Tenant’s Agents. All subcontractors, laborers, materialmen, and suppliers used by Tenant for the Tenant Improvements for each applicable Construction Premises (such subcontractors, laborers, materialmen, and suppliers, and the Contractor to be known collectively as “Tenant’s Agents”) must be approved in writing by Landlord, which approval shall not be unreasonably withheld or delayed; provided that, in any event, Tenant must contract with Landlord’s base building subcontractors for any mechanical, electrical, plumbing, life-safety, structural, and HVAC work in such applicable Construction Premises. Tenant may use non-union labor to install and/or perform the Tenant Improvements for each applicable Construction Premises provided that Tenant’s use of such non-union labor to install and/or perform such Tenant Improvements does not result in any actual disruptions at, or actual disturbances to tenants of, the Complex, including, but not limited to, picketing, riots, strikes, and any other protests (each, a “Labor Disturbance”). If Tenant’s use of non-union labor to install and/or perform any such Tenant Improvements in the applicable Construction Premises results in a Labor Disturbance, Tenant shall take such action as is reasonably necessary, or reasonably directed by Landlord, to cause such Labor Disturbance to permanently cease within twenty-four (24) hours after the commencement of such Labor Disturbance and, if Tenant fails to cause such Labor Disturbance to permanently cease within twenty-four (24) hours after the commencement of such Labor Disturbance, then Tenant shall immediately thereafter terminate the non-union contracts for the trades causing such Labor Disturbance (the “Picketing Trades”) and retain only union labor to perform the applicable Tenant Improvements for such Picketing Trades.
Appears in 2 contracts
Samples: Lease Agreement (Fusion-Io, Inc.), Lease Agreement (Fusion-Io, Inc.)
Tenant’s Agents. All subcontractors, laborers, materialmen, and suppliers used by Tenant for the Tenant Improvements for each applicable Construction Premises (such subcontractors, laborers, materialmen, and suppliers, and the Contractor to be known collectively as “Tenant’s Agents”) must be approved in writing by Landlord, which approval shall not be unreasonably withheld or delayed; , provided thatthat (i) Tenant shall be required to retain Landlord’s designated subcontractors with regard to hvac controls and fire/life safety (provided that such vendors shall provide services at commercially reasonable rates) and Tenant shall further be required to retain Landlord’s designated riser management company as provided for in Section 29.32 of this Lease (so long as, in any each event, the same are reasonably competitively priced), and (ii) all subcontractors retained in connection with the Tenant must contract with improvements shall be union for all trades other than audio/visual, security, low voltage, IT and furniture delivery/installation. Landlord hereby acknowledges and agrees that Tenant shall be entitled to retain locksmith and access control subcontractors selected by Tenant (subject to Landlord’s base building subcontractors approval as provided for any mechanicalhereinabove); provided, electricalhowever, plumbing, life-safety, structuralthat (i) all keys/locks shall be compatible with the Building standard locking system, and HVAC work (ii) all costs incurred in such applicable Construction Premises. Tenant may use non-union labor to install and/or perform the Tenant Improvements for each applicable Construction Premises connection therewith shall be Tenant’s responsibility (provided that any unused Tenant Improvement Allowance may be utilized thereof, subject to and in accordance with the terms of this Tenant Work Letter). Landlord shall respond to any approval request hereunder within live (5) business days, provided that the entities listed on Schedule 1 attached hereto are approved if selected by Tenant. If Landlord does not approve any of Tenant’s use of such non-union labor to install and/or perform such Tenant Improvements does not result in any actual disruptions atproposed subcontractors, laborers, materialmen or actual disturbances to tenants of, the Complex, including, but not limited to, picketing, riots, strikes, and any other protests (each, a “Labor Disturbance”). If Tenant’s use of non-union labor to install and/or perform any such Tenant Improvements in the applicable Construction Premises results in a Labor Disturbancesuppliers, Tenant shall take such action as is reasonably necessarysubmit other proposed subcontractors, laborers, materialmen or reasonably directed by suppliers for Landlord, to cause such Labor Disturbance to permanently cease within twenty-four (24) hours after the commencement of such Labor Disturbance and, if Tenant fails to cause such Labor Disturbance to permanently cease within twenty-four (24) hours after the commencement of such Labor Disturbance, then Tenant shall immediately thereafter terminate the non-union contracts for the trades causing such Labor Disturbance (the “Picketing Trades”) and retain only union labor to perform the applicable Tenant Improvements for such Picketing Trades’s written approval.
Appears in 2 contracts
Samples: Office Lease (ServiceTitan, Inc.), Office Lease (ServiceTitan, Inc.)
Tenant’s Agents. All subcontractors, laborers, materialmen, and suppliers subcontractors used by Tenant for the Tenant Improvements for each applicable Construction Premises (such subcontractors, laborers, materialmen, and suppliers, and the Contractor to be known collectively as “Tenant’s Agents”) must be reasonably experienced in performance of comparable subtrade work in tenant improvement projects in first class office buildings and, subject to the terms of this Section 4.1.2, approved in writing by Landlord, which approval shall not be unreasonably withheld withheld, conditioned or delayed. Tenant reserves the right to require competitive bids for the Tenant Improvement work; provided, however that (a) the mechanical and electrical subcontractors shall be selected from a list of at least three pre-approved subcontractors provided thatby Landlord, in any event, or if Tenant must contract with desires to use a subcontractor not on Landlord’s base building pre-approved list, said subcontractor shall be subject to Landlord’s reasonable approval and (b) Landlord reserves the right to require Tenant to use its subcontractors for any mechanicalwork related to the exterior building skin, electricalfire alarm tie in, plumbing, life-safety, structural, roofing or mechanical system controls; and HVAC work in such applicable Construction Premises. Tenant may use non-union labor to install and/or perform the Tenant Improvements for each applicable Construction Premises (c) except as provided that Tenant’s use of such non-union labor to install and/or perform such Tenant Improvements does not result in any actual disruptions at, or actual disturbances to tenants of, the Complex, including, but not limited to, picketing, riots, strikes, and any other protests (each, a “Labor Disturbance”). If Tenant’s use of non-union labor to install and/or perform any such Tenant Improvements in the applicable Construction Premises results in a Labor Disturbanceabove, Tenant shall take such action have the right to select, review, and approve all subcontractors, including information technology subcontractors, that will be involved in the design and construction of the Tenant Improvements, at Tenant’s sole discretion; provided, however said subcontractors are capable of performing the quality of work consistent with a Class A office/R&D building and the work performed by said subcontractors does not violate any of Landlord’s existing warranties. Tenant’s subcontractors, laborers, materialmen, and suppliers and the Contractor are collectively referred to herein as is reasonably necessary, or reasonably directed by Landlord, to cause such Labor Disturbance to permanently cease within twenty-four (24) hours after the commencement of such Labor Disturbance and, if Tenant fails to cause such Labor Disturbance to permanently cease within twenty-four (24) hours after the commencement of such Labor Disturbance, then Tenant shall immediately thereafter terminate the non-union contracts for the trades causing such Labor Disturbance (the “Picketing TradesTenant’s Agents”) and retain only union labor to perform the applicable Tenant Improvements for such Picketing Trades).
Appears in 2 contracts
Samples: Triple Net Space Lease (Cloudera, Inc.), Triple Net Space Lease (Cloudera, Inc.)
Tenant’s Agents. All subcontractors, laborers, materialmen, and suppliers used by Tenant for the Tenant Improvements for each applicable Construction Premises (such subcontractors, laborers, materialmen, and suppliers, and the Contractor to be known collectively as “Tenant’s Agents”) must be approved in writing by Landlord, which approval shall not be unreasonably withheld or delayed; , provided thatthat (i) Tenant shall be required to retain Landlord’s designated subcontractors with regard to hvac controls and fire/life safety (provided that such vendors shall provide services at commercially reasonable rates) and Tenant shall further be required to retain Landlord’s designated riser management company as provided for in Section 29.32 of the Original Lease (so long as, in any each event, Tenant must contract with Landlord’s base building subcontractors for any mechanical, electrical, plumbing, life-safety, structuralthe same are reasonably competitively priced), and HVAC work (ii) all subcontractors retained in such applicable Construction Premises. Tenant may use non-union labor to install and/or perform connection with the Tenant Improvements shall be union for each applicable Construction Premises all trades other than audio/visual, security, low voltage, IT and furniture delivery/installation. Landlord hereby acknowledges and agrees that Tenant shall be entitled to retain locksmith and access control subcontractors selected by Tenant (subject to Landlord’s approval as provided for hereinabove); provided, however, that (i) all keys/locks shall be compatible with the Building standard locking system, and (ii) all costs incurred in connection therewith shall be Tenant’s responsibility (provided that any unused Tenant Improvement Allowance may be utilized thereof, subject to and in accordance with the terms of this Tenant Work Letter). Landlord shall respond to any approval request hereunder within five (5) business days, provided that the entities listed on Schedule 1 attached hereto are approved if selected by Tenant. If Landlord does not approve any of Tenant’s use of such non-union labor to install and/or perform such Tenant Improvements does not result in any actual disruptions atproposed subcontractors, laborers, materialmen or actual disturbances to tenants of, the Complex, including, but not limited to, picketing, riots, strikes, and any other protests (each, a “Labor Disturbance”). If Tenant’s use of non-union labor to install and/or perform any such Tenant Improvements in the applicable Construction Premises results in a Labor Disturbancesuppliers, Tenant shall take such action as is reasonably necessarysubmit other proposed subcontractors, laborers, materialmen or reasonably directed by suppliers for Landlord, to cause such Labor Disturbance to permanently cease within twenty-four (24) hours after the commencement of such Labor Disturbance and, if Tenant fails to cause such Labor Disturbance to permanently cease within twenty-four (24) hours after the commencement of such Labor Disturbance, then Tenant shall immediately thereafter terminate the non-union contracts for the trades causing such Labor Disturbance (the “Picketing Trades”) and retain only union labor to perform the applicable Tenant Improvements for such Picketing Trades’s written approval.
Appears in 2 contracts
Samples: Office Lease (ServiceTitan, Inc.), Office Lease (ServiceTitan, Inc.)
Tenant’s Agents. All subcontractors, laborers, materialmen, and suppliers used by Tenant for the Tenant Improvements for each applicable Construction Premises (such subcontractors, laborers, materialmen, and suppliers, and the Contractor to be known collectively as “Tenant’s Agents”) must be approved in writing by Landlord, which approval shall not be unreasonably withheld or delayed; , provided thatthat (i) Tenant shall be required to retain Landlord’s designated subcontractors with regard to hvac controls and fire/life safety (provided that such vendors shall provide services at commercially reasonable rates) and Tenant shall further be required to retain Xxxxxxxx’s designated riser management company as provided for in Section 29.32 of the Original Lease (so long as, in any each event, Tenant must contract with Landlord’s base building subcontractors for any mechanical, electrical, plumbing, life-safety, structuralthe same are reasonably competitively priced), and HVAC work (ii) all subcontractors retained in such applicable Construction Premises. Tenant may use non-union labor to install and/or perform connection with the Tenant Improvements shall be union for each applicable Construction Premises all trades other than audio/visual, security, low voltage, IT and furniture delivery/installation. Landlord hereby acknowledges and agrees that Tenant shall be entitled to retain locksmith and access control subcontractors selected by Tenant (subject to Landlord’s approval as provided for hereinabove); provided, however, that (i) all keys/locks shall be compatible with the Building standard locking system, and (ii) all costs incurred in connection therewith shall be Tenant’s responsibility (provided that any unused Tenant Improvement Allowance may be utilized thereof, subject to and in accordance with the terms of this Tenant Work Letter). Landlord shall respond to any approval request hereunder within five (5) business days, provided that the entities listed on Schedule 1 attached hereto are approved if selected by Tenant. If Landlord does not approve any of Tenant’s use of such non-union labor to install and/or perform such Tenant Improvements does not result in any actual disruptions atproposed subcontractors, laborers, materialmen or actual disturbances to tenants of, the Complex, including, but not limited to, picketing, riots, strikes, and any other protests (each, a “Labor Disturbance”). If Tenant’s use of non-union labor to install and/or perform any such Tenant Improvements in the applicable Construction Premises results in a Labor Disturbancesuppliers, Tenant shall take such action as is reasonably necessarysubmit other proposed subcontractors, laborers, materialmen or reasonably directed by suppliers for Landlord, to cause such Labor Disturbance to permanently cease within twenty-four (24) hours after the commencement of such Labor Disturbance and, if Tenant fails to cause such Labor Disturbance to permanently cease within twenty-four (24) hours after the commencement of such Labor Disturbance, then Tenant shall immediately thereafter terminate the non-union contracts for the trades causing such Labor Disturbance (the “Picketing Trades”) and retain only union labor to perform the applicable Tenant Improvements for such Picketing Trades’s written approval.
Appears in 1 contract
Samples: Office Lease (ServiceTitan, Inc.)
Tenant’s Agents. Tenant shall cause the construction of the Tenant Improvements. All subcontractorscontractors, laborers, materialmen, and suppliers used by Tenant for the Tenant Improvements for each applicable Construction Premises (such subcontractors, laborers, materialmen or suppliers, as well as engineers, project manager, broker, architect, Tenant's employees engaged in the review of the design and construction of the Tenant Improvements, laborers, materialmen, and suppliers, and the Contractor to shall hereafter be known collectively as “Tenant’s Agents”"TENANT'S AGENTS") must must, to the extent any such Agents are working on-site at the Premises, be approved in writing by Landlord, which approval shall not be unreasonably withheld withheld, conditioned or delayed; provided that, in any event, Tenant must contract with delayed and shall be granted or denied within three (3) business days of Tenant's Notice to Landlord requesting Landlord’s base building subcontractors for any mechanical, electrical, plumbing, life-safety, structural, and HVAC work in such applicable Construction Premises's approval of the same. Tenant may use non-union labor to install and/or perform To the Tenant Improvements for each applicable Construction Premises provided that extent utilized by Tenant’s use of such non-union labor to install and/or perform such Tenant Improvements does not result in any actual disruptions at, or actual disturbances to tenants of, the Complexfollowing subcontractors and consultants are hereby pre-approved by Landlord: (A) SUBCONTRACTORS: (i) XX Xxxxxx Sprinkler Company (Fire Protection); (ii) Xxxx Electric (Electrical); (iii) Xxxx Mechanical Corporation (Plumbing); (iv) ACCO (HVAC); and (v) Xxxxxx Brothers (Framing and Drywall); (B) CONSULTANTS: (i) Xxxxxx/Xxxxxx Associates (Mechanical & Plumbing Engineering); (ii) Xxxxxx/Seegal Associates (Electrical Engineering); and (iii) Xxxxxx Xxxxxxxxx Consulting Engineers (Structural Engineering) Xxxxxxx Xxxxx Consultants, includingif selected by Tenant, but not limited tois hereby approved as Tenant's project manager. The Contractor and the Contractor's subcontractors (collectively "TENANT'S CONTRACTORS") and their respective workers shall conduct their activities in and around the Premises, picketing, riots, strikes, Building and any other protests (each, a “Labor Disturbance”). If Tenant’s use of non-union labor to install and/or perform any such Tenant Improvements in the applicable Construction Premises results Project in a Labor Disturbanceharmonious relationship with all other subcontractors, Tenant shall take such action as is reasonably necessarylaborers, or reasonably directed by Landlordmaterialmen and supplies at the Premises, to cause such Labor Disturbance to permanently cease within twenty-four (24) hours after the commencement of such Labor Disturbance and, if Tenant fails to cause such Labor Disturbance to permanently cease within twenty-four (24) hours after the commencement of such Labor Disturbance, then Tenant shall immediately thereafter terminate the non-union contracts for the trades causing such Labor Disturbance (the “Picketing Trades”) Building and retain only union labor to perform the applicable Tenant Improvements for such Picketing TradesProject.
Appears in 1 contract
Samples: Office Lease (Etoys Inc)
Tenant’s Agents. All subcontractors, laborers, materialmen, and suppliers used by Tenant for the Tenant Improvements for each applicable Construction Premises (such subcontractors, laborers, materialmen, and suppliers, and the Contractor to be known collectively as “"Tenant’s 's Agents”") must be approved in writing by Landlord, which approval shall not be unreasonably withheld or delayed; provided thatdelayed and which approval shall, in if withheld or conditioned with regard to any eventsuch Tenant's Agents, be made within two (2) business days following Landlord's receipt of the corresponding request for such approval from Tenant. If Landlord does not approve any of Tenant's proposed subcontractors, laborers, materialmen or suppliers, Tenant must contract with shall submit other proposed subcontractors, laborers, materialmen or suppliers for Landlord’s base building subcontractors for 's written approval. If Landlord has not timely approved any mechanicalof Tenant's Agents within the applicable time period set forth above, electricalTenant shall have the right to send a "reminder notice" to Landlord, plumbing, life-safety, structural, and HVAC work in such applicable Construction Premises. Tenant which conspicuously indicates that Landlord's continued failure to respond may use non-union labor to install and/or perform the Tenant Improvements for each applicable Construction Premises provided that Tenant’s use of such non-union labor to install and/or perform such Tenant Improvements does not result in any actual disruptions atthe deemed approval of the particular Tenant's Agents (which notice shall be delivered to Landlord pursuant to the terms of the Lease, or actual disturbances shall clearly state the following in bold: "LANDLORD'S FAILURE TO RESPOND WITHIN THREE (3) BUSINESS DAYS SHALL RESULT IN THE DEEMED APPROVAL OF THE TENANT'S AGENTS," and shall also be sent via electronic mail to tenants of, the Complex, including, but not limited to, picketing, riots, strikes, and any other protests (each, a “Labor Disturbance”Landlord's representative set forth in Section 5.2 below). If Landlord fails to respond to Tenant regarding the particular Tenant’s use 's Agents within three (3) business days after its receipt of non-union labor to install and/or perform any such Tenant Improvements the reminder notice identified in the applicable Construction Premises results preceding sentence, then those Tenant's Agents expressly identified in a Labor Disturbance, Tenant the reminder notice shall take such action as is reasonably necessary, or reasonably directed be deemed to have been approved by Landlord; provided, however, in no event shall such "deemed approval" occur to cause such Labor Disturbance to permanently cease within twenty-four (24) hours after the commencement of such Labor Disturbance and, if Tenant fails to cause such Labor Disturbance to permanently cease within twenty-four (24) hours after extent the commencement of such Labor Disturbance, then Tenant shall immediately thereafter terminate parties are in discussions regarding the non-union contracts for Tenant's Agents or Landlord has requested information regarding the trades causing such Labor Disturbance (the “Picketing Trades”) and retain only union labor to perform the applicable Tenant Improvements for such Picketing TradesTenant's Agents which has not yet been provided.
Appears in 1 contract
Tenant’s Agents. All subcontractors, laborers, materialmen, and suppliers used by Tenant for the Tenant Improvements for each applicable Construction Premises (such subcontractors, laborers, materialmen, and suppliers, and the Contractor to be known collectively as “"Tenant's Agents") shall be subject to Landlord’s Agents”) must be approved in writing by Landlordapproval, which approval shall not be unreasonably withheld withheld, conditioned or delayeddelayed (as so approved by Landlord, the “Approved Subcontractors”), and shall be subject to Landlord's reasonable rules and regulations for the construction of improvements in the Building, so long as Landlord has provided a copy of such rules and regulations to Tenant’s Representative; provided that, in that Landlord shall not require that the Contractor engage any event, Tenant must contract particular subcontractor for a Major Trade Component (as hereinafter defined) as an Approved Subcontractor unless such subcontractor submits a bid for the work of such Major Trade Component that is reasonably competitive with Landlord’s base building the bids submitted by other qualified subcontractors bidding for such Major Trade Component. "Major Trade Components" shall mean any mechanical, electrical, plumbing, life-safety, structural, electrical and HVAC plumbing work in such applicable Construction Premises. of a Project of Tenant may use non-union labor to install and/or perform the Tenant Improvements for each applicable Construction Premises provided that Tenant’s use of such non-union labor to install and/or perform such Tenant Improvements does not result in any actual disruptions at, or actual disturbances to tenants of, the Complex, including, but not limited to, picketing, riots, strikes, and any other protests (each, a “Labor Disturbance”)Improvements. If Tenant’s use Tenant reasonably determines that the proposed cost of non-union labor work to install and/or perform be performed by any subcontractor required by Landlord to be engaged as an Approved Subcontractor for any Major Trade Component of any Project is substantially in excess of competitive proposals for such Tenant Improvements in work provided by qualified subcontractors other than the applicable Construction Premises results in a Labor Disturbance, Tenant shall take such action as is reasonably necessary, or reasonably directed subcontractor required by Landlord, then Landlord and Tenant shall promptly and reasonably cooperate with one another to cause such Labor Disturbance agree upon a list of mutually-satisfactory subcontractors willing to permanently cease within twenty-four (24) hours after submit a reasonably competitive bid for the commencement work of such Labor Disturbance andMajor Trade Component, if from whom Tenant fails to cause such Labor Disturbance to permanently cease within twenty-four (24) hours after will select the commencement Approved Subcontractor for the applicable Major Trade Component of such Labor Disturbance, then Tenant shall immediately thereafter terminate the non-union contracts for the trades causing such Labor Disturbance (the “Picketing Trades”) and retain only union labor to perform the applicable Tenant Improvements for such Picketing TradesProject.
Appears in 1 contract
Samples: Lease (Nuvasive Inc)
Tenant’s Agents. All subcontractors, laborers, materialmen, and suppliers used by Tenant for the Tenant Improvements for each applicable Construction Premises (such subcontractors, laborers, materialmen, and suppliers, and the Contractor to be known collectively as “"Tenant’s 's Agents”") must be approved in writing by Landlord, which approval shall not be unreasonably withheld or delayedconditioned, and shall be granted or denied within five (5) business days of Tenant's request for Landlord's consent; provided that, in any event, Tenant must contract with Landlord’s 's base building subcontractors for any mechanical, electrical, plumbing, life-safety, structuralwork affecting any life safety work (the cost of which work shall be reasonably consistent with competitive based pricing, and HVAC work in such applicable Construction Premises. Tenant may use non-union labor to install and/or perform the Tenant Improvements for each applicable Construction Premises provided that Tenant’s use of such non-union labor to install and/or perform such Tenant Improvements does not result in any actual disruptions at, or actual disturbances to tenants of, the Complex, including, but not limited to, picketing, riots, strikes, and any other protests (each, a “Labor Disturbance”). If Tenant’s use of non-union labor to install and/or perform any such Tenant Improvements in the applicable Construction Premises results in a Labor Disturbance, Tenant Landlord shall take such action as is reasonably necessary, or reasonably directed by Landlord, to cause such Labor Disturbance subcontractors to permanently cease within twenty-four (24) hours after charge Tenant on the commencement of same price structure that Landlord obtains from such Labor Disturbance and, if Tenant fails to cause such Labor Disturbance to permanently cease within twenty-four (24) hours after the commencement of such Labor Disturbance, then Tenant shall immediately thereafter terminate the non-union contracts subcontractors when it performs work for Landlord when it is for Landlord's own account and Landlord is not being reimbursed for the trades causing such Labor Disturbance work) or, alternatively, select its own subcontractors (the “Picketing Trades”subject to Landlord's prior approval, which shall not be unreasonably withheld or delayed) and retain only reimburse Landlord from the remaining Tenant 804296.08/LAH4321-047/10-7/08/nng/law EXHIBIT X-00- XXXXX XXXX XXXXX[Xxxxx Xxxx Lease] Improvement Allowance for Landlord's out-of-pocket costs incurred in having its base building contractors review such work. All of Tenant's Agents shall have labor union labor to perform the applicable Tenant Improvements for such Picketing Tradesaffiliations that are compatible with those affiliations (if any) of workmen employed by Landlord and its contractors and subcontractors.
Appears in 1 contract
Samples: Office/Retail Lease (KBS Real Estate Investment Trust II, Inc.)
Tenant’s Agents. All subcontractors, laborers, materialmen, major trade subcontractors and suppliers used by Tenant for the Tenant Improvements for each applicable Construction Premises (such subcontractors, major trade subcontractors and material suppliers along with all other laborers, materialmen, and suppliers, and the Contractor to be known collectively as “Tenant’s Agents”) must be approved in writing by Landlord, which approval shall not be unreasonably withheld withheld, conditioned or delayed; , provided that, in any eventsubject to the terms hereof, Tenant must contract with Landlord’s base building subcontractors for any mechanicalshall cause the designated structural, electrical, plumbingHVAC, life-safety, structuralmechanical, and HVAC work curtainwall subcontractors to be retained in such applicable Construction Premises. Tenant may use non-union labor to install and/or perform connection with the Tenant Improvements for each applicable Construction Premises provided that Improvements. Landlord shall, within four (4) business days after Landlord’s receipt of the name of any proposed Tenant’s use of Agent either provide such non-union labor to install and/or perform such Tenant Improvements approval or disapproval, along with reasons therefor. If Landlord does not result in approve any actual disruptions at, or actual disturbances to tenants of, the Complex, including, but not limited to, picketing, riots, strikes, and any other protests (each, a “Labor Disturbance”). If of Tenant’s use of non-union labor to install and/or perform any such Tenant Improvements in the applicable Construction Premises results in a Labor Disturbanceproposed subcontractors, laborers, materialmen or suppliers, Tenant shall take such action as is reasonably necessarysubmit other proposed subcontractors, laborers, materialmen or reasonably directed by suppliers for Landlord’s written approval. The Contractor and the Contractor’s subcontractors (collectively, “Tenant’s Contractors”) and their respective workers shall conduct their activities in and around the Premises, the Building and the Project in a harmonious relationship with all other subcontractors, laborers, materialmen and supplies at the Premises, the Building and the Project. In the event Landlord fails to cause such Labor Disturbance promptly respond to permanently cease Tenant’s request for approval of Tenant’s Contractors within twenty-said four (244) hours after the commencement of such Labor Disturbance and, if Tenant fails to cause such Labor Disturbance to permanently cease within twenty-four (24) hours after the commencement of such Labor Disturbancebusiness day period, then Tenant may resubmit the same to Landlord’s representative with a cover letter stating “Landlord’s failure to respond within four (4) business days shall immediately result in the deemed approval of the attached” in all capital letters and in bold face type. In the event Landlord thereafter terminate fails to respond thereto by the non-union contracts for date which is the trades causing such Labor Disturbance later of the original response period set forth above or the four (4) business days following the “Picketing Trades”) and retain only union labor to perform second notice, then the applicable Tenant Improvements for such Picketing Tradesrequest shall be deemed approved by Landlord.
Appears in 1 contract
Samples: Triple Net Lease (C3.ai, Inc.)
Tenant’s Agents. All subcontractors, laborers, materialmen, and suppliers used by Tenant for the Tenant Improvements for each applicable Construction Premises (such subcontractors, laborers, materialmen, and suppliers, and the Contractor to be known collectively as “"Tenant’s 's Agents”") must be approved in writing by Landlord, which approval shall not be unreasonably withheld or delayed; provided thatdelayed and which approval shall, in if withheld or conditioned with regard to any eventsuch Tenant's Agents, be made within two (2) business days following Landlord's receipt of the corresponding request for such approval from Tenant. If Landlord does not approve any of Tenant's proposed subcontractors, laborers, materialmen or suppliers, Tenant must contract with shall submit other proposed subcontractors, laborers, materialmen or suppliers for Landlord’s base building subcontractors for 's written 712812.03/WLA 214064-00120/9-26-13/gjn/gjn -7- 0000 XXXXXXXX XXXXX, XXX XXXXX [Second Amendment/Substitute Premises Amendment] [Entropic Communications, Inc.] approval. If Landlord has not timely approved any mechanicalof Tenant's Agents within the applicable time period set forth above, electricalTenant shall have the right to send a "reminder notice" to Landlord, plumbing, life-safety, structural, and HVAC work in such applicable Construction Premises. Tenant which conspicuously indicates that Landlord's continued failure to respond may use non-union labor to install and/or perform the Tenant Improvements for each applicable Construction Premises provided that Tenant’s use of such non-union labor to install and/or perform such Tenant Improvements does not result in any actual disruptions atthe deemed approval of the particular Tenant's Agents (which notice shall be delivered to Landlord pursuant to the terms of the Lease, or actual disturbances shall clearly state the following in bold: "LANDLORD'S FAILURE TO RESPOND WITHIN THREE (3) BUSINESS DAYS SHALL RESULT IN THE DEEMED APPROVAL OF THE TENANT'S AGENTS," and shall also be sent via electronic mail to tenants of, the Complex, including, but not limited to, picketing, riots, strikes, and any other protests (each, a “Labor Disturbance”Landlord's representative set forth in Section 5.2 below). If Landlord fails to respond to Tenant regarding the particular Tenant’s use 's Agents within three (3) business days after its receipt of non-union labor to install and/or perform any such Tenant Improvements the reminder notice identified in the applicable Construction Premises results preceding sentence, then those Tenant's Agents expressly identified in a Labor Disturbance, Tenant the reminder notice shall take such action as is reasonably necessary, or reasonably directed be deemed to have been approved by Landlord; provided, however, in no event shall such "deemed approval" occur to cause such Labor Disturbance to permanently cease within twenty-four (24) hours after the commencement of such Labor Disturbance and, if Tenant fails to cause such Labor Disturbance to permanently cease within twenty-four (24) hours after extent the commencement of such Labor Disturbance, then Tenant shall immediately thereafter terminate parties are in discussions regarding the non-union contracts for Tenant's Agents or Landlord has requested information regarding the trades causing such Labor Disturbance (the “Picketing Trades”) and retain only union labor to perform the applicable Tenant Improvements for such Picketing TradesTenant's Agents which has not yet been provided.
Appears in 1 contract
Tenant’s Agents. All subcontractors, laborers, materialmen, and suppliers used by Tenant for the Tenant Improvements for each applicable Construction Premises (such subcontractors, laborers, materialmen, and suppliers, and the Contractor to be known collectively as “"Tenant’s 's Agents”") must be approved in writing by Landlord, which approval shall not be unreasonably withheld or delayed; provided thatdelayed and which approval shall, in if withheld or conditioned with regard to any eventsuch Tenant's Agents, be made within two (2) business days following Landlord's receipt of the corresponding request for such approval from Tenant. If Landlord does not approve any of Tenant's proposed subcontractors, laborers, materialmen or suppliers, Tenant must contract with shall submit other proposed subcontractors, laborers, materialmen or suppliers for Landlord’s base building subcontractors for 's written approval. If Landlord has not timely approved any mechanicalof Tenant's Agents within the applicable time period set forth above, electricalTenant shall have the right to send a "reminder notice" to Landlord, plumbing, life-safety, structural, and HVAC work in such applicable Construction Premises. Tenant which conspicuously indicates that Landlord's continued failure to respond may use non-union labor to install and/or perform the Tenant Improvements for each applicable Construction Premises provided that Tenant’s use of such non-union labor to install and/or perform such Tenant Improvements does not result in any actual disruptions atthe deemed approval of the particular Tenant's Agents (which notice shall be delivered to Landlord pursuant to the terms of the Lease, or actual disturbances shall clearly state the following in bold: "LANDLORD'S FAILURE TO RESPOND WITHIN THREE (3) BUSINESS DAYS SHALL RESULT IN THE DEEMED APPROVAL OF THE TENANT'S AGENTS," and shall also be sent via electronic mail to tenants of, the Complex, including, but not limited to, picketing, riots, strikes, and any other protests (each, a “Labor Disturbance”Landlord's representative set forth in Section 5.2 below). If Landlord fails to respond to Tenant regarding the particular Tenant’s use 's Agents within three (3) business days after its receipt of non-union labor to install and/or perform any such Tenant Improvements the reminder notice identified in the applicable Construction Premises results in a Labor Disturbance, Tenant shall take such action as is reasonably necessary, or reasonably directed by Landlord, to cause such Labor Disturbance to permanently cease within twenty-four (24) hours after the commencement of such Labor Disturbance and, if Tenant fails to cause such Labor Disturbance to permanently cease within twenty-four (24) hours after the commencement of such Labor Disturbancepreceding sentence, then Tenant those Tenant's Agents expressly identified in the reminder notice shall immediately thereafter terminate be deemed to have been approved by Landlord; provided, however, in no event shall such "deemed approval" occur to the non-union contracts for extent the trades causing such Labor Disturbance (parties are in discussions regarding the “Picketing Trades”) and retain only union labor to perform Tenant's Agents or Landlord has requested information regarding the applicable Tenant Improvements for such Picketing TradesTenant's Agents which has not yet been provided.
Appears in 1 contract
Samples: Sublease (Dexcom Inc)
Tenant’s Agents. All subcontractorssubcontractors (including all fire sprinkler tradesmen), laborers, materialmen, and suppliers used by Tenant for the Tenant Improvements for each applicable Construction Premises (such subcontractors, laborers, materialmen, and suppliers, and the Contractor Contractor, the Architect, and all other contractors, engineers and consultants retained by the Tenant to be known collectively as “Tenant’s Agents”) must be approved licensed, competent, reputable, and experienced in writing by Landlord, which approval shall not be unreasonably withheld or delayedhigh-end office space construction in Santa Xxxxxx; provided that, in any event, Tenant must contract with Landlordthe contractors specified in the Construction Rules, Requirements, Specifications, Design Criteria and Building Standards for the following trades as long as Tenant or its Contractor is not required to pay such subcontractors more than prevailing market rates: asbestos; mold; cable television; electrical; elevators; fire sprinklers; fire/life safety; HVAC; HVAC air balance; plumbing; roofing and waste. Tenant’s base building subcontractors Agents shall all be union labor, subject to the following: service providers, architects, engineers and consultants who do not perform any physical construction work do not have to be union. General contractors do not have to be union, with the condition that they do not perform any construction work in-house and have on-site only a superintendent and a laborer for any mechanical, electrical, plumbing, lifeclean-safety, structuralup. Furniture installers must belong to the xxxxxxxxx’x union, and HVAC work in such applicable Construction Premises. all trades (subcontractors) must be union; provided, however, that Tenant may use non-union labor to install and/or perform for the following trades: demolition, glazing, flooring and cabling, but in the case of labor disruption or the threat of a disruption as determined by Landlord in its sole discretion, Tenant Improvements for each applicable Construction Premises provided that Tenant’s use of shall immediately cease using such non-union labor and switch to install and/or perform such Tenant Improvements does not result in any actual disruptions at, or actual disturbances to tenants of, the Complex, including, but not limited to, picketing, riots, strikes, and any other protests (each, a “Labor Disturbance”)union-labor. If Tenant’s use of non-union labor to install and/or perform any such Tenant Improvements in the applicable Construction Premises results in a Labor Disturbance, Tenant shall take such action as is reasonably necessary, or reasonably directed by Landlord, to cause such Labor Disturbance to permanently cease within twenty-four (24) hours after the commencement of such Labor Disturbance and, if Tenant fails to cause such Labor Disturbance to permanently cease within twenty-four (24) hours after the commencement of such Labor Disturbance, then Tenant shall immediately thereafter terminate the non-union contracts cease using any of Tenant’s Agents that Landlord determines are not suitable for the trades causing Project, whether because of quality of the work or because of any potential or actual adverse impact of such Labor Disturbance contractor on the Project or on the labor relations between Landlord and any trade unions (including picketing or otherwise disrupting tenants or operations at the “Picketing Trades”) and retain only union labor to perform the applicable Tenant Improvements for such Picketing TradesProject).
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Samples: Lease (Cornerstone OnDemand Inc)
Tenant’s Agents. All subcontractors, laborers, materialmen, 4.2.2.1 LANDLORD'S GENERAL CONDITIONS FOR TENANT'S AGENTS AND TENANT IMPROVEMENT WORK. Tenant's and suppliers used by Tenant for Tenant's Agent's construction of the Tenant Improvements for each applicable Construction Premises shall comply with the following (such subcontractors, laborers, materialmen, and suppliers, and the Contractor to be known collectively as “Tenant’s Agents”i) must be approved in writing by Landlord, which approval shall not be unreasonably withheld or delayed; provided that, in any event, Tenant must contract with Landlord’s base building subcontractors for any mechanical, electrical, plumbing, life-safety, structural, and HVAC work in such applicable Construction Premises. Tenant may use non-union labor to install and/or perform the Tenant Improvements for each applicable shall be constructed in material conformance with the Approved Construction Premises provided that Drawings, subject to Tenant’s 's right to make changes to the same in accordance with, and subject to, this Tenant Work Letter; (ii) Tenant and Tenant's Agents shall use commercially reasonable efforts (in accordance with industry custom and practice) not to interfere with, obstruct, or delay, the work of such Landlord's Base Building contractor and subcontractors with respect to the Base Building or any other work in the Project and Landlord's Base Building contractors and subcontractors shall use commercially reasonable efforts (in accordance with industry custom and practice) not to interfere with, obstruct or delay the work of Tenant's Agents with respect to the Tenant Improvements; (iii) Tenant's Contractors shall submit their schedules of all their work relating to the Tenant Improvements to Landlord and Landlord shall, within five (5) business days of receipt thereof, inform Tenant and Tenant's Contractors of any reasonable and non-union labor discriminatory changes which are reasonably necessary thereto, to install and/or perform avoid interference with Landlord's work or disruption of existing tenants and Tenant's Contractors shall adhere to such corrected schedule; and (iv) Tenant Improvements does not result shall abide by all reasonable and non-discriminatory rules made by Landlord's Project contractor or Landlord's Building manager with respect to any matter, within reason, in any actual disruptions at, or actual disturbances to tenants of, the Complexconnection with this Tenant Work Letter, including, but not limited towithout limitation, picketing, riots, strikes, the construction of the Tenant Improvements; provided that such rules and any other protests (each, regulations are consistent with the practices of landlords of Comparable Buildings and are applied in a “Labor Disturbance”). If Tenant’s use of non-union labor to install and/or perform any such Tenant Improvements in discriminatory manner among the applicable Construction Premises results in a Labor Disturbance, Tenant shall take such action as is reasonably necessary, or reasonably directed by Landlord, to cause such Labor Disturbance to permanently cease within twenty-four (24) hours after tenants/occupants of the commencement of such Labor Disturbance and, if Tenant fails to cause such Labor Disturbance to permanently cease within twenty-four (24) hours after the commencement of such Labor Disturbance, then Tenant shall immediately thereafter terminate the non-union contracts for the trades causing such Labor Disturbance (the “Picketing Trades”) and retain only union labor to perform the applicable Tenant Improvements for such Picketing TradesProject.
4.2.2.1 [Intentionally Omitted]
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Samples: Office Lease (Etoys Inc)
Tenant’s Agents. All subcontractorsLandlord shall permit Tenant and its agents to enter the Premises prior to the Commencement Date of the Lease in order that Tenant may perform any work to be performed by Tenant hereunder through its own contractors, laborers, materialmensubject to Landlord's prior written approval, and suppliers used in a manner and upon terms and conditions and at times satisfactory to Landlord's representative. The foregoing license to enter the Premises prior to the Commencement Date is, however, conditioned upon Tenant's contractors and their subcontractors and employees working in harmony and not interfering with the work being performed by Tenant for Landlord. If at any time that entry shall cause disharmony or interfere with the Tenant Improvements for each applicable Construction Premises (such subcontractors, laborers, materialmen, and suppliers, and the Contractor to be known collectively as “Tenant’s Agents”) must be approved in writing work being performed by Landlord, which approval shall not this license may be unreasonably withheld or delayed; provided that, in any event, Tenant must contract with Landlord’s base building subcontractors for any mechanical, electrical, plumbing, life-safety, structural, and HVAC work in such applicable Construction Premises. Tenant may use non-union labor to install and/or perform the Tenant Improvements for each applicable Construction Premises provided that Tenant’s use of such non-union labor to install and/or perform such Tenant Improvements does not result in any actual disruptions at, or actual disturbances to tenants of, the Complex, including, but not limited to, picketing, riots, strikes, and any other protests (each, a “Labor Disturbance”). If Tenant’s use of non-union labor to install and/or perform any such Tenant Improvements in the applicable Construction Premises results in a Labor Disturbance, Tenant shall take such action as is reasonably necessary, or reasonably directed withdrawn by Landlord, to cause such Labor Disturbance to permanently cease within Landlord upon twenty-four (24) hours after written notice to Tenant. That license is further conditioned upon the commencement compliance by Tenant's contractors with all requirements imposed by Landlord on third party contractors, including without limitation the maintenance by Tenant and its contractors and subcontractors of workers' compensation and public liability and property `. damage insurance in amounts and with companies and on forms satisfactory to Landlord, with certificates of such Labor Disturbance andinsurance being furnished to Landlord prior to proceeding with any such entry. The entry shall be deemed to be under all of the provisions of the Lease except as to the covenants to pay rent. Landlord shall not be liable in any way for any injury, if Tenant fails loss or damage which may occur to cause any such Labor Disturbance work being performed by Tenant, the same being solely at Tenant's risk. In no event shall the failure of Tenant's contractors to permanently cease within twenty-four (24) hours after complete any work in the commencement Premises extend the Commencement Date of such Labor Disturbance, then Tenant shall immediately thereafter terminate the non-union contracts for Lease beyond the trades causing such Labor Disturbance (date that Landlord has completed its tenant improvement work and tendered the “Picketing Trades”) and retain only union labor Premises to perform the applicable Tenant Improvements for such Picketing TradesTenant.
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Samples: Lease Agreement (Svi Solutions Inc)
Tenant’s Agents. All subcontractors, laborers, materialmen, subcontractors and suppliers laborers used by Tenant for together with the TI Contractor, Architect, Engineers and any other consultants retained by Tenant Improvements for each applicable Construction Premises (such subcontractors, laborers, materialmen, and suppliers, and the Contractor shall be referred to be known herein collectively as “"Tenant’s 's Agents”) must be approved in writing by Landlord", which approval shall not be unreasonably withheld or delayed; provided that, in any event, Tenant must contract with Landlord’s base building subcontractors for any Tenant's mechanical, electrical, plumbing, life-safetyand life safety subcontractors must be approved by Landlord in its reasonable discretion; provided, structuralhowever, that Tenant shall use Landlord’s designated fire/life safety contractor (which, as of the date of this Lease, is SABAH), BMS contractor (which, as of the date of this Lease, is Syserco) in connection with programming into the base Building monitoring systems and HVAC work in such applicable Construction Premises. Tenant may use non-union labor riser contractor EXHIBIT B-14- (which, as of the date of this Lease, is Summit Riser), with respect to install and/or perform any connection between the Tenant Improvements for each applicable Construction Premises provided that Building’s risers and Tenant’s use of such non-union labor to install and/or perform such Tenant Improvements does not result in any actual disruptions at, IDF closets. Landlord shall approve or actual disturbances to tenants of, the Complex, including, but not limited to, picketing, riots, strikes, and reasonably disapprove any other protests subcontractors proposed by Tenant within three (each, a “Labor Disturbance”)3) business days. If Tenant’s use of non-union labor to install and/or perform any such Tenant Improvements in the applicable Construction Premises results in a Labor Disturbance, Tenant shall take such action as is reasonably necessary, or reasonably directed by Landlord, to cause such Labor Disturbance to permanently cease within twenty-four (24) hours after the commencement of such Labor Disturbance and, if Tenant Landlord fails to cause respond within such Labor Disturbance to permanently cease within twenty-four three (243) hours after the commencement of such Labor Disturbancebusiness day period, then Tenant shall immediately thereafter terminate have the non-union contracts right to deliver a second notice to Landlord pursuant to the TCCs of Section 29.18 of the Lease requesting Landlord's approval of the subcontractor proposed by Tenant (which second notice shall include the name of such subcontractor proposed by Tenant), and if Landlord fails to respond within two (2) business day following delivery of such second notice by Tenant pursuant to the TCCs of Section 29.18 of the Lease, then Landlord shall be deemed to have approved such subcontractor proposed by Tenant. If Landlord disapproves any of Tenant's proposed subcontractors, laborers, materialmen or suppliers, Tenant shall submit other proposed subcontractors, laborers, materialmen or suppliers for the trades causing such Labor Disturbance (the “Picketing Trades”) and retain only Landlord's written approval in accordance with this Section 4.1.2. Tenant’s Agents shall be union labor to perform and in compliance with the applicable Tenant Improvements for such Picketing Tradesthen existing master labor agreement.
Appears in 1 contract
Samples: Office Lease (Okta, Inc.)