Common use of Tenant Work Generally Clause in Contracts

Tenant Work Generally. Landlord and Tenant acknowledge and agree that notwithstanding any provisions of the Existing Lease to the contrary: (a) Tenant may desire to do certain alterations, additions or improvements in connection with this extension of the Term, and for purposes of this Amendment any such work is referred to as “Tenant Work”; (b) all Tenant Work, if any, shall be done subject to and in compliance with this Amendment, and except to the extent modified by or inconsistent with the express provisions of this Amendment, pursuant to the provisions of Article Nine of the Existing Lease applicable to such Tenant Alterations; (c) without limiting the generality of any provisions of Article Nine, Tenant’s selection of Tenant’s space planner and/or architect (“Tenant's Architect”) and Tenant’s selection of a general contractor shall be subject to Landlord’s prior written approval, which approval shall not be unreasonably withheld, conditioned or delayed; (d) all plans and specifications prepared by Tenant’s space planner or architect shall be subject to review by Landlord’s architect and to Landlord’s prior written approval, which shall not be unreasonably withheld, conditioned or delayed beyond ten (10) business days with respect to any initial submissions, change orders, and any revisions thereto; (e) Tenant shall retain one or more engineers reasonably satisfactory to Landlord and licensed by the State of California to prepare structural, mechanical, and electrical working drawings and specifications for all Premises improvements, not included in, or requiring any changes to the HVAC, fire and/or life safety, mechanical and electrical work; (f) if the Tenant Work does not exceed the amount of the Allowance (as defined below), Tenant shall not be required to obtain a completion and lien indemnity bond for the Tenant Work; (g) such work, including all design, plan review, obtaining all approvals and permits, and construction shall be at Tenant's sole cost and expense (subject to reimbursement to the extent of the Allowance), including delivery to Landlord of plans and specifications of such Tenant Work (including an as-built mylar and digitized (to the extent available) set of as-built plans and specifications upon completion) to the extent such work is more than recarpeting and/or repainting, and (h) Tenant shall pay Landlord a fee (“Construction Monitoring Fee”) for monitoring such design, construction and work by Tenant equal to two percent (2%) of the Allowance, which fee shall be paid by Landlord applying two percent (2%) of the Allowance in payment thereof.

Appears in 2 contracts

Samples: Lease (Genomic Health Inc), Lease (Genomic Health Inc)

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Tenant Work Generally. Landlord and Tenant acknowledge and agree that notwithstanding any provisions of the Existing Lease to the contrary: (a) Tenant may desire to do certain alterations, additions or improvements in connection with this extension of the Term, and for purposes of this Amendment any such work is referred to as “Tenant Work”; (b) all Tenant Work, if any, shall be done subject to and in compliance with this Amendment, and except to the extent modified by or inconsistent with the express provisions of this Amendment, pursuant to the provisions of Article Nine 9 of the Existing Original Lease applicable to such Tenant Alterations; (c) without limiting the generality of any provisions of Article Nine, Tenant’s selection of Tenant’s space planner and/or architect ("Tenant's Architect") and Tenant’s selection of a general contractor shall be subject to Landlord’s prior written approval, which approval shall not be unreasonably withheld, conditioned withheld or delayed; (d) all plans and specifications prepared by Tenant’s space planner or architect shall be subject to review by Landlord’s architect and to Landlord’s prior written approval, which shall not be unreasonably withheld, conditioned withheld or delayed beyond ten (10) business days with respect to any initial submissions, change orders, and any revisions thereto; (e) Tenant shall retain one or more engineers reasonably satisfactory to Landlord and licensed by the State of California to prepare structural, mechanical, and electrical working drawings and specifications for all Premises improvements, not included in, or requiring any changes to the HVAC, fire and/or life safety, mechanical and electrical work; (f) if the Tenant Work does not exceed the amount of the Allowance (as defined below), Tenant shall not be required to obtain a completion and lien indemnity bond for the Tenant Work; (g) such work, including all design, plan review, obtaining all approvals and permits, and construction shall be at Tenant's sole cost and expense (subject to reimbursement to the extent of the Allowance), including delivery to Landlord of plans and specifications of such Tenant Work (including an as-built mylar and digitized (to the extent available) set of as-built plans and specifications upon completion) to the extent such work is more than recarpeting and/or repainting, and (h) Tenant shall pay Landlord a fee (“Construction Monitoring Fee”) for monitoring such design, construction and work by Tenant equal to two percent (2%) of the Allowance, which fee shall be paid by Landlord applying two percent (2%) of the Allowance in payment thereof.

Appears in 2 contracts

Samples: To Lease (Genomic Health Inc), To Lease (Genomic Health Inc)

Tenant Work Generally. Landlord and Tenant acknowledge and agree that notwithstanding any provisions of the Existing Lease to the contrary: (a) Tenant may desire to do certain alterations, additions or improvements in connection with this extension of the Term, and for purposes of this Amendment any such work is referred to as “Tenant Work”; (b) all Tenant Work, if any, shall be done subject to and in compliance with this Amendment, and except to the extent modified by or inconsistent with the express provisions of this Amendment, pursuant to the provisions of Article Nine of the Existing Original Lease applicable to such Tenant Alterations; (c) without limiting the generality of any provisions of Article Nine, Tenant’s selection of Tenant’s space planner and/or architect (“Tenant's Architect”) and Tenant’s selection of a general contractor shall be subject to Landlord’s prior written approval, which approval shall not be unreasonably withheld, conditioned or delayed; (d) all plans and specifications prepared by Tenant’s space planner or architect shall be subject to review by Landlord’s architect and to Landlord’s prior written approval, which shall not be unreasonably withheld, conditioned or delayed beyond ten (10) business days with respect to any initial submissions, change orders, and any revisions thereto; (e) Tenant shall retain one or more engineers reasonably satisfactory to Landlord and licensed by the State of California to prepare structural, mechanical, and electrical working drawings and specifications for all Premises improvements, not included in, or requiring any changes to the HVAC, fire and/or life safety, mechanical and electrical work; (f) if the Tenant Work does not exceed the amount of the Allowance (as defined below), Tenant shall not be required to obtain a completion and lien indemnity bond for the Tenant Work; (g) such work, including all design, plan review, obtaining all approvals and permits, and construction shall be at Tenant's sole cost and expense (subject to reimbursement to the extent of the Allowance), including delivery to Landlord of plans and specifications of such Tenant Work (including an as-built mylar and digitized (to the extent available) set of as-built plans and specifications upon completion) to the extent such work is more than recarpeting and/or repainting, and (h) Tenant shall pay Landlord a fee (“Construction Monitoring Fee”) for monitoring such design, construction and work by Tenant equal to two percent (2%) of the Allowance, which fee shall be paid by Landlord applying two percent (2%) of the Allowance in payment thereof.

Appears in 2 contracts

Samples: Lease (Genomic Health Inc), Fourth (Genomic Health Inc)

Tenant Work Generally. Landlord and Tenant acknowledge and agree that notwithstanding any provisions of the Existing Lease to the contrary: (a) Tenant may desire to do certain alterations, additions or improvements in connection with this extension of the Term, and for purposes of this Amendment any such work is referred to as "Tenant Work"; (b) all Tenant Work, if any, shall be done subject to and in compliance with this Amendment, and except to the extent modified by or inconsistent with the express provisions of this Amendment, pursuant to the provisions of Article Nine of the Existing Lease applicable to such Tenant Alterations; (c) without limiting the generality of any provisions of Article Nine, Tenant’s 's selection of Tenant’s 's space planner and/or architect ("Tenant's Architect") and Tenant’s 's selection of a general contractor shall be subject to Landlord’s 's prior written approval, which approval shall not be unreasonably withheld, conditioned or delayed; (d) all plans and specifications prepared by Tenant’s 's space planner or architect shall be subject to review by Landlord’s 's architect and to Landlord’s 's prior written approval, which shall not be unreasonably withheld, conditioned or delayed beyond ten (10) business days with respect to any initial submissions, change orders, and any revisions thereto; (e) Tenant shall retain one or more engineers reasonably satisfactory to Landlord and licensed by the State of California to prepare structural, mechanical, and electrical working drawings and specifications for all Premises improvements, not included in, or requiring any changes to the HVAC, fire and/or life safety, mechanical and electrical work; (f) if the Tenant Work does not exceed the amount of the Allowance (as defined below), Tenant shall not be required to obtain a completion and lien indemnity bond for the Tenant Work; (g) such work, including all design, plan review, obtaining all approvals and permits, and construction shall be at Tenant's sole cost and expense (subject to reimbursement to the extent of the Allowance), including delivery to Landlord of plans and specifications of such Tenant Work (including an as-built mylar and digitized (to the extent available) set of as-built plans and specifications upon completion) to the extent such work is more than recarpeting and/or repainting, and (h) Tenant shall pay Landlord a fee ("Construction Monitoring Fee") for monitoring such design, construction and work by Tenant equal to two percent (2%) of the Allowance, which fee shall be paid by Landlord applying two percent (2%) of the Allowance in payment thereof.

Appears in 1 contract

Samples: Lease (Exact Sciences Corp)

Tenant Work Generally. Landlord and Tenant acknowledge and agree that --------------------- notwithstanding any provisions of the Existing Lease to the contrary: (a) Tenant may desire to do certain alterationsshall be responsible for all design, additions demolition, repair, remodeling, improvement or improvements alteration in connection with this extension of the Termits initial occupancy, and which for purposes of this Amendment any such work Lease is referred to as the Tenant Work; (b) all Tenant Work, if any, shall be done as Tenant Alterations within the meaning of Article Nine of the Lease, subject to and in compliance with this Amendment, all conditions and except to the extent modified by or inconsistent with the express provisions of this Amendment, pursuant to the provisions of Article Nine of the Existing Lease applicable to such Tenant Alterations, except as otherwise expressly provided in this Rider; (c) without limiting the generality of any provisions of Article Nine, Tenant’s 's selection of Tenant’s 's space planner and/or architect (“and Tenant's Architect”) and Tenant’s selection of a general contractor contractor(s) shall be subject to Landlord’s prior written approval, which approval shall not be unreasonably withheld, conditioned or delayed; (d) all plans and specifications prepared by Tenant’s space planner or architect shall be subject to review by Landlord’s architect and to Landlord’s 's prior written approval, which shall not unreasonably be unreasonably withheld, conditioned except that Landlord may in its sole discretion specify or delayed beyond approve the engineers and contractors to perform work relating to the Building's systems; (d) the plans and specifications for all Tenant Work shall be subject to Landlord's review and prior written approval, which shall not unreasonably be withheld, and in the event of disapproval, Landlord shall specify the reasonable grounds therefor; and Landlord will give Tenant notice of such approval or disapproval no later than ten (10) business days with respect to any after receipt of Tenant's initial submissions, major revisions and major change orders, and any no later than five (5) business days with respect to required revisions theretoand change orders; (e) Tenant shall retain one or more engineers reasonably satisfactory to Landlord and licensed by the State of California to prepare structural, mechanical, and electrical working drawings and specifications for all Premises improvements, not included in, or requiring any changes to the HVAC, fire and/or life safety, mechanical and electrical work; (f) if the Tenant Work does not exceed the amount of the Allowance (as defined below), Tenant shall not be required to obtain provide a letter of credit or a completion and lien indemnity bond for the Tenant Work; (gf) such work, work (including all design, plan review, obtaining all approvals and permits, and construction construction) shall be at Tenant's sole cost and expense (subject to reimbursement to the extent of the AllowanceLandlord's Maximum Contribution), including delivery to Landlord of plans and specifications of such Tenant Work (including an including, upon completion, as-built mylar and digitized digitzied (to the extent if available) set sets of as-built plans and specifications upon completionspecifications) to the extent such work is more than recarpeting and/or repainting, and (hg) Tenant shall pay Landlord a fee ("Construction Monitoring Fee") for monitoring such design, construction and work by Tenant equal to two Tenant, which shall not exceed one and one-half percent (21.5%) of the Allowance, which fee shall be paid by Landlord applying two percent (2%) all "hard costs" of the Allowance Tenant Work. The design and performance of Tenant Work may (at Tenant's election) be done separately for each of the Saginaw Space and the Penobscot Space, and in payment thereofsuch event this Section 3 applies to and governs each separate part of such Tenant Work, and shall apply separately to each of the Saginaw Space and Penobscot Space in the same way as if each were a separate job or separate Tenant Work.

Appears in 1 contract

Samples: Attornment Agreement (Phone Com Inc)

Tenant Work Generally. Landlord and Tenant acknowledge and agree that notwithstanding any provisions of the Existing Lease to the contrary: (a) Tenant may desire to do certain alterations, additions or improvements in connection with this extension of the Term, and for purposes of this Amendment any such work is referred to as "Tenant Work"; (b) all Tenant Work, if any, shall be done subject to and in compliance with this Amendment, and except to the extent modified by or inconsistent with the express provisions of this Amendment, pursuant to the provisions of Article Nine 9 of the Existing Original Lease applicable to such Tenant Alterations; (c) without limiting the generality of any provisions of Article Nine, Tenant’s 's selection of Tenant’s 's space planner and/or architect (“Tenant's ’s Architect”) and Tenant’s 's selection of a general contractor shall be subject to Landlord’s 's prior written approval, which approval shall not be unreasonably withheld, conditioned withheld or delayed; (d) all plans and specifications prepared by Tenant’s 's space planner or architect shall be subject to review by Landlord’s 's architect and to Landlord’s 's prior written approval, which shall not be unreasonably withheld, conditioned withheld or delayed beyond ten (10) business days with respect to any initial submissions, change orders, and any revisions thereto; (e) Tenant shall retain one or more engineers reasonably satisfactory to Landlord and licensed by the State of California to prepare structural, mechanical, and electrical working drawings and specifications for all Premises improvements, not included in, or requiring any changes to the HVAC, fire and/or life safety, mechanical and electrical work; (f) if the Tenant Work does not exceed the amount of the Allowance (as defined below), Tenant shall not be required to obtain a completion and lien indemnity bond for the Tenant Work; (g) such work, including all design, plan review, obtaining all approvals and permits, and construction shall be at Tenant's sole cost and expense (subject to reimbursement to the extent of the Allowance), including delivery to Landlord of plans and specifications of such Tenant Work (including an as-built mylar and digitized (to the extent available) set of as-built plans and specifications upon completion) to the extent such work is more than recarpeting and/or repainting, and (h) Tenant shall pay Landlord a fee (“Construction Monitoring Fee”) for monitoring such design, construction and work by Tenant equal to two percent (2%) of the Allowance, which fee shall be paid by Landlord applying two percent (2%) of the Allowance in payment thereof.

Appears in 1 contract

Samples: Lease (Exact Sciences Corp)

Tenant Work Generally. Landlord and Tenant acknowledge and agree that notwithstanding any provisions of the Existing Lease to the contrary: (a) Tenant may desire desires to do certain alterationsremodeling, additions repair, improvement or improvements alteration in connection with this extension of the Termits initial occupancy, and which for purposes of this Amendment any such work Lease is referred to as the Tenant Work; (b) all Tenant Work, if any, shall be done as Tenant Alterations within the meaning of Article Nine of the Lease, subject to and in compliance with this Amendment, all conditions and except to the extent modified by or inconsistent with the express provisions of this Amendment, pursuant to the provisions of Article Nine of the Existing Lease applicable to such Tenant Alterations, except as otherwise expressly provided in this Rider; (c) without limiting the generality of any provisions of Article Nine, Tenant’s selection of Tenant’s space planner and/or architect (“Tenant's Architect”) and Tenant’s selection of a general contractor contractor(s) shall be subject to Landlord’s prior written approval, which approval shall not unreasonably be unreasonably withheld, conditioned or delayed; (d) all plans and specifications prepared by Tenant’s space planner or architect shall be subject to review by Landlord’s architect and to Landlord’s prior written approval, which shall not be unreasonably withheld, conditioned or delayed beyond ten (10) business days with respect to any initial submissions, change orders, and any revisions thereto; (e) Tenant shall retain one or more engineers reasonably satisfactory to Landlord and licensed by the State of California to prepare structural, mechanical, and electrical working drawings and specifications for all Premises improvements, not included in, or requiring any changes to the HVAC, fire and/or life safety, mechanical and electrical work; (f) if the Tenant Work does not exceed the amount of the Allowance (as defined below)Landlord’s Maximum Contribution, Tenant shall not be required to obtain a completion and lien indemnity bond for the Tenant Workit; (ge) such work, including all design, plan review, obtaining all approvals and permits, and construction shall be at Tenant's ’s sole cost and expense (subject to reimbursement to the extent of the Allowance)expense, including delivery to Landlord of plans and specifications of such Tenant Work (including an as-built mylar and digitized (to the extent available) set 3 sets of as-built plans and specifications upon completion) to the extent such work is more than recarpeting and/or repainting, and (hf) Tenant shall pay Landlord a fee (“Construction Monitoring Fee”) for monitoring such design, construction and work by Tenant equal to which shall not exceed two percent (2%) of all “hard costs” of the Allowance, which fee shall be paid by Landlord applying two percent (2%) of the Allowance in payment thereofTenant Work.

Appears in 1 contract

Samples: Lease (Maxygen Inc)

Tenant Work Generally. Landlord and Tenant acknowledge and agree that notwithstanding any provisions of the Existing Lease to the contrary: (a) Tenant may desire to do certain alterations, additions or improvements in connection with this extension of the TermAmendment, and for purposes of this Amendment any such work is may be referred to as “Tenant Work”; (b) all Tenant Work, if any, shall be done subject to and in compliance with this Amendment, all conditions and except to the extent modified by or inconsistent with the express provisions of this Amendment, pursuant to the provisions of Article Nine Amendment and of the Existing Lease applicable with respect to such Tenant alterations, improvements or additions in, on, abutting or to the Premises or any part thereof (herein referred to as “Alterations”); (c) without limiting the generality of any provisions of Article Nine, Tenant’s selection of Tenant’s space planner and/or architect (“Tenant's Architect”) and Tenant’s selection of a general contractor Tenant shall be subject required to Landlord’s prior written approval, use engineers and contractors approved by Landlord (which approval shall not be unreasonably withheld, conditioned or delayed; (d) all plans and specifications prepared by Tenant’s space planner or architect shall be subject to review by Landlord’s architect and to Landlord’s prior written approval, which shall not be unreasonably withheld, conditioned or delayed beyond ten (10) business days with respect to complete any initial submissions, change orders, and any revisions thereto; (e) Tenant shall retain one or more engineers reasonably satisfactory to Landlord and licensed by the State of California to prepare structural, mechanical, and electrical working drawings and specifications for all Premises improvements, not included in, or requiring any changes to the required HVAC, fire and/or life safety, mechanical and electrical work; (f) if the Tenant Work does not exceed the amount of the Allowance (as defined below), Tenant shall not be required to obtain a completion and lien indemnity bond for the Tenant Work; (g) such work, including all design, plan review, obtaining all approvals and permits, and construction shall be at Tenant's sole cost and expense (subject to reimbursement to the extent of the Allowance), including delivery to Landlord of plans and specifications of such Tenant Work (including an as-built mylar and digitized (to the extent available) set of as-built plans and specifications upon completion) to the extent such work is more than recarpeting and/or repainting, and (hd) Tenant shall pay Landlord a fee (“Construction Monitoring Fee”) for monitoring such design, construction and work by Tenant equal in an amount up to two percent (2%) of the Allowance, which fee shall be paid by Landlord applying two percent (2%) part of the Allowance to such payment. Without limiting the generality of the foregoing, Tenant shall be responsible for the suitability for the Tenant’s needs and business of the design and function of all Tenant Work and for its design and construction in payment thereofcompliance with all Laws (as defined above in this Subsection (a)). In the event that any work by Tenant triggers any upgrades or modifications of existing improvements to comply with Laws in the Premises, in the Common Area, or in the “path of travel” to or from the Premises through the Common Area, Tenant shall be responsible for such upgrades and modifications, at Tenant’s sole cost and expense. Tenant, through its architects and/or space planners (“Tenant’s Architect”), shall prepare all architectural plans and specifications, and engineering plans and specifications, for the real property improvements to be constructed by Tenant in the Premises in sufficient detail to be submitted to Landlord for approval, not to be unreasonably withheld, and to be submitted by Tenant for governmental approvals and building permits and to serve as the detailed construction drawings and specifications for the contractor, including all changes from the As-Is condition of Premises.

Appears in 1 contract

Samples: New Lease (Pharmacyclics Inc)

Tenant Work Generally. Landlord and Tenant acknowledge and agree that notwithstanding any provisions of the Existing Lease to the contrary: (a) Tenant may desire to do certain alterationsremodeling, additions repair, improvement or improvements alteration in connection with this extension of the Termits initial occupancy, and which for purposes of this Amendment any such work Lease is referred to as the Tenant Work; (b) all Tenant Work, if any, shall be done as Tenant Alterations within the meaning of Article Nine of the Lease, subject to and in compliance with this Amendment, all conditions and except to the extent modified by or inconsistent with the express provisions of this Amendment, pursuant to the provisions of Article Nine of the Existing Lease applicable to such Tenant Alterations, except as otherwise expressly provided in this Rider; (c) without limiting the generality of any provisions of Article Nine, Tenant’s 's selection of Tenant’s 's space planner and/or architect (“and Tenant's Architect”) and Tenant’s selection of a general contractor contractor(s) shall be subject to Landlord’s prior written approval, which approval shall not be unreasonably withheld, conditioned or delayed; (d) all plans and specifications prepared by Tenant’s space planner or architect shall be subject to review by Landlord’s architect and to Landlord’s 's prior written approval, which shall not unreasonably be unreasonably withheld, conditioned or delayed beyond ten and as of the date hereof Landlord has approved Tenant's selection of MAC Associates with an office at 000 Xxxxx Xxxxxx, Xxxxx 000, Xxx Xxxxxxxxx, Xxxxxxxxxx 00000 as Tenant's architect and Xxxxx Xxxxxx Contracting with an address of 000 Xxxxx Xxxxxx Xxxx, Xxxxx, Xxxxxxxxxx 00000 as Tenant's contractor for the Premises and Expansion Space A (10) business days with respect to any initial submissions, change orders, and any revisions theretodefined below); (e) Tenant shall retain one or more engineers reasonably satisfactory to Landlord and licensed by the State of California to prepare structural, mechanical, and electrical working drawings and specifications for all Premises improvements, not included in, or requiring any changes to the HVAC, fire and/or life safety, mechanical and electrical work; (fd) if the Tenant Work does not exceed the amount of the Allowance (as defined below)Landlord's Maximum Contribution, Tenant shall not be required to obtain a completion and lien indemnity bond for the Tenant Workit; (ge) such work, including all design, plan review, obtaining all approvals and permits, and construction shall be at Tenant's sole cost and expense (subject to reimbursement to the extent of the Allowance)expense, including delivery to Landlord of plans and specifications of such Tenant Work (including an as-built 3 mylar and digitized (to the extent available) set copies of as-built plans and specifications upon completion) to the extent such work is more than recarpeting and/or repainting, and (hf) Tenant shall pay Landlord a fee (“Construction Monitoring Fee”) for monitoring such design, construction and work by Tenant equal to which shall not exceed two percent (2%) of all "hard costs" of the Allowance, which fee shall be paid by Landlord applying two percent (2%) of the Allowance in payment thereofTenant Work.

Appears in 1 contract

Samples: Lease Between Metropolitan Life (Netobjects Inc)

Tenant Work Generally. Landlord and Tenant acknowledge and agree that notwithstanding any provisions of the Existing Lease to the contrary: (a) Tenant may desire to do certain alterations, additions or improvements in connection with this extension of the Term, and for purposes of this Amendment any such work is referred to as "Tenant Work"; (b) all Tenant Work, if any, shall be done subject to and in compliance with this Amendment, and except to the extent modified by or inconsistent with the express provisions of this Amendment, pursuant to the provisions of Article Nine of the Existing Original Lease applicable to such Tenant Alterations; (c) without limiting the generality of any provisions of Article Nine, Tenant’s 's selection of Tenant’s 's space planner and/or architect (“Tenant's ’s Architect”) and Tenant’s 's selection of a general contractor shall be subject to Landlord’s 's prior written approval, which approval shall not be unreasonably withheld, conditioned or delayed; (d) all plans and specifications prepared by Tenant’s 's space planner or architect shall be subject to review by Landlord’s 's architect and to Landlord’s 's prior written approval, which shall not be unreasonably withheld, conditioned or delayed beyond ten (10) business days with respect to any initial submissions, change orders, and any revisions thereto; (e) Tenant shall retain one or more engineers reasonably satisfactory to Landlord and licensed by the State of California to prepare structural, mechanical, and electrical working drawings and specifications for all Premises improvements, not included in, or requiring any changes to the HVAC, fire and/or life safety, mechanical and electrical work; (f) if the Tenant Work does not exceed the amount of the Allowance (as defined below), Tenant shall not be required to obtain a completion and lien indemnity bond for the Tenant Work; (g) such work, including all design, plan review, obtaining all approvals and permits, and construction shall be at Tenant's sole cost and expense (subject to reimbursement to the extent of the Allowance), including delivery to Landlord of plans and specifications of such Tenant Work (including an as-built mylar and digitized (to the extent available) set of as-built plans and specifications upon completion) to the extent such work is more than recarpeting and/or repainting, and (h) Tenant shall pay Landlord a fee (“Construction Monitoring Fee”) for monitoring such design, construction and work by Tenant equal to two percent (2%) of the Allowance, which fee shall be paid by Landlord applying two percent (2%) of the Allowance in payment thereof.

Appears in 1 contract

Samples: Lease (Exact Sciences Corp)

Tenant Work Generally. Landlord and Tenant acknowledge and agree that --------------------- notwithstanding any provisions of the Existing Lease to the contrary: (a) Tenant may desire desires to do certain alterationsremodeling, additions repair, improvement or improvements alteration in connection with this extension of the Termits initial occupancy, and which for purposes of this Amendment any such work Lease is referred to as the "Tenant Work"; (b) all Tenant Work, if any, shall be done as Tenant Alterations under the Lease, subject to and in compliance with this Amendment, all conditions and except to the extent modified by or inconsistent with the express provisions of this Amendment, pursuant to the provisions of Article Nine of the Existing Lease applicable to such Tenant Alterations, except as otherwise expressly provided in this Rider; (c) without limiting the generality of any provisions of Article Nine, Tenant’s 's selection of Tenant’s 's space planner and/or architect (“and Tenant's Architect”) and Tenant’s selection of a general contractor contractor(s) shall be subject to Landlord’s prior written approval, which approval shall not be unreasonably withheld, conditioned or delayed; (d) all plans and specifications prepared by Tenant’s space planner or architect shall be subject to review by Landlord’s architect and to Landlord’s 's prior written approval, which shall not unreasonably be unreasonably withheld, conditioned except that Landlord may in its sole discretion specify or delayed beyond ten approve the engineers and contractors to perform work relating to the Building's systems; (10d) business days with respect to any initial submissions, change ordersthe proposed Tenant Work, and any revisions theretothe plans and specifications therefor, shall be subject to Landlord's prior written approval, in its sole discretion; (e) Tenant shall retain one or more engineers reasonably satisfactory to Landlord and licensed by the State of California to prepare structural, mechanical, and electrical working drawings and specifications for all Premises improvements, not included in, or requiring any changes to the HVAC, fire and/or life safety, mechanical and electrical work; (f) if the Tenant Work does not exceed the amount of the Allowance (as defined below), Tenant shall not be required to obtain a completion and lien indemnity bond for the Tenant Work; (g) such work, including all design, plan review, obtaining all approvals and permits, and construction shall be at Tenant's sole cost and expense (subject to reimbursement to the extent of the Allowancefrom Landlord's Maximum Contribution), including delivery to Landlord of plans and specifications of such Tenant Work (including an as-built mylar and digitized (to the extent available) set of as-built plans and specifications upon completion) to the extent such work is more than recarpeting and/or repaintingWork, and (hf) Tenant shall pay Landlord a fee ("Construction Monitoring Fee") for monitoring such design, construction and work by Tenant equal to two which shall not exceed one and one-half percent (21.5%) of the Allowanceall costs of materials and construction (including all costs, which fee shall be paid by Landlord applying two percent (2%overhead and profit under construction contract[s]) of the Allowance in payment thereofTenant Work.

Appears in 1 contract

Samples: Lease (Clarent Corp/Ca)

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Tenant Work Generally. Landlord and Tenant acknowledge and agree that notwithstanding any provisions of the Existing Lease to the contrary: (a) Tenant may desire to do certain alterationsshall be responsible for all design, additions demolition, repair, remodeling, improvement or improvements alteration in connection with this extension of the Termits initial occupancy, and which for purposes of this Amendment any such work Lease is referred to as the Tenant Work; (b) all Tenant Work, if any, shall be done as Tenant Alterations within the meaning of Article Nine of the Lease, subject to and in compliance with this Amendment, all conditions and except to the extent modified by or inconsistent with the express provisions of this Amendment, pursuant to the provisions of Article Nine of the Existing Lease applicable to such Tenant Alterations, except as otherwise expressly provided in this Rider; (c) without limiting the generality of any provisions of Article Nine, Tenant’s 's selection of Tenant’s 's space planner and/or architect (“and Tenant's Architect”) and Tenant’s selection of a general contractor contractor(s) shall be subject to Landlord’s prior written approval, which approval shall not be unreasonably withheld, conditioned or delayed; (d) all plans and specifications prepared by Tenant’s space planner or architect shall be subject to review by Landlord’s architect and to Landlord’s 's prior written approval, which shall not unreasonably be unreasonably withheld, conditioned or delayed beyond ten (10) business days with respect to any initial submissions, change orders, and any revisions thereto; (e) Tenant shall retain one or more engineers reasonably satisfactory to Landlord and licensed by the State of California to prepare structural, mechanical, and electrical working drawings and specifications for all Premises improvements, not included in, or requiring any changes to the HVAC, fire and/or life safety, mechanical and electrical work; (fd) if the Tenant Work does not exceed the amount of the Allowance (as defined below)Landlord's Maximum Contribution, Tenant shall not be required to obtain a completion and lien indemnity bond for the Tenant Work; (ge) such work, including all design, plan review, obtaining all approvals and permits, and construction shall be at Tenant's sole cost and expense (subject to reimbursement to the extent of the Allowancefrom Landlord's Maximum Contribution), including delivery to Landlord of plans and specifications of such Tenant Work (including an as-built 3 mylar and digitized (to the extent available) set copies of as-built plans and specifications upon completion) to the extent such work is more than recarpeting and/or repainting, ); and (hf) Tenant shall pay Landlord a fee ("Construction Monitoring Fee") for monitoring such design, construction and work by Tenant equal to two five percent (25%) of the Allowanceconstruction costs (exclusive of Soft Costs, which fee as defined below) for the review and approval of Tenant's plans and specifications, monitoring related to the Tenant Work, access, elevator usage during normal business hours and power. Landlord shall be paid by Landlord applying two percent (2%) entitled to deduct and retain such portions of the Allowance Construction Monitoring Fee as are payable from time to time to the extent funds are available out of Landlord's Maximum Contribution. Notwithstanding the foregoing, in payment thereofthe event the Tenant shall select and engage Shorenstein Company L. P. as Tenant's general contractor for the Tenant Work, no Construction Monitoring Fee shall be due as long as such company performs the Tenant Work noted above.

Appears in 1 contract

Samples: Office Lease (Embarcadero Technologies Inc)

Tenant Work Generally. Landlord and Tenant acknowledge and agree that notwithstanding any provisions of the Existing Lease to the contrary: (a) Tenant may desire to do certain alterations, additions or improvements in connection with this extension of the Term, and for purposes of this Amendment any such work is referred to as “Tenant Work”; (b) all Tenant Work, if any, shall be done subject to and in compliance with this Amendment, and except to the extent modified by or inconsistent with the express provisions of this Amendment, pursuant to the provisions of Article Nine of the Existing Original Lease applicable to such Tenant Alterations; (c) without limiting the generality of any provisions of Article Nine, Tenant’s selection of Tenant’s space planner and/or architect ("Tenant's Architect") and Tenant’s selection of a general contractor shall be subject to Landlord’s prior written approval, which approval shall not be unreasonably withheld, conditioned or delayed; (d) all plans and specifications prepared by Tenant’s space planner or architect shall be subject to review by Landlord’s architect and to Landlord’s prior written approval, which shall not be unreasonably withheld, conditioned or delayed beyond ten (10) business days with respect to any initial submissions, change orders, and any revisions thereto; (e) Tenant shall retain one or more engineers reasonably satisfactory to Landlord and licensed by the State of California to prepare structural, mechanical, and electrical working drawings and specifications for all Premises improvements, not included in, or requiring any changes to the HVAC, fire and/or life safety, mechanical and electrical work; (f) if the Tenant Work does not exceed the amount of the Allowance (as defined below), Tenant shall not be required to obtain a completion and lien indemnity bond for the Tenant Work; (g) such work, including all design, plan review, obtaining all approvals and permits, and construction shall be at Tenant's sole cost and expense (subject to reimbursement by Landlord to the extent of the Allowance), including delivery to Landlord of plans and specifications of such Tenant Work (including an as-built mylar and digitized (to the extent available) set of as-built plans and specifications upon completion) to the extent such work is more than recarpeting and/or repainting, and (h) Tenant shall pay Landlord a fee (“Construction Monitoring Fee”) for monitoring such design, construction and work by Tenant equal to two percent (2%) of the Allowance, which fee shall be paid by Landlord applying two percent (2%) of the Allowance in payment thereof.

Appears in 1 contract

Samples: Lease (Genomic Health Inc)

Tenant Work Generally. Landlord and Tenant acknowledge and agree --------------------- that notwithstanding any provisions of the Existing Lease to the contrary: (a) Tenant may desire desires to do certain alterationsremodeling, additions repair, improvement or improvements alteration in connection with this extension of the Termits initial occupancy, and which for purposes of this Amendment any such work Lease is referred to as the Tenant Work; (b) all Tenant Work, if any, shall be done as Tenant Alterations under the Lease, subject to and in compliance with this Amendment, all conditions and except to the extent modified by or inconsistent with the express provisions of this Amendment, pursuant to the provisions of Article Nine of the Existing Lease applicable to such Tenant Alterations, except as otherwise expressly provided in this Rider; (c) without limiting the generality of any provisions of Article Nine, Tenant’s 's selection of Tenant’s 's space planner and/or architect (“and Tenant's Architect”) and Tenant’s selection of a general contractor contractor(s) shall be subject to Landlord’s prior written approval, which approval shall not be unreasonably withheld, conditioned or delayed; (d) all plans and specifications prepared by Tenant’s space planner or architect shall be subject to review by Landlord’s architect and to Landlord’s 's prior written approval, which shall not unreasonably be unreasonably withheld, conditioned except that Landlord may in its sole discretion specify or delayed beyond ten (10) business days with respect approve the engineers and contractors to any initial submissions, change orders, and any revisions theretoperform work relating to the Building's systems; (e) Tenant shall retain one or more engineers reasonably satisfactory to Landlord and licensed by the State of California to prepare structural, mechanical, and electrical working drawings and specifications for all Premises improvements, not included in, or requiring any changes to the HVAC, fire and/or life safety, mechanical and electrical work; (fd) if the Tenant Work does not exceed the amount of the Allowance (as defined below)Landlord's Maximum Contribution, Tenant shall not be required to obtain a completion and lien indemnity bond for the Tenant Work; (ge) such work, including all design, plan review, obtaining all approvals and permits, and construction shall be at Tenant's sole cost and expense (subject to reimbursement to the extent of the Allowancefrom Landlord's Maximum Contribution), including delivery to Landlord of plans and specifications of such Tenant Work (including an as-built mylar and digitized (to the extent available) set of as-built plans and specifications upon completion) to the extent such work is more than recarpeting and/or repaintingWork, and (hf) Tenant shall pay Landlord a fee ("Construction Monitoring Fee") for monitoring such design, construction and work by Tenant equal to two which shall not exceed one and one-half percent (21.5%) of the Allowanceall costs of materials and construction (including all costs, which fee shall be paid by Landlord applying two percent (2%overhead and profit under construction contract[s]) of the Allowance Tenant Work. The design and performance of Tenant Work may (at Tenant's election) be done separately for each of the 301 Chesapeake Space and the 575 Chesapeake Space, and in payment thereofsuch event this Section 2 applies to and governs each separate part of such Tenant Work, and shall apply separately to each of the 301 Chesapeake Space and the 575 Chesapeake Space in the same way as if each were a separate job or separate Tenant Work.

Appears in 1 contract

Samples: Lease (Clarent Corp/Ca)

Tenant Work Generally. Landlord and Tenant acknowledge and agree --------------------- that notwithstanding any provisions of the Existing Lease to the contrary: (ai) Tenant may desire to do certain alterationsremodeling, additions repair, improvement or improvements alteration in connection with this extension of the Termits initial occupancy, and which for purposes of this Amendment any such work Lease is referred to as the Tenant Work; (bii) all Tenant Work, if any, shall be done as Tenant Alterations within the meaning of Article Nine of the Lease, subject to and in compliance with this Amendment, all conditions and except to the extent modified by or inconsistent with the express provisions of this Amendment, pursuant to the provisions of Article Nine of the Existing Lease applicable to such Tenant Alterations, except as otherwise expressly provided in this Amendment; (ciii) without limiting the generality of any provisions of Article Nine, Tenant’s 's selection of Tenant’s 's space planner and/or architect (“and Tenant's Architect”) and Tenant’s selection of a general contractor contractor(s) shall be subject to Landlord’s prior written approval, which approval shall not be unreasonably withheld, conditioned or delayed; (d) all plans and specifications prepared by Tenant’s space planner or architect shall be subject to review by Landlord’s architect and to Landlord’s 's prior written approval, which shall not unreasonably be unreasonably withheld, conditioned or delayed beyond ten (10) business days with respect to any initial submissions, change orders, and any revisions thereto; (eiv) Tenant shall retain one or more engineers reasonably satisfactory to Landlord and licensed by the State of California to prepare structural, mechanical, and electrical working drawings and specifications for all Premises improvements, not included in, or requiring any changes to the HVAC, fire and/or life safety, mechanical and electrical work; (f) if the Tenant Work does not exceed the amount of the Allowance (as defined below), Tenant shall not be required to obtain a completion and lien indemnity bond for the Tenant Work; (gv) such work, including all design, plan review, obtaining all approvals and permits, and construction shall be at Tenant's sole cost and expense (subject to reimbursement to the extent of the Allowance)expense, including delivery to Landlord of plans and specifications of such Tenant Work (including an as-built mylar and digitized (to the extent available) set 2 sets of as-built mylars and digitized plans and specifications upon completion) completion to the extent such work is more than recarpeting and/or repainting), and (hvi) Tenant shall pay any expenses of Landlord in accordance with Article Nine, including, but not limited to, a fee (“Construction Monitoring Fee”) for review or monitoring such designof the design or construction of the Tenant Work, construction and work by Tenant equal to which fee shall not exceed two percent (2%) of the Allowance, which fee shall be paid by Landlord applying two percent (2%) all "hard costs" of the Allowance in payment thereofTenant Work.

Appears in 1 contract

Samples: Lease (Maxygen Inc)

Tenant Work Generally. Landlord and Tenant acknowledge and agree that notwithstanding any provisions of the Existing Lease to the contrary: (a) Tenant may desire to do certain alterations, additions or improvements in connection with this extension of the Term, and for purposes of this Amendment any such work is referred to as “Tenant Work”; (b) all Tenant Work, if any, shall be done subject to and in compliance with this Amendment, and except to the extent modified by or inconsistent with the express provisions of this Amendment, pursuant to the provisions of Article Nine 9 of the Existing Lease applicable to such Tenant Alterations; (c) without limiting the generality of any provisions of Article Nine, Tenant’s selection of Tenant’s space planner and/or architect ("Tenant's Architect") and Tenant’s selection of a general contractor shall be subject to Landlord’s prior written approval, which approval shall not be unreasonably withheld, conditioned withheld or delayed; (d) all plans and specifications prepared by Tenant’s space planner or architect shall be subject to review by Landlord’s architect and to Landlord’s prior written approval, which shall not be unreasonably withheld, conditioned withheld or delayed beyond ten (10) business days with respect to any initial submissions, change orders, and any revisions thereto; (e) Tenant shall retain one or more engineers reasonably satisfactory to Landlord and licensed by the State of California to prepare structural, mechanical, and electrical working drawings and specifications for all Premises improvements, not included in, or requiring any changes to the HVAC, fire and/or life safety, mechanical and electrical work; (f) if the Tenant Work does not exceed the amount of the Allowance (as defined below), Tenant shall not be required to obtain a completion and lien indemnity bond for the Tenant Work; (g) such work, including all design, plan review, obtaining all approvals and permits, and construction shall be at Tenant's sole cost and expense (subject to reimbursement to the extent of the Allowance), including delivery to Landlord of plans and specifications of such Tenant Work (including an as-built mylar and digitized (to the extent available) set of as-built plans and specifications upon completion) to the extent such work is more than recarpeting and/or repainting, and (h) Tenant shall pay Landlord a fee (“Construction Monitoring Fee”) for monitoring such design, construction and work by Tenant equal to two percent (2%) of the Allowance, which fee shall be paid by Landlord applying two percent (2%) of the Allowance in payment thereof.

Appears in 1 contract

Samples: To Lease (Genomic Health Inc)

Tenant Work Generally. Landlord and Tenant acknowledge and agree that --------------------- notwithstanding any provisions of the Existing Lease to the contrary: (a) Tenant may desire to do certain alterationsremodeling, additions repair, improvement or improvements alteration in connection with this extension of the Termits initial occupancy, and which for purposes of this Amendment any such work Lease is referred to as the Tenant Work; (b) all Tenant Work, if any, shall be done as Tenant Alterations within the meaning of Article Nine -of the Lease, subject to and in compliance with this Amendment, all conditions and except to the extent modified by or inconsistent with the express provisions of this Amendment, pursuant to the provisions of Article Nine of the Existing Lease applicable to such Tenant Alterations, except as otherwise expressly provided in this Rider; (c) without limiting the generality of any provisions of Article Nine, Tenant’s 's selection of Tenant’s 's space planner and/or architect (“and Tenant's Architect”) and Tenant’s selection of a general contractor contractor(s) shall be subject to Landlord’s prior written approval, which approval shall not be unreasonably withheld, conditioned or delayed; (d) all plans and specifications prepared by Tenant’s space planner or architect shall be subject to review by Landlord’s architect and to Landlord’s 's prior written approval, which shall not unreasonably be unreasonably withheld, conditioned or delayed beyond ten (10) business days with respect to any initial submissions, change orders, and any revisions thereto; (e) Tenant shall retain one or more engineers reasonably satisfactory to Landlord and licensed by the State of California to prepare structural, mechanical, and electrical working drawings and specifications for all Premises improvements, not included in, or requiring any changes to the HVAC, fire and/or life safety, mechanical and electrical work; (fd) if the Tenant Work does not exceed the amount of the Allowance (as defined below)Landlord's Maximum Contribution, Tenant shall not be required to obtain a 6 completion and lien indemnity bond for the Tenant Workit; (ge) such work, including all design, plan review, obtaining all approvals and permits, and construction shall be at Tenant's sole cost and expense (subject to reimbursement to the extent of the Allowance)expense, including delivery to Landlord of plans and specifications of such Tenant Work (including an as-built mylar and digitized (to the extent available) set 3 sets of as-built plans and specifications upon completion) to the extent such work is more than recarpeting and/or repainting, and (hf) Tenant shall pay Landlord a fee (“Construction Monitoring Fee”) for monitoring such design, construction and work by Tenant equal to which shall not exceed two percent (2%) of all "hard costs" of the Allowance, which fee shall be paid by Landlord applying two percent (2%) of the Allowance in payment thereofTenant Work.

Appears in 1 contract

Samples: Lease (Maxygen Inc)

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