Common use of Tenant's Construction Clause in Contracts

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.

Appears in 2 contracts

Samples: License Agreement (Silicon Entertainment Inc /Ca/), License Agreement (Silicon Entertainment Inc /Ca/)

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Tenant's Construction. Landlord Tenant shall commence the installation of fixtures, equipment 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 other Tenant's occupancy (Work 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"D," if any, C-1promptly upon substantial completion of Landlord's Work and Tenant shall diligently pursue such installation and work to completion. All of Tenant's Work shall be at Tenant's sole cost and expense pursuant to plans and specifications which meet Landlord's reasonable approval. Tenant shall provide its own trash container(s) as needed for containment and removal of construction debris from Tenant's Work and Tenant shall remove said trash containers prior to opening for business. The location of the trash containers shall be reasonably designated by Landlord. During the Tenant improvement period, Tenant and its contractor, if any, shall keep the Project free of all construction and related debris. Prior to opening for business, Tenant shall remove all construction and related debris from the Premises and the Project, and C-2 attached hereto all such areas shall be left in a broom clean condition. Tenant's contractor shall name Landlord as an additional insured on contractor's insurance policies. All Tenant's Work shall be undertaken and completed in a good, workmanlike manner, and Tenant shall obtain all necessary governmental permits, licenses and approvals with respect thereto and shall be subject to Landlordfully comply with all covenants, conditions and restrictions of record, governmental statutes, ordinances, rules and regulations pertaining thereto. Tenant covenants that no work by Tenant's prior written approvalemployees, agents or contractors, shall disrupt or cause a slowdown or stoppage of any work conducted by Landlord on the Premises or Project.

Appears in 2 contracts

Samples: Office Space Lease Agreement (Allegiant Travel CO), Lease Agreement (Allegiant Travel CO)

Tenant's Construction. Landlord and During Tenant’s Fixturing Period 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 Premisesshall, 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 expense, perform all work and expense provide all the Tenant's work set forth in Exhibit C hereto annexed and made a part hereofmaterials, shall equip the Demised Premises with equipment, furniture, furnishings, trade fixtures fixtures, signage, and all personal property other items necessary or proper for the completion of the Leased Premises and the proper operation of Tenant's ’s business, all in accordance with plans and specifications approved by Landlord, as hereinafter set forth. All items furnished by Tenant shall be new and, if affixed to the Leased Premises, shall, subject to the provisions of Section 14 below, be free and clear of any lien or security interest. Tenant shall not undertake any construction, nor shall Tenant install any equipment other than trade fixtures and personal property, without first obtaining Landlord’s written approval of plans and specifications therefor, which plans and specifications shall be submitted to Landlord for its approval at least Fifteen (15) days prior to Tenant commencing such work. Thereafter, no changes shall be made in Tenant’s plans and specifications without the consent of Landlord. The approval by Landlord of such plans and specifications shall not constitute the assumption of any liability on the part of Landlord for their accuracy or their conformity with all requirements of any statute, law, ordinance, rule, regulation, or other governmental promulgation, and Tenant shall be solely responsible for the same. Tenant shall pay to Landlord, upon demand, any additional cost incurred by Landlord due to changes requested by Tenant and approved by Landlord. Tenant’s construction shall be completed ninety (90) days after delivery of the Leased Premises, subject only to delays caused by acts of God, government or public enemy, government action or inaction, labor disputes, inability to obtain material or labor on reasonable terms, failure of Landlord to perform Landlord’s obligations with respect to construction, or any other cause beyond Tenant’s control. All construction by Tenant shall be performed in conformance with the provisions of Subsection 12(b) below. If the same are not present as of the date of this Lease, open for business Tenant must install Landlord-approved grease guard system around roof and wall vents and Tenant shall maintain the same throughout the term whether the same were present 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 date of Landlord, (ii) the management and operation of the Shopping Center, this Lease or (iii) the use of the Mall Building installed 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 approvalTenant.

Appears in 1 contract

Samples: Lease Agreement (Fast Casual Concepts, Inc.)

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Tenant's Construction. Landlord and (a) 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 shall construct such improvements to 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 (Work") 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 Tenant's outline specifications attached hereto annexed and made a part hereof, shall equip hereof as EXHIBIT "C" (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, "Plans"). Tenant shall complete such work construction in a first-class and open in a good and workmanlike manner, in accordance with the Plans, and in compliance with all applicable laws, ordinances, and regulations, including building codes, and the Americans with Disabilities Act. Tenant, at Tenant's expense, shall procure all building and other permits and approvals necessary for business by the Commencement Date)performing all such construction, and for such purposes Landlord shall cooperate with Tenant in obtaining such permits and approvals. All such activities of the Tenant shall not interfere with (i) any construction work of Landlordcontractors, (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-1subcontractors, and C-2 attached hereto and materialmen employed by Tenant in performing Tenant's Work shall be subject to the prior written approval of Landlord, which approval shall not be unreasonably withheld or delayed. Upon receipt of Tenant's written notice requesting approval of any such contractors, subcontractors or materialmen, Landlord shall deliver written notice to Tenant within ten (10) days after receipt of such written request setting forth Landlord's prior approval or disapproval thereof. If Tenant does not receive any such written approvalnotice within such ten (10) day period, then Landlord shall be conclusively deemed to have approved such written request.

Appears in 1 contract

Samples: Lease (Rainbow Rentals Inc)

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