Tenant's Construction. Landlord and Tenant hereby acknowledge and agree that Tenant is leasing previously built and occupied premises. Tenant has been in occupancy of and made a complete inspection of the Demised Premises, has found them to be suitable for their intended purposes and agrees that it will take the Demised Premises in an "AS-IS" condition on the date hereof without any representations or warranties, expressed or implied, of any kind whatsoever, including, without limitation, fitness for a particular purpose or tenantability, and without recourse to Landlord. Promptly after the Demised Premises are ready for Tenant's occupancy (as defined in Section 2.3), Tenant shall perform at its own cost and expense all the Tenant's work set forth in Exhibit C hereto annexed and made a part hereof, shall equip the Demised Premises with trade fixtures and all personal property necessary or proper for the operation of Tenant's business, and shall, subject to the provisions of this Lease, open for business as soon thereafter as possible (but, in any event, shall complete such work and open for business by the Commencement Date). All such activities of the Tenant shall not interfere with (i) any construction work of Landlord, (ii) the management and operation of the Shopping Center, or (iii) the use of the Mall Building by other tenants or occupants. Tenant hereby specifically agrees that any construction or remodeling of the Demised Premises shall comply with the applicable portions of Landlord's design and construction criteria set forth in Exhibits C, C-1, and C-2 attached hereto and shall be subject to Landlord's prior written approval.
Tenant's Construction. Tenant has constructed one or more buildings and related improvements on the Premises, including, but not limited to, a destination retail facility as generally set forth in the Development Agreement, as amended (“Tenant Improvements”). Tenant shall not construct on the Premises (i) any structures that are utilized as a “fast food” restaurant that includes a “drive-through” window, (ii) car lots for the sale and/or storage of new or used automobiles, (iii) massage parlors, (iv) escort services, or (v) adult cinema, film, video, or toy stores. Any such construction shall be at Tenant’s sole cost and expense, and shall be in accordance with all applicable laws, ordinances, and regulations, including, without limitation, the terms and conditions of the zoning requirements except as noted in the Development Agreement, as amended. Tenant shall have the right to demolish, rebuild, remodel, or alter such improvements at any time during the term of this Lease in Tenant’s sole discretion, or to build additional improvements on the Premises, as long as such activities are carried out in compliance with all applicable laws, ordinances, and regulations. Until this Lease shall terminate as provided herein, Tenant shall own in fee simple all such improvements so constructed by Tenant and shall be entitled to all benefits of such ownership, including, without limitation, depreciation under applicable tax laws. Upon termination of this Lease for any reason, fee simple title to all such permanent improvements and fixtures, but not to trade fixtures and personal property, shall immediately vest in Landlord, and Tenant shall execute such deeds or other instruments reasonably required by Landlord to evidence such ownership of record.
Tenant's Construction. Tenant shall commence construction of Tenant's Work upon Substantial Completion of the Premises and delivery of possession of the Premises to Tenant, and shall diligently prosecute same to completion. Tenant shall deliver to Landlord a copy of the certificate of occupancy for the Premises issued by the appropriate governmental agency upon completion of Tenant's Work.
Tenant's Construction. Tenant shall have the right to do all of its own construction, subject only to Landlord's reasonable approval of plans for either the initial premises, or future renovation work. Tenant shall not be charged any landlord supervisory, management, or review fees for any of Tenants initial, ongoing or future construction. All plans submitted by the Tenant for initial work, as well as subsequent renovations shall be approved or deemed approved within ten (10) business days by landlord. Landlord shall make any comment or request any change immediately after submission of plans, further, Landlord shall notify Tenant of any item that Landlord will want restored.
Tenant's Construction. Tenant acknowledges receipt of Landlord’s delivery to Tenant of a complete set of all drawings and architectural plans and specifications with respect to the Building (including a utilities plan and a mechanical and electrical plan) and other plans and specifications and information (the “Building Information”) pertaining to or used in connection with the construction of the Building necessary for the Tenant’s architect to prepare Tenant’s Plans for Tenant’s improvements to the Premises (“Tenant’s Improvements”). Tenant’s Improvements shall comply with the provisions of this Lease dealing with Alterations. Prior to commencement of Tenant’s Improvements, Tenant shall supply Landlord with Tenant’s Plans. Tenant’s Plans shall be compatible with the Building Information and must comply with all applicable laws, ordinances and building codes and must be approved by Landlord, which approval shall not be unreasonably withheld. Tenant shall commence construction promptly and thereafter pursue construction to completion diligently and in a good and workmanlike manner. Tenant shall be responsible for all costs and expenses in connection with the design, permitting, construction and completion of Tenant’s Improvements.
Tenant's Construction. Any work not specifically enumerated in Landlord’s Work in accordance with Landlord’s Improvements and required for Tenant's use of the Premises shall be performed by Tenant at its sole cost and expense which additional work shall only be commenced following submission of a written request to Landlord (including a copy of plans and specifications) and receipt of written approval from Landlord, which approval shall not be unreasonably withheld or delayed.
Tenant's Construction. (a) Comply with all local and state codes in obtaining a Building Permit, as well as such construction criteria and other terms and conditions as LANDLORD may determine and provide to TENANT at the initial project manager’s meeting.
Tenant's Construction. Tenant shall commence construction of Tenant’s Work upon Substantial Completion of the Premises and delivery of possession of the Premises to Tenant, and shall diligently prosecute same to completion. Tenant shall deliver to Landlord a copy of the certificate of occupancy for the Premises issued by the appropriate governmental agency upon completion of Tenant’s Work.
Tenant's Construction. (a) Tenant agrees that, promptly after the Commencement Date, Tenant shall, at Tenant's sole cost and expense (subject to the provisions of Sections 5(b) and 5(c) as to payment of the Construction Allowance (as hereinafter defined)), plan, design, construct and complete appropriate alterations and installations in and to the Additional Space (as such term is defined in the Xxxxxxxxx) in order to prepare for Tenant's initial occupancy, all such work being performed in accordance with plans and specifications approved by Sublandlord) (collectively, "Tenant's Construction"). Tenant covenants and agrees that, in connection with Tenant's Construction, Tenant shall comply (and shall cause its architects, contractors, subcontractors and vendors to comply) duly, timely and completely with each and all of the duties and obligations of Tenant under this Sublease and/or of "Tenant" under the Xxxxxxxxx (including, but not limited to, those duties and obligations set forth in Article 8 of the Xxxxxxxxx) which are applicable to alterations and installations which are the same as, or are similar to, Tenant's Construction. Without limiting the foregoing provisions of this Section 5(a), Tenant further covenants and agrees that, in connection with Tenant's Construction:
Tenant's Construction. Tenant shall have the right to make any and all such alterations as it may elect in its reasonable discretion to operate the Demised Premises for the use set forth in Section 7.1. No Landlord consent of any kind shall be required except in connection with any alterations that would have a material adverse effect on the structural elements of the Building or the Building systems or any alterations to the exterior of the Building.
