Tenant Improvements. 18.1 Lessor shall provide Lessee with a tenant improvement allowance of $47,520 (the "Allowance") for new carpeting and paint to the Premises (collectively, the "Work"). All aspects of completion of the Work (including selection of materials and contractors) shall be subject to Lessor's reasonable prior approval. The Allowance shall be payable within 15 days after satisfaction of the following conditions: (i) the Work shall have been fully completed, (ii) Lessee shall provide Lessor with invoices for all costs relating to the Work (together with such supporting information as Lessor may reasonably request), and (iii) the building and the Premises shall not be subject to any lien arising in connection with the Work or any other work undertaken by Lessee or on its behalf and Lessor shall have received final lien release documents (in form and substance acceptable to Lessor) from all general contractors, subcontractors, materialmen and other vendors who provided materials, goods and/or services in connection with the Work. The Allowance shall not be used for any purpose other than payment of the costs associated with the Work. An unused Allowance shall revert and be paid to Lessor. Rent shall commence to accrue and be payable on the Rent Commencement Date specified in the Basic Lease Provisions notwithstanding the failure for any reason to complete the Work on or before such Rent Commencement Date. Notwithstanding the above, Lessor shall have no obligation to disburse the Allowance or any part thereof if any of the conditions set forth above is not satisfied on or before September 30, 2000. Lessor represents that the Premises on the Commencement Date are in good working order and repair, including the plumbing, electrical, HVAC and lighting. Any ceiling tiles in the Premises which are damaged on the Commencement Date shall be promptly replaced by Lessor. Except as provided in this Section 18.1, the Premises shall be delivered in "as is" condition.
Appears in 2 contracts
Samples: Adept Technology Inc, Adept Technology Inc
Tenant Improvements. 18.1 Lessor shall provide Lessee with a tenant improvement allowance (a) Following approval of $47,520 (the "Allowance") for new carpeting final Construction Plans by Landlord and paint to the Premises (collectivelyTenant, the "Work")Tenant Improvements shall be submitted for bids, according to procedures approved by the parties, by one or more qualified general contractors and by qualified subcontractors selected by Tenant and approved by Landlord. All aspects of completion Landlord’s approval of the Work general contractor to perform the Tenant Improvements (including selection of materials and contractors“Contractor”) shall be subject to Lessor's conditioned upon Landlord obtaining reasonable prior approval. The Allowance shall be payable within 15 days after satisfaction of assurances that the following conditionscontractor shall: (i) perform and complete the Work shall have been fully completed, work on time and without unreasonable interference with the operation of the Building and any other construction occurring in the Building; (ii) Lessee shall provide Lessor comply with invoices all rules and regulations relating to construction activities in the Building as may be reasonably prescribed from time to time by Landlord; (iii) maintain such insurance as set forth below or any additional insurance required by applicable law; (iv) comply with Landlord’s reasonable requirements as to the terms and conditions for all costs contractor items relating to conducting its work, use of facilities and utilities, storage of materials, and access to the Premises; (v) provide a minimum one-year warranty to Landlord and Tenant (with an assignment to Landlord and Tenant of any manufacturer or supplier warranties in excess of one year) that the work shall comply with the plans and specifications and be constructed in a good and workmanlike manner with a quality equal to or better than Building standard; (vi) perform all work in a fashion and by such means as necessary to work in harmony and not unreasonably interfere with Landlord’s contractors or other tenants and their contractors, and to avoid any labor stoppages or strikes, and to ensure good labor relationships and compliance with all applicable labor agreements (including, without limitation, using union labor and contractors to perform such work if requested by Landlord); (vii) provide for the customary retention from payments to subcontractors; (viii) provide for the furnishing of contractors’ affidavits and full and final mechanic’s lien waivers covering all labor and materials relating to the Work work; and (together ix) the Contractor, subcontractors and all materialmen, laborers and other parties furnishing any labor, materials, equipment or services with such supporting information as Lessor may reasonably requestrespect to any portion of the Tenant Improvements will look solely to Tenant for payment for the same . Such requirements of Landlord and the terms of this Exhibit shall be set forth in the bid documents. The Tenant Improvements shall be performed on the basis of a “stipulated sum” or “guaranteed maximum cost” contract signed by Tenant and approved by Landlord (“Construction Agreement”), and (iii) the building and the Premises which shall not be subject to any lien arising in connection with the Work or any other work undertaken by Lessee or on its behalf and Lessor shall have received final lien release documents (in form and substance acceptable to Lessor) from all general contractors, subcontractors, materialmen and other vendors who provided materials, goods and/or services in connection with the Work. The Allowance shall not be used for any purpose other than payment of the costs associated with the Work. An unused Allowance shall revert and be paid to Lessor. Rent shall commence to accrue and be payable on the Rent Commencement Date specified in the Basic Lease Provisions notwithstanding the failure for any reason to complete the Work on or before such Rent Commencement Date. Notwithstanding the above, Lessor shall have no obligation to disburse the Allowance or any part thereof if any of the conditions set forth above provide that Landlord is not satisfied on or before September 30, 2000. Lessor represents that the Premises on the Commencement Date are in good working order and repair, including the plumbing, electrical, HVAC and lighting. Any ceiling tiles in the Premises which are damaged on the Commencement Date shall be promptly replaced by Lessor. Except as provided in this Section 18.1, the Premises shall be delivered in "as is" conditiona third party beneficiary thereof.
Appears in 2 contracts
Samples: Lease Amending Agreement, Lease Amending Agreement (Winmark Corp)
Tenant Improvements. 18.1 Lessor shall provide Lessee with a tenant improvement allowance of $47,520 (Landlord agrees to construct within the "Allowance") for new carpeting and paint Premises ------------------- certain improvements to the Premises (collectively, "Tenant Improvements") pursuant to the "Work"). All aspects terms of Exhibit B. Subject to completion of the Work (including selection of materials Tenant Improvements, if any, --------- and contractors) shall be subject to LessorLandlord's reasonable prior approval. The Allowance shall be payable within 15 days after satisfaction of the following conditions: (i) the Work shall have been fully completed, (ii) Lessee shall provide Lessor with invoices for all costs relating to the Work (together with such supporting information as Lessor may reasonably request), and (iii) the building and the Premises shall not be subject to any lien arising in connection with the Work or any other work undertaken by Lessee or on its behalf and Lessor shall have received final lien release documents (in form and substance acceptable to Lessor) from all general contractors, subcontractors, materialmen and other vendors who provided materials, goods and/or services in connection with the Work. The Allowance shall not be used for any purpose other than payment of the costs associated with the Work. An unused Allowance shall revert and be paid to Lessor. Rent shall commence to accrue and be payable on the Rent Commencement Date specified in the Basic Lease Provisions notwithstanding the failure for any reason to complete the Work on or before such Rent Commencement Date. Notwithstanding the above, Lessor shall have no obligation to disburse the Allowance or any part thereof if any of the conditions obligations set forth above is not satisfied on or before September 30, 2000. Lessor represents that the Premises on the Commencement Date are in good working order and repair, including the plumbing, electrical, HVAC and lighting. Any ceiling tiles in the Premises which are damaged on the Commencement Date shall be promptly replaced by Lessor. Except as provided below in this Section 18.17, the Premises shall be delivered to Tenant in its then "as as-is" condition, and Landlord shall not have any obligation to make or pay for any alterations, additions, improvements or repairs to prepare the Premises for Tenant's occupancy. The foregoing is not intended to diminish Landlord's repair and maintenance obligations pursuant to other provisions of this Lease. Within fifteen (15) days after Substantial Completion of the Tenant Improvements, but prior to Tenant moving any of its furniture, fixtures or equipment into the Premises, upon either party's request Landlord and Tenant shall together conduct an inspection of the Premises and prepare a list of the Punch List Items any items of the Tenant Improvements that are not in conformity with the Tenant Improvements as required by the terms of this Lease. Landlord shall use its good faith efforts to correct all such items within a reasonable period of time following preparation of such list. In addition, within thirty (30) days following preparation of such list, upon either party's request Landlord and Tenant shall conduct a second inspection of the Premises and prepare a second list with respect to any items that were not adequately completed from the first list and any items that were not reasonably discoverable during the first inspection. Landlord shall use its good faith efforts to correct any items listed on the second list within a reasonable period of time following preparation of such list. During the term of this Lease, Landlord shall use its good faith efforts to enforce any warranty claims with respect to the construction of the Tenant Improvements.
Appears in 2 contracts
Samples: Avantgo Inc, Avantgo Inc
Tenant Improvements. 18.1 Lessor shall provide Lessee with a tenant improvement allowance of $47,520 (a) Tenant is currently preparing, at its sole cost and expense, plans and specifications for the improvements Tenant desires to make to the Expansion Premises (the "AllowancePlans"). The Plans shall be submitted to Landlord for its approval, which approval shall not be unreasonably withheld and shall be granted or rejected within ten (10) for new carpeting days after Landlord's receipt of-the Plans. The Plans shall be stamped by a Massachusetts registered architect, and paint to the Premises shall comply with all applicable laws, ordinances and regulations (collectivelyincluding, without limitation, the applicable requirements of the Americans with Disabilities Act of 1990, as amended from time to time, and the regulations promulgated thereunder) and the requirements of the Lease regarding Alterations and shall be in a form satisfactory to appropriate governmental authorities responsible for issuing permits, approvals and licenses required for construction. Landlord's approval of any of the Plans shall not impose upon Landlord any responsibility or liability whatsoever to Tenant. Promptly after approval of the Plans, Tenant shall commence and exercise all reasonable efforts to complete the work specified therein ("Tenant's Work"). All aspects of completion of the Tenant's Work (including selection of materials and contractors) shall be subject to Lessorcompleted in accordance with the approved Plans and the requirements for Alterations set forth in the Lease. Copies of all permits and approvals required for Tenant's reasonable prior approval. The Allowance Work shall be payable within 15 days after satisfaction of the following conditions: (i) the furnished to Landlord promptly upon receipt thereof Tenant's Work shall have been fully completedbe performed by a general contractor first approved by Landlord, (ii) Lessee shall provide Lessor with invoices for all costs relating to the Work (together with such supporting information as Lessor may reasonably request), and (iii) the building and the Premises which approval shall not be subject unreasonably withheld or delayed, under a written construction contract. The approval by Landlord of Tenant's general contractor shall not impose upon Landlord any responsibility or liability whatsoever to any lien Tenant as a result of, or arising in connection with out of, the Work defaults or any other work undertaken acts or omissions of the general contractor. A copy of all required bonds and certificates of insurance required by Lessee or on its behalf the Lease shall be furnished to Landlord prior to commencement of construction and Lessor shall have received final lien release documents (in form and substance acceptable to Lessor) from all general contractors, subcontractors, materialmen and other vendors who provided materials, goods and/or services in connection with the installation of Tenant's Work. The Allowance Within forty-five (45) days after completion of any Tenant's Work, Tenant shall not be used provide to Landlord "as-built" plans of the Tenant's Work. Tenant shall provide Landlord with copies of the certificate of occupancy for any purpose other than payment Tenant's Work that requires a certificate of the costs associated with the occupancy reasonably promptly after completion of such Tenant's Work. An unused Allowance shall revert and be paid to Lessor. Rent shall commence to accrue and be payable on the Rent Commencement Date specified in the Basic Lease Provisions notwithstanding the failure for any reason to complete the Work on or before such Rent Commencement Date. Notwithstanding the above, Lessor shall have no obligation to disburse the Allowance or any part thereof if any of the conditions set forth above is not satisfied on or before September 30, 2000. Lessor represents that the Premises on the Commencement Date are in good working order and repair, including the plumbing, electrical, HVAC and lighting. Any ceiling tiles in the Premises which are damaged on the Commencement Date shall be promptly replaced by Lessor. Except as provided in this Section 18.1, the Premises shall be delivered in "as is" condition.
Appears in 1 contract
Samples: Lease (TechTarget Inc)
Tenant Improvements. 18.1 Lessee covenants and agrees to complete tenant improvements, including but not limited hard wall office construction, conference room construction, laboratory construction, electrical and HVAC repairs installed by Lessee, replacement of carpet, interior upgrades and enhanced security system upgrades (collectively, the Work). Any and all such work shall be in compliance with Sections 6 and 7 of the Lease and all applicable laws, rules, regulations, codes and ordinances. Lessee shall confirm contractors have all required licenses and insurance certificates, complete all necessary plans, and obtain all applicable permits required by governmental authorities. Lessee shall provide Lessor at least fourteen (14) days' notice in writing prior to commencing any work upon the Premises. All work shall be done in a good and workmanlike manner, with good and sufficient materials. Lessee shall timely pay all claims for labor or materials furnished and obtain unconditional waivers and lien releases from each contractor and subcontractor. Lessee shall do all things reasonably necessary to prevent the filing of any mechanics' or other liens against the Premises or any part thereof by reason of work, labor, services or materials supplied or claimed to have been supplied to Lessee, or anyone holding the Premises, or any part thereof, through or under Lessee. If any such lien shall at any time be filed against the Premises, Lessee shall either cause the same to be discharged of record within twenty (20) days after the date of filing of the same or, if Lessee in Lessee's discretion and in good faith determines that such lien should be contested, shall furnish such security as may be necessary or required to: (i} prevent any foreclosure proceedings against the Premises during the pendency of such contest, and (ii) cause First American Title Company or other mutually satisfactory title company to remove such lien as a matter affecting title to the Premises on a title policy or report with respect to the Premises. If Lessee shall fail to discharge such lien within such period or fail to furnish such security, then, in addition to any other right or remedy of Lessor resulting from Lessee's said default, Lessor may, but shall not be obligated to, discharge the same either by paying the amount claimed to be due or by procuring the discharge of such lien by giving security or in such other manner as is, or may be, prescribed by law. Lessee shall repay to Lessor on demand all sums disbursed or deposited by Lessor, including Lessor's costs, expenses and actual attorneys' fees incurred by Lessor in connection therewith, with interest thereon at the maximum rate permitted by law. Lessee shall timely submit for payment all claims for labor or materials furnished and obtain unconditional waivers and liens releases from each contractor, supplier and subcontractor. Lessee shall deliver to Lessor the following for Lessor's review and approval: (i) unconditional waivers and lien releases; (ii) contracts and contractor invoices; (iii) cancelled checks (if applicable); and (iv) other documentation requested by Lessor. Lessor shall provide Lessee with a have the right to inspect any and all such work prior to paying for the Work. Following receipt and approval by Lessor of the required documentation for the Work, Lessor shall pay the contractors directly or issue joint checks; provided, however, in no event shall such payments in the aggregate exceed the tenant improvement allowance of $47,520 (525,415. Such requests for reimbursement shall be for a minimum of $50,000 and not more frequently than once per month. Lessee represents and warrants that as of the "Allowance") for new carpeting and paint date of this First Amendment, Lessee has no knowledge of any outstanding building code, life safety or ADA issues with respect to the Premises (collectivelyPremises. Lessor shall be responsible for the cost to correct any building code, life safety, and ADA issues existing as of the "Work")date of this First. Amendment if and when correction is lawfully cited and required by a governmental agency with jurisdiction over such matters. All aspects of completion of the Work (including selection of materials and contractors) shall be subject to Lessor's reasonable prior approval. The Allowance shall be payable within 15 days after satisfaction of the following conditions: (i) the Work shall have been fully completedalterations, (ii) Lessee shall provide Lessor with invoices for all costs relating improvements, remodeling, additions or fixtures, other than trade fixtures not permanently affixed to the Work (together Premises, which may be made or installed in the Premises, shall at the termination of this Lease become the property of Lessor and remain upon and be surrendered with such supporting information as the Premises, unless otherwise required by Lessor may reasonably request), and (iii) the building and in its sole discretion to be removed from the Premises shall not be subject to any lien arising in connection with upon the Work or any other work undertaken by Lessee or on its behalf and Lessor shall have received final lien release documents (in form and substance acceptable to Lessor) from all general contractors, subcontractors, materialmen and other vendors who provided materials, goods and/or services in connection with the Work. The Allowance shall not be used for any purpose other than payment of the costs associated with the Work. An unused Allowance shall revert and be paid to Lessor. Rent shall commence to accrue and be payable on the Rent Commencement Date specified in the Basic Lease Provisions notwithstanding the failure for any reason to complete the Work on or before such Rent Commencement Date. Notwithstanding the above, Lessor shall have no obligation to disburse the Allowance or any part thereof if any of the conditions set forth above is not satisfied on or before September 30, 2000. Lessor represents that the Premises on the Commencement Date are in good working order and repair, including the plumbing, electrical, HVAC and lighting. Any ceiling tiles in the Premises which are damaged on the Commencement Date shall be promptly replaced by Lessor. Except as provided in this Section 18.1, the Premises shall be delivered in "as is" conditionsurrender thereof.
Appears in 1 contract
Samples: AeroVironment Inc
Tenant Improvements. 18.1 Lessor (a) Landlord shall provide Lessee with a tenant improvement allowance of $47,520 (the "Allowance") for new carpeting perform or cause to have performed on and paint to the Premises (collectivelythe work listed and/or shown on attached EXHIBIT “F”, all at Tenant’s sole cost and expense except to the "Work"extent provided below in Paragraph 23(e). All aspects such work (“Work”) shall be performed in a first-class workmanlike manner in strict accordance with the plans and specifications referenced in EXHIBIT “F” which have been approved by both Tenant and Landlord, and in accordance with all applicable governmental laws, rules, regulations and other requirements. Landlord shall apply for and obtain all permits, licenses and certificates necessary for performance of the Work. All of the said Work shall be “Substantially Completed” (as hereinafter defined) on or before the Commencement Date. The Work shall be deemed to be “Substantially Completed” at such time as (i) Landlord shall certify in writing to Tenant that said Work has been completed in accordance with the foregoing provisions of this subparagraph (a), subject only to minor punch list items which shall be therein specifically noted and which shall be such as not to adversely affect Tenant’s use and occupancy of the Premises for Tenant’s Intended Use for a short duration of time, and (ii) a certificate of occupancy or “finaled” building permit is issued by the appropriate governmental authority with respect to the Premises and the Work. Following substantial completion of the Work (including selection Work, Landlord shall obtain a certificate of materials and contractors) shall be subject to Lessor's reasonable prior approval. The Allowance shall be payable within 15 days after satisfaction of occupancy for the following conditions: (i) the Work shall have been fully completedPremises; provided, (ii) Lessee shall provide Lessor with invoices for all costs relating to the Work (together with such supporting information as Lessor may reasonably request)however, and (iii) the building and the Premises Landlord shall not be subject in default of this Section to any lien arising in connection with the extent that Landlord is precluded or prevented from obtaining a certificate of occupancy for the Work or any other work undertaken by Lessee or on its behalf and Lessor shall have received final lien release documents (in form and substance acceptable to Lessor) from all general contractors, subcontractors, materialmen and other vendors who provided materials, goods and/or services in connection with the Work. The Allowance shall not be used for any purpose other than payment of the costs associated with the Work. An unused Allowance shall revert and be paid to Lessor. Rent shall commence to accrue and be payable on the Rent Commencement Date specified in the Basic Lease Provisions notwithstanding the failure for any reason to complete the Work on or before such Rent Commencement Date. Notwithstanding the above, Lessor shall have no obligation to disburse the Allowance or any part thereof if any of the conditions set forth above is not satisfied on or before September 30, 2000. Lessor represents that the Premises on the Commencement Date are in good working order and repair, including the plumbing, electrical, HVAC and lighting. Any ceiling tiles in the Premises which are damaged on the Commencement Date shall be promptly replaced as a result of any actions or omissions by Lessor. Except as provided in this Section 18.1, the Premises shall be delivered in "as is" conditionTenant.
Appears in 1 contract
Samples: Lease (Eschelon Telecom Inc)
Tenant Improvements. 18.1 Lessor Whether or not required in this Lease, any improvements constructed by Tenant shall provide Lessee be constructed by using licensed, bonded and insured contractors approved by Landlord in compliance with a tenant improvement allowance all applicable federal, state, and municipal laws and rules and regulations of $47,520 (the "Allowance") for new carpeting departments and paint bureaus having jurisdiction thereof. Tenant shall pay all applicable costs, fees, and charges levied by any governmental agency or otherwise, attendant to the Premises (collectivelyconstruction and operation of said improvements, the "Work"). All aspects of completion of the Work (including selection of materials but not limited to municipal or other fees, permit costs, and contractors) shall be subject to Lessor's reasonable prior approval. The Allowance shall be payable within 15 days after satisfaction of the following conditions: (i) the Work shall have been fully completed, (ii) Lessee shall provide Lessor with invoices for all costs other charges relating to the Work (together with such supporting information as Lessor may reasonably request), construction and (iii) operation of the building Premises. Tenant is to perform all work and supply all materials at Tenant's sole cost and expense to make the subject Premises suitable for Tenant's specific use. Tenant shall obtain the written approval of Landlord prior to the commencement of any improvements. Landlord must approve both the improvements and the Premises contractors to perform the work, which approval shall not be subject to unreasonably withheld. No representations, inducements, understanding or anything of any lien arising in connection with the Work nature whatsoever made, stated or any other work undertaken represented by Lessee Landlord or anyone acting for or on its behalf Landlords behalf, either orally or in writing, have induced Tenant to enter into this Lease, and Lessor shall have received final lien release documents (Tenant acknowledges, represents and warrants that Tenant has entered into this Lease under and by virtue of Tenant's own independent investigation. Tenant hereby accepts the Premises in form an "as is" and substance acceptable "where is" condition without warranty of any kind, express or implied, including, without limitation, any warranty as to Lessor) from title, physical condition or the presence or absence of Hazardous Materials, and if the Premises are not in all general contractors, subcontractors, materialmen and other vendors who provided materials, goods and/or services in connection with respects entirely suitable for the Work. The Allowance shall not be used for any purpose other than payment of use or uses to which the costs associated with the Work. An unused Allowance shall revert and be paid to Lessor. Rent shall commence to accrue and be payable on the Rent Commencement Date specified in the Basic Lease Provisions notwithstanding the failure for any reason to complete the Work on or before such Rent Commencement Date. Notwithstanding the above, Lessor shall have no obligation to disburse the Allowance Premises or any part thereof if any will be put, then it is the sole responsibility and obligation of Tenant (subject only to the conditions obligations of Landlord set forth above is not satisfied on or before September 30in Exhibit "B", 2000. Lessor represents that if any) to take such action as may be necessary to place the Premises on the Commencement Date are in good working order and repair, including the plumbing, electrical, HVAC and lighting. Any ceiling tiles in the Premises which are damaged on the Commencement Date shall be promptly replaced by Lessor. Except as provided in this Section 18.1, the Premises shall be delivered in "as is" conditiona condition entirely suitable for such use or uses.
Appears in 1 contract
Samples: Commercial Lease
Tenant Improvements. 18.1 Lessor shall provide Lessee with a tenant improvement allowance Provided that Subtenant obtains the prior written consent of $47,520 both Xxxxxx and Sobrato, Subtenant may construct certain improvements ("Tenant Improvements") to the Subleased Premises which are described on that certain architectural drawing dated March 10, 1997, prepared by Xxxxxx & Xxx Architectural and described as Sheet A-2 (the "Allowance") for new carpeting and paint to the Premises (collectively, the "WorkDrawing"). All aspects The final plans and specifications for the Tenant Improvements are subject to the prior approval of completion Sublandlord, which approval will not be unreasonably withheld or delayed provided that such final plans and drawings are consistent with and conform to the Drawing and represent the logical and reasonable evolution and development of the Work (including selection of Drawing. The Tenant Improvements shall be constructed at Subtenant's sole cost and expense, in accordance with approved final plans and drawings, and in a good, safe and workmanlike manner using new materials and contractors) equipment of good quality, and in compliance with all applicable laws, rules, regulations and the provisions of the Master Leases. Subtenant shall be subject coordinate in advance all of its construction activities with Sublandlord and shall not allow any of such activities unreasonably to Lessordisturb or interfere with Sublandlord's use of and operations in the Premises. Upon final payment by Subtenant for any work performed, materials furnished or obligations incurred by Subtenant in regard to the Tenant Improvements (and any subsequent alterations, additions or improvements made to the Subleased Premises by Subtenant), Subtenant shall utilize reasonable prior approvaland good faith efforts to obtain from each contractor and supplier an Unconditional Waiver and Release Upon Final Payment (California Civil Code Section 3262(d)(4)). The Allowance shall be payable within 15 days after satisfaction of the following conditions: (i) the Work shall have been fully completed, (ii) Lessee shall provide Lessor with invoices for all costs relating foregoing approval by Sublandlord does not constitute consent to any additional alterations or improvements to the Work (together with such supporting information as Lessor may reasonably request)Subleased Premises by Subtenant, and (iii) Sublandlord reserves the building and right to approve or disapprove of any such additional alterations or improvements to the Subleased Premises shall not be subject to any lien arising in connection with the Work or any other work undertaken by Lessee or on its behalf and Lessor shall have received final lien release documents (in form and substance acceptable to Lessor) from all general contractors, subcontractors, materialmen and other vendors who provided materials, goods and/or services in connection with the Work. The Allowance shall not be used for any purpose other than payment of the costs associated with the Work. An unused Allowance shall revert and be paid to Lessor. Rent shall commence to accrue and be payable on the Rent Commencement Date specified in the Basic Lease Provisions notwithstanding the failure for any reason to complete the Work on or before such Rent Commencement Date. Notwithstanding the above, Lessor shall have no obligation to disburse the Allowance or any part thereof if any of the conditions set forth above is not satisfied on or before September 30, 2000. Lessor represents that the Premises on the Commencement Date are in good working order and repair, including the plumbing, electrical, HVAC and lighting. Any ceiling tiles in the Premises which are damaged on the Commencement Date shall be promptly replaced by Lessor. Except Subtenant as provided in this Section 18.1, the Premises shall be delivered in "as is" conditionherein.
Appears in 1 contract
Samples: Sub Sublease (Zoran Corp \De\)
Tenant Improvements. 18.1 Lessor Tenant hereby accepts the Premises as suitable for ------------------- Tenant's intended use and as being in good operating order, condition and repair, "AS IS", except as specified in Exhibit B attached hereto. Landlord or --------- Tenant, as the case may be, shall provide Lessee install and construct the Tenant Improvements (as such term is defined in Exhibit B hereto) in accordance with a tenant improvement allowance the terms, --------- conditions, criteria and provisions set forth in Exhibit B. Landlord and Tenant --------- hereby agree to and shall be bound by the terms, conditions and provisions of $47,520 (the "Allowance") for new carpeting Exhibit B. Tenant acknowledges and paint agrees that neither Landlord nor any of --------- Landlord's agents, representatives or employees has made any representations as to the Premises (collectivelysuitability, the "Work"). All aspects of completion fitness or condition of the Work (Premises for the conduct of Tenant's business or for any other purpose, including selection of materials and contractors) shall be subject to Lessor's reasonable prior approvalwithout limitation, any storage incidental thereto. The Allowance shall be payable within 15 days after satisfaction of the following conditions: (i) the Work shall have been fully completed, (ii) Lessee shall provide Lessor with invoices for all costs relating Any exception to the Work (together with such supporting information as Lessor may reasonably request), and (iii) the building and the Premises shall not foregoing provisions must be subject to any lien arising in connection with the Work or any other work undertaken made by Lessee or on its behalf and Lessor shall have received final lien release documents (in form and substance acceptable to Lessor) from all general contractors, subcontractors, materialmen and other vendors who provided materials, goods and/or services in connection with the Work. The Allowance shall not be used for any purpose other than payment of the costs associated with the Work. An unused Allowance shall revert and be paid to Lessor. Rent shall commence to accrue and be payable on the Rent Commencement Date specified in the Basic Lease Provisions notwithstanding the failure for any reason to complete the Work on or before such Rent Commencement Dateexpress written agreement by both parties. Notwithstanding anything to the abovecontrary contained in this Lease, Lessor shall have no obligation to disburse the Allowance or any part thereof if any of the conditions set forth above is not satisfied on or before September 30, 2000. Lessor represents that the Premises on the Commencement Date are the roof and the heating, ventilating and air conditioning ("HVAC") system, and the electrical, plumbing, sewer, life safety and, if applicable, security systems (collectively, "Building Systems") serving the Premises shall be in good working order and repair. If, including during the plumbingfirst thirty (30) days of the Term, electrical, HVAC and lighting. Any ceiling tiles the roof or any Building System is not in the Premises which are damaged on condition required by the Commencement Date foregoing sentence, Tenant shall notify Landlord of the need for repair, and the repair shall be promptly replaced by Lessor. Except as provided in this Section 18.1, the Premises shall be delivered in "as is" conditioncompleted at no cost to Tenant.
Appears in 1 contract
Tenant Improvements. 18.1 Lessor shall provide Lessee with a tenant improvement allowance (a) Any structural alterations, additions, or improvements made by or on behalf of $47,520 (the "Allowance") for new carpeting and paint Tenant to the Premises (collectively, the "WorkTenant Improvements"). All aspects of completion of the Work (including selection of materials and contractors) shall be subject to LessorLandlord's reasonable prior approval. The Allowance shall be payable within 15 days after satisfaction of the following conditions: (i) the Work shall have been fully completedwritten consent, (ii) Lessee shall provide Lessor with invoices for all costs relating to the Work (together with such supporting information as Lessor may reasonably request), and (iii) the building and the Premises which consent shall not be subject unreasonably withheld, conditioned or delayed. All Tenant Improvements shall comply with insurance requirements and with applicable law, ordinances, and regulations, including, without limitation and to the extent applicable, laws and regulations regarding removal or alteration of structural or architectural barriers to handicapped or disabled persons (and Tenant shall construct at its expense any lien arising alteration required by such laws or regulations, as they may be amended). All Tenant Improvements shall be constructed in a good and workmanlike manner and only good grades of materials shall be used. All plans and specifications for any Tenant Improvements shall be submitted to Landlord for its reasonable approval, and Tenant shall reimburse Landlord for its reasonable costs in reviewing plans and documents. Landlord may post on and about the Premises notices and give notices that Landlord shall not be liable on account of any damage or claim in connection with such construction, and Tenant shall provide Landlord with the Work identities and mailing addresses of all persons performing work or any other work undertaken by Lessee or on supplying materials, prior to beginning such construction. Landlord's right to review plans and specifications shall be solely for its behalf own benefit, and Lessor Landlord shall have received no duty to see that such plans and specifications or construction comply with applicable laws, codes, rules, or regulations. Upon completion of any Tenant Improvements, Tenant shall deliver to Landlord sworn statements setting forth the names of all contractors and subcontractors who did work on the Tenant Improvements and final lien release documents (in form and substance acceptable to Lessor) waivers from all general contractors, such contractors and subcontractors, materialmen and other vendors who provided materials, goods and/or services in connection with the Work. The Allowance Tenant shall not be used for required to remove any purpose other than payment Tenant Improvement at the expiration or earlier termination of the costs associated with the Work. An unused Allowance shall revert and be paid to Lessor. Rent shall commence to accrue and be payable on the Rent Commencement Date specified in the Basic Lease Provisions notwithstanding the failure for any reason to complete the Work on or before such Rent Commencement Date. Notwithstanding the above, Lessor shall have no obligation to disburse the Allowance or any part thereof if any of the conditions set forth above is not satisfied on or before September 30, 2000. Lessor represents that the Premises on the Commencement Date are in good working order and repair, including the plumbing, electrical, HVAC and lighting. Any ceiling tiles in the Premises which are damaged on the Commencement Date shall be promptly replaced by Lessor. Except as provided in this Section 18.1, the Premises shall be delivered in "as is" conditionLease.
Appears in 1 contract
Samples: Lease Agreement (Electro Energy Inc)
Tenant Improvements. 18.1 Lessor Tenant shall provide Lessee with a tenant improvement allowance of $47,520 (not have the "Allowance") for new carpeting and paint right or allow others to make additions, alterations, or improvements to the Premises without the prior written consent of Landlord, which consent Landlord shall not unreasonably delay, condition, or deny. In addition to securing Landlord’s prior written consent, Tenant shall also be responsible for securing any necessary permits from the relevant government entities in order to make improvements. Nothing set forth in this Lease is intended or shall be interpreted to limit or restrict Landlord’s exercise of its police powers, including with respect to the consideration and approval of required applications for development and building entitlements. Any and all additions, alterations, and improvements by Tenant shall be made at Tenant’s expense in accordance with the following: (collectivelyi) such work, the "Work"). All aspects including, without limitation, Tenant’s final working drawings, plans, specifications, and choice of completion of the Work (including selection of materials contractors, subcontractors, and contractors) suppliers shall be subject to Lessor's reasonable prior approval. The Allowance the continuing approval of Landlord, which information shall be payable within 15 days after satisfaction of furnished to Landlord for Landlord’s review and approval before the following conditions: (i) work is commenced, and any work not acceptable to the Work appropriate governmental entity or not reasonably satisfactory to Landlord shall have been fully completed, be promptly replaced at Tenant’s expense; (ii) Lessee notwithstanding any failure by Landlord to object to any such work, Landlord shall provide Lessor with invoices for all costs relating to the Work (together with such supporting information as Lessor may reasonably request), and not be responsible therefor; (iii) such work shall not adversely affect the building outside appearance and strength of the Premises or the mechanical, electrical, and plumbing services and equipment thereof; (iv) such work shall not alter, add to, or otherwise change the exterior of the Premises, without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion; (v) such work shall not cause or create a dangerous or hazardous condition and shall not interfere with or disturb peace of the general public; (vi) Tenant shall cause all such work to be performed in such a manner as not to obstruct the access to the Premises; (vii) such work shall be done in a good and workmanlike manner and in compliance with all applicable legal requirements and shall be diligently prosecuted to completion; (viii) Tenant’s contractor or each of its subcontractors shall be bonded with sureties satisfactory to Landlord in an amount sufficient to ensure full performance of the work to be done by Tenant and to ensure full payment to materialmen; (ix) Tenant and its contractor and subcontractors shall carry such worker’s compensation general liability and personal and property damage insurance as Landlord may reasonably require; (x) such insurance shall be adequate to protect Landlord and shall name Landlord as an additional insured; (xi) Tenant shall defend, indemnify, and hold harmless Landlord and its elected and appointed officials, officers, directors, employees, and agents (all of the foregoing being hereinafter collectively referred to as the “Indemnitees”) from and against any and all claims, actions, damages, liabilities, and expenses (including, without limitation, reasonable attorneys’ fees) directly or indirectly arising out of or incurred in connection with, and any and all claims, demands, suits, actions for or in relation to, wages or cost of materials or equipment used in connection with, additions, alterations and improvements made or caused to be made by Tenant; and (xii) Landlord shall have the right at all reasonable times to post and keep posted on the Premises any notice that may be provided by law which Landlord may deem necessary or advisable for the protection of Landlord and the Premises shall not be subject from mechanics’ lien or stop notice claims. The restrictions contained in this Section 9.02 with respect to any lien arising in connection with the Work or any other work undertaken by Lessee or on its behalf and Lessor shall have received final lien release documents (in form and substance acceptable to Lessor) from all general Tenant’s contractors, subcontractors, materialmen and other vendors who provided materialssuppliers shall apply regardless whether such persons or entities are employees or agents of, goods and/or services in connection or otherwise affiliated with the Work. The Allowance shall not be used for any purpose other than payment of the costs associated with the Work. An unused Allowance shall revert and be paid to Lessor. Rent shall commence to accrue and be payable on the Rent Commencement Date specified in the Basic Lease Provisions notwithstanding the failure for any reason to complete the Work on or before such Rent Commencement Date. Notwithstanding the above, Lessor shall have no obligation to disburse the Allowance or any part thereof if any of the conditions set forth above is not satisfied on or before September 30, 2000. Lessor represents that the Premises on the Commencement Date are in good working order and repair, including the plumbing, electrical, HVAC and lighting. Any ceiling tiles in the Premises which are damaged on the Commencement Date shall be promptly replaced by Lessor. Except as provided in this Section 18.1, the Premises shall be delivered in "as is" conditionTenant.
Appears in 1 contract
Samples: Lease Agreement