Common use of Tenant Work Clause in Contracts

Tenant Work. On or before July 15, 2003 Tenant shall cause to be prepared and sealed by an architect licensed in the State of New Jersey, and shall submit to Landlord for its approval, all plans and specifications required for the leasehold improvements to be constructed within the Premises (“Tenant Plans”) which Tenant Plans shall be in substantial conformity in all respects with the plans and specifications previously provided to Landlord and priced by Landlord for the Tenant Work.. Tenant shall reasonably endeavor to use Landlord’s professionals to prepare the Tenant Plans. Any delay by Tenant in delivering the Tenant Plans as and when required hereunder shall constitute a Tenant Delay, unless caused in any manner by Landlord or its agents, professional or contractors. Tenant Plans shall be sufficient so long as Tenant Plans (a) are complete, finished and include detailed architectural, electrical, plumbing, fire protection, HVAC and engineering drawings including all necessary dimensions and specifications and all finish schedules; (b) are practicable and consistent with Landlord’s Plans, subject to standard construction industry tolerances and subject to reasonable as-built field conditions not specified on Landlord’s Plans, (c) involve construction within the Premises only and do not adversely affect or compromise any portion of the Building, and (d) do not require any special materials or design or changes in or of the Building which is not then already set forth in Landlord’s Plans or in Landlord’s judgment cannot be accommodated without additional expense or delay. To the extent Tenant uses Landlord’s Architect to prepare such plans, Tenants Plans shall be deemed to comply hereunder. Tenant’s submission of Tenant Plans to Landlord shall be deemed approval thereof by Tenant. Such submission shall contain one complete electronic media (CAD) copy (said CAD copy to contain Premises plans only), four blue-line or black-line prints and one reproducible copy of each page. Tenant shall be solely responsible for the completeness and compliance of Tenant Plans with all applicable laws, codes and regulations, including without implied limitation, ADA, and all state and municipal permitting requirements. Landlord shall review Tenant Plans and respond to Tenant within thirty (30) days after submission, and should Landlord elect to have Tenant Plans reviewed by Landlord’s architects and engineers if Tenant’s Plans were not prepared by Landlord’s professionals. Tenant shall bear the reasonable expense of such review. Unless Tenant’s Plans are prepared by Landlord’s professionals, review and approval of Tenant Plans by Landlord (and its professionals, as aforesaid) shall in no instance be deemed or constitute a representation, warranty or confirmation by Landlord or by its professionals of any kind regarding the completeness of Tenant Plans or conformance therewith with applicable laws, codes or regulations, or permitting requirements, or with the requirements of Landlord’s Plans, or the adequacy of Tenant’s specifications or design, but rather Landlord’s review (and review by Landlord’s professionals) is for the protection of Landlord only; provided, however, that Landlord shall use reasonable efforts to advise Tenant if such review indicates that Tenant Plans violate or fail to satisfy any requirements of Landlord’s Work. If Tenant Plans are not sufficient, as above set forth, Landlord shall notify Tenant of the insufficiency and Tenant shall cause such insufficiency to be remedied and the remedy shall be incorporated into Tenant Plans by Tenant at Tenant’s expense and resubmitted to Landlord, and the time involved in Tenant’s revision and resubmission of Tenant Plans shall constitute a Tenant Delay, unless Tenant’s Plans are prepared by Landlord’s professionals; it being further understood that the foregoing shall not diminish the effect of any intervening Change Order Delay. If Landlord determines that Tenant Plans are still not sufficient after Landlord’s review and Tenant’s resubmission, then the approval process described above will be repeated; provided, however, that Landlord agrees to review Tenant’s resubmission(s) as promptly as is reasonably practicable. Tenant shall make no changes to Tenant Plans after Landlord’s approval thereof without the prior written consent of Landlord, which approval shall not be unreasonably withheld, delayed or conditioned, and which changes shall be requested and implemented, if at all, only in accordance with the procedures set forth below. Any delay in substantial completion of the construction set forth on Tenant Plans (“Tenant Work”) or in Landlord’s Work resulting from such changes or from an election by Tenant to incorporate special materials or designs in Tenant Plans shall be deemed to be a Tenant Delay and shall have the consequences herein set forth. Landlord shall notify Tenant as quickly as reasonably practicable after receipt of any changes to Tenant Plans if Landlord anticipates that the proposed changes will delay substantial completion of construction.

Appears in 1 contract

Samples: Full Service Lease (Medquist Inc)

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Tenant Work. On or before July 15Tenant agrees that all Alterations, 2003 repairs, Restoration and other work which Tenant shall cause be required or permitted to do under the provisions of this Lease (each hereinafter called the “Work”) shall be prepared at Tenant’s sole cost and sealed by an architect licensed in the State of New Jerseyexpense, and shall submit to Landlord for its approval(i) performed in a good, workmanlike manner, and in accordance with this Lease and all Requirements and Applicable Laws, as well as any plans and specifications therefor which shall have been approved by Landlord (if such approval is required for the leasehold improvements to be constructed within the Premises hereunder), (“Tenant Plans”ii) which Tenant Plans shall be in substantial conformity commenced and completed promptly and (iii) done in all respects cases upon, in compliance with and subject to the terms of any Non-Disturbance Agreement and, to the extent not inconsistent with any term thereof, all of the following terms and conditions: (a) If the Work shall (i) involve any material structural Work, or (ii) cost more than the Threshold Amount (as reasonably estimated in writing by a licensed third party architect or contractor reasonably selected by Tenant), then the Work shall not be commenced until detailed plans and specifications previously provided to Landlord (including layout, architectural, mechanics and priced structural drawings), prepared by Landlord for the Tenant Work.. Tenant shall a licensed architect reasonably endeavor to use Landlord’s professionals to prepare the Tenant Plans. Any delay selected by Tenant in delivering the Tenant Plans as and when required hereunder shall constitute a Tenant Delay, unless caused in any manner by Landlord or its agents, professional or contractors. Tenant Plans shall be sufficient so long as Tenant Plans (a) are complete, finished and include detailed architectural, electrical, plumbing, fire protection, HVAC and engineering drawings including all necessary dimensions and specifications and all finish schedules; (b) are practicable and consistent with Landlord’s Plans, subject to standard construction industry tolerances and subject to reasonable as-built field conditions not specified on Landlord’s Plans, (c) involve construction within the Premises only and do not adversely affect or compromise any portion of the Building, and (d) do not require any special materials or design or changes in or of the Building which is not then already set forth in Landlord’s Plans or in Landlord’s judgment cannot be accommodated without additional expense or delay. To the extent Tenant uses Landlord’s Architect to prepare such plans, Tenants Plans shall be deemed to comply hereunder. Tenant’s submission of Tenant Plans to Landlord shall be deemed approval thereof by Tenant. Such submission shall contain one complete electronic media (CAD) copy (said CAD copy to contain Premises plans only), four blue-line or black-line prints and one reproducible copy of each page. Tenant shall be solely responsible for the completeness and compliance of Tenant Plans with all applicable laws, codes and regulations, including without implied limitation, ADA, and all state and municipal permitting requirements. Landlord shall review Tenant Plans and respond to Tenant within thirty (30) days after submission, and should Landlord elect to have Tenant Plans reviewed approved by Landlord’s architects , together with a proposed construction budget shall have been submitted to and engineers if Tenant’s Plans were not prepared approved by Landlord’s professionals. Tenant shall bear the reasonable expense of such review. Unless Tenant’s Plans are prepared by Landlord’s professionals, review and approval of Tenant Plans by Landlord (and its professionals, as aforesaid) shall in no instance be deemed or constitute a representation, warranty or confirmation by Landlord or by its professionals of any kind regarding the completeness of Tenant Plans or conformance therewith with applicable laws, codes or regulations, or permitting requirements, or with the requirements of Landlord’s Plans, or the adequacy of Tenant’s specifications or design, but rather Landlord’s review (and review by Landlord’s professionals) is for the protection of Landlord only; provided, however, that Landlord shall use reasonable efforts to advise Tenant if such review indicates that Tenant Plans violate or fail to satisfy any requirements of Landlord’s Work. If Tenant Plans are not sufficient, as above set forth, Landlord shall notify Tenant of the insufficiency and Tenant shall cause such insufficiency to be remedied and the remedy shall be incorporated into Tenant Plans by Tenant at Tenant’s expense and resubmitted to Landlord, and the time involved in Tenant’s revision and resubmission of Tenant Plans shall constitute a Tenant Delay, unless Tenant’s Plans are prepared by Landlord’s professionals; it being further understood that the foregoing shall not diminish the effect of any intervening Change Order Delay. If Landlord determines that Tenant Plans are still not sufficient after Landlord’s review and Tenant’s resubmission, then the approval process described above will be repeated; provided, however, that Landlord agrees to review Tenant’s resubmission(s) as promptly as is reasonably practicable. Tenant shall make no changes to Tenant Plans after Landlord’s approval thereof without the prior written consent of Landlord, which approval shall not be unreasonably withheld, delayed conditioned or conditioneddelayed; provided, however, that for Work which exceeds the Threshold Amount but otherwise is of a nature which customarily would not require the services or plans of an architect, as determined by Landlord in its reasonable discretion, there shall be no requirement for plans prepared by a licensed architect. (b) No material structural Work or Work costing more than the Threshold Amount shall be undertaken except under the supervision of a licensed third party architect or other appropriate design professional reasonably satisfactory to Landlord. (c) All Work shall be commenced only after all required permits, authorizations and approvals shall have been obtained by Tenant (or the applicable Operating Subtenant) from the applicable Governmental Authorities and other Persons, at its own cost and expense, and complete copies thereof, certified by Tenant as true copies, delivered to Landlord. Landlord will, on Tenant’s written request, execute any documents necessary to be signed by Landlord to obtain any such permits, authorizations and approvals, provided that no such documents shall cause Landlord to incur any liability other than monetary liability associated with fees or costs charged in connection with such permits, authorizations and approvals, and Tenant shall pay and discharge any such expense or liability of Landlord in connection therewith. (d) If the Work will cost more than the Threshold Amount (as reasonably estimated in writing by a licensed third party architect or contractor reasonably selected by Tenant), it shall not be commenced until Tenant shall have obtained and delivered to Landlord, either (i) a performance bond and a labor and materials payment bond (issued by a corporate surety licensed to do business in the State in which changes the Premises are located and satisfactory to Landlord in its reasonable discretion), each in an amount equal to the estimated cost of such Work and in form otherwise satisfactory to Landlord in its reasonable discretion, or (ii) such other security or evidence of ability to pay the estimated cost of such Work as shall be requested satisfactory to Landlord in its reasonable discretion. (e) The cost of all Work shall be paid promptly, in cash, so that the Premises and implementedTenant’s leasehold estate therein shall at all times be free from (i) liens for labor or materials supplied or claimed to have been supplied to the Premises or Tenant, if at alland (ii) chattel mortgages, only conditional sales contracts, title retention agreements, security interests and agreements, and financing agreements and statements. Tenant shall, upon Landlord’s request, provide Landlord evidence of such payment satisfactory to Landlord in Landlord’s reasonable discretion, which evidence may include partial and final lien releases and waivers from any and all appropriate parties. Nothing herein shall be construed to preclude Tenant from bonding-over, in accordance with the procedures set forth below. Any delay Michigan Construction Lien Act, any construction lien disputed by Tenant in substantial completion good faith, provided such bond fully covers the amount of the construction lien and would not be considered an exception to Landlord’s American Land Title Association title policy. (f) At all times when any Work is in progress, Tenant shall maintain or cause to be maintained with such companies and for such periods as Landlord may require (i) workers’ compensation insurance covering all persons employed in connection with the Work, in an amount at least equal to the minimum amount of such insurance required by Applicable Law (with a waiver of subrogation satisfactory to Landlord in its sole and absolute discretion); and (ii) for the mutual protection of Landlord, Tenant and any Mortgagee, (1) builder’s risk insurance, completed value form, covering all physical loss, in an amount satisfactory to Landlord in its sole and absolute discretion, and (2) commercial general liability insurance against all hazards, with limits for bodily injury or death to any one person, for bodily injury or death to any number of persons in respect of any one accident or occurrence, and for property damage in respect of one accident or occurrence in such amounts as Landlord in its reasonable discretion may require. Such commercial general liability insurance may be satisfied by the insurance required under Section 6.1(a), but may be effected by an endorsement, if obtainable, upon the insurance policy referred to in said Section. The provisions and conditions of Article 6 hereof shall apply to any insurance which Tenant shall be required to maintain or cause to be maintained under this subsection. All contractors, subcontractors, vendors, materialmen and others performing any Work on the Premises or providing any supplies or materials in connection with Work on the Premises must be licensed and qualified to perform such services and/or provide such supplies and shall be required to maintain insurance of each of the types set forth on above in such amounts as Landlord in its sole and absolute discretion requires, naming Landlord, and all Mortgagees as additional named insureds or loss payees and Tenant Plans shall obtain and supply to Landlord evidence of such required insurance. (“Tenant g) Upon completion of any Work”) or in Landlord, Tenant, at Tenant’s expense, shall obtain certificates of final approval of such Work resulting from such changes or from an election required by Tenant to incorporate special materials or designs in Tenant Plans shall be deemed to be a Tenant Delay any Governmental Authority and shall furnish Landlord with copies thereof, together with (i) “as-built” plans and specifications for such Work (if the cost of such Work exceeds the Threshold Amount), and (ii) final lien waivers and releases from any and all appropriate parties. (h) The conditions of Section 5.4 shall have been complied with, to the consequences herein set forth. Landlord shall notify Tenant as quickly as reasonably practicable after receipt of any changes extent applicable to Tenant Plans if Landlord anticipates that the proposed changes will delay substantial completion of constructionWork.

Appears in 1 contract

Samples: Master Lease (Griffin-American Healthcare REIT IV, Inc.)

Tenant Work. On Tenant shall, with the aid of a licensed architect or before July 15, 2003 Tenant shall cause to be prepared and sealed by an architect licensed in the State of New Jerseyengineer, and shall at Tenant's sole cost and expense, complete plans and specifications for Tenant's interior improvements, submit them to Landlord for its approval, and obtain Landlord's approval prior to commencement of construction ("Tenant Work"). The Tenant Work shall include, but not be limited to the following: (1) HVAC system; (2) Interior lighting; (3) Insulation; (4) Office space within the Premises; (5) Lunch room/break room space within the Premises; (6) Interior walls and partitions and painting if required; (7) Plumbing within the Premises; (8) Floor and wall coverings; (9) All electrical distribution panels for Tenant power and lighting, distribution lines and outlets, circuits, switches and related metering and hook-up charges; (10) Water and gas distribution and related metering and hook-up charges; (11) Telephone switch room, panel, distribution system; (12) Window coverings if required; (13) Interior and exterior Tenant signage; (14) Fire safety systems; (15) Restrooms; (16) Any roof screens for HVAC systems; (17) Any city and other agency fees; and (18) Other improvements specific to tenant's occupancy. (19) Architectural design and structural engineering All Tenant Works shall be completed in a good and workmanlike manner by Tenant at Tenant's sole cost and expense, and all materials and equipment incorporated into the Tenant Improvements (i) will be new and free of defects, (ii) will conform to all applicable laws, ordinances and regulations of all duly constituted authorities, including without limitation, Title III of the Americans and Disabilities Act of 1990, all regulations issued thereunder and the Accessibility Guidelines for Buildings and Facilities issued pursuant thereto, as the same are in affect on the date hereof and may be hereafter modified, amended or supplemented ("Applicable Laws"), and (iii) will conform to the final working drawings approved by Landlord and Tenant, including all changes or modifications thereto approved by Landlord. The approved plan shall be attached to this Lease, as Exhibit D. Landlord conceptually approves the construction of improvements similar in quality to those installed at 3100 Xxxxxxx Xxxxxxxxxx, Xxxxx Xxxxx, Xxxxxxxxxx, xxt with not more than ten percent (10%) of the Premises allocated for "wet" laboratory use and the balance in "generic" improvements, subject to Landlord's approval as to location and arrangement. Landlord will reasonably approve or disapprove said plans and specifications required within five (5) days of receipt of plans and specifications. Landlord may reasonably disapprove of said plans and specifications for reasons including, but not limited to: location, distribution and percentage of floor coverings, dropped ceiling, restrooms (two core minimum per floor), plumbing, electrical, and/or mechanical systems which are inconsistent with future divisibility of the leasehold improvements to be constructed building for multi-tenant occupancy. If Landlord has not notified Tenant of approval or disapproval within the Premises five (“Tenant Plans”5) which Tenant Plans shall be in substantial conformity in all respects with days of receipt of plans and specifications, the plans and specifications previously provided to Landlord and priced by Landlord for the Tenant Work.. Tenant shall reasonably endeavor to use Landlord’s professionals to prepare the Tenant Plans. Any delay by Tenant in delivering the Tenant Plans as and when required hereunder shall constitute a Tenant Delay, unless caused in any manner by Landlord or its agents, professional or contractors. Tenant Plans shall be sufficient so long as Tenant Plans (a) are complete, finished and include detailed architectural, electrical, plumbing, fire protection, HVAC and engineering drawings including all necessary dimensions and specifications and all finish schedules; (b) are practicable and consistent with Landlord’s Plans, subject to standard construction industry tolerances and subject to reasonable as-built field conditions not specified on Landlord’s Plans, (c) involve construction within the Premises only and do not adversely affect or compromise any portion of the Building, and (d) do not require any special materials or design or changes in or of the Building which is not then already set forth in Landlord’s Plans or in Landlord’s judgment cannot be accommodated without additional expense or delay. To the extent Tenant uses Landlord’s Architect to prepare such plans, Tenants Plans shall be deemed to comply hereunderapproved. Tenant’s submission of Tenant Plans to Landlord shall All substantive changes must be deemed approval thereof approved by Tenant. Such submission shall contain one complete electronic media (CAD) copy (said CAD copy to contain Premises plans only), four blue-line or black-line prints and one reproducible copy of each pageLandlord. Tenant shall be solely responsible for the completeness and compliance of Tenant Plans with all applicable laws, codes and regulations, including without implied limitation, ADA, and all state and municipal permitting requirements. Landlord shall review Tenant Plans and respond may select a general contractor subject to Tenant within thirty (30) days after submission, and should Landlord elect to have Tenant Plans reviewed by Landlord’s architects and engineers if Tenant’s Plans were not prepared by Landlord’s professionals's reasonable consent. Tenant and general contractor shall bear the reasonable expense of such review. Unless Tenant’s Plans are prepared by Landlord’s professionals, review and approval of Tenant Plans by Landlord (and its professionals, as aforesaid) shall in no instance be deemed or constitute a representation, warranty or confirmation by Landlord or by its professionals of any kind regarding the completeness of Tenant Plans or conformance therewith with applicable laws, codes or regulations, or permitting requirements, or with the requirements of Landlord’s Plans, or the adequacy of Tenant’s specifications or design, but rather Landlord’s review (and review by Landlord’s professionals) is for the protection of Landlord only; provided, however, that Landlord shall use reasonable efforts diligently pursue to advise Tenant if such review indicates that Tenant Plans violate or fail to satisfy any requirements of Landlord’s Work. If Tenant Plans are not sufficient, as above set forth, Landlord shall notify Tenant of the insufficiency and Tenant shall cause such insufficiency to be remedied and the remedy shall be incorporated into Tenant Plans by Tenant at Tenant’s expense and resubmitted to Landlord, and the time involved in Tenant’s revision and resubmission of Tenant Plans shall constitute a Tenant Delay, unless Tenant’s Plans are prepared by Landlord’s professionals; it being further understood that the foregoing shall not diminish the effect of any intervening Change Order Delay. If Landlord determines that Tenant Plans are still not sufficient after Landlord’s review and Tenant’s resubmission, then the approval process described above will be repeated; provided, however, that Landlord agrees to review Tenant’s resubmission(s) as promptly as is reasonably practicable. Tenant shall make no changes to Tenant Plans after Landlord’s approval thereof without the prior written consent of Landlord, which approval shall not be unreasonably withheld, delayed or conditioned, and which changes shall be requested and implemented, if at all, only completion said improvements in accordance with the procedures set forth belowapproved plans and specifications. Any delay Tenant acknowledges that Landlord may record a Notice of Non-Responsibility in substantial completion of regards to the construction set forth on of Tenant Plans (“Tenant Work”) or in Landlord’s Work resulting from such changes or from an election by Tenant to incorporate special materials or designs in Tenant Plans shall be deemed to be a Tenant Delay and shall have the consequences herein set forth. Landlord shall notify Tenant as quickly as reasonably practicable after receipt of any changes to Tenant Plans if Landlord anticipates that the proposed changes will delay substantial completion of constructionImprovements.

Appears in 1 contract

Samples: Lease Agreement (Symyx Technologies Inc)

Tenant Work. On or before July 15(a) Promptly following the execution hereof, 2003 Tenant Lessor shall cause Lessor 5 architect to be prepared prepare construction drawings and sealed by an architect licensed specifications for the improvements to the Demised Premises which are consistent with the Tenant Workletter attached as Exhibit B, and preliminary space plan attached as Exhibit B-l. Xxllowing preparation of such construction drawings and specifications, Lessor shall cause Lessor's general contractor to perform in the State of New Jersey, and shall submit to Landlord for its approval, all plans and specifications required for Demised Premises the leasehold improvements shown on such final construction drawings and specifications (the "Initial Improvements") . In no event shall the Initial Improvements include any work to be constructed within the Demised Premises not set forth in the final construction drawings and specifications as approved by Lessor, nor shall Lessor have any obligation to do any work to the Demised Premises not included in the Initial Improvements. (“Tenant Plans”b) which Tenant Plans The Initial Improvements shall be performed by Lessor at Lessor's sole cost; provided that, Lessee shall reimburse Lessor for any costs incurred in substantial conformity in all respects connection with the plans design or performance of the Initial Improvements to the extent attributable to, or occasioned by, a Lessee Delay or work which is beyond the scope of the Initial Improvements set forth on Exhibit B-l. (c) Lessee may undertake to have extra tenant work performed at its own expense, provided, that (i) the design of all such work and specifications previously provided to Landlord and priced by Landlord for the Tenant Work.. Tenant shall reasonably endeavor to use Landlord’s professionals to prepare the Tenant Plans. Any delay by Tenant in delivering the Tenant Plans as and when required hereunder shall constitute a Tenant Delay, unless caused in any manner by Landlord or its agents, professional or contractors. Tenant Plans installations shall be sufficient so long subject to the prior written approval of Lessor and Lessor's architect or supervising engineer, (ii) no work may be commenced until the written approval of Lessor is obtained, (iii) all work must be performed in accordance with tenant work procedures promulgated by Lessor, (iv) Lessee will not make any structural modifications (the term "structural" as Tenant Plans (a) are completeused herein being given the widest possible application and to include, finished but not be limited to, the roof, all load bearing walls, all exterior walls, membranes and include detailed architecturalglass lines, all concrete floor and roof slabs, and all electrical, plumbing, fire protectionheating, HVAC ventilation, air conditioning and engineering drawings including all necessary dimensions and specifications and all finish schedules; (b) are practicable and consistent with Landlord’s Plans, subject to standard construction industry tolerances and subject to reasonable as-built field conditions not specified on Landlord’s Plansother mechanical systems), (cv) involve construction within the Premises only Lessee will obtain a building permit for said work and do not adversely affect or compromise any portion will deliver one set of the Buildingapproved plans as well as final inspection stickers and occupancy certificate to Lessor, and (dv) do not require any special materials all work must be performed by a contractor approved by Lessor. In addition, Lessee's contractor, if other than Lessor or design or changes in or Lessor's Contractor, is to be bonded if the total cost of the Building which is not then already set forth in Landlord’s Plans or in Landlord’s judgment cannot be accommodated without additional expense or delay. To the extent Tenant uses Landlord’s Architect to prepare such plans, Tenants Plans proposed improvements exceeds $10,000.00; (ii) Lessee shall be deemed to comply hereunder. Tenant’s submission of Tenant Plans to Landlord shall be deemed approval thereof by Tenant. Such submission shall contain one complete electronic media (CAD) copy (said CAD copy to contain Premises plans only), four blue-line or black-line prints and one reproducible copy of each page. Tenant shall be solely responsible for the completeness and compliance of Tenant Plans with all applicable laws, codes such other reasonable restrictions and regulations, including without implied limitation, ADA, and conditions as Lessor may impose; (iii) Lessee shall discharge all state and municipal permitting requirements. Landlord shall review Tenant Plans and respond to Tenant within thirty (30) days after submission, and should Landlord elect to have Tenant Plans reviewed by Landlord’s architects and engineers if Tenant’s Plans were not prepared by Landlord’s professionals. Tenant shall bear the reasonable expense of such review. Unless Tenant’s Plans are prepared by Landlord’s professionals, review and approval of Tenant Plans by Landlord (and its professionals, as aforesaid) shall in no instance be deemed or constitute a representation, warranty or confirmation by Landlord or by its professionals of any kind regarding the completeness of Tenant Plans or conformance therewith with applicable laws, codes or regulations, or permitting requirements, or with the requirements of Landlord’s Plans, or the adequacy of Tenant’s specifications or design, but rather Landlord’s review (and review by Landlord’s professionals) is for the protection of Landlord only; provided, however, that Landlord shall use reasonable efforts to advise Tenant if such review indicates that Tenant Plans violate or fail to satisfy any requirements of Landlord’s Work. If Tenant Plans are not sufficient, as above set forth, Landlord shall notify Tenant of the insufficiency and Tenant shall cause such insufficiency to be remedied and the remedy shall be incorporated into Tenant Plans by Tenant at Tenant’s expense and resubmitted to Landlord, and the time involved in Tenant’s revision and resubmission of Tenant Plans shall constitute a Tenant Delay, unless Tenant’s Plans are prepared by Landlord’s professionals; it being further understood that the foregoing shall not diminish the effect of any intervening Change Order Delay. If Landlord determines that Tenant Plans are still not sufficient after Landlord’s review and Tenant’s resubmission, then the approval process described above will be repeated; provided, however, that Landlord agrees to review Tenant’s resubmission(s) as promptly as is reasonably practicable. Tenant shall make no changes to Tenant Plans after Landlord’s approval thereof without the prior written consent of Landlord, which approval shall not be unreasonably withheld, delayed or conditioned, and which changes shall be requested and implemented, if at all, only mechanics' liens in accordance with Section 9(b); and (iv) Lessee will defend, indemnify and hold Lessor and Lessor's Property harmless from and against all damage and liability arising from the procedures set forth below. Any delay making of any such leasehold improvements. (d) As used in substantial completion this Lease, "Lessee Delays" shall mean delays in Lessee's providing Lessor with information or approvals relevant to planning or constructing the Initial Improvements following written notice requesting such information or approvals, and delays in the performance of the Initial Improvements caused by change orders requested by Lessee (including any changes in the construction set forth on Tenant Plans (“Tenant Work”plans and specifications) or in Landlord’s Work resulting from such changes other acts or from an election by Tenant to incorporate special materials omissions of Lessee or designs in Tenant Plans shall be deemed to be a Tenant Delay and shall have the consequences herein set forth. Landlord shall notify Tenant as quickly as reasonably practicable after receipt of any changes to Tenant Plans if Landlord anticipates that the proposed changes will delay substantial completion of constructionLessee's agents, contractors, employees or others for whose actions Lessee is responsible.

Appears in 1 contract

Samples: Deed of Lease (CRL Network Services Inc)

Tenant Work. On Tenant shall, with the aid of a licensed architect or before July 15, 2003 Tenant shall cause to be prepared and sealed by an architect licensed in the State of New Jerseyengineer, and shall at Tenant’s sole cost and expense, complete plans and specifications for Tenant’s interior improvements, submit them to Landlord for its approval, all plans and specifications required for the leasehold improvements obtain Landlord’s approval prior to be constructed within the Premises commencement of construction (“Tenant PlansWork). The Tenant Work shall include, but not be limited to the following: (1) which HVAC system; (2) Interior lighting; (3) Insulation; (4) Office space within the Premises; (5) Lunch room/break room space within the Premises; (6) Interior walls and partitions and painting if required; (7) Plumbing within the Premises; (8) Floor and wall coverings; (9) All electrical distribution panels for Tenant Plans power and lighting, distribution lines and outlets, circuits, switches and related metering and hook-up charges; (10) Water and gas distribution and related metering and hook-up charges; (11) Telephone switch room, panel, distribution system; (12) Window coverings if required; (13) Interior and exterior Tenant signage; (14) Fire safety systems; (15) Restrooms; (16) Any roof screens for HVAC systems; (17) Any city and other agency fees; and (18) Other improvements specific to tenant’s occupancy. (19) Architectural design and structural engineering All Tenant Works shall be completed in substantial conformity in all respects with the plans a good and specifications previously provided to Landlord and priced by Landlord for the Tenant Work.. Tenant shall reasonably endeavor to use Landlord’s professionals to prepare the Tenant Plans. Any delay by Tenant in delivering the Tenant Plans as and when required hereunder shall constitute a Tenant Delay, unless caused in any workmanlike manner by Landlord or its agents, professional or contractors. Tenant Plans shall be sufficient so long as Tenant Plans (a) are complete, finished and include detailed architectural, electrical, plumbing, fire protection, HVAC and engineering drawings including all necessary dimensions and specifications and all finish schedules; (b) are practicable and consistent with Landlord’s Plans, subject to standard construction industry tolerances and subject to reasonable as-built field conditions not specified on Landlord’s Plans, (c) involve construction within the Premises only and do not adversely affect or compromise any portion of the Building, and (d) do not require any special materials or design or changes in or of the Building which is not then already set forth in Landlord’s Plans or in Landlord’s judgment cannot be accommodated without additional expense or delay. To the extent Tenant uses Landlord’s Architect to prepare such plans, Tenants Plans shall be deemed to comply hereunder. Tenant’s submission of Tenant Plans to Landlord shall be deemed approval thereof by Tenant. Such submission shall contain one complete electronic media (CAD) copy (said CAD copy to contain Premises plans only), four blue-line or black-line prints and one reproducible copy of each page. Tenant shall be solely responsible for the completeness and compliance of Tenant Plans with all applicable laws, codes and regulations, including without implied limitation, ADA, and all state and municipal permitting requirements. Landlord shall review Tenant Plans and respond to Tenant within thirty (30) days after submission, and should Landlord elect to have Tenant Plans reviewed by Landlord’s architects and engineers if Tenant’s Plans were not prepared by Landlord’s professionals. Tenant shall bear the reasonable expense of such review. Unless Tenant’s Plans are prepared by Landlord’s professionals, review and approval of Tenant Plans by Landlord (and its professionals, as aforesaid) shall in no instance be deemed or constitute a representation, warranty or confirmation by Landlord or by its professionals of any kind regarding the completeness of Tenant Plans or conformance therewith with applicable laws, codes or regulations, or permitting requirements, or with the requirements of Landlord’s Plans, or the adequacy of Tenant’s specifications or design, but rather Landlord’s review (and review by Landlord’s professionals) is for the protection of Landlord only; provided, however, that Landlord shall use reasonable efforts to advise Tenant if such review indicates that Tenant Plans violate or fail to satisfy any requirements of Landlord’s Work. If Tenant Plans are not sufficient, as above set forth, Landlord shall notify Tenant of the insufficiency and Tenant shall cause such insufficiency to be remedied and the remedy shall be incorporated into Tenant Plans by Tenant at Tenant’s expense sole cost and resubmitted expense, and all materials and equipment incorporated into the Tenant Improvements (i) will be new and free of defects, (ii) will conform to all applicable laws, ordinances and regulations of all duly constituted authorities, including without limitation, Title III of the Americans and Disabilities Act of 1990, all regulations issued thereunder and the Accessibility Guidelines for Buildings and Facilities issued pursuant thereto, as the same are in affect on the date hereof and may be hereafter modified, amended or supplemented (“Applicable Laws”), and (iii) will conform to the final working drawings approved by Landlord and Tenant, including all changes or modifications thereto approved by Landlord. The approved plan shall be attached to this Lease, as Exhibit D. Landlord conceptually approves the construction of improvements similar in quality to those installed at 0000 Xxxxxxx Xxxxxxxxxx, Xxxxx Xxxxx, Xxxxxxxxxx, but with not more than ten percent (10%) of the Premises allocated for “wet” laboratory use and the balance in “generic” improvements, subject to Landlord’s approval as to location and arrangement. Landlord will reasonably approve or disapprove said plans and specifications within five (5) days of receipt of plans and specifications. Landlord may reasonably disapprove of said plans and specifications for reasons including, but not limited to: location, distribution and percentage of floor coverings, dropped ceiling, restrooms (two core minimum per floor), plumbing, electrical, and/or mechanical systems which are inconsistent with future divisibility of the time involved in Tenant’s revision and resubmission of Tenant Plans shall constitute a Tenant Delay, unless Tenant’s Plans are prepared by Landlord’s professionals; it being further understood that the foregoing shall not diminish the effect of any intervening Change Order Delaybuilding for multi-tenant occupancy. If Landlord determines that has not notified Tenant Plans are still not sufficient after of approval or disapproval within five (5) days of receipt of plans and specifications, the plans and specifications shall be deemed approved. All substantive changes must be approved by Landlord. Tenant may select a general contractor subject to Landlord’s review and Tenant’s resubmission, then the approval process described above will be repeated; provided, however, that Landlord agrees to review Tenant’s resubmission(s) as promptly as is reasonably practicablereasonable consent. Tenant and general contractor shall make no changes diligently pursue to Tenant Plans after Landlord’s approval thereof without the prior written consent of Landlord, which approval shall not be unreasonably withheld, delayed or conditioned, and which changes shall be requested and implemented, if at all, only completion said improvements in accordance with the procedures set forth belowapproved plans and specifications. Any delay Tenant acknowledges that Landlord may record a Notice of Non-Responsibility in substantial completion of regards to the construction set forth on of Tenant Plans (“Tenant Work”) or in Landlord’s Work resulting from such changes or from an election by Tenant to incorporate special materials or designs in Tenant Plans shall be deemed to be a Tenant Delay and shall have the consequences herein set forth. Landlord shall notify Tenant as quickly as reasonably practicable after receipt of any changes to Tenant Plans if Landlord anticipates that the proposed changes will delay substantial completion of constructionImprovements.

Appears in 1 contract

Samples: Lease Agreement (Accelrys, Inc.)

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Tenant Work. On or before July 15Notwithstanding the foregoing, 2003 Tenant shall cause to be prepared and sealed by an architect licensed in the State of New Jersey, and shall submit to Landlord for its approval, all plans and specifications required for the leasehold improvements to be constructed within the Premises (“Tenant Plans”) which Tenant Plans shall be in substantial conformity in all respects with the plans and specifications previously provided to Landlord and priced by Landlord for Tenant acknowledge and agree that the Tenant Work.. Tenant Improvements shall reasonably endeavor to use Landlord’s professionals to prepare the Tenant Plans. Any delay by Tenant in delivering the Tenant Plans as and when required hereunder shall constitute a Tenant Delay, unless caused in any manner by Landlord or its agents, professional or contractors. Tenant Plans shall be sufficient so long as Tenant Plans (a) are complete, finished and include detailed architectural, electrical, plumbing, fire protection, HVAC and engineering drawings including all necessary dimensions and specifications and all finish schedules; (b) are practicable and consistent with Landlord’s Plans, subject to standard construction industry tolerances and subject to reasonable asconsist of non-built field conditions not specified on Landlord’s Plans, (c) involve construction within the Premises only and do not adversely affect or compromise any portion of the Building, and (d) do not require any special materials or design or changes in or of the Building which is not then already structural improvements list set forth in Landlord’s Plans or in Landlord’s judgment cannot be accommodated without additional expense or delay. To the extent Tenant uses Landlord’s Architect to prepare such plans, Tenants Plans shall be deemed to comply hereunder. Tenant’s submission of Tenant Plans to Landlord shall be deemed approval thereof by Tenant. Such submission shall contain one complete electronic media (CAD) copy (said CAD copy to contain Premises plans only), four blue-line or black-line prints below and one reproducible copy of each page. Tenant shall be solely responsible for the completeness and compliance of Tenant Plans with all applicable laws, codes and regulations, including without implied limitation, ADA, and all state and municipal permitting requirements. Landlord shall review Tenant Plans and respond to Tenant within thirty (30) days after submission, and should Landlord elect to have Tenant Plans reviewed by Landlord’s architects and engineers if Tenant’s Plans were not prepared by Landlord’s professionals. Tenant shall bear the reasonable expense of such review. Unless Tenant’s Plans are prepared by Landlord’s professionals, review and approval of Tenant Plans by Landlord (and its professionals, as aforesaid) shall in no instance be deemed or constitute a representation, warranty or confirmation by Landlord or by its professionals of any kind regarding the completeness of Tenant Plans or conformance therewith with applicable laws, codes or regulations, or permitting requirements, or with the requirements of Landlord’s Plans, or the adequacy of Tenant’s specifications or design, but rather Landlord’s review (and review by Landlord’s professionals) is for the protection of Landlord only; provided, however, that Landlord shall use reasonable efforts to advise Tenant if such review indicates that Tenant Plans violate or fail to satisfy any requirements of Landlord’s Work. If Tenant Plans are not sufficient, as above set forth, Landlord shall notify Tenant of the insufficiency and Tenant shall cause such insufficiency to be remedied and the remedy shall be incorporated into Tenant Plans by Tenant at Tenant’s expense and resubmitted to Landlord, and the time involved in Tenant’s revision and resubmission of Tenant Plans shall constitute a Tenant Delay, unless Tenant’s Plans are prepared by Landlord’s professionals; it being further understood that the foregoing shall not diminish the effect of any intervening Change Order Delay. If Landlord determines that Tenant Plans are still not sufficient after Landlord’s review and Tenant’s resubmission, then the approval process described above will be repeated; provided, however, that Landlord agrees to review Tenant’s resubmission(s) as promptly as is reasonably practicable. Tenant shall make no changes to Tenant Plans after Landlord’s approval thereof without the prior written consent of Landlord, which approval shall not be unreasonably withheld, delayed or conditioned, and which changes shall be requested and implemented, if at all, only in accordance with the procedures plan attached hereto as Schedule 1 to Exhibit B (the “Tenant Work List”) and which shall include the following furniture and improvements: a. Installation of such furniture and cubicles indicated on the attached Schedule 1 to Exhibit B; b. Re-key and/or change the locks for all doors, windows and entrances at the Premises and the Building; c. Install a security system for the Premises and Building, which shall include, among other things, a video element; d. Install data and electrical equipment in the server room; e. Cover all windows in the server room; f. Cover and enclose piping located in the server room as desired by Tenant; g. Undertake electrical work to allow for power to 75 to 100 work stations; h. Install a dishwasher, cooler and refrigerator in the kitchen; i. Add racks for storage and shelving in the copy area; j. Install a reception area in the Premises; k. Install a temporary satellite dish on the roof of the Building to communicate with the premises at 000 Xxxxx Xxxxxx until the required wiring/cable are completed for the Building and Premises, in accordance with Section 29.35 of the Lease; and l. Install an outside smoking area, as referred to in Section 1.1.3 of the Lease. In connection with the foregoing Tenant Improvements, Tenant shall not prepare and Landlord shall not require Tenant to prepare any plans and specifications other than the Tenant Work List set out above. Landlord hereby consents to the undertaking of all such Tenant Improvements consistent with the Tenant Work List and Tenant shall not otherwise be required to adhere to the requirements of this Work Letter or Article 8 of the Lease in connection with the installation thereof. Date: To: Copy to: Re: Dated: Between: BP MV TECHNOLOGY PARK LLC, a Delaware limited liability company, Lessor or Landlord, and , a , Lessee or Tenant Suite Number , [ ], CA [ ] and that the following terms and conditions are accurate and in full force and effect: Net rentable square feet .................................................... ______ Lease term ______ Lease commencement date ............................................... ______ Lease expiration date ______ Base rent schedule From............................. To: ..................... Monthly Rent $ Rent checks are Payable to: [APPROPRIATE ENTITY] Mailed to: [APPROPRIATE ADDRESS] All other inquiries to: Boston Properties Four Xxxxxxxxxxx Xxxxxx Xxxxx Xxxxx, Xxxxx Xxx Xxx Xxxxxxxxx, XX 00000 Telephone: 000-000-0000 Fax: 000-000-0000 If the Lease Commencement Date is other than the first day of the month, the first billing will contain a pro rata adjustment. Each billing thereafter, with the exception of the final billing, shall be for the full amount of the monthly installment as provided for in the Lease. Pursuant to Article 2 of the above referenced document, we request that you sign this letter where indicated below, confirming the information provided above, and return it to our representative below within 5 days of receipt. Per the lease language, however, failure to execute and return such notice within such time shall be conclusive that the information set forth belowis correct. Any delay in substantial completion of the construction set forth on Tenant Plans (“Tenant Work”) or in LandlordA second letter is enclosed for your files. Boston Properties, L.P. Agreed to and Accepted: By: Lease Administrator’s Work resulting from such changes or from an election by Tenant to incorporate special materials or designs in Tenant Plans shall be deemed to be a Tenant Delay and shall have the consequences herein set forth. Landlord shall notify Tenant as quickly as reasonably practicable after receipt of any changes to Tenant Plans if Landlord anticipates that the proposed changes will delay substantial completion of construction.name Date By: Date Lease Administration Its:

Appears in 1 contract

Samples: Office Lease (COUPONS.com Inc)

Tenant Work. On or before July April 15, 2003 2001, Tenant shall cause to be prepared and sealed by an architect licensed in the State Commonwealth of New JerseyPennsylvania, and shall submit to Landlord for its approval, all plans and specifications required for the leasehold improvements to be constructed within the Premises ("Tenant Plans”) which Tenant Plans shall be in substantial conformity in all respects with the plans and specifications previously provided to Landlord and priced by Landlord for the Tenant Work.. "). Tenant shall reasonably endeavor to use Landlord’s 's professionals to prepare the Tenant Plans. Any delay by Tenant in delivering the Tenant Plans as and when required hereunder shall constitute a Tenant Delay, unless caused in any manner by Landlord or its agents, professional or contractors. Tenant Plans shall be sufficient so long as Tenant Plans (a) are complete, finished and include detailed architectural, electrical, plumbing, fire protection, HVAC and engineering drawings including all necessary dimensions and specifications and all finish schedules; (b) are practicable and consistent with Landlord’s 's Plans, subject to standard construction industry tolerances and subject to reasonable as-built field conditions not specified on Landlord’s 's Plans, (c) involve construction within the Premises only and do not adversely affect or compromise any portion of the Building, and (d) do not require any special materials or design or changes in or of the Building which is not then already set forth in Landlord’s 's Plans or in Landlord’s judgment 's judgement cannot be accommodated without additional expense or delay. To the extent Tenant uses Landlord’s Architect to prepare such plans, Tenants Plans shall be deemed to comply hereunder. Tenant’s 's submission of Tenant Plans to Landlord shall be deemed approval thereof by Tenant. Such submission shall contain one complete electronic media (CAD) copy (said CAD copy to contain Premises plans only), four blue-line or black-line prints and one reproducible copy of each page. Tenant shall be solely responsible for the completeness and compliance of Tenant Plans with all applicable laws, codes and regulations, including without implied limitation, ADA, and all state and municipal permitting requirements. Landlord shall review Tenant Plans and respond to Tenant within thirty (30) days after submission, and should Landlord elect to have Tenant Plans reviewed by Landlord’s 's architects and engineers if Tenant’s Plans were not prepared by Landlord’s professionals. engineers, Tenant shall bear the reasonable expense of such review. Unless Tenant’s Plans are prepared by Landlord’s professionals, review Review and approval of Tenant Plans by Landlord (and its professionals, as aforesaid) shall in no instance be deemed or constitute a representation, warranty or confirmation by Landlord or by its professionals of any kind regarding the completeness of Tenant Plans or conformance therewith with applicable laws, codes or regulations, or permitting requirements, or with the requirements of Landlord’s 's Plans, or the adequacy of Tenant’s 's specifications or design, but rather Landlord’s 's review (and review by Landlord’s 's professionals) is for the protection of Landlord only; provided, however, that Landlord shall use reasonable efforts to advise Tenant if such review indicates that Tenant Plans violate or fail to satisfy any requirements of Landlord’s 's Work. If Tenant Plans are not sufficient, as above set forth, Landlord shall notify Tenant of the insufficiency and Tenant shall cause such insufficiency to be remedied and the remedy shall be incorporated into Tenant Plans by Tenant at Tenant’s 's expense and resubmitted to Landlord, and the time involved in Tenant’s 's revision and resubmission of Tenant Plans shall constitute a Tenant Delay, unless Tenant’s Plans are prepared by Landlord’s professionals; it being further understood that the foregoing shall not diminish the effect of any intervening Change Order Delay. If Landlord determines that Tenant Plans are still not sufficient after Landlord’s 's review and Tenant’s 's resubmission, then the approval process described above will be repeated; provided, however, that Landlord agrees to review Tenant’s 's resubmission(s) as promptly as is reasonably practicable. Tenant shall make no changes to Tenant Plans after Landlord’s 's approval thereof without the prior written consent of Landlord, which approval shall not be unreasonably withheld, delayed or conditioned, and which changes shall be requested and implemented, if at all, only in accordance with the procedures set forth below. Any delay in substantial completion of the construction set forth on Tenant Plans ("Tenant Work") or in Landlord’s 's Work resulting from such changes or from an election by Tenant to incorporate special materials or designs in Tenant Plans shall be deemed to be a Tenant Delay and shall have the consequences herein set forth. Landlord shall notify Tenant as quickly as reasonably practicable after receipt of any changes to Tenant Plans if Landlord anticipates that the proposed changes will delay substantial completion of construction.

Appears in 1 contract

Samples: Full Service Lease (Ict Group Inc)

Tenant Work. On (a) 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 before July 15improvements in connection with this extension of the Term, 2003 and for purposes of this Amendment any such work referred to as "Tenant Work"; (b) all Tenant Work, if any, shall cause be done subject to and in compliance with all conditions and provisions of the Existing Lease applicable to such alterations, additions or improvements, except as otherwise expressly provided in this Amendment; (c) without limiting the generality of the foregoing, Tenant's selection of Tenant's space planner and/or architect and Tenant's selection of a general contractor shall be prepared subject to Landlord's prior written approval, which shall not be unreasonably withheld or delayed and sealed by an architect licensed shall include contractors that have done work in the State of New Jersey, Building during Tenant's occupancy (and shall submit which have previously been acceptable to Landlord for its approval, Landlord); (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 or delayed; (e) if the Tenant Work does not exceed the amount of the Allowance, Tenant shall not be required to obtain a completion and lien indemnity bond for the leasehold Tenant Work; and (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 a CAD drawing package, to the extent such work is more than recarpeting and/or repainting. Landlord has approved the following contractors to perform the Tenant Work: Alfa Tech Consulting Enterprises, The Core Group Builders, Aqualine Piping, Canzam Electric, Southland Industries, Cintas Fire Protection, RFI, and Reliable Concepts Corporation. (b) 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 construction in compliance with (i) all laws, rules, orders, ordinances, directions, regulations and requirements of all governmental authorities, agencies, offices, departments, bureaus and boards having jurisdiction thereof, (ii) all rules, orders, directions, regulations and requirements of the pacific Fire Rating Bureau, or of any similar insurance body or bodies, and (iii) all rules and regulations of Landlord (collectively, referred to herein as "Laws"). Without limiting the generality of the foregoing, Landlord and Tenant acknowledge and agree that (a) such Laws include all building codes and regulations, Title 24, and the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et. seq.) and regulations and guidelines promulgated thereunder, as all of the same may be amended and supplemented from time to time (collectively referred to herein as the "ADA"); and (b) in the event that any work by Tenant triggers any upgrades or modifications of existing improvements in the Premises to comply with Law, Tenant shall also be responsible for such upgrades and modifications, at Tenant's sole cost and expense (subject to reimbursement to the extent of the Allowance). 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 within by Tenant in the Premises (“in sufficient detail to be submitted to Landlord for approval, to the extent required pursuant to paragraph 17 of the Existing Lease, and to be submitted by Tenant Plans”) which for governmental approvals and building permits and to serve as the detailed construction drawings and specifications for the contractor, and shall include, among other things, all partitions, doors, heating, ventilating and air conditioning installation and distribution, ceiling systems, light fixtures, plumbing installations, electrical installations and outlets, any other installations required by Tenant, fire and life-safety systems, wall finishes and floor coverings, whether to be newly installed or requiring changes from the as-is condition of the Premises as of the date of execution of the Existing Lease. Tenant Plans shall be responsible for the oversight, supervision and construction of all Tenant Work in substantial conformity compliance with this Existing Lease, including compliance with all Laws. (c) Landlord shall provide Tenant a tenant improvement allowance ("Allowance") in all respects with the plans amount of Three and specifications previously 00/100 Dollars ($3.00) per rentable square foot of the Premises. Only if and after at least thirty-three percent (33%) of the Allowance is used for the purposes specified above, and only after Tenant has completed the Tenant Work and provided to Landlord all the items required by this Section, if and priced by to the extent that any of the Allowance remains unused and available, Tenant may, upon written application to Landlord, use up to a maximum of One Hundred Ninety-Five Thousand Eight Hundred Twenty and 00/100 Dollars ($195,820.00) thereof (i.e., $2.00 per rentable square foot of the Premises) as a credit against rent coming due under the Lease. However, in no event shall Landlord for the Tenant Work.. Tenant shall reasonably endeavor have any obligation to use Landlord’s professionals to prepare the Tenant Plans. Any delay by Tenant in delivering the Tenant Plans as and when required hereunder shall constitute a Tenant Delay, unless caused in any manner by Landlord or its agents, professional or contractors. Tenant Plans shall be sufficient so long as Tenant Plans (a) are complete, finished and include detailed architectural, electrical, plumbing, fire protection, HVAC and engineering drawings including all necessary dimensions and specifications and all finish schedules; (b) are practicable and consistent with Landlord’s Plans, subject to standard construction industry tolerances and subject to reasonable as-built field conditions not specified on Landlord’s Plans, (c) involve construction within the Premises only and do not adversely affect or compromise disburse any portion of the BuildingAllowance after December 31, 2016, and (d) do not require any special materials balance remaining thereafter shall be retained by Landlord as its sole property and Landlord shall have no obligation or design liability to Tenant with respect to such excess. In no event shall the Allowance be used to reimburse any costs of designing, procuring or changes installing in or the Premises any trade fixtures, movable equipment, furniture, furnishings, telephone equipment, cabling for any of the Building which is not then already set forth in Landlord’s Plans foregoing, or in Landlord’s judgment cannot be accommodated without additional expense or delay. To other personal property (collectively "Personal Property" for purposes of this Amendment), and the extent Tenant uses Landlord’s Architect to prepare cost of such plans, Tenants Plans Personal Property shall be deemed to comply hereunder. Tenant’s submission of Tenant Plans to Landlord shall be deemed approval thereof paid by Tenant. Such submission shall contain one complete electronic media (CAD) copy (said CAD copy to contain Premises plans only), four blue-line or black-line prints and one reproducible copy of each page. Tenant The Allowance shall be solely responsible for the completeness and compliance of Tenant Plans with all applicable laws, codes and regulations, including without implied limitation, ADA, and all state and municipal permitting requirements. Landlord shall review Tenant Plans and respond paid to Tenant within thirty (30) days after submission, and should Landlord elect to have Tenant Plans reviewed by Landlord’s architects and engineers if Tenant’s Plans were not prepared by Landlord’s professionals. Tenant shall bear the reasonable expense later of such review. Unless Tenant’s Plans are prepared by Landlord’s professionals, review and approval of Tenant Plans by Landlord (and its professionals, as aforesaid) shall in no instance be deemed or constitute a representation, warranty or confirmation by Landlord or by its professionals of any kind regarding the completeness of Tenant Plans or conformance therewith with applicable laws, codes or regulations, or permitting requirements, or with the requirements of Landlord’s Plans, or the adequacy of Tenant’s specifications or design, but rather Landlord’s review (and review by Landlord’s professionals) is for the protection of Landlord only; provided, however, that Landlord shall use reasonable efforts to advise Tenant if such review indicates that Tenant Plans violate or fail to satisfy any requirements of Landlord’s Work. If Tenant Plans are not sufficient, as above set forth, Landlord shall notify Tenant of the insufficiency and Tenant shall cause such insufficiency to be remedied and the remedy shall be incorporated into Tenant Plans by Tenant at Tenant’s expense and resubmitted to Landlord, and the time involved in Tenant’s revision and resubmission of Tenant Plans shall constitute a Tenant Delay, unless Tenant’s Plans are prepared by Landlord’s professionals; it being further understood that the foregoing shall not diminish the effect of any intervening Change Order Delay. If Landlord determines that Tenant Plans are still not sufficient after Landlord’s review and Tenant’s resubmission, then the approval process described above will be repeated; provided, however, that Landlord agrees to review Tenant’s resubmission(s) as promptly as is reasonably practicable. Tenant shall make no changes to Tenant Plans after Landlord’s approval thereof without the prior written consent of Landlord, which approval shall not be unreasonably withheld, delayed or conditioned, and which changes shall be requested and implemented, if at all, only in accordance with the procedures set forth below. Any delay in substantial final completion of the construction set forth on Tenant Plans Work and Landlord's receipt of (i) a certificate of occupancy (if applicable), (ii) final as-built plans and specifications (if applicable due to the nature of the Tenant Work), (iii) or in Landlord’s Work resulting from such changes or from an election full, final, unconditional lien releases, and (iv) reasonable substantiation of costs incurred by Tenant with respect to incorporate special materials or designs in the Tenant Plans shall be deemed to be a Tenant Delay and shall have the consequences herein set forth. Landlord shall notify Tenant as quickly as reasonably practicable after receipt of any changes to Tenant Plans if Landlord anticipates that the proposed changes will delay substantial completion of constructionWork.

Appears in 1 contract

Samples: Lease (Ultratech Inc)

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