein (the “Plans”). The Plans have been approved by each of Landlord and Tenant. The parties acknowledge that the Plans will modify the Premises to accommodate Tenant's intended use. Upon any required approval of the Plans by the City and the issuance of a building permit by the City, Landlord agrees, at its cost and expense to complete a shall retain Mxxx Management LLC (“turnkey” interior build-out Contractor”) which shall be responsible for constructing the improvements as shown on the Plans (hereafter called “Tenant Improvements”) for and on behalf of Tenant. Landlord and Tenant have agreed that the estimated costs of such Tenant Improvements is $100,000.00 and shall be paid as follows: $25,000 by Tenant, and $75,000 by Landlord. Upon the commencement of the Leased Premises Tenant Improvement work by Contractor, Tenant shall pay to Landlord said $25,000. Any improvements to the Premises, other than as shown on the Plans (including cost increases to the Tenant Improvements caused due to change orders to the Plans requested by Tenant), and the furnishing of the Premises, shall be made by Tenant at the sole cost and expense of Tenant, subject to all other provisions of this Lease Agreement. If the Tenant Improvements cannot be substantially completed prior to the Commencement Date, then the provisions of Article 9 shall apply. As used in this Lease Agreement, “substantial completion” of the Tenant Improvements or their being “substantially completed” means (i) Landlord has completed construction of the Tenant Improvements in accordance with the conditions stated in the Work Letter attached hereto as Exhibit C and incorporated hereby pursuant to the Approved Final Plans to be finalized and approved in accordance with such an extent that Tenant may occupy the Work Letter and upon approval attached thereto. Any changes or modifications to the Approved Final Plans thereafter must be done in writing and signed by both Tenant and Landlord in accordance with the Work Letter. So long as in accordance with Article 19 of this Lease, Tenant agrees that Landlord shall be entitled to select, in its reasonable discretion and acting in good faith, all architects, engineers, contractors and material suppliers necessary to furnish the labor and materials Premises for the construction purpose of conducting its business operations therein, subject to completion by Landlord of normal punch list items (hereafter called the “Punch List Items”) and (ii) any required certificate of occupancy/completion or its local equivalent has been issued by the City for the Premises so as to permit the use and occupancy of the Tenant Improvements. Landlord shall be the sole contracting party with respect to the employment of contractors which perform the work necessary to construct the Tenant Improvements. Tenant shall not be entitled to access to the Leased Premises prior to the Date of Substantial Completion and Tenant shall not interfere with or impair in any material way the construction of the Tenant Improvements, and any such interference or impairment shall be included within a Tenant Delay as defined in the Work Letter and shall entitle Landlord to all remedies provided herein for breach of this Lease. Prior to the Possession Date, Tenant shall not enter into any contract for construction of any improvements within the Leased Premises with any person other than Landlord without Landlord's prior written consent. by Tenant, at Tenant's expense, shall obtain and maintain any and all necessary permits and licenses to enable Tenant to conduct Tenant’s Permitted Use, and the failure of Tenant to obtain or maintain same shall not in any manner affect the Tenant’s obligations hereunder. Landlord shall be solely responsible, at its cost and expense, for obtaining all permits and approvals related to the Tenant Improvements.
Appears in 1 contract
Samples: Commercial Lease (Celcuity Inc.)
Tenant Improvements. Subject (a) Tenant shall construct, at Tenant's sole cost (subject to the terms and conditions hereofTenant Work Allowance as provided in Paragraph 8(b) below), Landlord agrees, at its cost and expense improvements to complete a “turnkey” interior build-out the Premises (“the "Tenant Improvements”") of the Leased Premises substantially in accordance with the conditions stated in the Work Letter attached hereto as Exhibit C and incorporated hereby pursuant Space Plan approved by Landlord prior to the Approved Final Plans to be finalized and approved in accordance with the Work Letter and upon approval attached theretocommencement of construction. Any changes or modifications to the Approved Final Plans thereafter must be done in writing and signed by both Tenant and Landlord in accordance with the Work Letter. So long as in accordance with Article 19 of this Lease, Tenant agrees that Landlord shall be entitled to selectshall, in its reasonable discretion and acting in good faithconsultation with Landlord, all architects, engineers, contractors and material suppliers necessary to furnish coordinate the labor and materials for the construction design of the Tenant Improvements. Landlord shall be , and the sole contracting party with respect to budgeting of the employment of contractors which perform the work necessary to construct the Tenant Improvementscosts thereof. Tenant shall arrange for the preparation of "Construction Drawings and Specifications," consisting of construction working drawings, the mechanical, electrical and other technical specifications, and the finishing details, including wall finishes and colors and technical and mechanical equipment installation, if any, all of which details the installation of the Tenant Improvements in the Premises. The architects and engineers who prepare such Construction Drawings and Specifications shall be selected by Tenant subject to Landlord's approval which shall not be entitled unreasonably withheld. Within ten (10) business days of its receipt of any of (i) proposed Construction Drawings and Specifications and any amendments thereto, (ii) the estimated budget for the Tenant Work and any amendments thereto, (iii) proposed change orders, Landlord shall provide to access Tenant notice of any refusal to approve any aspect of any such item, which notice shall state with particularity those elements thereof as to which Landlord does not approve, and the Leased Premises prior detailed reasons therefor. Should Landlord fail to provide such notice to Tenant within such period, such item shall conclusively be deemed to have been approved. Following approval by Landlord of Construction Drawings and Specifications, and the Date of Substantial Completion estimated budget therefor, which approval shall be reflected by Landlord's initialing as approved such Construction Drawings and Specifications, and the budget therefor, Tenant shall not interfere with will solicit bids from one or impair in any material way more general contractors for the construction of the Tenant Improvements, and any such interference or impairment shall be included within Tenant shall, following consultation with Landlord, contract for the construction of the Tenant Improvements with a Tenant Delay as defined in the Work Letter contractor reasonably acceptable to Landlord, and shall entitle Landlord to all remedies provided herein for breach of this Lease. Prior to the Possession Date, Tenant shall not enter into any contract for thereafter coordinate and supervise such construction of any improvements within the Leased Premises and consult with any person other than Landlord without Landlord's prior written consent. Tenant, at Tenant's expense, shall obtain and maintain any and all necessary permits and licenses to enable Tenant to conduct Tenant’s Permitted Use, and the failure of Tenant to obtain or maintain same shall not in any manner affect the Tenant’s obligations hereunder. Landlord shall be solely responsible, at its cost and expense, for obtaining all permits and approvals related to the Tenant Improvementsregarding such construction.
Appears in 1 contract
Samples: Lease (Electronic Arts Inc)
Tenant Improvements. Subject to the terms and conditions hereof, Landlord agreesAll Tenant Improvements shall be performed by Tenant’s contractor, at its Tenant’s sole cost and expense (subject to complete a “turnkey” interior build-out (“Tenant Improvements”) Landlord’s obligations with respect to any portion of the Leased Premises TI Allowance and in accordance with the conditions stated in Approved Plans (as defined below), the Work Letter attached hereto as Exhibit C Lease and incorporated hereby pursuant to the Approved Final Plans to be finalized and approved in accordance with the Work Letter and upon approval attached thereto. Any changes or modifications to the Approved Final Plans thereafter must be done in writing and signed by both Tenant and Landlord in accordance with the this Work Letter. So long To the extent that the total projected cost of the Tenant Improvements (as projected by Landlord) exceeds the TI Allowance (such excess, the “Excess TI Costs”), Tenant shall pay the costs of the Tenant Improvements on a pari passu basis with Landlord as such costs become due, in the proportion of Excess TI Costs payable by Tenant to the TI Allowance payable by Landlord. If the cost of the Tenant Improvements (as projected by Landlord) increases over Landlord’s initial projection, then Landlord may notify Tenant and Tenant shall pay any additional Excess TI Costs with Landlord in the 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 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 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 shall be new or “like new;” the Tenant Improvements shall be performed in a first-class, workmanlike manner; and the quality of the Tenant Improvements shall be of a nature and character not less than the Building Standard. Tenant shall take, and shall require its contractors to take, commercially reasonable steps to protect the Premises during the performance of any Tenant Improvements, including covering or temporarily removing any window coverings so as to guard against dust, debris or damage. All Tenant Improvements shall be performed in accordance with Article 19 17 of the Lease; provided that, notwithstanding anything in the Lease or this Lease, Tenant agrees that Landlord shall be entitled Work Letter to selectthe contrary, in its reasonable discretion and acting in good faith, all architects, engineers, contractors and material suppliers necessary to furnish the labor and materials for the construction event of the Tenant Improvements. Landlord shall be the sole contracting party with respect to the employment of contractors which perform the work necessary to construct the Tenant Improvements. Tenant shall not be entitled to access to the Leased Premises prior to the Date of Substantial Completion and Tenant shall not interfere with or impair in any material way the construction of the Tenant Improvements, and any such interference or impairment shall be included within a Tenant Delay as defined in the conflict between this Work Letter and shall entitle Landlord to all remedies provided herein for breach Article 17 of the Lease, the terms of this Lease. Prior to the Possession Date, Tenant Work Letter shall not enter into any contract for construction of any improvements within the Leased Premises with any person other than Landlord without Landlord's prior written consent. Tenant, at Tenant's expense, shall obtain and maintain any and all necessary permits and licenses to enable Tenant to conduct Tenant’s Permitted Use, and the failure of Tenant to obtain or maintain same shall not in any manner affect the Tenant’s obligations hereunder. Landlord shall be solely responsible, at its cost and expense, for obtaining all permits and approvals related to the Tenant Improvementsgovern.
Appears in 1 contract
Samples: Lease (Epizyme, Inc.)
Tenant Improvements. Subject to the terms and conditions hereof, Landlord agreesshall, at its cost and expense to complete a “turnkey” interior build-out sole cost, supervise the construction of tenant improvements (the “Tenant Improvements”) of the Leased Premises requested by Tenant and approved by Landlord in accordance with this Tenant Work Letter. The scope of the conditions stated initial Tenant Improvements (the “Initial Tenant Improvements”) shall consist of: (i) new carpet and paint in the Work Letter attached hereto as Exhibit C Suite 50 Space; and incorporated hereby pursuant (ii) new carpet and paint in the Suite 200 Space and the Suite 210 Space. The scope of the access and non-structural reconfiguration Tenant Improvements (the “Access/Reconfiguration Tenant Improvements”) shall consist of: (a) the non-structural reconfiguration of certain offices and rooms in the Suite 200 Space, the Suite 210 Space, and the Suite 50 Space; (b) at Tenant’s election, an internal staircase between the Suite 150 Space and the Suite 50 Space (“Access TI”), the location of which shall be mutually acceptable to both Landlord and Tenant; and (c) potentially replacing Suite 50 exterior patio entry double doors with folding glass doors to widen the Approved Final Plans to be finalized and approved in accordance with opening for hosted events. The scope of the Work Letter and upon approval attached thereto. Any Tenant Improvements shall not include changes or modifications to the Approved Final Plans thereafter must be done structure of the Building, the roof, and/or any base building system located in writing the Building. Subject to Landlord’s obligation to pay for exterior code compliance (exterior being the common areas and signed by both path of travel to Building) at Landlord’s sole cost, the Tenant and Landlord in accordance with Improvements (including any building code upgrades required within the Work Letter. So long Premises as in accordance with Article 19 a result of this Lease, Tenant agrees that Landlord shall be entitled to select, in its reasonable discretion and acting in good faith, all architects, engineers, contractors and material suppliers necessary to furnish the labor and materials for the construction of the Tenant Improvements) shall be constructed by Contractor at Tenant’s sole cost. The Tenant Improvements shall be constructed with materials and finishes consistent with the existing materials and finishes in the Building. Landlord shall be have the sole contracting party with respect right to require the employment removal of contractors which perform the work necessary to construct the Tenant Improvements. Improvements (or any portion thereof) and restoration of the Premises as a result thereof in accordance with Section 8 of the Lease Agreement; provided, however, Tenant shall not be entitled to access to the Leased Premises provide Landlord with written notice at least one hundred twenty (120) days prior to the Date of Substantial Completion and Tenant shall not interfere with or impair in any material way the construction end of the Tenant Improvements, and any such interference or impairment shall be included within a Tenant Delay as defined in term to ascertain whether Landlord will require the Work Letter and shall entitle Landlord to all remedies provided herein for breach removal of this Lease. Prior to the Possession Date, Tenant shall not enter into any contract for construction of any improvements within the Leased Premises with any person other than Landlord without Landlord's prior written consent. Tenant, at Tenant's expense, shall obtain and maintain any and all necessary permits and licenses to enable Tenant to conduct Tenant’s Permitted Use, and the failure of Tenant to obtain or maintain same shall not in any manner affect the Tenant’s obligations hereunder. Landlord shall be solely responsible, at its cost and expense, for obtaining all permits and approvals related to the Tenant ImprovementsAccess TI.
Appears in 1 contract
Samples: Lease (Dermira, Inc.)
Tenant Improvements. Subject Landlord will deliver the Premises, and will continue to deliver the terms Additional Premises as provided herein, to Tenant in sound structural condition with all Building systems which service the Premises in good order and conditions hereofrepair, Landlord agrees, at its cost and expense to complete a “turnkey” interior build-out with the improvements (“"Tenant Improvements”") of the Leased Premises shown and/or described in Exhibit L ("Landlord's Work") and Exhibit M ("Tenant's Work") in accordance with the conditions drawings approved by Landlord and Tenant. Landlord shall complete Landlord's Work at Landlord's sole cost and expense. Landlord shall complete Tenant's Work at the sole cost and expense of Tenant. Tenant shall have the right to participate in the bid process and to review and approve all construction contracts for Tenant's Work. Landlord and Tenant shall each appoint one (1) person to review invoices for Tenant's Work. 36 <PAGE> Those invoices, if approved by the fifth of a month, shall be paid by Tenant by the twentieth of the month. Landlord will notify Tenant when in Landlord's opinion Landlord's Work and Tenant's Work are substantially complete. Within three (3) business days after receiving such notice, Landlord and Tenant shall inspect the Premises for any deficiencies in Landlord's Work or Tenant's Work, and Tenant will provide Landlord with a "punchlist" describing any deficiencies in Landlord's Work or Tenant's Work. Landlord will correct defective items stated in the punchlist promptly, but in no event later than twenty (20) business days after receiving Tenant's punchlist. All of Landlord's Work Letter attached hereto as Exhibit C and incorporated hereby pursuant Tenant's Work shall be completed in a xxxxxxx-like manner in conformance with all applicable building codes, laws, rules and regulations. Tenant shall, subject to the Approved Final Plans provisions of Section 11.b. below, also have the right to be finalized construct and approved install at its sole cost and expense such additional improvements in accordance with the Work Letter and upon approval attached thereto. Any changes or modifications to the Approved Final Plans thereafter must be done in writing and signed by both Tenant and Landlord in accordance with the Work Letter. So long Premises as in accordance with Article 19 of this Lease, Tenant agrees that Landlord shall be entitled to select, are in its reasonable discretion and acting in good faith, all architects, engineers, contractors and material suppliers judgment necessary to furnish the labor and materials or convenient for the construction its use of the Tenant ImprovementsPremises. Landlord shall be the sole contracting party with respect to the employment of contractors which perform the work necessary to construct the Tenant Improvements. Tenant shall not be entitled to access to the Leased Premises prior to the Date of Substantial Completion and Tenant shall not interfere with or impair in any material way the construction of the Tenant Improvements, and any such interference or impairment shall be included within a Tenant Delay as defined in the Work Letter and shall entitle Landlord to all remedies provided herein for breach of this Lease. Prior to the Possession Date, Tenant shall not enter into any contract for construction of any improvements within the Leased Premises with any person other than Landlord without Landlord's prior written consent. Tenant, at Tenant's expense, shall obtain and maintain any and all necessary permits and licenses to enable Tenant to conduct Tenant’s Permitted Use, and the failure of Tenant to obtain or maintain same shall not in any manner affect the Tenant’s obligations hereunder. Landlord shall be solely responsible, at its cost and expense, for obtaining all permits and approvals related to the Tenant Improvements.b.
Appears in 1 contract
Samples: www.sec.gov
Tenant Improvements. Subject Tenant agrees that it currently occupies, and shall continue to occupy, the terms Combined Premises in its "as is" condition without any further improvements thereto except as otherwise provided herein. Landlord shall supervise (i) the repainting and conditions hereof, Landlord agrees, at its cost and expense to complete a “turnkey” interior buildre-out (“Tenant Improvements”) carpeting of the Leased First Floor Expansion Space and the Second Floor Expansion Space as herein provided, (ii) the construction and installation of the initial tenant improvements in the 2004 Expansion Space as herein provided/ and (iii) any future additional tenant improvements in the Complete Premises {collectively, the "Additional Improvements"), all in accordance with Tenant's plans and specifications for the design, construction and installation of the Additional Improvements, as such plans and specifications are reviewed and approved by Landlord and Tenant, such approval not to be unreasonably withheld. Landlord shall substantially complete the Additional Improvements in accordance with said plans and in a good and workmanlike manner, such substantial completion to be certified by Landlord's engineer and Tenant's architect inspecting the work. Landlord shall contribute up to a maximum of One Hundred Eighty Thousand Three Hundred Thirty-Six and No/100 Dollars ($180,336.00) (which consists of $12.00 per rentable square foot of the Expansion Space and $6.00 per rentable square foot of the Combined Premises and is collectively hereinafter referred to as the "Improvement Allowance") toward only the following costs: (i) any cost of installing any Additional Improvements on an "as completed" basis which is performed in accordance with the conditions stated Plans and related to the work to be done for the purpose of.improving the Premises for Tenant's occupancy and use, (ii) the cost of preparing the Plans, (iii) design costs for architectural, mechanical, plumbing and electrical design, (iv) construction documents and permits, and (v) any other costs directly related to any Additional Improvements which is reasonably acceptable to Landlord; provided, however, in no event shall Tenant be obligated to pay Landlord any construction management fee in connection with the installation of any Additional Improvements and in no event shall the Improvement Allowance be used for any costs associated with Tenant's personal property, equipment, trade fixtures or other items of a non-permanent nature installed in the Work Letter attached hereto as Exhibit C Premises, including without limitation, telephone and incorporated hereby pursuant data cable lines. In the event that either prior to the Approved Final commencement of the installation of any Additional Improvements or at any time during or following the installation of the Additional Improvements, the cost of any Additional Improvements exceeds the Improvement Allowance or Tenant requests any change to the aforementioned Plans which has resulted or might result in an increase in the cost of the installation of such Additional Improvements so that the cost exceeds the Improvement Allowance, then Tenant shall promptly deliver the necessary funds to defray such excess cost to Landlord no later than fifteen (15) days after Landlord demands same. Notwithstanding the foregoing, any change order(s) requested by Tenant which will result in an increase in the cost of the construction and installation of any Additional Improvements shall be finalized agreed to in advance by Landlord and approved in accordance with the Work Letter and upon approval attached theretoTenant. Any changes savings or modifications unused portion of the Improvement Allowance after any Additional Improvements are completed shall be retained by Landlord. Notwithstanding anything contained herein to the Approved Final Plans thereafter must contrary, in no event shall Landlord be done in writing and signed by both obligated to disburse any portion of the Improvement Allowance after that date which is five (5) years after the Extension Commencement Date or at any time following an Event of Default hereunder. Tenant and Landlord in accordance with the Work Letter. So long as in accordance with Article 19 of this Lease, Tenant agrees acknowledges that Landlord shall may be entitled to select, in its reasonable discretion and acting in good faith, all architects, engineers, contractors and material suppliers necessary to furnish the labor and materials for supervising the construction of the Additional Improvements while Tenant Improvements. occupies the complete Premises and Landlord agrees that it shall be the sole contracting party use reasonable efforts to minimize any interference with respect to the employment of contractors which perform the work necessary to construct the Tenant Improvements. Tenant shall not be entitled to access to the Leased Premises prior to the Date of Substantial Completion and Tenant shall not interfere with or impair in any material way the construction of the Tenant Improvements, and any such interference or impairment shall be included within a Tenant Delay as defined in the Work Letter and shall entitle Landlord to all remedies provided herein for breach of this Lease. Prior to the Possession Date, Tenant shall not enter into any contract for construction of any improvements Tenant's business operations within the Leased Complete Premises with any person other than Landlord without Landlord's prior written consent. Tenant, at Tenant's expense, shall obtain and maintain any and all necessary permits and licenses to enable Tenant to conduct Tenant’s Permitted Use, and the failure of Tenant to obtain or maintain same shall not in any manner affect the Tenant’s obligations hereunder. Landlord shall be solely responsible, at its cost and expense, for obtaining all permits and approvals related to the Tenant Improvementswhile constructing such improvements.
Appears in 1 contract
Samples: Cross Country Healthcare Inc
Tenant Improvements. Except as otherwise provided herein, Landlord shall deliver the Premises to Tenant in its "as is" condition, excluding latent defects, which Landlord shall promptly repair upon receipt of written notice from Tenant, the cost of which repair shall not be passed through to Tenant as an Operating Expense or otherwise, and in a vacuumed and broom clean condition with all of the prior tenant's personal property removed. If by October 15, 2000 Tenant retains an environmental consultant to test the Premises for the existence of asbestos or lead-based paint, and if such environmental consultant issues a report stating that (1) asbestos or lead-based paint has been found to exist within the Premises, and (2) such asbestos or lead-based paint needs to be encapsulated, removed, repaired, or otherwise abated in order to allow Tenant to use, occupy and renovate, at Tenant's sole discretion, the Premises in compliance with applicable law, then Landlord shall have thirty (30) days of receipt of such report to retain an independent environmental consultant to confirm the results set forth in such report. If Landlord's consultant agrees with the findings in the report, Landlord shall reimburse Tenant for certain costs incurred thereafter to encapsulate, remove, repair or xxxxx such asbestos or lead-based paint in order to cause the Premises to be in compliance with law; provided, however, Landlord's reimbursement obligation shall be limited to the most cost effective method of remediating such asbestos or lead-based paint, as determined by Landlord's consultant, after consultation with Tenant's consultant; provided, further, however, that if the lead-based paint may be "painted over" rather than removed under applicable law, and provided the Tenant intends to paint the affected portion of the Premises, then Tenant shall undertake such painting at Tenant's sole cost and expense. Landlord hereby grants Tenant a one-time Construction Allowance of $3,133,700 ("LANDLORD'S CONSTRUCTION ALLOWANCE") for the cost of tenant improvements to be installed by Tenant, including demising walls, lighting, electrical systems, wall covering, floor covering, telephone and cabling installation costs, the cost of any required demolition, and costs of facilities for computer rooms, lunchrooms (including kitchens in support thereof), training rooms, telephone equipment rooms, fiber optics, and high-ceiling areas. Tenant shall submit its plans for such tenant improvements for Landlord's written approval (the "APPROVED WORK") prior to Tenant's commencement of construction of the Approved Work, and Landlord shall respond within five (5) business days of the date Tenant provides Landlord any specific set of complete preliminary or complete final plans required for Landlord's approval. Tenant, at its sole cost and expense, shall be responsible for the filing of such plans, construction and engineering drawings and specifications, and the securing of all permits and licenses required therefore, including all fees and related costs. All work performed by Tenant shall be performed in strict compliance with the plans submitted for the Approved Work and no modification shall be made in such plans without the prior written approval of Landlord. Landlord shall pay Tenant's outside vendors or contractors for materials and services constituting the Approved Work, up to the maximum Landlord's Construction Allowance set forth in this Section 29., within thirty (30) days following Landlord's receipt of Tenant's submittal to Landlord of approved invoices and conditional lien releases for payment. Subject to the terms total amount available within Landlord's Construction Allowance, Tenant shall also be reimbursed from Landlord's Construction Allowance for the reasonable cost of all preliminary and conditions hereof, Landlord agrees, at its cost final plans and expense specifications and all permits relating to complete a “turnkey” interior build-out (“Tenant Improvements”) the installation of the Leased Premises Approved Work. All of the work to be done by Tenant under this Section 29. shall be done in accordance with the conditions stated provisions of Section 14. hereof, and Tenant shall be required to follow Landlord's reasonable rules and regulations relating to contractors working in the Work Letter attached hereto as Exhibit C and incorporated hereby pursuant to the Approved Final Plans to be finalized and approved in accordance with the Work Letter and upon approval attached thereto. Any changes or modifications to the Approved Final Plans thereafter must be done in writing and signed by both Tenant and Landlord in accordance with the Work Letter. So long as in accordance with Article 19 of this Lease, Tenant agrees that Landlord shall be entitled to select, in its reasonable discretion and acting in good faith, all architects, engineers, contractors and material suppliers necessary to furnish the labor and materials for the construction of the Tenant ImprovementsProject. Landlord shall be have the sole contracting party with respect right to reasonably approve all of Tenant's proposed contractors and subcontractors related to the employment installation of the Approved Work. Tenant's contractors which perform and vendors shall comply with the work necessary building's Rules and Regulations for Construction Work attached as Exhibit D. Landlord shall not charge an administrative fee relating to construct the Tenant Improvementsinstallation of the Approved Work unless and to the extent that Landlord incurs actual third party cost for the review or approval of said plans. Tenant shall have the right to incorporate special improvements into the building and the Premises, including, but not limited to, separate, self-contained air conditioning systems (including rooftop equipment for same), backup generators and switching, telecommunication and electrical power redundancy, and other special facilities incidental to Tenant's operations, provided same shall be compatible with Landlord's base building systems, and subject to Landlord's consent, which consent shall not be entitled to access unreasonably withheld, conditioned or delayed. Such special improvements, to the Leased Premises prior to the Date of Substantial Completion and Tenant shall not interfere with or impair in any material way the construction of the Tenant Improvementsextent that same are for Tenant's sole use, and any such interference or impairment shall be included within a Tenant Delay as defined in the Work Letter furnished and shall entitle Landlord to all remedies provided herein for breach of this Lease. Prior to the Possession Date, Tenant shall not enter into any contract for construction of any improvements within the Leased Premises with any person other than Landlord without Landlord's prior written consent. Tenant, installed at Tenant's expense, shall obtain and maintain any and all necessary permits and licenses to enable Tenant to conduct Tenant’s Permitted Use, and the failure of Tenant to obtain or maintain same shall not in any manner affect the Tenant’s obligations hereunder. Landlord shall be solely responsible, at its sole cost and expense, . Tenant as part of the Approved Work is responsible for obtaining all permits and approvals related modifying the building electrical system to deliver electrical service to the Tenant ImprovementsPremises as designed by Tenant's architects, engineers and contractors. Once installed, Landlord will maintain the electrical system delivering power to the Premises as an Operating Expense of the building. The cost of said electrical consumption in the Premises (but not in the Common Areas of the building) shall be Tenant's sole cost and expense with no overhead or supervision included.
Appears in 1 contract
Samples: Earthlink Inc
Tenant Improvements. Subject Tenant agrees that it currently occupies, and shall continue to occupy, the Revised Complete Premises in its "as is" condition without any further improvements thereto except as otherwise provided herein. Landlord shall, subject to the terms herein, supervise the construction and conditions hereof, Landlord agrees, at its cost and expense to complete a “turnkey” interior build-out (“Tenant Improvements”) installation of the Leased Premises initial improvements in the 2006 Expansion Space (the 2006 Improvements") in accordance with Tenants plans and specifications for the design, construction, and installation of the 2006 Improvements (the "Plans"), as such plans have been reviewed and approved by Landlord and Tenant, such approval not to be unreasonably withheld. Landlord shall substantially complete the 2006 Improvements in accordance with said Plans and in a good and workmanlike manner, such substantial completion to be certified by Landlords engineer. Landlord shall contribute up to a maximum of Seventeen and No/100 Dollars ($17.00) per rentable square foot of the 2006 Expansion Space (the 2006 Expansion Allowance toward only the following costs: (i) any cost of installing the 2006 Improvements on an "as completed" basis which is performed in accordance with the conditions stated Plans and related to the work to be done for the purpose of preparing the 2006 Expansion Space for Tenants occupancy and use, (ii) the cost of preparing the Plans, (iii) design costs for architectural, mechanical, plumbing and electrical design, (iv) construction documents and permits, and (v) a construction management fee equal to four percent (4%) of the total cost of constructing the 2006 Improvements to be paid to Landlord; provided, however, in no event shall the 2006 Expansion Allowance be used for any costs associated with Tenant's personal property, equipment, trade fixtures or other items of a non-permanent nature installed in the Work Letter attached hereto as Exhibit C 2006 Expansion Space, including without limitation, telephone and incorporated hereby pursuant data cable lines. In the event that either prior to the Approved Final Plans to be finalized and approved in accordance with commencement of the Work Letter and upon approval attached thereto. Any changes installation of the 2006 Inprovements or modifications at any time during or following the installation of the 2006 Improvements, the cost of the 2006 Improvements exceeds the 2006 Expansion Allowance or Tenant requests any change to the Approved Final aforementioned Plans thereafter must be done which has resulted or might result in writing and signed by both an increase in the cost of the installation of such 2006 Improvements so that the cost exceeds the 2006 Expansion Allowance, then Tenant and Landlord in accordance with the Work Letter. So long as in accordance with Article 19 of this Lease, Tenant agrees that Landlord shall be entitled to select, in its reasonable discretion and acting in good faith, all architects, engineers, contractors and material suppliers necessary to furnish the labor and materials exclusively responsible for the payment of such amount and shall promptly deliver the necessary funds to defray such excess cost to Landlord no later than fifteen (15) days after Landlord demands same. Notwithstanding the foregoing, any change order(s) requested by Tenant which will result in an increase in the cost of the construction and installation of the 2006 Improvements shall be agreed to in advance by Landlord and Tenant, and Tenant shall be obligated to pay Landlord an additional construction management fee relative to such change order(s) equal to four percent (4%) of any increase in the cost of the construction and installation of the Tenant Improvements. Landlord Any savings or unused portion of the 2006 Expansion Allowance after the 2006 Improvements are completed shall be the sole contracting party with respect made available to Tenant for additional permanent improvements to the employment of contractors which perform the work necessary to construct the Tenant ImprovementsRevised Complete Premises. Tenant shall not acknowledges that Landlord may be entitled to access to the Leased Premises prior to the Date of Substantial Completion and Tenant shall not interfere with or impair in any material way supervising the construction of the 2006 Improvements while Tenant Improvements, occupies the 2006 Revised Premises and Landlord agrees that it shall use reasonable efforts to minimize any such interference or impairment shall be included within a Tenant Delay as defined in the Work Letter and shall entitle Landlord to all remedies provided herein for breach of this Lease. Prior to the Possession Date, Tenant shall not enter into any contract for construction of any improvements with Tenants business operations within the Leased 2006 Revised Premises with any person other than Landlord without Landlord's prior written consent. Tenant, at Tenant's expense, shall obtain and maintain any and all necessary permits and licenses to enable Tenant to conduct Tenant’s Permitted Use, and the failure of Tenant to obtain or maintain same shall not in any manner affect the Tenant’s obligations hereunder. Landlord shall be solely responsible, at its cost and expense, for obtaining all permits and approvals related to the Tenant Improvementswhile constructing such improvements.
Appears in 1 contract
Samples: Cross Country Healthcare Inc
Tenant Improvements. Subject to the terms and conditions hereof, Landlord agreesAll Tenant Improvements shall be performed by Tenant’s contractor, at its Tenant’s sole cost and expense (subject to complete a “turnkey” interior build-out (“Tenant Improvements”) Landlord’s obligations with respect to any portion of the Leased Premises TI Allowance) and in accordance with the conditions stated in Approved Plans (as defined below), the Work Letter attached hereto as Exhibit C Lease and incorporated hereby pursuant to the Approved Final Plans to be finalized and approved in accordance with the Work Letter and upon approval attached thereto. Any changes or modifications to the Approved Final Plans thereafter must be done in writing and signed by both Tenant and Landlord in accordance with the this Work Letter. So long To the extent that the total projected cost of the Tenant Improvements (as projected by Landlord) exceeds the TI Allowance (such excess, the “Excess TI Costs”), Tenant shall pay the costs of the Tenant Improvements on a pari passu basis with Landlord as such costs become due, in the proportion of Excess TI Costs payable by Tenant to the TI Allowance payable by Landlord. If the cost of the Tenant Improvements (as projected by Landlord) increases over Landlord’s initial projection, then Landlord may notify Tenant and Tenant’s pari passu share of the costs of the Tenant Improvements shall increase accordingly. If the actual Excess TI Costs are less than the Excess TI Costs paid by Tenant, Landlord shall credit Tenant with the overage paid by Tenant against Tenant’s Rent obligations (any such credit, the “Excess TI Costs Overage Credit”), beginning after Landlord has completed the final accounting for the Tenant Improvements; provided, however, that in no event shall such credit exceed an amount equal to the difference between (a) the amount of the available TI Allowance (i.e., $600,000) and (b) the amount of the TI Allowance actually paid by Landlord in connection with the Tenant Improvements. If Tenant fails to pay, or is late in paying, any sum due 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 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 shall be new or “like new;” the Tenant Improvements shall be performed in a first-class, workmanlike manner; and the quality of the Tenant Improvements shall be of a nature and character not less than the Building Standard. Tenant shall take, and shall require its contractors to take, commercially reasonable steps to protect the Premises during the performance of any Tenant Improvements, including covering or temporarily removing any window coverings so as to guard against dust, debris or damage. All Tenant Improvements shall be performed in accordance with Article 19 18 of the Lease; provided that, notwithstanding anything in the Lease or this Lease, Tenant agrees that Landlord shall be entitled Work Letter to selectthe contrary, in its reasonable discretion and acting in good faith, all architects, engineers, contractors and material suppliers necessary to furnish the labor and materials for the construction event of the Tenant Improvements. Landlord shall be the sole contracting party with respect to the employment of contractors which perform the work necessary to construct the Tenant Improvements. Tenant shall not be entitled to access to the Leased Premises prior to the Date of Substantial Completion and Tenant shall not interfere with or impair in any material way the construction of the Tenant Improvements, and any such interference or impairment shall be included within a Tenant Delay as defined in the conflict between this Work Letter and shall entitle Landlord to all remedies provided herein for breach Article 18 of the Lease, the terms of this Lease. Prior to the Possession Date, Tenant Work Letter shall not enter into any contract for construction of any improvements within the Leased Premises with any person other than Landlord without Landlord's prior written consent. Tenant, at Tenant's expense, shall obtain and maintain any and all necessary permits and licenses to enable Tenant to conduct Tenant’s Permitted Use, and the failure of Tenant to obtain or maintain same shall not in any manner affect the Tenant’s obligations hereunder. Landlord shall be solely responsible, at its cost and expense, for obtaining all permits and approvals related to the Tenant Improvementsgovern.
Appears in 1 contract
Samples: Lease (Ardelyx, Inc.)
Tenant Improvements. Subject to the terms and conditions hereof, Landlord agreesAll Tenant Improvements shall be performed by Tenant’s contractor, at its Tenant’s sole cost and expense (subject to complete a “turnkey” interior build-out (“Tenant Improvements”) Landlord’s obligations with respect to any portion of the Leased Premises TI Allowance) and in accordance with the conditions stated in Approved Plans (as defined below), the Work Letter attached hereto as Exhibit C Lease and incorporated hereby pursuant to the Approved Final Plans to be finalized and approved in accordance with the Work Letter and upon approval attached thereto. Any changes or modifications to the Approved Final Plans thereafter must be done in writing and signed by both Tenant and Landlord in accordance with the this Work Letter. So long To the extent that the total projected cost of the Tenant Improvements (as reasonably projected by Landlord) exceeds the TI Allowance (such excess, the “Excess TI Costs”), Tenant shall advance to Landlord any Excess TI Costs within ten (10) days after receipt of an invoice therefor, but in any case before Tenant commences the Tenant Improvements. If the actual Excess TI Costs are less than the Excess TI Costs paid by Tenant to Landlord, Landlord shall credit Tenant with the overage paid by Tenant against Tenant’s Rent obligations, beginning after Landlord has completed the final accounting for the Tenant Improvements (which final accounting shall be completed within thirty (30) days following the completion of the Tenant Improvements). If the cost of the Tenant Improvements (as reasonably projected by Landlord) increases over Landlord’s initial projection, then Landlord may notify Tenant and Tenant shall deposit any additional Excess TI Costs with Landlord in the 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 Work Letter (and Tenant fails to cure such non-payment within three (3) business days after notice from Landlord), 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 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 shall be new or “like new;” the Tenant Improvements shall be performed in a first-class, workmanlike manner; and the quality of the Tenant Improvements shall be of a nature and character not less than the Building Standard. Tenant shall take, and shall require its contractors to take, commercially reasonable steps to protect the Premises during the performance of any Tenant Improvements, including covering or temporarily removing any window coverings so as to guard against dust, debris or damage. All Tenant Improvements shall be performed in accordance with Article 19 17 of the Lease; provided that, notwithstanding anything in the Lease or this Lease, Tenant agrees that Landlord shall be entitled Work Letter to selectthe contrary, in its reasonable discretion and acting in good faith, all architects, engineers, contractors and material suppliers necessary to furnish the labor and materials for the construction event of the Tenant Improvements. Landlord shall be the sole contracting party with respect to the employment of contractors which perform the work necessary to construct the Tenant Improvements. Tenant shall not be entitled to access to the Leased Premises prior to the Date of Substantial Completion and Tenant shall not interfere with or impair in any material way the construction of the Tenant Improvements, and any such interference or impairment shall be included within a Tenant Delay as defined in the conflict between this Work Letter and shall entitle Landlord to all remedies provided herein for breach Article 17 of the Lease, the terms of this Lease. Prior to the Possession Date, Tenant Work Letter shall not enter into any contract for construction of any improvements within the Leased Premises with any person other than Landlord without Landlord's prior written consent. Tenant, at Tenant's expense, shall obtain and maintain any and all necessary permits and licenses to enable Tenant to conduct Tenant’s Permitted Use, and the failure of Tenant to obtain or maintain same shall not in any manner affect the Tenant’s obligations hereunder. Landlord shall be solely responsible, at its cost and expense, for obtaining all permits and approvals related to the Tenant Improvementsgovern.
Appears in 1 contract
Tenant Improvements. Subject Landlord represents and warrants that the Premises currently conforms with the Base Building Requirements referred to in Exhibit B hereof. Landlord shall complete the terms common areas of the Building in conformance with Exhibit B hereof. Landlord and conditions hereof, Tenant acknowledge that Landlord agreeson behalf of Tenant, at its cost and expense Landlord's sole expense, will be improving the Premises prior to complete a “turnkey” interior build-out (“Tenant Improvements”) Tenant's occupancy of the Leased Premises in accordance with the conditions stated it as provided in the Work Letter at Exhibit E hereof (the "Initial Tenant Improvements"); provided, however, Tenant shall pay, prior to its occupying the Premises, the cost of all Work beyond that called for in the plans and specifications attached hereto to Exhibit E, which is occasioned by the change orders requested by Tenant in writing. Tenant shall pay for the extra tenant improvements shown as Extras 1 through 4 on Exhibit C and incorporated hereby pursuant F attached hereto. All Initial Tenant Improvements shall comply with the provisions of Article VIII hereof. Tenant shall have access to the Approved Final Plans Premises upon the execution of this Lease for the purposes of constructing any additional Tenant improvements and not less than 30 days prior to completion of Landlord-constructed Tenant Improvements for installation of data and communications equipment, cabling, and security system, and furniture. Landlord will use its best efforts to complete the Tenant Improvements to be finalized and approved in accordance with constructed by Landlord as shown on Exhibit E hereof not later than April 30, 2001. In the Work Letter and upon approval attached thereto. Any changes or modifications to event such deadline is missed, the Approved Final Plans thereafter must be done in writing and signed by both Tenant and Landlord in accordance with the Work Letter. So long as in accordance with Article 19 Commencement Date of this Lease, Tenant agrees that Landlord the dates for payment of Rent under this Lease, and the Term of this Lease shall be entitled to select, extended on a day-for-day basis through the date of completion. Notwithstanding anything in its reasonable discretion and acting in good faith, all architects, engineers, contractors and material suppliers necessary to furnish the labor and materials for the construction of the Tenant Improvements. Landlord shall be the sole contracting party with respect this Lease to the employment of contractors which perform the work necessary to construct the Tenant Improvements. Tenant shall not be entitled to access to the Leased Premises prior to the Date of Substantial Completion and Tenant shall not interfere with or impair in any material way the construction of the Tenant Improvements, and any such interference or impairment shall be included within a Tenant Delay as defined in the Work Letter and shall entitle Landlord to all remedies provided herein for breach of this Lease. Prior to the Possession Datecontrary, Tenant shall not enter into make any contract for construction structural changes to the Building. For example, Tenant shall not make any holes in any concrete floors or exterior walls or the roof of the building or interfere in any improvements within the Leased Premises way with any person other than supporting beams in the Building. LANDLORD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A SPECIFIC PURPOSE IN CONNECTION WITH THE INITIAL TENANT IMPROVEMENTS. Landlord without hereby assigns all warranties, if any, supplied by the contractor(s) which construct the Initial Tenant Improvements to Tenant until the end of the Term whereupon all such warranties shall automatically be deemed reassigned back to Landlord's prior written consent. Tenant, at Tenant's expense, shall obtain and maintain any and all necessary permits and licenses to enable Tenant to conduct Tenant’s Permitted Use, and Landlord covenants and agrees to cooperate with Tenant during the failure of Tenant to obtain or maintain same shall not Term in any manner affect the Tenant’s obligations hereunder. Landlord shall be solely responsible, at its cost and expense, for obtaining all permits and approvals related to the Tenant Improvementsenforcement in such warranties.
Appears in 1 contract
Samples: Lease (SBS Technologies Inc)
Tenant Improvements. Subject Tenant shall cause to be constructed the terms and conditions hereof, Landlord agrees, at its cost and expense to complete a “turnkey” interior build-out tenant improvements in the Building (the “Tenant Improvements”) pursuant to the Work Letter at a cost to Landlord not to exceed Seven Million Seven Hundred Thousand Dollars ($7,700,000.00) (based upon One Hundred Forty Dollars ($140.00) per rentable square foot and subject to adjustment in Rentable Area as provided in Section 4.7 herein) (the “Tenant Improvement Allowance”) which shall include the cost of construction, cost of space planning, architect, engineering and other related services, building permits, signage, consulting fees, equipment (including personal property and trade fixtures, which shall not exceed fifteen percent (15%) of the Leased Premises Tenant Improvement Allowance), relocation costs, furniture, cabling and other planning and inspection fees. Any costs incurred in accordance with performing the conditions stated Tenant Improvements described in the Work Letter attached hereto as Exhibit C and incorporated hereby pursuant to the Approved Final Plans to be finalized and approved in accordance with the Work Letter and upon approval attached thereto. Any changes or modifications to the Approved Final Plans thereafter must be done in writing and signed by both Tenant and Landlord in accordance with the Work Letter. So long as in accordance with Article 19 of this Lease, Tenant agrees that Landlord shall be entitled to select, in its reasonable discretion and acting in good faith, all architects, engineers, contractors and material suppliers necessary to furnish the labor and materials for the construction excess of the Tenant Improvements. Improvement Allowance shall be borne solely by Tenant; provided, however, at Tenant’s option, Landlord shall fund such excess in an amount not to exceed Twenty-Five Dollars ($25.00) per rentable square foot (the “Additional Allowance,” and together with the Tenant Improvement Allowance, the “Combined Allowance”). The Additional Allowance shall be the sole contracting party repaid by Tenant monthly as Additional Rent beginning with respect Tenant’s first Rent payment, in a monthly amount equal to the employment Additional Allowance fully amortized at an interest rate of contractors which perform the work necessary to construct the Tenant Improvementstwelve percent (12%) per annum over twelve (12) years. Tenant may prepay the remaining Additional Allowance at any time without penalty, and shall not be entitled to access to repay the Leased Premises prior to remaining Additional Allowance in full upon expiration of the Date of Substantial Completion and Tenant shall not interfere with or impair in any material way the construction Lease Term. Any unused portion of the Tenant Improvements, and any such interference or impairment Improvement Allowance shall be included within a Tenant Delay credited against Monthly Rent payments as defined in the Work Letter and shall entitle Landlord to all remedies provided herein for breach of this Leasesuch Monthly Rent payments become due. Prior In addition to the Possession DateTenant Improvement Allowance and Additional Allowance, Landlord will provide Tenant shall not enter into any contract with an additional allowance of up to 15/100 Dollars ($0.15) per rentable square foot for purposes of Xxxxxx-Xxxxxx Architects preparing a preliminary space planning “test-fit,” payable upon Landlord’s receipt of such test-fit prior to construction of any improvements within the Leased Premises with any person other than Landlord without Landlord's prior written consent. Tenant, at Tenant's expense, shall obtain and maintain any and all necessary permits and licenses to enable Tenant to conduct Tenant’s Permitted Use, and the failure of Tenant to obtain or maintain same shall not in any manner affect the Tenant’s obligations hereunder. Landlord shall be solely responsible, at its cost and expense, for obtaining all permits and approvals related to the Tenant Improvementstenant improvements.
Appears in 1 contract
Samples: Lease (Nuvelo Inc)
Tenant Improvements. Subject to By the terms and conditions hereofcommencement date, Landlord agrees, shall at its cost and expense to complete a “turnkey” interior build-out (“Tenant Improvements”) of the Leased Premises in accordance with the conditions stated in the Work Letter attached hereto as Exhibit C and incorporated hereby pursuant to the Approved Final Plans to be finalized and approved in accordance with the Work Letter and upon approval attached thereto. Any changes or modifications to the Approved Final Plans thereafter must be done in writing and signed by both Tenant and Landlord in accordance with the Work Letter. So long as in accordance with Article 19 of this Lease, Tenant agrees that Landlord shall be entitled to select, in its reasonable discretion and acting in good faith, all architects, engineers, contractors and material suppliers necessary to furnish the labor and materials for the construction of the Tenant Improvements. Landlord shall be the sole contracting party with respect to the employment of contractors which perform the work necessary to construct the Tenant Improvements. Tenant shall not be entitled to access to the Leased Premises prior to the Date of Substantial Completion and Tenant shall not interfere with or impair in any material way the construction of the Tenant Improvements, and any such interference or impairment shall be included within a Tenant Delay as defined in the Work Letter and shall entitle Landlord to all remedies provided herein for breach of this Lease. Prior to the Possession Date, Tenant shall not enter into any contract for construction of any improvements within the Leased Premises with any person other than Landlord without Landlord's prior written consent. Tenant, at Tenant's expense, shall obtain and maintain any and all necessary permits and licenses to enable Tenant to conduct Tenant’s Permitted Use, and the failure of Tenant to obtain or maintain same shall not in any manner affect the Tenant’s obligations hereunder. Landlord shall be solely responsible, at its own cost and expense, construct and complete the Tenant Improvements for obtaining Tenants use, incorporating in such construction all permits and approvals related applicable items of work described in the "Property Profile" appended hereto as Exhibit "B" it being understood that such construction is intended to be "turn-key" in nature. Any work other than or in addition to the items specifically enumerated, as landlords work on Exhibit "B" shall be performed by tenant Tenants sole cost and expense. Landlord shall cause all construction which is to be performed by it to be completed and the property ready for the Tenant Improvements.to occupy as soon as reasonably possible. All construction warranties or any other warranties or rights against the contractors shall inure to the benefit of the Landlord and Tenant shall cooperate. with the Landlord in this Regard. Landlords tenant improvement obligation shall be limited to the improvement of ( to be determined) square feet and shall be subject to Landlords review and approval of all construction costs. Additional costs above those approved by Landlord shall be payable by Tenant upon Tenants first day of occupancy. ADDITIONAL PROVISIONS MAY BE SET FORTH IN A RIDER OR RIDERS ATTACHED HERETO OR IN THE BLANK SPACE BELOW. IF NO ADDITIONAL PROVISIONS ARE INSERTED, PLEASE DRAW A LINE THROUGH THE SPACE BELOW. ADDITIONAL PROVISIONS
Appears in 1 contract
Samples: Nebo Products Inc
Tenant Improvements. Subject All Tenant Improvements shall be performed by Landlord’s contractor, at Tenant’s sole cost and expense (subject to Landlord’s obligations with respect to any portion of the Base TI Allowance and, if properly requested by Tenant pursuant to the terms and conditions hereof, Landlord agrees, at its cost and expense to complete a “turnkey” interior build-out (“Tenant Improvements”) of the Leased Premises in accordance with Lease, the conditions stated in the Work Letter attached hereto as Exhibit C and incorporated hereby pursuant to the Approved Final Plans to be finalized and approved in accordance with the Work Letter and upon approval attached thereto. Any changes or modifications to the Approved Final Plans thereafter must be done in writing and signed Additional TI Allowance used by both Tenant and Landlord in accordance with the Work Letter. So long as in accordance with Article 19 of this Lease, Tenant agrees that Landlord shall be entitled to select, in its reasonable discretion and acting in good faith, all architects, engineers, contractors and material suppliers necessary to furnish the labor and materials for the construction of the Tenant Improvements. Landlord shall be the sole contracting party with respect to the employment of contractors which perform the work necessary to construct the Tenant Improvements. Tenant shall not be entitled to access to the Leased Premises prior to the Date of Substantial Completion and Tenant shall not interfere with or impair in any material way the construction of completing the Tenant Improvements, but subject to the last sentence of Section 4.7 of the Lease) and any such interference or impairment shall be included within a Tenant Delay in substantial accordance with the Approved Plans (as defined in below), the Lease and this Work Letter and shall entitle Landlord to all remedies provided herein for breach Letter. To the extent that the total projected cost of this Lease. Prior to the Possession DateTenant Improvements (as projected by Landlord) exceeds the TI Allowance (such excess, the “Excess TI Costs”), Tenant shall not enter into pay the costs of the Tenant Improvements on a pari passu basis with Landlord as such costs become due, in the proportion of Excess TI Costs payable by Tenant to the Base TI Allowance (and, if properly requested by Tenant pursuant to the Lease, the Additional TI Allowance) payable by Landlord. If the cost of the Tenant Improvements (as projected by Landlord) increases over Landlord’s initial projection, then Landlord’s and Tenant’s respective pari passu shares shall be adjusted accordingly. If Tenant fails to pay, or is late in paying, any contract sum due to Landlord under this Work Letter, then Landlord shall have all of the rights and remedies set forth in the Lease for construction nonpayment of Rent (including the right to interest and the right to assess a late charge), and for purposes of any improvements within litigation instituted with regard to such amounts the Leased Premises with any person other than same shall be considered Rent. All material and equipment furnished by Landlord without Landlord's prior written consent. Tenant, at Tenant's expense, or its contractors as the Tenant Improvements shall obtain and maintain any and all necessary permits and licenses to enable Tenant to conduct Tenant’s Permitted Use, be new or “like new,” and the failure of Tenant to obtain or maintain same shall not in any manner affect the Tenant’s obligations hereunder. Landlord Improvements shall be solely responsibleperformed in a first-class, at workmanlike manner and in compliance with Applicable Laws to the extent required by applicable Governmental Authorities as a condition to the issuance of a certificate of occupancy or its cost and expensesubstantial equivalent (i.e., a final sign off on permits for obtaining all permits and approvals related to the Tenant Improvements). 2.1.
Appears in 1 contract
Samples: Codex DNA, Inc.
Tenant Improvements. Subject to the terms and conditions hereof, Landlord agreesAll Tenant Improvements shall be performed by Tenant’s contractor, at its Tenant’s sole cost and expense (subject to complete a “turnkey” interior build-out (“Tenant Improvements”) Landlord’s obligations with respect to any portion of the Leased Premises TI Allowance and in accordance with the conditions stated in Approved Plans (as defined below), the Work Letter attached hereto as Exhibit C Lease and incorporated hereby pursuant to the Approved Final Plans to be finalized and approved in accordance with the Work Letter and upon approval attached thereto. Any changes or modifications to the Approved Final Plans thereafter must be done in writing and signed by both Tenant and Landlord in accordance with the this Work Letter. So long To the extent that the total projected cost of the Tenant Improvements (as projected by Landlord) exceeds the TI Allowance (such excess, the “Excess TI Costs”), Tenant shall pay the costs of the Tenant Improvements as such costs become due, and Landlord shall reimburse Tenant (or pay directly to Tenant’s contractor) on a pari passu basis, in the proportion of Excess TI Costs payable by Tenant to the TI Allowance payable by Landlord. If the cost of the Tenant Improvements (as projected by Landlord) increases over Landlord’s initial projection, Tenant shall promptly notify Landlord, and Landlord’s payment of the TI Allowance shall be on an adjusted pari passu basis based on the additional Excess TI Costs. All material and equipment furnished by Tenant or its contractors as the Tenant Improvements shall be new or “like new;” the Tenant Improvements shall be performed in a first-class, workmanlike manner; and the quality of the Tenant Improvements shall be of a nature and character not less than the Building Standard, as set forth in Exhibit B-2. Tenant shall take, and shall require its contractors to take, commercially reasonable steps to protect the Premises during the performance of any Tenant Improvements, including covering or temporarily removing any window coverings so as to guard against dust, debris or damage. All Tenant Improvements shall be performed in accordance with Article 19 16 of the Lease; provided that, notwithstanding anything in the Lease or this Lease, Tenant agrees that Landlord shall be entitled Work Letter to selectthe contrary, in its reasonable discretion and acting in good faith, all architects, engineers, contractors and material suppliers necessary to furnish the labor and materials for the construction event of the Tenant Improvements. Landlord shall be the sole contracting party with respect to the employment of contractors which perform the work necessary to construct the Tenant Improvements. Tenant shall not be entitled to access to the Leased Premises prior to the Date of Substantial Completion and Tenant shall not interfere with or impair in any material way the construction of the Tenant Improvements, and any such interference or impairment shall be included within a Tenant Delay as defined in the conflict between this Work Letter and shall entitle Landlord to all remedies provided herein for breach Article 16 of the Lease, the terms of this Lease. Prior to the Possession Date, Tenant Work Letter shall not enter into any contract for construction of any improvements within the Leased Premises with any person other than Landlord without Landlord's prior written consent. Tenant, at Tenant's expense, shall obtain and maintain any and all necessary permits and licenses to enable Tenant to conduct Tenant’s Permitted Use, and the failure of Tenant to obtain or maintain same shall not in any manner affect the Tenant’s obligations hereunder. Landlord shall be solely responsible, at its cost and expense, for obtaining all permits and approvals related to the Tenant Improvementsgovern.
Appears in 1 contract
Samples: Lease (PMV Pharmaceuticals, Inc.)
Tenant Improvements. Subject A. Lessor is providing the existing base building (pursuant to the terms and conditions hereof, Landlord agrees, at its cost and expense to complete a “turnkey” interior build-out (“Tenant Improvements”) schedule of the Leased Premises in accordance with the conditions stated in the Work Letter base building plan attached hereto as Exhibit C "F") and incorporated hereby a tenant improvement allowance of $30.00 per usable square foot (the "Tenant Improvement Allowance") for the tenant improvements to be constructed by Lessor at the Premises. All improvements to the existing base building will be so-called "Tenant Improvements" to be installed by Lessor but to be selected by Lessee as hereinafter provided and paid for by Lessee subject to Lessor providing an allowance in the aforesaid amount. Included within the Tenant Improvement Allowance shall be all costs for space planning, construction document preparation, design work and construction drawing work and all costs of obtaining permits. In the event Lessee desires any Tenant Improvements having a price in excess of the Tenant Improvement Allowance, Lessee shall pay Lessor in cash for such excess amount or, at Lessee's option, such excess amount (up to $7.00 per rentable square foot of the Premises) may be paid by Tenant in equal monthly installments over the Initial Term, with an annual interest rate thereon of nine percent (9%), in which case, such excess amount shall be deemed to be included in the Tenant Improvement Allowance. If Lessee requests a higher grade or quality of any component of the Tenant Improvements (if any) otherwise provided by Lessor pursuant to the Approved Final Plans to be finalized plans and approved in accordance with specifications of Exhibit "F", Lessor will allow a credit for the Work Letter and upon approval attached theretocost of the component replaced. Any changes or modifications to The balance of the Approved Final Plans thereafter must be done in writing and signed amount by both which the cost of the Tenant and Landlord in accordance with Improvements exceeds the Work Letter. So long as in accordance with Article 19 of this Lease, Tenant agrees that Landlord Improvement Allowance shall be entitled paid for in cash by Lessee to select, in its reasonable discretion and acting in good faith, all architects, engineers, contractors and material suppliers necessary to furnish the labor and materials for the construction Lessor upon substantial completion of the Tenant Improvements. Landlord In the event the actual cost of the Tenant Improvements is less than the Tenant Improvement Allowance (without regard to the $7.00 per rentable square foot additional amount), the difference between the actual cost of such Tenant Improvements and the Tenant Improvement Allowance shall be available to Lessee as a credit against Base Rent due from Lessee to Lessor. Opus West Construction Corporation shall be the sole contracting party with respect to the employment of contractors which perform the work necessary to construct the general contractor for all Tenant ImprovementsImprovement work. Tenant shall not be entitled to access to the Leased Premises prior to the Date of Substantial Completion and Tenant shall not interfere with or impair in any material way the construction of the Tenant Improvements, and any such interference or impairment All major subcontracts shall be included within a Tenant Delay as defined in the Work Letter and shall entitle Landlord to all remedies provided herein for breach of this Lease. Prior to the Possession Date, Tenant shall not enter into any contract for construction of any improvements within the Leased Premises with any person other than Landlord without Landlord's prior written consent. Tenant, at Tenant's expense, shall obtain and maintain any and all necessary permits and licenses to enable Tenant to conduct Tenant’s Permitted Use, and the failure of Tenant to obtain or maintain same shall not in any manner affect the Tenant’s obligations hereunder. Landlord shall be solely responsible, at its cost and expense, for obtaining all permits and approvals related to the Tenant Improvementscompetitively bid.
Appears in 1 contract
Tenant Improvements. Subject to the terms and conditions hereof, Landlord agrees, at its it’s sole cost and expense to complete a “turnkey” interior build-out expense, shall provide tenant improvements (the “Tenant Improvements”) to suit as detailed in Exhibit “A” attached hereto, excepting the transformer room marked room 112. Said tenant improvements shall be delivered by Landlord on the commencement of the Leased Premises lease in accordance a finished condition including taped, sanded and painted drywall partitions, HVAC, drop ceiling and fluorescent lighting fixtures, carpeting, Xxxxxxxxx Excelon SDT Static Dissipative tile (does not include installation of additional copper grounding strips) flooring in computer rooms, and 110-volt electrical outlets every 10 feet. Landlord shall provide the generator room with the conditions stated in the Work Letter concrete floor, 2 hour rated walls and ceiling, 110-volt electrical outlets on walls and fluorescent lighting fixtures. Landlord shall also provide fully improved common areas including ground floor lobby, elevator, corridors and restrooms. Landlord shall be responsible for all costs associated with fire code compliance and ADA compliance. The final cost estimate shall be determined within ten (10) days of Landlord’s receipt of Tenant’s final space plan. Tenant’s final space plan is attached hereto as Exhibit C A and incorporated hereby pursuant has been approved by the parties hereto. Landlord shall cause to be prepared, as quickly as possible, final plans, specifications and working drawings of the Tenant Improvements (“Final Plans”), all of which conform to or represent logical evolutions of or developments from Tenant’s final space plan. Within ten (10) days after receipt thereof, at its election (a) Tenant may approve the Final Plans, or (b) Tenant may deliver to Landlord the specific written changes to such plans that are necessary, in Tenant’s opinion, to conform such plans to Tenant’s final space plan. If Tenant desires changes, Landlord shall not unreasonably withhold its approval of such changes and the parties shall confer and negotiate in good faith to reach agreement on modifications to the Approved Final Plans. As soon as approved by Landlord and Tenant, Landlord shall submit the Final Plans to be finalized all appropriate governmental agencies and approved in accordance with thereafter the Work Letter and upon approval attached theretoLandlord shall use its best efforts to obtain required governmental approvals as soon as practicable. Any changes or modifications to After the Approved Final Plans thereafter must be done in writing and signed by both Tenant and Landlord in accordance have been approved, neither party shall have the right to require extra work or change orders with the Work Letter. So long as in accordance with Article 19 of this Lease, Tenant agrees that Landlord shall be entitled respect to select, in its reasonable discretion and acting in good faith, all architects, engineers, contractors and material suppliers necessary to furnish the labor and materials for the construction of the Tenant Improvements without the prior written consent of the other, which consent shall not be unreasonably withheld or delayed. All change orders shall specify any change in the final cost estimate as a consequence of the change order. Upon Landlord obtaining the required governmental approvals for the Tenant Improvements, Landlord shall provide Tenant early occupancy of the Premises for Tenant’s construction of Tenant’s additional improvements set forth below and for the installation of Tenant’s trade fixtures and equipment. Such early occupancy shall be on the same terms and conditions of this Lease except that Tenant shall have no obligation to pay rent during such early occupancy. Tenant shall reimburse Landlord, in cash, prior to lease commencement for any costs that exceed $135,000.00 due to changes or additions caused by Tenant or it’s special utility and HVAC needs, but only if such excess cost is reflected in the final cost estimate. Tenant has advised Landlord and Landlord has approved of Tenant’s requirement for additional improvements to be located at the Premises. Said additional improvements that are exclusively for Tenant’s use may include, but are not necessarily limited to, a 1,200-amp, 120/208-volt, 3 phase power service with distribution, an on-site transformer room #112 required by PGE, and ten (10) tons of roof mounted HVAC with distribution to service Tenant’s equipment. All costs associated with the additional electrical and HVAC equipment installation and the transformer room shall solely be the obligation and responsibility of Tenant. Tenant shall contract separately with a licensed and bonded contractor, that is pre-approved by Landlord, for said additional tenant improvements. Landlord shall be held harmless and have no responsibility whatsoever for any delays that may occur in Landlord’s completion of the sole contracting party with respect standard tenant improvements to be built by Landlord and delivery of the employment Premises to Tenant that are caused by the installation of contractors which perform the work necessary additional tenant improvements to construct be installed by Tenant. No delay in the commencement date of the lease term and the payment of rent when due shall be specifically caused by the Tenant Improvementsinstallation of such additional tenant improvements. Tenant The selection of a contractor, the location and cost of said additional tenant improvements, including Landlord’s approval thereof, shall not be entitled to access to the Leased Premises determined prior to the Date commencement of Substantial Completion construction. Notwithstanding anything to the contrary, Landlord shall pay, and Tenant shall not interfere have no responsibility for, the following costs associated with Tenant’s additional improvements: (i) costs to bring the Building into compliance with applicable Laws, including, without limitation, the Americans with Disabilities Act and Hazardous Materials Laws and (ii) costs incurred to remove Hazardous Materials from the Premises or impair in any material way the Building. Effective upon delivery of the Premises to Tenant, Landlord warrants that (i) construction of the Tenant ImprovementsImprovements was performed in accordance with all Laws and the Final Plans and in a good and workmanlike manner, and any such interference or impairment shall be included within a Tenant Delay as defined (ii) all material and equipment installed in the Work Letter and shall entitle Landlord to all remedies provided herein for breach of this Lease. Prior Premises conformed to the Possession Date, Tenant shall not enter into any contract for construction Final Plans and was new and otherwise of any improvements within the Leased Premises with any person other than Landlord without Landlord's prior written consent. Tenant, at Tenant's expense, shall obtain and maintain any and all necessary permits and licenses to enable Tenant to conduct Tenant’s Permitted Use, and the failure of Tenant to obtain or maintain same shall not in any manner affect the Tenant’s obligations hereunder. Landlord shall be solely responsible, at its cost and expense, for obtaining all permits and approvals related to the Tenant Improvementsgood quality.
Appears in 1 contract
Samples: Office Lease (Eschelon Telecom Inc)
Tenant Improvements. Subject Tenant shall be responsible for the design and construction of all improvements to the terms and conditions hereof, Landlord agrees, at its cost and expense to complete a “turnkey” interior build-out Expansion Premises (“Expansion Tenant Improvements”). Tenant shall submit tenant improvement plans to Landlord for Landlord’s review no later than ten (10) days from the date hereof. The Expansion Tenant Improvement Plans shall be designed and detailed so that the Expansion Tenant Improvements will comply with applicable laws and building codes. Within seven (7) days after Landlord’s receipt of the Leased Premises in accordance Expansion Tenant Improvement Plans, Landlord shall either approve the Expansion Tenant Improvement Plans (with Landlord’s approval not to be unreasonably withheld) or disapprove the conditions stated Expansion Tenant Improvement Plans. Any disapproval shall include a detailed explanation of the rejected components of the Expansion Tenant Improvement Plans. If Landlord fails to respond in the Work Letter attached hereto as Exhibit C and incorporated hereby pursuant established timeframe, the Expansion Tenant Improvement Plans shall be deemed to be approved by Landlord. If Landlord disapproves the Expansion Tenant Improvement Plans, tenant may submit a revised version of the Expansion Tenant Improvement Plans to Landlord for its review in the same manner described above. Tenant may continue such approval procedure until Landlord’s approval of the Expansion Tenant Improvement Plans is obtained or is deemed obtained. Once the Expansion Tenant Improvement Plans have been approved by Landlord, Tenant shall submit the Expansion Tenant Improvement Plans to the Approved Final appropriate governmental agency(ies) for the necessary permits to construct the Expansion Tenant Improvements. Any nonmaterial change to the Expansion Tenant Improvement Plans required by a governmental agency shall be deemed approved by Landlord. Tenant shall submit any material changes to the Expansion Tenant Improvement Plans required by a governmental agency to Landlord for its review in the manner described above, except that the timeframe in such event shall be five (5) business days. Once the Expansion Tenant Improvement Plans are approved (or deemed approved) by Landlord and Tenant has obtained the necessary construction permits, Tenant shall retain a reputable licensed and insured contractor(s), of Tenant’s choice but subject to Landlord’s prior written approval, not to be finalized and approved in accordance with the Work Letter and upon approval attached thereto. Any changes unreasonably withheld or modifications delayed, to the Approved Final Plans thereafter must be done in writing and signed by both Tenant and Landlord in accordance with the Work Letter. So long as in accordance with Article 19 of this Lease, Tenant agrees that Landlord shall be entitled to select, in its reasonable discretion and acting in good faith, all architects, engineers, contractors and material suppliers necessary to furnish the labor and materials for perform the construction of the Expansion Tenant Improvements. Landlord Such construction shall be performed in substantial compliance with the sole contracting party with respect to the employment of contractors which perform the work necessary to construct the approved Expansion Tenant ImprovementsImprovement Plans. Tenant shall not be entitled to access to have the Leased Premises prior to the Date of Substantial Completion and Expansion Tenant shall not interfere with or impair Improvements constructed in any material way the construction of the Tenant Improvementsa professional, and any such interference or impairment shall be included within a Tenant Delay as defined in the Work Letter and shall entitle Landlord to all remedies provided herein for breach of this Lease. Prior to the Possession Date, Tenant shall not enter into any contract for construction of any improvements within the Leased Premises with any person other than Landlord without Landlord's prior written consent. Tenant, at Tenant's expense, shall obtain and maintain any and all necessary permits and licenses to enable Tenant to conduct Tenant’s Permitted Use, and the failure of Tenant to obtain or maintain same shall not in any manner affect the Tenant’s obligations hereunder. Landlord shall be solely responsible, at its cost and expense, for obtaining all permits and approvals related to the Tenant Improvementsworkmanlike manner.
Appears in 1 contract
Samples: Lease (Towerstream Corp)
Tenant Improvements. Subject Lessee is not entitled to any alterations or improvements to the terms and conditions hereofExpansion Premises by Lessor, Landlord or any allowance or reimbursement in connection with any work performed by Lessee therein, except that Lessor agrees, at its sole cost and expense expense, to complete (a) build an approximately 500 square foot warehouse office in the Expansion Premises in a “turnkey” interior build-out specific size, location, manner and condition mutually agreed upon by Lessor and Lessee, (b) remove the current warehouse office next to the loading dock doors in the Expansion Premises, (c) remove the existing racks in the Expansion Premises, (d) perform the Ramp Removal, (e)complete the technology requirement as described on Exhibit A and (f) cause the Expansion Premises to be professionally cleaned and all portions thereof delivered to Lessee in good repair and operating condition (collectively, the “Tenant Improvements”) of the Leased Premises in accordance with the conditions stated in the Work Letter attached hereto as Exhibit C and incorporated hereby pursuant ). In addition to the Approved Final Plans to be finalized and approved in accordance with the Work Letter and upon approval attached thereto. Any changes or modifications to the Approved Final Plans thereafter must be done in writing and signed by both Tenant and Landlord in accordance with the Work Letter. So long as in accordance with Article 19 of this Lease, Tenant agrees that Landlord shall be entitled to select, in its reasonable discretion and acting in good faith, all architects, engineers, contractors and material suppliers necessary to furnish the labor and materials for the construction of the Tenant Improvements. Landlord shall be the sole contracting party with respect to the employment of contractors which perform the work necessary to construct the Tenant Improvements. Tenant shall not be entitled to access to the Leased Premises prior to the Date of Substantial Completion and Tenant shall not interfere with or impair in any material way the construction of the Tenant Improvements, and any such interference or impairment shall be included within a Tenant Delay as defined in Lessor agrees to perform the Work Letter and shall entitle Landlord to all remedies provided herein for breach of this Lease. Prior to the Possession Date, Tenant shall not enter into any contract for construction of any improvements within the Leased Premises with any person other than Landlord without Landlord's prior written consent. Tenantfollowing work, at Tenant's expense, shall obtain and maintain any and all necessary permits and licenses to enable Tenant to conduct TenantLessor’s Permitted Use, and the failure of Tenant to obtain or maintain same shall not in any manner affect the Tenant’s obligations hereunder. Landlord shall be solely responsible, at its sole cost and expense, for obtaining all permits not later than 30 days after the Expansion Premises Commencement Date: (i) cause heater and approvals related air conditioning equipment and systems to be repaired such that the same are in good working order, and (ii) repair dock doors (collectively, the “Remaining Work”). Within five days after Lessor delivers possession of the Premises to Lessee with the Tenant Improvements completed, and again within five days after Lessor completes the Remaining Work and notifies Lessee of such completion, Lessor and Lessee shall conduct a joint walk through of the Expansion Premises and identify any items not completed to the Tenant Improvementsreasonable satisfaction of Lessee (“Punch List Items”). Lessor shall be responsible for the correction and completion of such Punch List Items at Lessor’s cost, which shall be performed within 30 days after each applicable walk through.
Appears in 1 contract
Tenant Improvements. Subject Landlord is not required to make Tenant Improvements as part of this Lease Renewal. Tenant is also not required to make Tenant Improvements as part of this Lease Renewal. Tenant’s planned improvements (if any) will be submitted to Landlord for approval subject to the terms and conditions hereofrequirements of this Lease. Landlord’s approval may not be unreasonably withheld, conditioned or delayed. Should Tenant require “Temporary Space” for their improvements (ie. space to accommodate employees while tenant improvements are being constructed) the Landlord agreeswill make available up to 20,000 vacant square feet of Temporary Space at either 0000 Xxxxxxxx Xxxxxx, 0000 Xxxxxxxx Xxxxxx, 000 X-0 Xxxxxxx Xxxx Drive or 000X Xxxxxxx Xxxx Drive or some combination thereof at its cost and expense to complete a “turnkey” interior build-out (“Landlord’s option. Tenant Improvements”) shall notify Landlord of the Leased Premises in accordance with requirement to temporarily use the conditions stated in space before May 1, 2004 or such right shall forever lapse. The temporary use of the Work Letter attached hereto space shall include Free Base Monthly Rent and Operating Expenses through July 31, 2004. From August 1, 2004, Base Monthly Rent shall be $0.50 NNN on a month-to-month basis and Tenant shall pay Operating Expenses. During all use of Temporary Space, Tenant shall maintain insurance on such space as Exhibit C and incorporated hereby pursuant to the Approved Final Plans to be finalized and approved in accordance with the Work Letter and upon approval attached thereto. Any changes or modifications to the Approved Final Plans thereafter must be done in writing and signed by both Tenant and Landlord in accordance with the Work Letter. So long as in accordance with Article 19 of required under this Lease, Tenant agrees that Landlord shall be entitled to selecthave all indemnity duties set forth in this Lease, in its reasonable discretion and acting in good faith, all architects, engineers, contractors and material suppliers necessary to furnish the labor and materials for the construction of the Tenant Improvements. Landlord shall be the sole contracting party with respect to the employment of contractors which perform the work necessary to construct the Tenant Improvements. Tenant shall not be entitled to access to the Leased Premises prior to the Date of Substantial Completion and Tenant shall execute with Landlord a Temporary Use Agreement reasonably requested by Landlord, provided, same shall not interfere with or impair in change any material way the construction of the Tenant Improvementsagreements made herein. Tenant’s rights to use Temporary Space shall not extend further than September 30, 2004, and any on or before such interference or impairment shall be included within a Tenant Delay as defined in the Work Letter and shall entitle Landlord to all remedies provided herein for breach of this Lease. Prior to the Possession Datedate, Tenant shall not enter into any contract for construction vacate the said premises, return them to Landlord in the same condition in which they were received, reasonable wear and tear incurred in spite of any improvements within the Leased Premises with any person other than Landlord without Landlord's prior written consent. Tenantuse of commercially reasonable maintenance practices and efforts, at Tenant's expenseexcepted, shall obtain and maintain any and remove all necessary permits and licenses to enable Tenant to conduct of Tenant’s Permitted Use, and the failure of Tenant to obtain or maintain same shall not in any manner affect the property. Landlord may access Tenant’s obligations hereunder. Landlord shall be solely responsible, at its cost and expense, for obtaining all permits and approvals related Security Deposit to the Tenant Improvementsremedy any breaches of these agreements.
Appears in 1 contract
Samples: Sonicwall Inc
Tenant Improvements. Subject Tenant shall have the right to make certain tenant improvements to the terms and conditions hereofPremises (as generally described on Exhibit B-1 hereto), Landlord agrees, at its cost and expense including the right to complete construct a fence (the “turnkey” interior build-out 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 Leased 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 conditions stated in the Work Letter attached hereto as Exhibit C and incorporated hereby pursuant to the Approved Final Plans to be finalized and approved in accordance with the Work Letter and upon approval attached thereto. Any changes or modifications to the Approved Final Plans thereafter must be done in writing and signed by both Tenant and Landlord in accordance with the Work Letter. So long as in accordance with Article 19 of this Lease, Tenant agrees that Landlord Space Plan which shall be entitled in sufficient detail to select, in its reasonable discretion and acting in good faith, all architects, engineers, contractors and material suppliers necessary enable Tenant to furnish the labor and materials obtain a building permit for the construction of the Tenant ImprovementsImprovements (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 sole contracting party 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 acting 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 employment exterior of contractors which perform the work necessary 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. Tenant shall not be entitled to access , at Tenant’s sole expense (subject to the Leased Premises prior to the Date of Substantial Completion and Tenant shall not interfere with or impair in any material way the construction application of the Tenant ImprovementsImprovement Allowance described below), and any such interference or impairment shall be included within a Tenant Delay as defined in the Work Letter and shall entitle Landlord to all remedies provided herein for breach of this Lease. Prior subject to the Possession Date, Tenant shall not enter into any contract for construction of any improvements within the Leased Premises with any person other than Landlord without Landlord's prior written consent. Tenant, at Tenant's expense, shall obtain and maintain any and all necessary permits and licenses to enable Tenant to conduct Tenant’s Permitted Use, and the failure of Tenant to obtain or maintain same shall not in any manner affect the Tenant’s obligations hereunder. Landlord shall be solely responsible, at its cost and expense, for obtaining all permits and approvals related to the Tenant Improvements.following conditions:
Appears in 1 contract
Tenant Improvements. Subject Landlord shall with reasonable diligence through a contractor designated by Landlord (which contractor may be an affiliate of Landlord) cause to be installed in the Premises new building standard carpet and shall cause all interior walls in the Premises to be painted with building standard paint (the foregoing are hereinafter referred to as the "TENANT IMPROVEMENTS") in good and workmanlike manner, and in compliance with all applicable laws, codes and regulations. Upon request by Landlord, Tenant shall designate in writing an individual authorized to act as Tenant's Representative with respect to all approvals, directions and authorizations pursuant to this Construction Rider. Following execution of this Lease, Landlord shall proceed with reasonable diligence to cause the Tenant Improvements to be Substantially Completed on or prior to the terms and conditions hereof, Landlord agrees, at its cost and expense Scheduled Commencement Date. The Tenant Improvements shall be deemed to complete a “turnkey” interior build-out (“Tenant Improvements”) of the Leased Premises be "SUBSTANTIALLY COMPLETED" when they have been completed in accordance with the conditions stated in Final Construction Documents except for finishing details, minor omissions, decorations and mechanical adjustments of the Work Letter attached hereto as Exhibit C type normally found on an architectural "punch list". (The definition of Substantially Completed shall also define the terms "SUBSTANTIAL COMPLETION" and incorporated hereby pursuant to the Approved Final Plans to be finalized and approved in accordance with the Work Letter and upon approval attached thereto. Any changes or modifications to the Approved Final Plans thereafter must be done in writing and signed by both Tenant and Landlord in accordance with the Work Letter. So long as in accordance with Article 19 of this Lease, Tenant agrees that Landlord shall be entitled to select, in its reasonable discretion and acting in good faith, all architects, engineers, contractors and material suppliers necessary to furnish the labor and materials for the construction "SUBSTANTIALLY COMPLETE.") Following Substantial Completion of the Tenant ImprovementsImprovements and before Tenant takes possession of the Premises (or as soon thereafter as may be reasonably practicable and in any event within 30 days after Substantial Completion), Landlord and Tenant shall inspect the Premises and jointly prepare a "punch list" of agreed items of construction remaining to be completed. Landlord shall be complete the sole contracting party with respect to items set forth in the employment of contractors which perform the work necessary to construct the Tenant Improvementspunch list as soon as reasonably possible. Tenant shall not be entitled to access to the Leased Premises prior to the Date of Substantial Completion cooperate with and Tenant shall not interfere with or impair in any material way the construction of the Tenant Improvements, accommodate Landlord and any such interference or impairment shall be included within a Tenant Delay as defined in the Work Letter and shall entitle Landlord to all remedies provided herein for breach of this Lease. Prior to the Possession Date, Tenant shall not enter into any contract for construction of any improvements within the Leased Premises with any person other than Landlord without Landlord's prior written consent. Tenant, at Tenant's expense, shall obtain and maintain any and all necessary permits and licenses to enable Tenant to conduct Tenant’s Permitted Use, and contractor in completing the failure of Tenant to obtain or maintain same shall not in any manner affect items on the Tenant’s obligations hereunder. Landlord shall be solely responsible, at its cost and expense, for obtaining all permits and approvals related to the Tenant Improvementspunch list.
Appears in 1 contract