Common use of Tenant's Construction Clause in Contracts

Tenant's Construction. Tenant shall commence the installation of fixtures, equipment and any other Tenant's Work as set forth in Exhibits "D," if any, promptly 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 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 fully 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 employees, agents or contractors, shall disrupt or cause a slowdown or stoppage of any work conducted by Landlord on the Premises or Project.

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 commence perform at its own cost and expense all the installation of fixtures, equipment and any other Tenant's Work 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 "D," if anyC, promptly upon substantial completion of C-1, and C-2 attached hereto and shall be subject to 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 prior written 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 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 fully 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 employees, agents or contractors, shall disrupt or cause a slowdown or stoppage of any work conducted by Landlord on the Premises or Project.

Tenant's Construction. During Tenant’s Fixturing Period Tenant shall commence the installation of shall, at its own expense, perform all work and provide all materials, equipment, furniture, furnishings, trade fixtures, equipment signage, and any all other Tenant's Work as set forth in Exhibits "D," if any, promptly upon substantial items necessary for the completion of Landlord's Work the Leased Premises and Tenant shall diligently pursue such installation and work to completion. All the proper operation of Tenant's Work shall be at Tenant's sole cost and expense pursuant to ’s business, all in accordance with plans and specifications which meet approved by Landlord's reasonable approval, 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 provide 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 own trash container(sapproval at least Fifteen (15) as needed for containment and removal of construction debris from Tenant's Work and Tenant shall remove said trash containers days prior to opening for businessTenant commencing such work. Thereafter, no changes shall be made in Tenant’s plans and specifications without the consent of Landlord. The location approval by Landlord of such plans and specifications shall not constitute the trash containers shall be reasonably designated by Landlord. During assumption of any liability on the Tenant improvement periodpart of Landlord for their accuracy or their conformity with all requirements of any statute, Tenant and its contractorlaw, if anyordinance, shall keep the Project free of all construction and related debris. Prior to opening for businessrule, Tenant shall remove all construction and related debris from the Premises and the Projectregulation, and 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 manneror 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 all necessary governmental permitsmaterial or labor on reasonable terms, licenses and approvals failure of Landlord to perform Landlord’s obligations with respect thereto 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, Tenant must install Landlord-approved grease guard system around roof and wall vents and Tenant shall fully comply with all covenants, conditions and restrictions maintain the same throughout the term whether the same were present as of record, governmental statutes, ordinances, rules and regulations pertaining thereto. Tenant covenants that no work the date of this Lease or installed by Tenant's employees, agents or contractors, shall disrupt or cause a slowdown or stoppage of any work conducted by Landlord on the Premises or Project.

Tenant's Construction. Except as otherwise provided in this Section 12.1 and the Work Letter, Tenant shall commence not make any alterations, additions or improvements to the Premises ("Alterations") in excess of $50,000.00 at any one time without the prior written consent of Landlord, which shall not be unreasonably withheld, conditioned or delayed, except for the installation of fixturesunattached, equipment movable trade fixtures which may be installed without drilling, cutting, or otherwise defacing the Premises. Whenever Tenant proposes to do any construction work within the Premises, Tenant shall first furnish to Landlord plans and specifications in such detail as Landlord may request covering all such work, together with an identification of the contractor(s) whom Tenant plans to employ for the work. In no event shall Tenant make any Alterations that affect the structure of the Building, the roof or the foundations, the HVAC, electrical, plumbing, life safety or other Building systems, the Common Areas or any other Tenant's Work as set forth in Exhibits "D," tenant. In no event shall Tenant puncture or penetrate, or cause the puncture or penetration of, the Building floor slab or any underlying vapor barrier without Landlord’s prior written consent, and if anysuch consent is given, promptly upon substantial completion of Landlord's Work and Tenant shall diligently pursue such installation and work be required to completion. All of Tenant's Work shall be repair at Tenant's its sole cost and expense pursuant any damage caused to the Building floor slab or underlying vapor barrier in accordance with the recommendations of Landlord. In no event shall any construction work be commenced within the Premises without Landlord's written confirmation that it has no objection to Tenant's plans and specifications which meet Landlord's reasonable approvaland contractor(s). All such work shall be completed promptly, in a good and workmanlike manner and using only good grades of materials. Landlord may, at its election, monitor or engage a third party to monitor such work. Tenant shall provide its own trash container(sreimburse Landlord for all reasonable third-party out-of-pocket expenses incurred by Landlord (including, without limitation, any construction management or similar fees and related costs payable by Landlord to a third party engaged by Landlord to monitor such work) as needed for containment and removal in connection with Landlord's review of construction debris from Tenant's Work plans and Tenant shall remove said trash containers prior other submissions as requested by Landlord and for monitoring such construction in connection with Alterations not to opening for business. The location exceed one percent (1%) of the trash containers shall be reasonably designated by Landlordhard costs. During Notwithstanding the Tenant improvement periodrights accorded to Landlord pursuant to the immediately preceding sentences, Tenant acknowledges and its contractoragrees that Landlord's permission for Tenant to commence construction or monitoring of such work shall in no way constitute any representation or warranty by Landlord as to the adequacy or sufficiency of such plans and specifications, if anythe improvements to which they relate, the capabilities of such contractors or the compliance of any such work with any applicable laws, codes or other requirements; instead, any such permission or monitoring shall keep merely be the Project free consent of all construction Landlord as required hereunder. Without limiting the generality of the preceding sentences in this Section 12.1, Tenant acknowledges and related debrisagrees that any installation or replacement of Tenant's heating or air-conditioning equipment must be subject to such preceding sentences and must be effected strictly in accordance with Landlord's instructions regarding same. Prior to opening for businessNotwithstanding the foregoing, Tenant shall remove all construction not be required to obtain Landlord’s consent for repainting, recarpeting, or other Alterations which are non-structural, do not require a permit, and cost less than $50,000.00 in any single instance or series of related debris from alterations performed within a six-month period (provided that Tenant shall not perform any improvements, alterations or additions to the Premises in stages as a means to subvert this provision), in each case provided that (A) Tenant delivers to Landlord written notice thereof, a list of contractors and subcontractors to perform the Projectwork (and certificates of insurance for each such party) and plans and specifications therefor (if any) prior to commencing any such alterations, additions, or improvements (for informational purposes only so long as no consent is required by Landlord as required by this Lease), (B) the installation thereof does not involve any core drilling or the configuration or location of any exterior or interior walls of the Building, and all (C) such areas shall be left in a broom clean conditionalterations, additions and improvements will not affect (i) the Building’s structure or the Building’s systems, (ii) the provision of services to other Building tenants, or (iii) the appearance of the Common Areas or the exterior of the Building. 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 fully comply with all covenants, conditions and restrictions not be required to remove any Alterations upon expiration or earlier termination of record, governmental statutes, ordinances, rules and regulations pertaining thereto. Tenant covenants that no work by Tenant's employees, agents or contractors, shall disrupt or cause a slowdown or stoppage this Lease unless Landlord designates such for removal at the time of any work conducted by Landlord on the Premises or ProjectLandlord’s written approval thereof.

Tenant's Construction. (a) Tenant shall commence construct such improvements to the installation of fixtures, equipment and any other Premises ("Tenant's Work Work") as set forth in Exhibits Tenant's outline specifications attached hereto and made a part hereof as EXHIBIT "D,C" if any, promptly upon substantial completion of Landlord's Work and (the "Plans"). Tenant shall diligently pursue complete such installation construction in a first-class and work to completionin 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 performing all such construction, and for such purposes Landlord shall cooperate with Tenant in obtaining such permits and approvals. All of contractors, subcontractors, and materialmen employed by Tenant in performing Tenant's Work shall be at subject to the prior written approval of Landlord, which approval shall not be unreasonably withheld or delayed. Upon receipt of Tenant's sole cost and expense pursuant written notice requesting approval of any such contractors, subcontractors or materialmen, Landlord shall deliver written notice to plans and specifications which meet Tenant within ten (10) days after receipt of such written request setting forth Landlord's reasonable approvalapproval or disapproval thereof. If Tenant shall provide its own trash container(sdoes not receive any such written notice within such ten (10) 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 day period, then Landlord shall be reasonably designated by Landlord. During conclusively deemed to have approved such written request. (b) Notwithstanding anything to the Tenant improvement period, Tenant and its contractorcontrary contained herein, if anyTenant, shall keep the Project free of all construction and related debris. Prior despite its good faith efforts to opening for businessdo so, Tenant shall remove all construction and related debris from the Premises and the Project, and 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 is unable to obtain all necessary governmental permits, licenses approvals and approvals with respect thereto and shall fully comply with all covenants, conditions and restrictions permits to perform Tenant's Work on or before the date which is ninety (90) after date of record, governmental statutes, ordinances, rules and regulations pertaining thereto. Tenant covenants that no work execution of this Lease by Tenant's employees, agents Tenant shall have the right to terminate this Lease on written notice to Landlord, and upon such termination neither Tenant or contractors, Landlord shall disrupt or cause have any further obligations hereunder. (c) Tenant shall obtain from the City of Canfxxxx xxx furnish Landlord with a slowdown or stoppage copy of any work conducted by a certificate of occupancy for the Premises. Landlord on the Premises or Projectagrees to cooperate fully with Tenant in obtaining such certificate of occupancy.

Tenant's Construction. Tenant shall commence cause all Work to be performed in a good and wxxxxxx-like manner, in accordance with the installation Approved Plans and in compliance with all applicable Laws and the provisions of fixturesSection 8 of the Lease. Tenant or its designees shall obtain all permits, equipment certificates (including the non-residential use permit) and any other Tenant's Work as set forth in Exhibits "D," if any, promptly upon substantial governmental approvals from all governmental entities having jurisdiction which are necessary for the completion of Landlord's Work the Work. All construction materials used shall be subject to normal and customary warranties and Tenant shall will diligently pursue such installation and work to completioncompletion the prompt correction of all defects in the Work. All of Tenant's Work shall be at Tenant's sole cost and expense pursuant Subject to plans and specifications which meet Landlord's ’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 have the right to select and use its own construction manager (the “Tenant’s CM”), with respect to the Work. In such capacity, Tenant’s CM will oversee plans for the Work, prepare and related debris coordinate project schedules, manage long lead time items, administrate change orders, approve budgets and expenditures from the Premises Allowance, ensure conformity of the construction to the plans, manage Tenant’s specialty contractors and perform other customary construction management duties designated by Tenant. Landlord will fund and pay reasonable and customary fees to Tenant’s CM from the Project, and all such areas shall be left in a broom clean conditionAllowance (based upon percentage completion or other reasonable method approved by Landlord) as directed by Tenant. 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 or its designees shall obtain all necessary governmental permits, licenses certificates (including the non-residential use permit) and other governmental approvals with respect thereto and shall fully comply with from all covenants, conditions and restrictions governmental entities having jurisdiction which are necessary for the completion of record, governmental statutes, ordinances, rules and regulations pertaining thereto. Tenant covenants that no work by the Tenant's employees, agents or contractors, shall disrupt or cause a slowdown or stoppage of any work conducted by Landlord on the Premises or Project’s Work.

Tenant's Construction. (a) In the case that Tenant installs a ceiling other than supplied by the Landlord, ceiling should be fire-rated as required by applicable code. (b) Non-combustible materials must be used above ceiling. (c) Mezzanines not permitted unless approved by Landlord. (d) Provide all necessary partitions, except Demising Partitions, with finished drywall. Paint and decorate interior of Demised Premises. (e) Provide all floor coverings. (f) Provide for any additional heating and air conditioning equipment, additional to units supplied by Landlord which may be required by applicable ordinances and/or codes, with all wiring and duct work, designed by a professional engineer with seal. Space above ceiling may not be used as a return air plenum. All such equipment to be in proper operation on day that Tenant opens the Demised Premises for business. (g) Tenant shall commence not penetrate the roof in any manner whatsoever, be it for the installation of fixturesadditional air conditioning and ventilation systems, equipment or plumbing or utilities, without prior written approval from the Landlord. Work shall be done by a certified applicator, chosen by Landlord and any other Tenant's Work as set forth in Exhibits "D," if any, promptly upon substantial completion approved by the manufacturer of Landlord's Work and Tenant shall diligently pursue such installation and work to completionthe roofing material. All of Tenant's Work shall be at Tenant's sole cost and expense pursuant to plans and specifications which meet Landlord's reasonable approvalexpense. Tenant shall provide its own trash container(s) as needed be solely responsible for containment any and removal all damage to the roof of construction debris from the Shopping Center due to penetration, including but not limited to roof leaks, cancellation of roof guaranty and damage to the building components of the Shopping Center. Landlord shall not be held responsible for repairing or maintaining the Tenant's Work roof and Tenant shall remove said trash containers prior to opening for business. The location otherwise keeping it free of rain water filtration in accordance with Article 7.01 of the trash containers shall be reasonably designated by Landlord. During Lease if the Tenant improvement periodTenant, 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 all such areas shall be left in a broom clean condition. Tenant's employee or Tenant's contractor shall name and/or subcontractor, cause a penetration of the roofing system for any reason whatsoever unless the penetration has been approved by Landlord as and sealed by an acceptable certified applicator. (h) Pay for all charges and deposits relating to the initiation of all utility services including but not limited to water, sewer, gas, electricity and telephone, and also any additional insured on contractor's insurance policies. All fees and/or charges necessitated by the requirements of Tenant's Work shall be undertaken business. (i) Provide hot water and completed in a gooddrinking fountain, workmanlike manner, and Tenant shall obtain if required by code with all necessary governmental permits, licenses and approvals with respect thereto and shall fully comply with connections. (j) Provide fire extinguishers which may be required by code. (k) Provide all covenants, conditions and restrictions time clocks if required by applicable ordinances and/or codes. (l) Provide handicapped and/or extra toilets if required by code. (m) Provide any other work either within or without the Demised Premises specifically required by applicable codes and/or ordinances due to the nature of record, governmental statutes, ordinances, rules and regulations pertaining thereto. Tenant covenants that no work by Tenant's employees, agents or contractors, shall disrupt or cause a slowdown or stoppage of any work conducted by Landlord on the Premises or Projectbusiness.