Tenant’s Agents. All subcontractors, laborers, materialmen, and suppliers used by Tenant (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 (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 each event, the same are reasonably competitively priced), and (ii) all subcontractors retained in connection with the Tenant 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 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 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 proposed subcontractors, laborers, materialmen or suppliers, Tenant shall submit other proposed subcontractors, laborers, materialmen or suppliers for Landlord’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 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 (i) Tenant’s use of such non-union labor to install and/or perform such Tenant shall be required Improvements does not result in any actual disruptions at, or actual disturbances 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 each eventtenants of, the same are reasonably competitively priced)Complex, including, but not limited to, picketing, riots, strikes, and any other protests (ii) all subcontractors retained in connection with the Tenant improvements shall be union for all trades other than audio/visualeach, security, low voltage, IT and furniture delivery/installationa “Labor Disturbance”). 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 If Tenant’s responsibility (provided that use of non-union labor to install and/or perform any unused such Tenant Improvement Allowance may be utilized thereof, subject to and Improvements 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 proposed subcontractors, laborers, materialmen or suppliersapplicable Construction Premises results in a Labor Disturbance, Tenant shall submit other proposed subcontractorstake such action as is reasonably necessary, laborersor reasonably directed by Landlord, materialmen or suppliers 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 Landlord’s written approvalthe 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 (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 (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 the Original Lease (so long as, in each event, the same are reasonably competitively priced), and (ii) all subcontractors retained in connection with the Tenant improvements 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 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 live 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 proposed subcontractors, laborers, materialmen or suppliers, Tenant shall submit other proposed subcontractors, laborers, materialmen or suppliers for Landlord’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 (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 delayeddelayed and which approval shall, provided that (i) Tenant shall be required to retain Landlord’s designated subcontractors if withheld or conditioned with regard to hvac controls and fire/life safety any such Tenant's Agents, be made within two (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 each event, the same are reasonably competitively priced), and (ii) all subcontractors retained in connection with the Tenant 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 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 live (52) business days, provided that days following Landlord's receipt of the entities listed on Schedule 1 attached hereto are approved if selected by corresponding request for such approval from Tenant. If Landlord does not approve any of Tenant’s 's proposed subcontractors, laborers, materialmen or suppliers, Tenant shall submit other proposed subcontractors, laborers, materialmen or suppliers for Landlord’s 's written approval. If Landlord has not timely approved any of Tenant's Agents within the applicable time period set forth above, Tenant shall have the right to send a "reminder notice" to Landlord, which conspicuously indicates that Landlord's continued failure to respond may result in the deemed approval of the particular Tenant's Agents (which notice shall be delivered to Landlord pursuant to the terms of the Lease, 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 the Landlord's representative set forth in Section 5.2 below). If Landlord fails to respond to Tenant regarding the particular Tenant's Agents within three (3) business days after its receipt of the reminder notice identified in the preceding sentence, then those Tenant's Agents expressly identified in the reminder notice shall be deemed to have been approved by Landlord; provided, however, in no event shall such "deemed approval" occur to the extent the parties are in discussions regarding the Tenant's Agents or Landlord has requested information regarding the Tenant's Agents which has not yet been provided.
Appears in 1 contract
Samples: Sublease (Dexcom Inc)
Tenant’s Agents. All subcontractors, laborers, materialmen, and suppliers used by Tenant (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 delayeddelayed and which approval shall, provided that (i) Tenant shall be required to retain Landlord’s designated subcontractors if withheld or conditioned with regard to hvac controls and fire/life safety any such Tenant's Agents, be made within two (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 each event, the same are reasonably competitively priced), and (ii) all subcontractors retained in connection with the Tenant 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 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 live (52) business days, provided that days following Landlord's receipt of the entities listed on Schedule 1 attached hereto are approved if selected by corresponding request for such approval from Tenant. If Landlord does not approve any of Tenant’s 's proposed subcontractors, laborers, materialmen or suppliers, Tenant shall submit other proposed subcontractors, laborers, materialmen or suppliers for Landlord’s 's written approval. If Landlord has not timely approved any of Tenant's Agents within the applicable time period set forth above, Tenant shall have the right to send a "reminder notice" to Landlord, which conspicuously indicates that Landlord's continued failure to respond may result in the deemed approval of the particular Tenant's Agents (which notice shall be delivered to Landlord pursuant to the terms of the Lease, 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 the Landlord's representative set forth in Section 5.2 below). If Landlord fails to respond to Tenant regarding the particular Tenant's Agents within three (3) business days after its receipt of the reminder notice identified in the preceding sentence, then those Tenant's Agents expressly identified in the reminder notice shall be deemed to have been approved by Landlord; provided, however, in no event shall such "deemed approval" occur to the extent the parties are in discussions regarding the Tenant's Agents or Landlord has requested information regarding the Tenant's Agents which has not yet been provided.
Appears in 1 contract
Tenant’s Agents. All subcontractors, laborers, materialmen, and suppliers used by Tenant (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 (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 LandlordXxxxxxxx’s designated riser management company as provided for in Section 29.32 of this the Original Lease (so long as, in each event, the same are reasonably competitively priced), and (ii) all subcontractors retained in connection with the Tenant improvements 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 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 live 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 proposed subcontractors, laborers, materialmen or suppliers, Tenant shall submit other proposed subcontractors, laborers, materialmen or suppliers for Landlord’s written approval.
Appears in 1 contract
Samples: Office Lease (ServiceTitan, Inc.)
Tenant’s Agents. All subcontractorssubcontractors (including all fire sprinkler tradesmen), laborers, materialmen, and suppliers used by Tenant (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 Landlordhigh-end office space construction in Santa Xxxxxx; provided that, which approval shall in any event, Tenant must contract with the 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 be unreasonably withheld or delayed, provided that (i) Tenant shall be required to retain Landlord’s designated pay such subcontractors with regard to hvac controls and more than prevailing market rates: asbestos; mold; cable television; electrical; elevators; fire sprinklers; fire/life safety (provided safety; HVAC; HVAC air balance; plumbing; roofing and waste. Tenant’s 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 such vendors shall provide services at commercially reasonable rates) they do not perform any construction work in-house and Tenant shall further be required have on-site only a superintendent and a laborer for clean-up. Furniture installers must belong to retain Landlord’s designated riser management company as provided for in Section 29.32 of this Lease (so long as, in each event, the same are reasonably competitively priced)xxxxxxxxx’x union, and (ii) all subcontractors retained in connection with the Tenant 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 (subcontractors) must be entitled to retain locksmith and access control subcontractors selected by Tenant (subject to Landlord’s approval as provided for hereinabove)union; provided, however, that (i) all keys/locks Tenant may use non-union labor 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 shall be compatible with the Building standard locking system, immediately cease using such non-union labor and (ii) all costs incurred in connection therewith switch to union-labor. Tenant 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 immediately cease using any of Tenant’s proposed subcontractorsAgents that Landlord determines are not suitable for the Project, laborers, materialmen whether because of quality of the work or suppliers, Tenant shall submit other proposed subcontractors, laborers, materialmen because of any potential or suppliers for Landlord’s written approvalactual adverse impact of such 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 Project).
Appears in 1 contract
Samples: Lease (Cornerstone OnDemand Inc)
Tenant’s Agents. Tenant shall cause the construction of the Tenant Improvements. All subcontractors, laborers, materialmen, and suppliers subcontractors used by Tenant (such subcontractors, 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”) must must, to the extent any such Tenant’s Agents are working on-site at the Project, be approved in writing by Landlord, which approval shall not be unreasonably withheld withheld, conditioned or delayeddelayed and shall be granted or denied within three (3) business days of Tenant’s Notice to Landlord requesting Landlord’s approval of the same. Sares-Regis or Lxxx Enterprises, provided that if selected by Tenant, is hereby approved as Tenant’s project manager. The Contractor and the Contractor’s subcontractors (icollectively “Tenant’s Contractors”) and their respective workers shall conduct their activities in and around the Premises, Buildings and Project in a harmonious relationship with all other subcontractors, laborers, materialmen and suppliers at the Premises, Buildings and Project. Tenant shall be required to retain Landlord’s designated subcontractors with regard cause all work which may be completed by txx xxxxxxxxxx’ union (e.g., drywall, acoustic ceiling, millwork) to hvac controls and fire/life safety (provided that such vendors shall provide services at commercially reasonable rates) and be completed by union labor. Subject to the foregoing requirements, Tenant shall further not be required to retain Landlord’s designated riser management company as provided for in Section 29.32 of this Lease (so long as, in each event, the same are reasonably competitively priced), and (ii) all subcontractors retained in connection with the Tenant improvements shall be employ 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 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 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 proposed subcontractors, laborers, materialmen or suppliers, Tenant shall submit other proposed subcontractors, laborers, materialmen or suppliers for Landlord’s written approvallabor.
Appears in 1 contract
Samples: Office Lease (Electronic Arts Inc)
Tenant’s Agents. All Tenant shall obtain Landlord’s prior written approval (not to be unreasonably withheld, conditioned or delayed) for all subcontractors, laborers, materialmenmaterialmen and suppliers, and suppliers if any, proposed to be used by Tenant in connection with the construction of the Tenant Improvements (such subcontractors, laborers, materialmen, and suppliers, 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 (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 each event, the same are reasonably competitively priced), and (ii) all subcontractors retained in connection with the Tenant 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 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 live (5) business days, provided that the entities listed on Schedule 1 attached hereto are approved if selected by Tenant. If Landlord reasonably does not approve any of Tenant’s proposed subcontractors, laborers, materialmen or suppliers, Tenant shall submit other proposed subcontractors, laborers, materialmen or suppliers for Landlord’s prior written approvalapproval (not to be unreasonably withheld, conditioned or delayed). Without limiting the generality of the foregoing, Tenant specifically acknowledges and agrees that if the use of any particular subcontractor, laborer, materialman or supplier would, in Landlord’s reasonable judgment, violate the terms of any agreement between Landlord and any union providing work, labor or services at the Project or disturb labor harmony with the workforce or trades engaged in performing other work, labor or services at the Project, Landlord may require any such subcontractor, laborer, materialman or supplier to be a union member, provided that, if requested by Tenant to Landlord in writing, Landlord shall provide Tenant with reasonable evidence of any agreements between Landlord and any trade union providing work, labor or services to the Project. If any violation or disturbance occurs in connection with any labor, materials or equipment in the construction of any Tenant Improvements, Tenant, upon demand by Landlord, shall immediately cause all labor, materials and equipment causing such violation or disturbance to be removed from the Project. Without limitation as to Tenant’s right to seek any recourse and remedy against Contractor, Tenant specifically agrees to protect, defend, indemnify and hold Landlord harmless from and against any and all Claims in any way arising or resulting from or in connection with any breach by Tenant of Section 3.1 above or this Section 3.2 to the extent in connection with any labor, materials or equipment used by or on behalf of Tenant in connection with the Tenant Improvements by any Contractor or Tenant’s Agent that has not been approved by Landlord in accordance with the foregoing, provided that, if requested by Tenant to Landlord in writing, Landlord shall provide Tenant with reasonable evidence of any agreements between Landlord and any trade union providing work, labor or services to the Project.
Appears in 1 contract
Samples: Office Lease (SPS Commerce Inc)
Tenant’s Agents. All subcontractorssubcontractors (including all fire sprinkler tradesmen), laborers, materialmen, and suppliers used by Tenant (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 Landlordhigh-end office space construction in Santa Xxxxxx; provided that, which approval shall in any event, Tenant must contract with the contractors listed in the Construction Rules, Requirements, Specifications, Design Criteria and Building Standards for the following trades so long as Tenant or its Contractor is not be unreasonably withheld or delayed, provided that (i) Tenant shall be required to retain Landlord’s designated pay such subcontractors with regard to hvac controls and more than prevailing market rates: mold consulting (ENV America); cable television; electrical; elevators; fire sprinklers; fire/life safety (provided safety; HVAC; HVAC air balancing; plumbing; roofing and waste. Tenant’s Agents must be union contractors, 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 such vendors shall provide services at commercially reasonable rates) they do not perform any construction work in-house and Tenant shall further be required have on-site only a superintendent and a laborer for clean-up. Furniture installers must belong to retain Landlord’s designated riser management company as provided for in Section 29.32 of this Lease (so long as, in each event, the same are reasonably competitively priced)xxxxxxxxx’x union, and (ii) all subcontractors retained in connection with the Tenant 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 (subcontractors) must be entitled to retain locksmith and access control subcontractors selected by Tenant (subject to Landlord’s approval as provided for hereinabove)union; provided, however, that (i) all keys/locks Tenant may use non-union labor 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 shall be compatible with the Building standard locking system, immediately cease using such non-union labor and (ii) all costs incurred in connection therewith switch to union-labor. Tenant 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 immediately cease using any of Tenant’s proposed subcontractorsAgents that Landlord determines are not suitable for the Project, laborers, materialmen whether because of quality of the work or suppliers, Tenant shall submit other proposed subcontractors, laborers, materialmen because of any potential or suppliers for Landlord’s written approvalactual adverse impact of such 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 Project).
Appears in 1 contract
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's Agent's construction of the Tenant (such subcontractors, laborers, materialmen, and suppliers, and Improvements shall comply with 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 following (i) the Tenant Improvements 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 constructed in Section 29.32 of this Lease (so long as, in each event, the same are reasonably competitively priced), and (ii) all subcontractors retained in connection material conformance with the Tenant 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 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 thereofApproved Construction Drawings, subject to and Tenant's right to make changes to the same in accordance with the terms of 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 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 shall respond to any approval request hereunder and Landlord shall, within live five (5) business daysdays of receipt thereof, inform Tenant and Tenant's Contractors of any reasonable and non-discriminatory changes which are reasonably necessary thereto, to avoid interference with Landlord's work or disruption of existing tenants and Tenant's Contractors shall adhere to such corrected schedule; and (iv) Tenant 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 connection with this Tenant Work Letter, including, without limitation, the construction of the Tenant Improvements; provided that such rules and regulations are consistent with the entities listed on Schedule 1 attached hereto practices of landlords of Comparable Buildings and are approved if selected by Tenant. If Landlord does not approve any applied in a non-discriminatory manner among the tenants/occupants of Tenant’s proposed subcontractors, laborers, materialmen or suppliers, Tenant shall submit other proposed subcontractors, laborers, materialmen or suppliers for Landlord’s written approvalthe Project.
4.2.2.1 [Intentionally Omitted]
Appears in 1 contract
Samples: Office Lease (Etoys Inc)