Common use of Tenant’s Contractors Clause in Contracts

Tenant’s Contractors. All contractors and subcontractors participating in construction of the Tenant Improvements shall be bondable, reputable and shall meet all licensing and insurance requirements of the state in which the Premises are situated, be approved by Landlord, which approvals shall not be unreasonably withheld, conditioned or delayed, and have good labor relations and generally known in the industry to be capable of working in harmony with Landlord’s or other tenant’s contractors in the Project, and shall be required to comply with the Union Labor Standards of Exhibit I and Exhibit I-1 to the Lease. During the term of the Existing Mortgage (as defined in Section 23 of the Lease), the Tenant’s Contractor shall obtain and provide to Landlord a payment and performance bond for all Tenant Improvements prior to the commencement of construction; provided, however, Landlord shall pay for such bond premium. Notwithstanding the Union Labor Standards requirement, Landlord hereby approves and Tenant shall be permitted to use Gateway Construction Services, Inc., a Washington corporation, or another contractor selected by Tenant (subject to Landlord’s reasonable approval) as Tenant’s contractor for the initial Tenant Improvements (“Tenant’s Contractor”) , subject to Tenant’s Contractor agreeing in writing to use only union labor subcontractors to perform all Tenant Improvement work and not self-performing any scope of work with Tenant’s Contractor’s own labor. Further, Tenant’s Contractor shall ensure that all subcontractors to perform the Tenant Improvement work are in compliance with the Union Labor Standards at the time of bidding of the Tenant Improvement work, as well as when such work is being performed. Tenant’s and Tenant’s Contractor’s choice of subcontractors shall not materially affect any guaranties or warranties relating to the Building or Building Systems. Tenant and Tenant’s Contractor shall utilize MEP subcontractors reasonably approved by Landlord or by a reputable contractor reasonably approved by Landlord; the MEP subcontractors shall be those utilized by Landlord for the Base Building Work. Landlord shall have the right to receive a copy of the contract between Tenant and Tenant’s Contractor (the “Contractor Agreement”). All contracts between Tenant and Tenant’s Contractor for the Tenant Improvements shall contain a provision requiring Tenant’s Contractor to notify Landlord immediately in writing if Tenant fails to pay such Contractor according to the terms of the contract. From time to time, Tenant shall provide Landlord with: (a) Proof of compliance with the Union Labor Standards; (b) Contractor’s state contractor registration numbers; (c) A fully executed copy of the Contractor Agreement; (d) Fully executed Architect’s Agreement; (e) Subcontracts in excess of $100,000 and in total representing not less than 75% of the aggregate dollar of all subcontracts for the Tenant Improvements; (f) Construction schedule establishing a timetable for completion of the construction, showing, on a monthly basis, the anticipated progress of the Tenant Improvements; (g) A schedule of values, including a trade payment breakdown, setting forth a description of all contracts for the design, engineering, construction and equipping of the Tenant Improvements; (h) Complete list of subcontractors with name, telephone number, address and contact name; (i) A set of Working Drawings approved by the municipality issuing the Building permit; and (j) A copy of the Building permit. During the term of the Existing Mortgage, items (a) and (c) through (i) above shall be subject to prior approval by Landlord’s Mortgagee. Further, prior to the commencement of construction, Tenant and Tenant’s Contractor shall attend a preconstruction meeting with Landlord’s Construction Representative and/or property manager.

Appears in 2 contracts

Samples: Office Lease, Office Lease (Redfin CORP)

AutoNDA by SimpleDocs

Tenant’s Contractors. All contractors and subcontractors participating in construction of If Tenant should desire to enter the Tenant Improvements shall be bondable, reputable and shall meet all licensing and insurance requirements of the state in which the Premises are situated, be approved by Landlord, which approvals shall not be unreasonably withheld, conditioned Expansion Space or delayed, and have good labor relations and generally known in the industry authorize its agent to be capable of working in harmony with Landlord’s or other tenant’s contractors in the Project, and shall be required to comply with the Union Labor Standards of Exhibit I and Exhibit I-1 do so prior to the Lease. During the term of the Existing Mortgage (as defined in Section 23 Expansion Space Commencement Date of the Lease), to perform approved work not requested of the Tenant’s Contractor shall obtain and provide to Landlord a payment and performance bond for all Tenant Improvements prior to the commencement of construction; provided, howeverLandlord, Landlord shall pay for permit such bond premium. Notwithstanding the Union Labor Standards requirement, Landlord hereby approves and Tenant shall be permitted to use Gateway Construction Services, Inc., a Washington corporation, or another contractor selected by Tenant (subject to Landlord’s reasonable approval) as Tenant’s contractor for the initial Tenant Improvements (“Tenant’s Contractor”) , subject to Tenant’s Contractor agreeing in writing to use only union labor subcontractors to perform all Tenant Improvement work and not self-performing any scope of work with Tenant’s Contractor’s own labor. Further, Tenant’s Contractor shall ensure that all subcontractors to perform the Tenant Improvement work are in compliance with the Union Labor Standards at the time of bidding of the Tenant Improvement work, as well as when such work is being performed. Tenant’s and Tenant’s Contractor’s choice of subcontractors shall not materially affect any guaranties or warranties relating to the Building or Building Systems. Tenant and Tenant’s Contractor shall utilize MEP subcontractors reasonably approved by Landlord or by a reputable contractor reasonably approved by Landlord; the MEP subcontractors shall be those utilized by Landlord for the Base Building Work. Landlord shall have the right to receive a copy of the contract between Tenant and Tenant’s Contractor (the “Contractor Agreement”). All contracts between Tenant and Tenant’s Contractor for the Tenant Improvements shall contain a provision requiring Tenant’s Contractor to notify Landlord immediately in writing if Tenant fails to pay such Contractor according to the terms of the contract. From time to time, Tenant shall provide Landlord withentry if: (a) Proof Tenant shall use only such contractors which Landlord shall approve in its reasonable discretion; provided that any work affecting the electrical systems of compliance with the Union Labor Standards;Building or the HVAC systems of the Building shall be performed by an electrician or HVAC vendor listed on the Building approved contractors provided by Landlord to Tenant; and (b) Contractor’s state contractor registration numbers;Landlord shall have approved the plans to be utilized by Tenant, which approval will not be unreasonably withheld; and (c) A fully executed copy Tenant, its contractors, workmen, mechanics, engineers, space planners or such others as may enter the Expansion Space (collectively, "Tenant's Contractors"), work in harmony with and do not in any way disturb or interfere with Landlord's space planners, architects, engineers, contractors, workmen, mechanics or other agents or independent contractors in the performance of the Contractor Agreement;their work (collectively, "Landlord's Contractors"), it being understood and agreed that if entry of Tenant or Tenant's Contractors would cause, has caused or is causing a material disturbance to Landlord or Landlord's Contractors, then Landlord may, with notice, refuse admittance to Tenant or Tenant's Contractors causing such disturbance; and (d) Fully executed Architect’s Agreement; (e) Subcontracts Tenant, Tenant's Contractors and other agents shall provide Landlord sufficient evidence that each is covered under such Worker's Compensation, public liability and property damage insurance as Landlord may reasonably request for its protection. All insurance maintained by any contractor performing work in excess the Building must name Landlord and Property Manager as additional insureds. Landlord shall not be liable for any injury, loss or damage to any of $100,000 and in total representing not less than 75% of the aggregate dollar of all subcontracts for the Tenant Improvements; (f) Construction schedule establishing a timetable for Tenant's installations or decorations made prior to substantial completion of the construction, showing, on a monthly basis, Tenant's Improvements in the anticipated progress of the Tenant Improvements; (g) A schedule of values, including a trade payment breakdown, setting forth a description of all contracts for the design, engineering, construction Expansion Space and equipping of the Tenant Improvements; (h) Complete list of subcontractors with name, telephone number, address and contact name; (i) A set of Working Drawings approved by the municipality issuing the Building permit; and (j) A copy of the Building permit. During the term of the Existing Mortgage, items (a) and (c) through (i) above shall be subject to prior approval not installed by Landlord’s Mortgagee. FurtherTenant shall indemnify and hold harmless Landlord and Landlord's Contractors from and against any and all costs, prior to expenses, claims, liabilities and causes of action arising out of or in connection with work performed in the commencement Premises (including the Expansion Space) by or on behalf of construction, Tenant (but excluding work performed by Landlord or Landlord's Contractors). Such entry by Tenant and Tenant’s Contractor 's Contractors pursuant to this Section 4 shall attend a preconstruction meeting with Landlord’s Construction Representative and/or property managerbe deemed to be under all of the terms, covenants, provisions and conditions of the Lease except the covenant to pay Rent.

Appears in 2 contracts

Samples: Lease Agreement (Hallmark Financial Services Inc), Lease Agreement (Hallmark Financial Services Inc)

Tenant’s Contractors. All contractors and subcontractors participating in construction In light of the Tenant Improvements shall be bondable, reputable and shall meet all licensing and insurance requirements specialized nature of the state in which the Premises are situatedCommunications Equipment, be approved by Landlord, which approvals shall not be unreasonably withheld, conditioned or delayed, and have good labor relations and generally known in the industry to be capable of working in harmony with Landlord’s or other tenant’s contractors in the Project, and shall be required to comply with the Union Labor Standards of Exhibit I and Exhibit I-1 to the Lease. During the term of the Existing Mortgage (as defined in Section 23 of the Lease), the Tenant’s Contractor shall obtain and provide to Landlord a payment and performance bond for all Tenant Improvements prior to the commencement of construction; provided, however, Landlord shall pay for such bond premium. Notwithstanding the Union Labor Standards requirement, Landlord hereby approves and Tenant shall be permitted to use Gateway Construction Servicesutilize the vendors and contractors of its choice for installation, Inc., a Washington corporation, or another contractor selected by Tenant (subject to Landlord’s reasonable approval) as Tenant’s contractor for the initial Tenant Improvements (“Tenant’s Contractor”) , subject to Tenant’s Contractor agreeing in writing to use only union labor subcontractors to perform all Tenant Improvement work removal and not self-performing any scope of work with Tenant’s Contractor’s own labor. Further, Tenant’s Contractor shall ensure that all subcontractors to perform the Tenant Improvement work are in compliance with the Union Labor Standards at the time of bidding repair of the Tenant Improvement work, as well as when such work is being performedCommunications Equipment. Tenant’s and Tenant’s Contractor’s choice of subcontractors shall not materially affect any guaranties or warranties relating to Notwithstanding the Building or Building Systems. Tenant and Tenant’s Contractor shall utilize MEP subcontractors reasonably approved by Landlord or by a reputable contractor reasonably approved by Landlord; the MEP subcontractors shall be those utilized by Landlord for the Base Building Work. Landlord shall have the right to receive a copy of the contract between Tenant and Tenant’s Contractor (the “Contractor Agreement”). All contracts between Tenant and Tenant’s Contractor for the Tenant Improvements shall contain a provision requiring Tenant’s Contractor to notify Landlord immediately in writing if Tenant fails to pay such Contractor according to the terms of the contract. From time to timeforegoing, Tenant shall provide Landlord with: with prior notice of any such installation, removal or repair and coordinate such work with Landlord in order to avoid voiding or otherwise adversely affecting any warranties granted to Landlord with respect to the roof. If necessary, Tenant, at its sole cost and expense, shall retain any contractor having a then existing warranty on the roof to perform such work (a) Proof of compliance with to the Union Labor Standards; (b) Contractor’s state contractor registration numbers; (c) A fully executed copy extent that it involves penetration of the Contractor Agreement; (d) Fully executed Architectroof), or, at Tenant’s Agreement; (e) Subcontracts option, to perform the portion of such work which would affect the roof warranty in excess of $100,000 and in total representing not less than 75% conjunction with Tenant’s contractor. If Landlord contemplates roof repairs which require the temporary removal or relocation of the aggregate dollar Communications Equipment, or which may result in an interruption of all subcontracts Tenant’s telecommunications service, Landlord shall give Tenant at least ten (10) days prior written notice of such contemplated work in order to allow Tenant to make other arrangements for such services, provided that in the event of an emergency, Landlord shall not be required to give Tenant Improvements; ten (f10) Construction schedule establishing a timetable for completion days prior written notice, but shall in good faith, give Tenant as much notice as is reasonably possible considering the nature of the constructionemergency. In addition, showingif the roof repairs are not of an emergency nature and Tenant reasonably requires more than ten (10) days in which to make alternative service arrangements, Landlord will work together in good faith with Tenant to agree upon an arrangement that allows Landlord to perform such roof repairs on a monthly basistimely basis without additional cost and allows Tenant an adequate amount of time to make alternative service arrangements. Notwithstanding the foregoing, the anticipated progress of the Tenant Improvements; (g) A schedule of values, including a trade payment breakdown, setting forth a description of all contracts for the design, engineering, construction and equipping of the Tenant Improvements; (h) Complete list of subcontractors with name, telephone number, address and contact name; (i) A set of Working Drawings approved by Tenant shall not be required to relocate its Communications Equipment unless the municipality issuing work in question cannot reasonably be performed any other way, (ii) upon Tenant’s request, Landlord shall give Tenant reasonably detailed information about the Building permit; and (j) A copy of the Building permit. During the term of the Existing Mortgagework in question, items (a) and (ciii) through (i) above shall be subject to Landlord will not disconnect Tenant’s Communications Equipment without Tenant’s prior approval by Landlord’s Mortgagee. Furtherwritten consent, prior to but if Tenant does not grant such consent within the commencement of constructiontime frames provided for above, Tenant shall exonerate and Tenant’s Contractor shall attend a preconstruction meeting with Landlord’s Construction Representative and/or property managerindemnify Landlord from and against any and all liability arising out of any delay in performing the roof repairs in question resulting therefrom.

Appears in 1 contract

Samples: Lease Agreement (American Financial Realty Trust)

Tenant’s Contractors. All contractors and subcontractors participating in construction If Tenant should desire to enter the Premises or authorize its agent to do so prior to the Commencement Date of the Tenant Improvements shall be bondableLease, reputable and shall meet all licensing and insurance requirements to perform approved work not requested of the state in which the Premises are situated, be approved by Landlord, Landlord shall permit such entry if (a) Tenant shall use only such contractors which approvals Landlord shall approve in its reasonable discretion and Landlord shall have approved the plans to be utilized by Tenant, which approval will not be unreasonably withheld, conditioned or delayed, and have good labor relations and generally known in the industry to be capable of working in harmony with Landlord’s or other tenant’s contractors in the Project, and shall be required to comply with the Union Labor Standards of Exhibit I and Exhibit I-1 to the Lease. During the term of the Existing Mortgage (as defined in Section 23 of the Lease), the Tenant’s Contractor shall obtain and provide to Landlord a payment and performance bond for all Tenant Improvements prior to the commencement of construction; provided, however, Landlord shall pay for such bond premium. Notwithstanding the Union Labor Standards requirement, Landlord hereby approves and Tenant shall be permitted to use Gateway Construction Services, Inc., a Washington corporation, or another contractor selected by Tenant (subject to Landlord’s reasonable approval) as Tenant’s contractor for the initial Tenant Improvements (“Tenant’s Contractor”) , subject to Tenant’s Contractor agreeing in writing to use only union labor subcontractors to perform all Tenant Improvement work and not self-performing any scope of work with Tenant’s Contractor’s own labor. Further, Tenant’s Contractor shall ensure that all subcontractors to perform the Tenant Improvement work are in compliance with the Union Labor Standards at the time of bidding of the Tenant Improvement work, as well as when such work is being performed. Tenant’s and Tenant’s Contractor’s choice of subcontractors shall not materially affect any guaranties or warranties relating to the Building or Building Systems. Tenant and Tenant’s Contractor shall utilize MEP subcontractors reasonably approved by Landlord or by a reputable contractor reasonably approved by Landlord; the MEP subcontractors shall be those utilized by Landlord for the Base Building Work. Landlord shall have the right to receive a copy of the contract between Tenant and Tenant’s Contractor (the “Contractor Agreement”). All contracts between Tenant and Tenant’s Contractor for the Tenant Improvements shall contain a provision requiring Tenant’s Contractor to notify Landlord immediately in writing if Tenant fails to pay such Contractor according to the terms of the contract. From time to time, Tenant shall provide Landlord with: (a) Proof of compliance with the Union Labor Standards;and (b) Contractor’s state contractor registration numbers;Tenant, its contractors, workmen, mechanics, engineers, space planners or such others as may enter the Premises (collectively, "Tenant's Contractors"), work in harmony with and do not in any way disturb or interfere with Landlord's space planners, architects, engineers, contractors, workmen, mechanics or other agents or independent contractors in the performance of their work (collectively, "Landlord's Contractors"), it being understood and agreed that if entry of Tenant or Tenant's Contractors would cause, has caused or is causing a material disturbance to Landlord or Landlord's Contractors, then Landlord may, with notice, refuse admittance to Tenant or Tenant's Contractors causing such disturbance; and (c) A fully executed copy Tenant (notwithstanding the first sentence of subsection 7.201 of the Contractor Agreement; (d) Fully executed Architect’s Agreement; (e) Subcontracts in excess Supplemental Lease Provisions), Tenant's Contractors and other agents shall provide Landlord sufficient evidence that each is covered under such Worker's Compensation, public liability and property damage insurance as Landlord may reasonably request for its protection. Landlord shall not be liable for any injury, loss or damage to any of $100,000 and in total representing not less than 75% of the aggregate dollar of all subcontracts for the Tenant Improvements; (f) Construction schedule establishing a timetable for completion of the construction, showing, on a monthly basis, the anticipated progress of the Tenant Improvements; (g) A schedule of values, including a trade payment breakdown, setting forth a description of all contracts for the design, engineering, construction and equipping of the Tenant Improvements; (h) Complete list of subcontractors with name, telephone number, address and contact name; (i) A set of Working Drawings approved by the municipality issuing the Building permit; and (j) A copy of the Building permit. During the term of the Existing Mortgage, items (a) and (c) through (i) above shall be subject to prior approval by Landlord’s Mortgagee. Further, Tenant's installations or decorations made prior to the commencement Commencement Date and not installed by Landlord. Tenant shall indemnify and hold harmless Landlord and Landlord's Contractors from and against any and all costs, expenses, claims, liabilities and causes of constructionaction arising out of or in connection with work performed in the Premises by or on behalf of Tenant (but excluding work performed by Landlord or Landlord's Contractors). Landlord is not responsible for the function and maintenance of Tenant's Improvements which are different than Landlord's standard improvements at the Property or improvements, equipment, cabinets or fixtures not installed by Landlord. Such entry by Tenant and Tenant’s Contractor 's Contractors pursuant to this Section 5 shall attend a preconstruction meeting with Landlord’s Construction Representative and/or property manager.be deemed to be under all of the terms, covenants, provisions and conditions of the Lease except the covenant to pay Rent,

Appears in 1 contract

Samples: Office Lease Agreement (Ixc Communications Inc)

Tenant’s Contractors. All contractors and subcontractors participating in construction of the If Tenant Improvements shall be bondable, reputable and shall meet all licensing and insurance requirements of the state in which should desire to enter the Premises are situated, be approved by Landlord, which approvals shall not be unreasonably withheld, conditioned or delayed, and have good labor relations and generally known in the industry authorize its agent to be capable of working in harmony with Landlord’s or other tenant’s contractors in the Project, and shall be required to comply with the Union Labor Standards of Exhibit I and Exhibit I-1 do so prior to the Lease. During the term of the Existing Mortgage (as defined in Section 23 Commencement Date of the Lease), to perform approved work not requested of the Tenant’s Contractor shall obtain and provide to Landlord a payment and performance bond for all Tenant Improvements prior to the commencement of construction; provided, howeverLandlord, Landlord shall pay for permit such bond premium. Notwithstanding the Union Labor Standards requirement, Landlord hereby approves and Tenant shall be permitted to use Gateway Construction Services, Inc., a Washington corporation, or another contractor selected by Tenant (subject to Landlord’s reasonable approval) as Tenant’s contractor for the initial Tenant Improvements (“Tenant’s Contractor”) , subject to Tenant’s Contractor agreeing in writing to use only union labor subcontractors to perform all Tenant Improvement work and not self-performing any scope of work with Tenant’s Contractor’s own labor. Further, Tenant’s Contractor shall ensure that all subcontractors to perform the Tenant Improvement work are in compliance with the Union Labor Standards at the time of bidding of the Tenant Improvement work, as well as when such work is being performed. Tenant’s and Tenant’s Contractor’s choice of subcontractors shall not materially affect any guaranties or warranties relating to the Building or Building Systems. Tenant and Tenant’s Contractor shall utilize MEP subcontractors reasonably approved by Landlord or by a reputable contractor reasonably approved by Landlord; the MEP subcontractors shall be those utilized by Landlord for the Base Building Work. Landlord shall have the right to receive a copy of the contract between Tenant and Tenant’s Contractor (the “Contractor Agreement”). All contracts between Tenant and Tenant’s Contractor for the Tenant Improvements shall contain a provision requiring Tenant’s Contractor to notify Landlord immediately in writing if Tenant fails to pay such Contractor according to the terms of the contract. From time to time, Tenant shall provide Landlord withentry if: (a) Proof Landlord shall obtain at least three (3) competitive bids for the performance of compliance Tenant's Improvements. Tenant may submit for Landlord’s consideration one (1) proposed contractor to be included among the contractors invited to submit bids, provided such contractor proposed by Tenant complies with Landlord’s insurance requirements. Tenant shall use only such contractors which Landlord shall approve in its reasonable discretion and Landlord shall have approved the Union Labor Standards;plans to be utilized by Tenant, which approval will not be unreasonably withheld; and (b) Contractor’s state contractor registration numbers;Tenant, its contractors, workmen, mechanics, engineers, space planners or such others as may enter the Premises (collectively, "Tenant's Contractors"), shall work in harmony with and do not in any way disturb or interfere with Landlord's space planners, architects, engineers, contractors, workmen, mechanics or other agents or independent contractors in the performance of their work (collectively, "Landlord's Contractors"), it being understood and agreed that if entry of Tenant or Tenant's Contractors would cause, has caused or is causing a material disturbance to Landlord or Landlord's Contractors, then Landlord may, with notice, refuse admittance to Tenant or Tenant's Contractors causing such disturbance; and (c) A fully executed copy of the Contractor Agreement; (d) Fully executed Architect’s Agreement; (e) Subcontracts in excess Tenant, Tenant's Contractors and other agents shall provide Landlord sufficient evidence that each is covered under Worker's Compensation, and Commercial General Liability Insurance of $100,000 [***]per occurrence for Tenant’s Contractors which are involved in the actual construction of improvements or the installation of fixtures within the Premises or Worker's Compensation and Commercial General Liability Insurance of $[***] per occurrence for Tenant’s Contractors which are involved in total representing not less than 75% the installation of furnishings and equipment, including, without limitation, cabling, carpeting, and window treatments, in the aggregate dollar of all subcontracts Premises, together with such property insurance as Landlord may reasonably request for the Tenant Improvements; (f) Construction schedule establishing a timetable its protection. General Liability Insurance shall include coverage for completion of the ongoing and completed construction. Tenant’s Contractors will name Landlord, showing, on a monthly basisLandlord's partners, the anticipated progress wholly-owned affiliates of the Tenant Improvements; (g) A schedule Landlord's partners, and Property Manager as additional insureds on commercial general liability and property insurance policies. All liability policies will be primary and non-contributory and contain waivers of valuessubrogation in favor of Landlord. Workers Compensation policy shall contain a waiver of subrogation in favor of Landlord. Landlord shall not be liable for any injury, including a trade payment breakdown, setting forth a description loss or damage to any of all contracts for the design, engineering, construction and equipping of the Tenant Improvements; (h) Complete list of subcontractors with name, telephone number, address and contact name; (i) A set of Working Drawings approved by the municipality issuing the Building permit; and (j) A copy of the Building permit. During the term of the Existing Mortgage, items (a) and (c) through (i) above shall be subject to prior approval by Landlord’s Mortgagee. Further, Tenant's installations or decorations made prior to the commencement Commencement Date and not installed by Landlord. Tenant shall indemnify and hold harmless Landlord and Landlord's Contractors from and against any and all costs, expenses, claims, liabilities and causes of constructionaction arising out of or in connection with work performed in the Premises by or on behalf of Tenant (but excluding work performed by Landlord or Landlord's Contractors). Landlord is not responsible for the function and maintenance of Tenant's Improvements which are different than Landlord's standard improvements at the Property or improvements, equipment, cabinets or fixtures not installed by Landlord. Such entry by Tenant and Tenant’s Contractor 's Contractors pursuant to this Section 5 shall attend a preconstruction meeting with Landlord’s Construction Representative and/or property managerbe deemed to be under all of the terms, covenants, provisions and conditions of the Lease except the covenant to pay Rent.

Appears in 1 contract

Samples: Office Lease (Elevate Credit, Inc.)

Tenant’s Contractors. All contractors and subcontractors participating in construction If Tenant should desire to enter the First Expansion Space or authorize its agent to do so prior to the First Expansion Space Rent Commencement Date, to perform approved work not requested of the Tenant Improvements shall be bondable, reputable and shall meet all licensing and insurance requirements of the state in which the Premises are situated, be approved by Landlord, Landlord shall permit such entry if: a. Tenant uses only such contractors which approvals shall Landlord approves in its reasonable discretion and Landlord has approved the plans to be utilized by Tenant, which approval will not be unreasonably withheld; and b. Tenant, conditioned its contractors, workmen, mechanics, engineers, space planners or delayedsuch others as may enter the First Expansion Space (collectively, and have good labor relations and generally known in the industry to be capable of working “Tenant’s Contractors”), work in harmony with and do not in any way disturb or interfere with Landlord’s space planners, architects, engineers, contractors, workmen, mechanics or other tenant’s agents or independent contractors in the Projectperformance of their work (collectively, and shall be required to comply with the Union Labor Standards of Exhibit I and Exhibit I-1 to the Lease. During the term of the Existing Mortgage (as defined in Section 23 of the Lease“Landlord’s Contractors”), the it being understood and agreed that if entry of Tenant or Tenant’s Contractor shall obtain and provide Contractors would cause, has caused or is causing a material disturbance to Landlord a payment and performance bond for all Tenant Improvements prior to the commencement of construction; provided, however, Landlord shall pay for such bond premium. Notwithstanding the Union Labor Standards requirement, Landlord hereby approves and Tenant shall be permitted to use Gateway Construction Services, Inc., a Washington corporation, or another contractor selected by Tenant (subject to Landlord’s reasonable approval) as Contractors, then Landlord may, with notice, refuse admittance to Tenant or Tenant’s contractor for the initial Tenant Improvements (“Contractors causing such disturbance; and c. Tenant’s Contractor”) , subject to Tenant’s Contractor agreeing in writing to use only union labor subcontractors to perform all Tenant Improvement work and not self-performing any scope of work with Tenant’s Contractor’s own labor. Further, Tenant’s Contractor Contractors and other agents provide Landlord sufficient evidence that each is covered under such Worker’s Compensation, public liability and property damage insurance as Landlord may reasonably request for its protection. Landlord shall ensure not be liable for any injury, loss or damage to any of Tenant’s installations or decorations that are not installed by Landlord. Tenant shall indemnify and hold harmless Landlord and Landlord’s Contractors from and against, and reimburse Landlord for and with respect to, any and all subcontractors to perform costs, expenses, claims, liabilities and causes of action arising out of or in connection with work performed in the First Expansion Space by or on behalf of Tenant Improvement (but excluding work performed by Landlord or Landlord’s Contractors). Landlord is not responsible for the function and maintenance of Tenant’s Improvements which are in compliance with the Union Labor Standards different than Landlord’s standard improvements at the time of bidding of the Tenant Improvement workProperty or improvements, as well as when such work is being performedequipment, cabinets or fixtures not installed by Landlord. Tenant’s and Tenant’s Contractor’s choice of subcontractors shall not materially affect any guaranties or warranties relating to the Building or Building Systems. Such entry by Tenant and Tenant’s Contractor shall utilize MEP subcontractors reasonably approved by Landlord or by a reputable contractor reasonably approved by Landlord; the MEP subcontractors Contractors pursuant to this Section 5 shall be those utilized by Landlord for the Base Building Work. Landlord shall have the right deemed to receive a copy be under all of the contract between Tenant terms, covenants, provisions and Tenant’s Contractor (conditions of the “Contractor Agreement”). All contracts between Tenant and Tenant’s Contractor for Lease except the Tenant Improvements shall contain a provision requiring Tenant’s Contractor to notify Landlord immediately in writing if Tenant fails covenant to pay such Contractor according to the terms of the contract. From time to time, Tenant shall provide Landlord with: (a) Proof of compliance with the Union Labor Standards; (b) Contractor’s state contractor registration numbers; (c) A fully executed copy of the Contractor Agreement; (d) Fully executed Architect’s Agreement; (e) Subcontracts in excess of $100,000 and in total representing not less than 75% of the aggregate dollar of all subcontracts for the Tenant Improvements; (f) Construction schedule establishing a timetable for completion of the construction, showing, on a monthly basis, the anticipated progress of the Tenant Improvements; (g) A schedule of values, including a trade payment breakdown, setting forth a description of all contracts for the design, engineering, construction and equipping of the Tenant Improvements; (h) Complete list of subcontractors with name, telephone number, address and contact name; (i) A set of Working Drawings approved by the municipality issuing the Building permit; and (j) A copy of the Building permit. During the term of the Existing Mortgage, items (a) and (c) through (i) above shall be subject to prior approval by Landlord’s Mortgagee. Further, prior to the commencement of construction, Tenant and Tenant’s Contractor shall attend a preconstruction meeting with Landlord’s Construction Representative and/or property managerRent.

Appears in 1 contract

Samples: Office Lease Agreement (Medidata Solutions, Inc.)

Tenant’s Contractors. All contractors and subcontractors participating in construction of the Tenant Improvements shall be bondable, reputable and shall meet all licensing and insurance requirements of the state in which the Premises are situated, be reasonably approved by Landlord, which approvals shall not be unreasonably withheld, conditioned or delayed, and have good labor relations and generally known in the industry to be capable of working in harmony with Landlord’s or other tenant’s contractors in the Project, and shall be required to comply with the Union Labor Standards of Exhibit I and Exhibit I-1 to the Lease. During the term of the Existing Mortgage (as defined in Section 23 of the Lease), the Tenant’s Contractor shall obtain and provide to Landlord a payment and performance bond for all Tenant Improvements prior to the commencement of construction; provided, however, Landlord shall pay for such bond premium. Notwithstanding the Union Labor Standards requirement, Landlord hereby approves and Tenant shall be permitted to use Gateway Construction Services, Inc., a Washington corporation, or another contractor selected by Tenant (subject to Landlord’s reasonable approval) as Tenant’s contractor for the initial Tenant Improvements (“Tenant’s Contractor”) , subject to Tenant’s Contractor agreeing in writing to use only union labor subcontractors to perform all Tenant Improvement work and not self-performing any scope of work with Tenant’s Contractor’s own labor. Further, Tenant’s Contractor shall ensure that all subcontractors to perform the Tenant Improvement work are in compliance with the Union Labor Standards at the time of bidding of the Tenant Improvement work, as well as when such work is being performed. Tenant’s and Tenant’s Contractor’s choice of subcontractors shall not materially affect any guaranties or warranties relating to the Building or Building Systemssystems. Tenant and shall utilize a general contractor (“Tenant’s Contractor”) from the following list: Lewis, Turner, Mortenson, Foushee, Xxxxxx, MRJ, Xxxxxxxxx, XX Builders, Xxxxxx X. Xxxxxx, or GLY. Tenant’s Contractor shall utilize MEP subcontractors reasonably approved by Landlord or by a reputable contractor reasonably approved by Landlord; the MEP subcontractors shall be those utilized by Landlord for the Base Building Work. Landlord shall have the right to receive a copy of the contract choose Electrical and Mechanical sub-contractor from an approved list, provided, however, Tenant’s Contractor shall be required to utilize Xxxxxxxxxx Engineering for controllers. All contracts between Tenant and Tenant’s Contractor (for the “Contractor Agreement”)Tenant Improvements shall contain a provision requiring payment and performance bonds for all Tenant Improvements prior to the commencement of construction. All contracts between Tenant and Tenant’s Contractor for the Tenant Improvements shall contain a provision requiring Tenant’s Contractor to notify Landlord immediately in writing if Tenant fails to pay such Contractor according to the terms of the contract. From time to time, Tenant shall provide Landlord with: (a) Proof A copy of compliance with the Union Labor Standardsconstruction contract and budget; (b) Contractor’s state contractor registration numbers; (c) A fully executed copy of the Contractor Agreement; (d) Fully executed Architect’s Agreement; (e) Subcontracts in excess of $100,000 and in total representing not less than 75% of the aggregate dollar of all subcontracts for the Tenant Improvements; (f) Construction schedule establishing a timetable for completion of the construction, showing, on a monthly basis, the anticipated progress of the Tenant Improvements; (g) A schedule of values, including a trade payment breakdown, setting forth a description of all contracts for the design, engineering, construction and equipping of the Tenant Improvements; (h) Complete list of subcontractors with name, telephone number, address and contact name; (id) A set of Working Drawings approved by the municipality issuing the Building permit; and; (je) A copy of the Building permit; and (f) Copies of bonds in place. During the term of the Existing Mortgage, items (a) and (c) through (i) above shall be subject to prior approval by Landlord’s Mortgagee. Further, prior Prior to the commencement of construction, Tenant and Tenant’s Contractor shall attend a preconstruction meeting with Landlord’s Construction Representative and/or property manager.

Appears in 1 contract

Samples: Office Lease (Tableau Software Inc)

Tenant’s Contractors. All contractors and subcontractors participating in construction of the If Tenant Improvements shall be bondable, reputable and shall meet all licensing and insurance requirements of the state in which should desire to enter the Premises are situated, be approved by Landlord, which approvals shall not be unreasonably withheld, conditioned or delayed, and have good labor relations and generally known in the industry authorize its agent to be capable of working in harmony with Landlord’s or other tenant’s contractors in the Project, and shall be required to comply with the Union Labor Standards of Exhibit I and Exhibit I-1 do so prior to the Lease. During the term of the Existing Mortgage (as defined in Section 23 Commencement Date of the Lease), to perform approved work not requested of the Tenant’s Contractor shall obtain and provide to Landlord a payment and performance bond for all Tenant Improvements prior to the commencement of construction; provided, howeverLandlord, Landlord shall pay for permit such bond premium. Notwithstanding entry upon, and subject to, the Union Labor Standards requirement, Landlord hereby approves following terms and Tenant shall be permitted to use Gateway Construction Services, Inc., a Washington corporation, or another contractor selected by Tenant (subject to Landlord’s reasonable approval) as Tenant’s contractor for the initial Tenant Improvements (“Tenant’s Contractor”) , subject to Tenant’s Contractor agreeing in writing to use only union labor subcontractors to perform all Tenant Improvement work and not self-performing any scope of work with Tenant’s Contractor’s own labor. Further, Tenant’s Contractor shall ensure that all subcontractors to perform the Tenant Improvement work are in compliance with the Union Labor Standards at the time of bidding of the Tenant Improvement work, as well as when such work is being performed. Tenant’s and Tenant’s Contractor’s choice of subcontractors shall not materially affect any guaranties or warranties relating to the Building or Building Systems. Tenant and Tenant’s Contractor shall utilize MEP subcontractors reasonably approved by Landlord or by a reputable contractor reasonably approved by Landlord; the MEP subcontractors shall be those utilized by Landlord for the Base Building Work. Landlord shall have the right to receive a copy of the contract between Tenant and Tenant’s Contractor (the “Contractor Agreement”). All contracts between Tenant and Tenant’s Contractor for the Tenant Improvements shall contain a provision requiring Tenant’s Contractor to notify Landlord immediately in writing if Tenant fails to pay such Contractor according to the terms of the contract. From time to time, Tenant shall provide Landlord withconditions: (a) Proof Tenant, its contractors, workmen, mechanics, engineers, space planners or such others as may enter the Premises (collectively, "Tenant's Contractors"), shall work in harmony with and do not in any way disturb or interfere with Landlord's space planners, architects, engineers, contractors, workmen, mechanics or other agents or independent contractors in the performance of compliance their work (collectively, "Landlord's Contractors"), it being understood and agreed that if entry of Tenant or Tenant's Contractors would cause, has caused or is causing a material disturbance to Landlord or Landlord's Contractors, then Landlord may, with the Union Labor Standards;notice, refuse admittance to Tenant or Tenant's Contractors causing such disturbance; and (b) Contractor’s state contractor registration numbers; (c) A fully executed copy Tenant, Tenant's Contractors and other agents shall provide Landlord sufficient evidence that each is covered under such Worker's Compensation, public liability and property damage insurance as Landlord may reasonably request for its protection. Landlord shall not be liable for any injury, loss or damage to any of the Contractor Agreement; (d) Fully executed Architect’s Agreement; (e) Subcontracts in excess of $100,000 and in total representing not less than 75% of the aggregate dollar of all subcontracts for the Tenant Improvements; (f) Construction schedule establishing a timetable for completion of the construction, showing, on a monthly basis, the anticipated progress of the Tenant Improvements; (g) A schedule of values, including a trade payment breakdown, setting forth a description of all contracts for the design, engineering, construction and equipping of the Tenant Improvements; (h) Complete list of subcontractors with name, telephone number, address and contact name; (i) A set of Working Drawings approved by the municipality issuing the Building permit; and (j) A copy of the Building permit. During the term of the Existing Mortgage, items (a) and (c) through (i) above shall be subject to prior approval by Landlord’s Mortgagee. Further, Tenant's installations or decorations made prior to the commencement Commencement Date and not installed by Landlord (excluding Landlord's gross negligence and/or willful misconduct). Tenant shall indemnify and hold harmless Landlord and Landlord's Contractors from and against any and all costs, expenses, claims, liabilities and causes of constructionaction arising out of or in connection with work performed in the Premises by or on behalf of Tenant (but excluding work performed by Landlord or Landlord's Contractors or Landlord's or its Contractor's negligence or willful misconduct). Landlord is not responsible for the function and maintenance of Tenant's Improvements which are different than Landlord's standard improvements at the Property or improvements, equipment, cabinets or fixtures not installed by Landlord. Such entry by Tenant and Tenant’s Contractor 's Contractors pursuant to this Section 5 shall attend a preconstruction meeting be deemed to be under all of the terms, covenants, provisions and conditions of the Lease except the covenant to pay Rent. Landlord shall indemnify and hold harmless Tenant and Tenant's contractors from and against any and all costs, expenses, claims, liabilities and causes of action arising out of or in connection with Landlord’s Construction Representative and/or property manager.work performed in the Premises by or on behalf of Landlord (but excluding work performed by Tenant or Tenant's contractors or Tenant's or its contractor's negligence or willful misconduct). Home Interiors & Gifts, Inc. Granite Tower at The Centre, 8/17/1999

Appears in 1 contract

Samples: Office Lease (Home Interiors & Gifts Inc)

Tenant’s Contractors. All contractors and subcontractors participating in construction If Tenant should desire to enter the Premises or authorize its agent to do so prior to the Commencement Date of the Tenant Improvements shall be bondable, reputable and shall meet all licensing and insurance requirements Lease to perform approved work not requested of the state in which the Premises are situated, be approved by Landlord, Landlord shall permit such entry if: (a) Tenant shall use only such contractors which approvals Landlord shall approve in its reasonable discretion and Landlord shall have approved the plans to be utilized by Tenant, which approval will not be unreasonably withheld; and (b) Tenant, conditioned its contractors, workmen, mechanics, engineers, space planners or delayedsuch others as may enter the Premises (collectively, and have good labor relations and generally known in the industry to be capable of working "Tenant's Contractors"), work in harmony with and do not in any way disturb or interfere with Landlord’s 's space planners, architects, engineers, contractors, workmen, mechanics or other tenant’s agents or independent contractors in the Projectperformance of their work (collectively, "Landlord's Contractors", it being understood and shall be required agreed that if entry of Tenant or Tenant's Contractors would cause, has caused or is causing a material disturbance to comply Landlord or Landlord's Contractors, then Landlord may, with notice, refuse admittance to Tenant or Tenant's Contractors causing such disturbance; and (c) Tenant (notwithstanding the Union Labor Standards first sentence of Exhibit I and Exhibit I-1 to the Lease. During the term of the Existing Mortgage (as defined in Section 23 9.02 of the Lease), the Tenant’s Contractor 's Contractors and other agents shall obtain provide Landlord sufficient evidence that each is covered under such workers' compensation, public liability and provide property damage insurance as Landlord may reasonably request for its protection. Landlord shall not be liable for any injury, loss or damage to Landlord a payment and performance bond for all Tenant Improvements any of Tenant's installations or decorations made prior to the commencement of construction; provided, however, Landlord shall pay for such bond premiumCommencement Date and not installed by Landlord. Notwithstanding the Union Labor Standards requirement, Landlord hereby approves and Tenant shall be permitted to use Gateway Construction Servicesindemnify and hold harmless Landlord and Landlord's Contractors from and against any and all costs, Inc.expenses, a Washington corporationclaims, liabilities and causes of action arising out of or another contractor selected in connection with work performed in the Premises by or on behalf of Tenant (subject to but excluding work performed by Landlord or Landlord’s reasonable approval) as Tenant’s contractor 's Contractors). Landlord is not responsible for the initial Tenant function and maintenance of Tenant's Improvements (“Tenant’s Contractor”) , subject to Tenant’s Contractor agreeing in writing to use only union labor subcontractors to perform all Tenant Improvement work and not self-performing any scope of work with Tenant’s Contractor’s own labor. Further, Tenant’s Contractor shall ensure that all subcontractors to perform the Tenant Improvement work which are in compliance with the Union Labor Standards different than Landlord's standard improvements at the time of bidding of the Tenant Improvement workProperty or improvements, as well as when such work is being performedequipment, cabinets or fixtures not installed by Landlord. Tenant’s and Tenant’s Contractor’s choice of subcontractors shall not materially affect any guaranties or warranties relating to the Building or Building Systems. Such entry by Tenant and Tenant’s Contractor shall utilize MEP subcontractors reasonably approved by Landlord or by a reputable contractor reasonably approved by Landlord; the MEP subcontractors 's Contractors pursuant to this Section 5 shall be those utilized by Landlord for the Base Building Work. Landlord shall have the right deemed to receive a copy be under all of the contract between Tenant terms, covenants, provisions and Tenant’s Contractor (conditions of the “Contractor Agreement”). All contracts between Tenant and Tenant’s Contractor for Lease except the Tenant Improvements shall contain a provision requiring Tenant’s Contractor to notify Landlord immediately in writing if Tenant fails covenant to pay such Contractor according to the terms of the contract. From time to time, Tenant shall provide Landlord with: (a) Proof of compliance with the Union Labor Standards; (b) Contractor’s state contractor registration numbers; (c) A fully executed copy of the Contractor Agreement; (d) Fully executed Architect’s Agreement; (e) Subcontracts in excess of $100,000 and in total representing not less than 75% of the aggregate dollar of all subcontracts for the Tenant Improvements; (f) Construction schedule establishing a timetable for completion of the construction, showing, on a monthly basis, the anticipated progress of the Tenant Improvements; (g) A schedule of values, including a trade payment breakdown, setting forth a description of all contracts for the design, engineering, construction and equipping of the Tenant Improvements; (h) Complete list of subcontractors with name, telephone number, address and contact name; (i) A set of Working Drawings approved by the municipality issuing the Building permit; and (j) A copy of the Building permit. During the term of the Existing Mortgage, items (a) and (c) through (i) above shall be subject to prior approval by Landlord’s Mortgagee. Further, prior to the commencement of construction, Tenant and Tenant’s Contractor shall attend a preconstruction meeting with Landlord’s Construction Representative and/or property managerRent.

Appears in 1 contract

Samples: Office Lease (Ivg Corp)

Tenant’s Contractors. All During the Term of this Lease, whenever Tenant makes any alterations and improvements or performs any other work of any kind within the Premises through the services of any contractor or contractors, the following conditions shall be fulfilled, and Tenant, by undertaking to have such work performed by its contractor or contractors, shall be deemed to have agreed to cause such conditions to be fulfilled: 7.10.1. Prior to commencing any such work, Tenant shall (a) furnish Landlord with a written description of the proposed work and reasonably detailed plans and specifications therefor and (b) obtain the approval of Landlord, in writing, for the specific work it proposes to perform and all such plans and specifications. 7.10.2. The work shall be performed at Tenant's expense by responsible contractors and subcontractors participating approved in construction of the Tenant Improvements shall be bondable, reputable and shall meet all licensing and insurance requirements of the state in which the Premises are situated, be approved advance by Landlord, which approvals who shall not be unreasonably withheld, conditioned or delayedin Landlord's sole opinion, and have good labor relations and generally known who in the industry to be capable of working in harmony fact do not, prejudice Landlord's relationship with Landlord’s 's contractors or other tenant’s subcontractors or the relationship between such contractors in the Projectand their subcontractors or employees, or disturb harmonious labor relations. Tenant's contractors and subcontractors shall be required to comply with the Union Labor Standards of all insurance requirements and undertakings set forth in Exhibit I and Exhibit I-1 to the Lease. During the term of the Existing Mortgage (as defined in Section 23 of the Lease), the Tenant’s Contractor shall obtain and provide to Landlord a payment and performance bond for all Tenant Improvements prior to the commencement of construction; provided, however, Landlord shall pay for such bond premium. Notwithstanding the Union Labor Standards requirement, Landlord hereby approves and Tenant shall be permitted to use Gateway Construction Services, Inc., a Washington corporation, or another contractor selected by Tenant (subject to Landlord’s reasonable approval) as Tenant’s contractor for the initial Tenant Improvements (“Tenant’s Contractor”) , subject to Tenant’s Contractor agreeing in writing to use only union labor subcontractors to perform all Tenant Improvement work and not self-performing any scope of work with Tenant’s Contractor’s own labor. Further, Tenant’s Contractor shall ensure that all subcontractors to perform the Tenant Improvement work are in compliance with the Union Labor Standards at the time of bidding of the Tenant Improvement work"E" attached hereto, as well as when such work is being performed. Tenant’s and Tenant’s Contractor’s choice of subcontractors shall not materially affect any guaranties or warranties relating the same may be changed by written notice from Landlord to the Building or Building Systems. Tenant and Tenant’s Contractor shall utilize MEP subcontractors reasonably approved by Landlord or by a reputable contractor reasonably approved by Landlord; the MEP subcontractors shall be those utilized by Landlord for the Base Building Work. Landlord shall have the right to receive a copy of the contract between Tenant and Tenant’s Contractor (the “Contractor Agreement”). All contracts between Tenant and Tenant’s Contractor for the Tenant Improvements shall contain a provision requiring Tenant’s Contractor to notify Landlord immediately in writing if Tenant fails to pay such Contractor according to the terms of the contract. From from time to time, Tenant shall provide Landlord with:time during the Term. (a) Proof of compliance with the Union Labor Standards; (b) Contractor’s state contractor registration numbers; (c) A fully executed copy of the Contractor Agreement; (d) Fully executed Architect’s Agreement; (e) Subcontracts in excess of $100,000 and in total representing not less than 75% of the aggregate dollar of all subcontracts for the Tenant Improvements; (f) Construction schedule establishing a timetable for completion of the construction, showing, on a monthly basis, the anticipated progress of the Tenant Improvements; (g) A schedule of values, including a trade payment breakdown, setting forth a description of all contracts for the design, engineering, construction and equipping of the Tenant Improvements; (h) Complete list of subcontractors with name, telephone number, address and contact name; (i) A set of Working Drawings approved by the municipality issuing the Building permit; and (j) A copy of the Building permit7.10.3. During the term of the Existing Mortgage, items (a) and (c) through (i) above shall be subject to prior approval by Landlord’s Mortgagee. FurtherSuch contractors shall, prior to the commencement of constructiontheir work and not later than ten (10) days after the execution of their respective contracts, file waivers of mechanic's liens in the appropriate public office, which waivers shall be effective to preclude the filing of any mechanic's liens on account of the work to be performed by any of Tenant's contractors, subcontractors or materialmen. 7.10.4. No such work shall be performed in such manner or at such times as to interfere with any work being done by any of Landlord's contractors or subcontractors in the Premises or in or about the Property generally. Landlord shall, however, endeavor to allow Tenant access for such work at the earliest time after the Substantial Completion Date, consistent with the restrictions of this Section 7.10. Tenant's contractors and subcontractors shall be subject to the decisions of Landlord's contractor as to such matters and as to avoidance of interference with other tenants of the Building or the work of other tenants' contractors and subcontractors, but Landlord's contractor shall not be responsible for any aspect of the work performed by Tenant's contractors or subcontractors or for the coordination of the work of Landlord's contractors or others with Tenant's contractors. 7.10.5. Except as otherwise set forth in this Section 7.10, all such work shall be subject to the requirements and provisions of Sections 10.6, 10.7 and 25 of this Lease. 7.10.6. Tenant and Tenant’s Contractor its contractors and subcontractors shall attend a preconstruction meeting with be solely responsible for the transportation, safekeeping and storage of materials and equipment used in the performance of their work, for the removal of waste and debris resulting therefrom, and for any damage caused by them to any installations or work performed by Landlord’s Construction Representative and/or property manager's, or any other tenant's, contractors and subcontractors.

Appears in 1 contract

Samples: Office Lease (Real Media Inc)

Tenant’s Contractors. All contractors and subcontractors participating in construction of the If Tenant Improvements shall be bondable, reputable and shall meet all licensing and insurance requirements of the state in which should desire to enter the Premises are situated, be approved by Landlord, which approvals shall not be unreasonably withheld, conditioned or delayed, and have good labor relations and generally known in the industry authorize its agent to be capable of working in harmony with Landlord’s or other tenant’s contractors in the Project, and shall be required to comply with the Union Labor Standards of Exhibit I and Exhibit I-1 do so prior to the Lease. During the term of the Existing Mortgage (as defined in Section 23 Commencement Date of the Lease), to perform approved work not requested of the Tenant’s Contractor shall obtain and provide to Landlord a payment and performance bond for all Tenant Improvements prior to the commencement of construction; provided, howeverLandlord, Landlord shall pay for permit such bond premium. Notwithstanding the Union Labor Standards requirement, Landlord hereby approves and Tenant shall be permitted to use Gateway Construction Services, Inc., a Washington corporation, or another contractor selected by Tenant (subject to Landlord’s reasonable approval) as Tenant’s contractor for the initial Tenant Improvements (“Tenant’s Contractor”) , subject to Tenant’s Contractor agreeing in writing to use only union labor subcontractors to perform all Tenant Improvement work and not self-performing any scope of work with Tenant’s Contractor’s own labor. Further, Tenant’s Contractor shall ensure that all subcontractors to perform the Tenant Improvement work are in compliance with the Union Labor Standards at the time of bidding of the Tenant Improvement work, as well as when such work is being performed. Tenant’s and Tenant’s Contractor’s choice of subcontractors shall not materially affect any guaranties or warranties relating to the Building or Building Systems. Tenant and Tenant’s Contractor shall utilize MEP subcontractors reasonably approved by Landlord or by a reputable contractor reasonably approved by Landlord; the MEP subcontractors shall be those utilized by Landlord for the Base Building Work. Landlord shall have the right to receive a copy of the contract between Tenant and Tenant’s Contractor (the “Contractor Agreement”). All contracts between Tenant and Tenant’s Contractor for the Tenant Improvements shall contain a provision requiring Tenant’s Contractor to notify Landlord immediately in writing if Tenant fails to pay such Contractor according to the terms of the contract. From time to time, Tenant shall provide Landlord withentry if: (a) Proof of compliance with Tenant shall use only such contractors which Landlord shall approve in its reasonable discretion and Landlord shall have approved the Union Labor Standards;plans to be utilized by Tenant, which approval will not be unreasonably withheld or delayed; and (b) Contractor’s state contractor registration numbers;Tenant, its contractors, workmen, mechanics, engineer, space planners or such others as may enter the Premises (collectively, "Tenant's Contractors"), work in harmony with and do not in any way disturb or interfere with Landlord's space planners, architects, engineers, contractors, workmen, mechanics or other agents or independent contractors in the performance of their work (collectively, "Landlord's Contractors"), it being understood and agreed that if entry of Tenant or Tenant's Contractors would cause, has caused or is causing a material disturbance to Landlord or Landlord's Contractors, then Landlord may, with notice, refuse admittance to Tenant or Tenant's Contractors causing such disturbance; and (c) A fully executed copy Tenant (notwithstanding the first sentence of subsection 7.201 of the Contractor Agreement; (d) Fully executed Architect’s Agreement; (e) Subcontracts in excess Supplemental Lease Provisions), Tenant's Contractors and other agents shall provide landlord sufficient evidence that each is covered under such Workers' Compensation, public liability and property damage insurance as Landlord may reasonably request for its protection. Landlord shall not be liable for any injury, loss or damage to any of $100,000 and in total representing not less than 75% of the aggregate dollar of all subcontracts for the Tenant Improvements; (f) Construction schedule establishing a timetable for completion of the construction, showing, on a monthly basis, the anticipated progress of the Tenant Improvements; (g) A schedule of values, including a trade payment breakdown, setting forth a description of all contracts for the design, engineering, construction and equipping of the Tenant Improvements; (h) Complete list of subcontractors with name, telephone number, address and contact name; (i) A set of Working Drawings approved by the municipality issuing the Building permit; and (j) A copy of the Building permit. During the term of the Existing Mortgage, items (a) and (c) through (i) above shall be subject to prior approval by Landlord’s Mortgagee. Further, Tenant's installations or decorations made prior to the commencement Commencement Date and not installed by Landlord's contractors. Tenant shall indemnify and hold harmless Landlord and Landlord's Contractors from and against any and all costs, expenses, claims, liabilities and causes of constructionaction arising out of or in connection with work performed in the Premises by or on behalf of Tenant (but excluding work performed by Landlord or Landlord's Contractors). Landlord is not responsible for the function and maintenance of improvements, equipment, cabinets or fixtures not installed by Landlord. Such entry by Tenant and Tenant’s Contractor 's Contractors pursuant to this Section 5 shall attend a preconstruction meeting with Landlord’s Construction Representative and/or property manager.be deemed to be under all of the terms, covenants, provisions and

Appears in 1 contract

Samples: Standard Office Lease Agreement (McAfee Associates Inc)

Tenant’s Contractors. All contractors and subcontractors participating in construction If Tenant should desire to enter the Third Floor -------------------- Right of First Refusal Premises or authorize its agent to do so prior to Substantial Completion of the Tenant Tenant's Improvements shall be bondablein the Third Floor Right of First Refusal Premises, reputable and shall meet all licensing and insurance requirements to perform approved work not requested of the state in which the Premises are situated, be approved by Landlord, which approvals shall not be unreasonably withheld, conditioned or delayed, and have good labor relations and generally known in the industry to be capable of working in harmony with Landlord’s or other tenant’s contractors in the Project, and shall be required to comply with the Union Labor Standards of Exhibit I and Exhibit I-1 to the Lease. During the term of the Existing Mortgage (as defined in Section 23 of the Lease), the Tenant’s Contractor shall obtain and provide to Landlord a payment and performance bond for all Tenant Improvements prior to the commencement of construction; provided, however, Landlord shall pay for permit such bond premium. Notwithstanding the Union Labor Standards requirement, Landlord hereby approves and Tenant shall be permitted to use Gateway Construction Services, Inc., a Washington corporation, or another contractor selected by Tenant (subject to Landlord’s reasonable approval) as Tenant’s contractor for the initial Tenant Improvements (“Tenant’s Contractor”) , subject to Tenant’s Contractor agreeing in writing to use only union labor subcontractors to perform all Tenant Improvement work and not self-performing any scope of work with Tenant’s Contractor’s own labor. Further, Tenant’s Contractor shall ensure that all subcontractors to perform the Tenant Improvement work are in compliance with the Union Labor Standards at the time of bidding of the Tenant Improvement work, as well as when such work is being performed. Tenant’s and Tenant’s Contractor’s choice of subcontractors shall not materially affect any guaranties or warranties relating to the Building or Building Systems. Tenant and Tenant’s Contractor shall utilize MEP subcontractors reasonably approved by Landlord or by a reputable contractor reasonably approved by Landlord; the MEP subcontractors shall be those utilized by Landlord for the Base Building Work. Landlord shall have the right to receive a copy of the contract between Tenant and Tenant’s Contractor (the “Contractor Agreement”). All contracts between Tenant and Tenant’s Contractor for the Tenant Improvements shall contain a provision requiring Tenant’s Contractor to notify Landlord immediately in writing if Tenant fails to pay such Contractor according to the terms of the contract. From time to time, Tenant shall provide Landlord withentry if: (a) Proof of compliance with Tenant shall use only such contractors which Landlord shall approve in its reasonable discretion and Landlord shall have approved the Union Labor Standards;plans to be utilized by Tenant, which approval will not be unreasonably withheld; and (b) Contractor’s state contractor registration numbers;Tenant, its contractors, workmen, mechanics, engineers, space planners or such others as may enter the Third Floor Right of First Refusal Premises (collectively, "Tenant's Contractors"), work in harmony with and do not in any way disturb or interfere with Landlord's space planners, architects, engineers, contractors, workmen, mechanics or other agents or independent contractors in the performance of their work (collectively, "Landlord's Contractors"), it being understood and agreed that if entry of Tenant or Tenant's Contractors would cause, has caused or is causing a material disturbance to Landlord or Landlord's Contractors, then Landlord may, with notice, refuse admittance to Tenant or Tenant's Contractors causing such disturbance; and (c) A fully executed copy Tenant (notwithstanding the first sentence of subsection 7.201 of the Contractor Agreement; (d) Fully executed Architect’s Agreement; (e) Subcontracts in excess Supplemental Lease Provisions), Tenant's Contractors and other agents shall provide Landlord sufficient evidence that each is covered under such Worker's Compensation, public liability and property damage insurance as Landlord may reasonably request for its protection. Landlord shall not be liable for any injury, loss or damage to any of $100,000 and in total representing not less than 75% of the aggregate dollar of all subcontracts for the Tenant Improvements; (f) Construction schedule establishing a timetable for completion of the construction, showing, on a monthly basis, the anticipated progress of the Tenant Improvements; (g) A schedule of values, including a trade payment breakdown, setting forth a description of all contracts for the design, engineering, construction and equipping of the Tenant Improvements; (h) Complete list of subcontractors with name, telephone number, address and contact name; (i) A set of Working Drawings approved by the municipality issuing the Building permit; and (j) A copy of the Building permit. During the term of the Existing Mortgage, items (a) and (c) through (i) above shall be subject to prior approval by Landlord’s Mortgagee. Further, Tenant's installations or decorations made prior to the commencement Third Floor Right of constructionFirst Refusal Premises Commencement Date and not installed by Landlord. Tenant shall indemnify and hold harmless Landlord and Landlord's Contractors from and against any and all costs, expenses, claims, liabilities and causes of action arising out of or in connection with work performed in the Third Floor Right of First Refusal Premises by or on behalf of Tenant (but excluding work performed by Landlord or Landlord's Contractors). Landlord is not responsible for the function and maintenance of Tenant's Improvements which are different than Landlord's standard improvements at the Property or improvements, equipment, cabinets or fixtures not installed by Landlord. Such entry by Tenant and Tenant’s Contractor 's Contractors pursuant to this Section 4 shall attend a preconstruction meeting with Landlord’s Construction Representative and/or property managerbe deemed to be under all of the terms, covenants, provisions and conditions of the Lease except the covenant to pay Rent.

Appears in 1 contract

Samples: Lease Agreement (Vignette Corp)

Tenant’s Contractors. All contractors and subcontractors participating in construction of the If Tenant Improvements shall be bondable, reputable and shall meet all licensing and insurance requirements of the state in which should desire to enter the Premises are situated, be approved by Landlord, which approvals shall not be unreasonably withheld, conditioned or delayed, and have good labor relations and generally known in the industry authorize its agent to be capable of working in harmony with Landlord’s or other tenant’s contractors in the Project, and shall be required to comply with the Union Labor Standards of Exhibit I and Exhibit I-1 do so prior to the Lease. During the term of the Existing Mortgage (as defined in Section 23 Commencement Date of the Lease), to perform approved work not requested of the Tenant’s Contractor shall obtain and provide to Landlord a payment and performance bond for all Tenant Improvements prior to the commencement of construction; provided, howeverLandlord, Landlord shall pay for permit such bond premium. Notwithstanding the Union Labor Standards requirement, Landlord hereby approves and Tenant shall be permitted to use Gateway Construction Services, Inc., a Washington corporation, or another contractor selected by Tenant (subject to Landlord’s reasonable approval) as Tenant’s contractor for the initial Tenant Improvements (“Tenant’s Contractor”) , subject to Tenant’s Contractor agreeing in writing to use only union labor subcontractors to perform all Tenant Improvement work and not self-performing any scope of work with Tenant’s Contractor’s own labor. Further, Tenant’s Contractor shall ensure that all subcontractors to perform the Tenant Improvement work are in compliance with the Union Labor Standards at the time of bidding of the Tenant Improvement work, as well as when such work is being performed. Tenant’s and Tenant’s Contractor’s choice of subcontractors shall not materially affect any guaranties or warranties relating to the Building or Building Systems. Tenant and Tenant’s Contractor shall utilize MEP subcontractors reasonably approved by Landlord or by a reputable contractor reasonably approved by Landlord; the MEP subcontractors shall be those utilized by Landlord for the Base Building Work. Landlord shall have the right to receive a copy of the contract between Tenant and Tenant’s Contractor (the “Contractor Agreement”). All contracts between Tenant and Tenant’s Contractor for the Tenant Improvements shall contain a provision requiring Tenant’s Contractor to notify Landlord immediately in writing if Tenant fails to pay such Contractor according to the terms of the contract. From time to time, Tenant shall provide Landlord withentry if: (a) Proof of compliance with Tenant uses only such contractors which Landlord approves in its reasonable discretion and Landlord has approved the Union Labor Standards;plans to be utilized by Tenant, which approval will not be unreasonably withheld; and (b) ContractorTenant, its contractors, workmen, mechanics, engineers, space planners or such others as may enter the Premises (collectively, “Tenant’s state contractor registration numbers;Contractors”), work in harmony with and do not in any way disturb or interfere with Landlord’s space planners, architects, engineers, contractors, workmen, mechanics or other agents or independent contractors in the performance of their work (collectively, “Landlord’s Contractors”), it being understood and agreed that if entry of Tenant or Tenant’s Contractors would cause, has caused or is causing a material disturbance to Landlord or Landlord’s Contractors, then Landlord may, with notice, refuse admittance to Tenant or Tenant’s Contractors causing such disturbance; and (c) A fully executed copy Tenant, Tenant’s Contractors and other agents provide Landlord sufficient evidence that each is covered under such Worker’s Compensation, public liability and property damage insurance as Landlord may reasonably request for its protection. Landlord shall not be liable for any injury, loss or damage to any of the Contractor Agreement; (d) Fully executed ArchitectTenant’s Agreement; (e) Subcontracts in excess of $100,000 and in total representing not less than 75% of the aggregate dollar of all subcontracts for the Tenant Improvements; (f) Construction schedule establishing a timetable for completion of the construction, showing, on a monthly basis, the anticipated progress of the Tenant Improvements; (g) A schedule of values, including a trade payment breakdown, setting forth a description of all contracts for the design, engineering, construction and equipping of the Tenant Improvements; (h) Complete list of subcontractors with name, telephone number, address and contact name; (i) A set of Working Drawings approved by the municipality issuing the Building permit; and (j) A copy of the Building permit. During the term of the Existing Mortgage, items (a) and (c) through (i) above shall be subject to prior approval by Landlord’s Mortgagee. Further, installations or decorations made prior to the commencement Commencement Date and not installed by Landlord. Tenant shall indemnify and hold harmless Landlord and Landlord’s Contractors from and against, and reimburse Landlord for and with respect to, any and all costs, expenses, claims, liabilities and causes of constructionaction arising out of or in connection with work performed in the Premises by or on behalf of Tenant (but excluding work performed by Landlord or Landlord’s Contractors). Landlord is not responsible for the function and maintenance of Tenant’s Improvements which are different than Landlord’s standard improvements at the Property or improvements, equipment, cabinets or fixtures not installed by Landlord. Such entry by Tenant and Tenant’s Contractor Contractors pursuant to this Section 5 shall attend a preconstruction meeting with Landlord’s Construction Representative and/or property managerbe deemed to be under all of the terms, covenants, provisions and conditions of the Lease except the covenant to pay Rent.

Appears in 1 contract

Samples: Office Lease Agreement (Medidata Solutions, Inc.)

Tenant’s Contractors. To promote harmony as between the performance of Landlords’ Work and the performance of Tenant’s Work, Tenant shall either engage Landlord’s General Contractor or engage another general contractor reasonably acceptable to Landlord (in either case, referred to in this capacity as “TENANT’S GENERAL CONTRACTOR”) to perform Tenant’s Work. Landlord hereby approves CRB USA or its affiliate as Tenant’s General Contractor. All contractors other contractors, architects, engineers and subcontractors participating in construction of consultants engaged by Tenant with respect to the Tenant Improvements Tenant’s Work shall be bondable, reputable and shall meet all licensing and insurance requirements of the state in which the Premises are situated, be approved by subject to Landlord, which approvals shall ’s approval (not to be unreasonably withheld, conditioned or delayed) and shall be licensed to do business in the Commonwealth of Pennsylvania. In connection with Tenant’s Work, and have without limiting any of the requirements of applicable Laws, Tenant shall enter into a written construction contract (the “TENANT’S WORK CONTRACT”) with Tenant’s General Contractor in a form reasonably acceptable to Landlord, which shall comply with the provisions of this Exhibit “E” and provide for, among other things: (1) a 1 year warranty for all defective workmanship and materials; (2) a requirement that Tenant’s General Contractor maintain insurance as required by Section 12 of the Lease (subject to Article III, Section C below); (3) a requirement that Tenant’s General Contractor perform the Tenant’s Work in substantial accordance with the Final Tenant Improvement Construction Documents and in a good labor relations and generally known in workmanlike manner; (4) a requirement that Tenant’s General Contractor be responsible for daily cleanup work and final clean up (including removal of debris) of the industry Tenant’s Work area; (5) a schedule and sequence of construction activities and completion reasonably acceptable to Landlord; and (6) assignability following an Event of Default by Tenant under the Lease to Landlord and/or any of its mortgagees (collectively, the “Approval Criteria”). Prior to commencing any construction of the Tenant’s Work, Tenant shall submit to Landlord certificates evidencing that Tenant’s General Contractor has named Landlord and any mortgagee designated by Landlord as additional insureds with respect to the Tenant’s Work. Tenant shall be capable responsible for the cost of working in harmony with Landlordall utilities consumed on the Premises during the Tenant’s or other tenant’s contractors in the ProjectWork, and shall be required pay such amounts to comply with Landlord within thirty (30) days after receiving Landlord’s invoice therefor. Landlord and its architects and engineers shall have the Union Labor Standards right, from time to time during the course of Exhibit I and Exhibit I-1 to the Lease. During the term construction of the Existing Mortgage (as defined in Section 23 of the Lease), the Tenant’s Contractor shall obtain and provide Work to Landlord a payment and performance bond for all Tenant Improvements prior inspect the work being done to ensure that the commencement of construction; provided, however, Landlord shall pay for such bond premium. Notwithstanding same is being constructed in accordance with the Union Labor Standards requirement, Landlord hereby approves and Tenant shall be permitted to use Gateway Construction Services, Inc., a Washington corporation, or another contractor selected by Tenant (subject to Landlord’s reasonable approval) as Tenant’s contractor for the initial Tenant Improvements (“Tenant’s Contractor”) , subject to Tenant’s Contractor agreeing in writing to use only union labor subcontractors to perform all Final Tenant Improvement work Construction Documents and not self-performing any scope of work with Tenant’s Contractor’s own labor. Further, Tenant’s Contractor shall ensure that all subcontractors to perform the Tenant Improvement work are in compliance with the Union Labor Standards at requirements of this Lease. Tenant agrees to fully cooperate with Landlord and cause Tenant’s General Contractor and each of Tenant’s subcontractors and other of Tenant’s contractors and design professionals to similarly cooperate so that the time of bidding undertaking of the Tenant Improvement work, as well as when such work is being performed. Tenant’s Work will be performed only with compatible labor and Tenant’s Contractor’s choice of subcontractors shall not materially affect any guaranties or warranties relating to the Building or Building Systems. Tenant completed in as smooth and Tenant’s Contractor shall utilize MEP subcontractors reasonably approved by Landlord or by harmonious a reputable contractor reasonably approved by Landlord; the MEP subcontractors shall be those utilized by Landlord for the Base Building Work. Landlord shall have the right to receive a copy of the contract between Tenant and Tenant’s Contractor (the “Contractor Agreement”). All contracts between Tenant and Tenant’s Contractor for the Tenant Improvements shall contain a provision requiring Tenant’s Contractor to notify Landlord immediately in writing if Tenant fails to pay such Contractor according to the terms of the contract. From time to time, Tenant shall provide Landlord with: (a) Proof of compliance with the Union Labor Standards; (b) Contractor’s state contractor registration numbers; (c) A fully executed copy of the Contractor Agreement; (d) Fully executed Architect’s Agreement; (e) Subcontracts in excess of $100,000 and in total representing not less than 75% of the aggregate dollar of all subcontracts for the Tenant Improvements; (f) Construction schedule establishing a timetable for completion of the construction, showing, on a monthly basis, the anticipated progress of the Tenant Improvements; (g) A schedule of values, including a trade payment breakdown, setting forth a description of all contracts for the design, engineering, construction and equipping of the Tenant Improvements; (h) Complete list of subcontractors with name, telephone number, address and contact name; (i) A set of Working Drawings approved by the municipality issuing the Building permit; and (j) A copy of the Building permit. During the term of the Existing Mortgage, items (a) and (c) through (i) above shall be subject to prior approval by Landlord’s Mortgagee. Further, prior to the commencement of construction, Tenant and Tenant’s Contractor shall attend a preconstruction meeting with Landlord’s Construction Representative and/or property managermanner as is possible.

Appears in 1 contract

Samples: Lease Agreement (Iovance Biotherapeutics, Inc.)

Tenant’s Contractors. All Cable TV connections, telephone, data and audio-visual equipment and wiring, office equipment and computer wiring, and furniture and security equipment shall be installed by Tenant's contractors and shall conform with Landlord's contractor's schedule and work of installation and shall be handled in such a manner as to maintain harmonious labor relations and as not to interfere with or delay the work of Landlord's contractors. To the extent that any such improvements furnished and installed by Tenant's contractors cause Landlord's contractor to be dependent upon the work of Tenant's contractors in order for Landlord's contractor to complete its work, any resulting delays in Landlord's contractor's work shall be "Tenant Delays" (as defined in Paragraph 9 below). Tenant's contractors, subcontractors participating in and labor shall be subject to approval by Landlord which approval shall not be unreasonably withheld or delayed and shall be subject to the reasonable administrative supervision of Landlord's general contractor and reasonable rules of the site. Contractors and subcontractors engaged by Tenant shall employ laborers and means to insure, so far as may be possible, the progress of the work without interruption on account of strikes, work stoppage or similar causes for delay. Landlord shall give access and entry to the Leased Premises to Tenant's contractors as may be reasonably necessary during the course of construction of the Tenant Improvements shall be bondableImprovements, reputable and shall meet all licensing and insurance at various points during construction as each floor progresses, subject to the requirements of the state in which the Premises are situated, be approved by Landlord, which approvals shall not be unreasonably withheld, conditioned or delayed, and have good labor relations and generally known in the industry to be capable of working in harmony with Landlord’s or other tenant’s contractors in the Project, and shall be required to comply with the Union Labor Standards of Exhibit I and Exhibit I-1 to the Lease. During the term of the Existing Mortgage (as defined in Section 23 of the Lease), the Tenant’s Contractor shall obtain and provide to Landlord a payment and performance bond for all Tenant Improvements prior to the commencement of constructionthis Paragraph 7; provided, however, Landlord shall pay for that if such bond premium. Notwithstanding entry is prior to the Union Labor Standards requirement, Landlord hereby approves and Tenant shall be permitted to use Gateway Construction Services, Inc., a Washington corporation, or another contractor selected by Tenant (subject to Landlord’s reasonable approval) as Tenant’s contractor for the initial Tenant Improvements (“Tenant’s Contractor”) , subject to Tenant’s Contractor agreeing in writing to use only union labor subcontractors to perform all Tenant Improvement work and not self-performing any scope of work with Tenant’s Contractor’s own labor. Further, Tenant’s Contractor shall ensure that all subcontractors to perform the Tenant Improvement work are in compliance with the Union Labor Standards at the time of bidding first day of the Tenant Improvement work, as well as when Term such work is being performed. Tenant’s and Tenant’s Contractor’s choice of subcontractors shall not materially affect any guaranties or warranties relating to the Building or Building Systems. Tenant and Tenant’s Contractor shall utilize MEP subcontractors reasonably approved by Landlord or by a reputable contractor reasonably approved by Landlord; the MEP subcontractors shall be those utilized by Landlord for the Base Building Work. Landlord shall have the right to receive a copy of the contract between Tenant and Tenant’s Contractor (the “Contractor Agreement”). All contracts between Tenant and Tenant’s Contractor for the Tenant Improvements shall contain a provision requiring Tenant’s Contractor to notify Landlord immediately in writing if Tenant fails to pay such Contractor according to the terms of the contract. From time to time, Tenant shall provide Landlord with: (a) Proof of compliance with the Union Labor Standards; (b) Contractor’s state contractor registration numbers; (c) A fully executed copy of the Contractor Agreement; (d) Fully executed Architect’s Agreement; (e) Subcontracts in excess of $100,000 and in total representing not less than 75% of the aggregate dollar of all subcontracts for the Tenant Improvements; (f) Construction schedule establishing a timetable for completion of the construction, showing, on a monthly basis, the anticipated progress of the Tenant Improvements; (g) A schedule of values, including a trade payment breakdown, setting forth a description of all contracts for the design, engineering, construction and equipping of the Tenant Improvements; (h) Complete list of subcontractors with name, telephone number, address and contact name; (i) A set of Working Drawings approved by the municipality issuing the Building permit; and (j) A copy of the Building permit. During the term of the Existing Mortgage, items (a) and (c) through (i) above entry shall be subject to prior approval by Landlord’s Mortgagee. Further, prior all of the terms and conditions of this Lease except payment of Rent and Additional Charges and Tenant shall not be allowed to commence business in the commencement of construction, Tenant and Tenant’s Contractor shall attend a preconstruction meeting with Landlord’s Construction Representative and/or property managerPremises.

Appears in 1 contract

Samples: Sublease (Cosine Communications Inc)

Tenant’s Contractors. All During the Term of this Lease, in making any alterations and improvements or performing any other work of any kind within the Premises through the services of any contractor or contractors, the following conditions shall be fulfilled, and Tenant, by undertaking to have such work performed by its contractor or contractors, shall be deemed to have agreed to cause such conditions to be fulfilled: 7.10.1 Prior to commencing any such work, Tenant shall (a) furnish Landlord with a written description of the proposed work and reasonably detailed plans and specifications therefor and (b) obtain the approval of Landlord, in writing, for the specific work it proposes to perform and all such plans and specifications. 7.10.2 The work shall be performed at Tenant's expense by responsible contractors and subcontractors participating approved in construction of the Tenant Improvements shall be bondable, reputable and shall meet all licensing and insurance requirements of the state in which the Premises are situated, be approved advance by Landlord, which approvals who shall not be unreasonably withheld, conditioned or delayedin Landlord's sole opinion, and have good labor relations and generally known who in the industry to be capable of working in harmony fact do not, prejudice Landlord's relationship with Landlord’s 's contractors or other tenant’s subcontractors or the relationship between such contractors in the Projectand their subcontractors or employees, or disturb harmonious labor relations. Tenant's contractors and subcontractors shall be required to comply with the Union Labor Standards of all insurance requirements and undertakings set forth in Exhibit I and Exhibit I-1 to the Lease. During the term of the Existing Mortgage (as defined in Section 23 of the Lease), the Tenant’s Contractor shall obtain and provide to Landlord a payment and performance bond for all Tenant Improvements prior to the commencement of construction; provided, however, Landlord shall pay for such bond premium. Notwithstanding the Union Labor Standards requirement, Landlord hereby approves and Tenant shall be permitted to use Gateway Construction Services, Inc., a Washington corporation, or another contractor selected by Tenant (subject to Landlord’s reasonable approval) as Tenant’s contractor for the initial Tenant Improvements (“Tenant’s Contractor”) , subject to Tenant’s Contractor agreeing in writing to use only union labor subcontractors to perform all Tenant Improvement work and not self-performing any scope of work with Tenant’s Contractor’s own labor. Further, Tenant’s Contractor shall ensure that all subcontractors to perform the Tenant Improvement work are in compliance with the Union Labor Standards at the time of bidding of the Tenant Improvement work"D" attached hereto, as well as when such work is being performed. Tenant’s and Tenant’s Contractor’s choice of subcontractors shall not materially affect any guaranties or warranties relating the same may be changed by written notice from Landlord to the Building or Building Systems. Tenant and Tenant’s Contractor shall utilize MEP subcontractors reasonably approved by Landlord or by a reputable contractor reasonably approved by Landlord; the MEP subcontractors shall be those utilized by Landlord for the Base Building Work. Landlord shall have the right to receive a copy of the contract between Tenant and Tenant’s Contractor (the “Contractor Agreement”). All contracts between Tenant and Tenant’s Contractor for the Tenant Improvements shall contain a provision requiring Tenant’s Contractor to notify Landlord immediately in writing if Tenant fails to pay such Contractor according to the terms of the contract. From from time to time, Tenant shall provide Landlord with:time during the Term. (a) Proof 7.10.3 Each of compliance with the Union Labor Standards; (b) Contractor’s state contractor registration numbers; (c) A fully executed copy of the Contractor Agreement; (d) Fully executed Architect’s Agreement; (e) Subcontracts in excess of such contractors being paid $100,000 and in total representing not less than 75% of the aggregate dollar of all subcontracts for the Tenant Improvements; (f) Construction schedule establishing a timetable for completion of the construction, showing, on a monthly basis, the anticipated progress of the Tenant Improvements; (g) A schedule of values, including a trade payment breakdown, setting forth a description of all contracts for the design, engineering, construction and equipping of the Tenant Improvements; (h) Complete list of subcontractors with name, telephone number, address and contact name; (i) A set of Working Drawings approved by the municipality issuing the Building permit; and (j) A copy of the Building permit. During the term of the Existing Mortgage, items (a) and (c) through (i) above shall be subject to prior approval by Landlord’s Mortgagee. Further5,000.00 or more shall, prior to the commencement of constructiontheir work and not later than ten (10) days after the execution of their respective contracts, file waivers of mechanic's liens in the appropriate public office, which waivers shall be effective to preclude the filing of any mechanic's liens on account of the work to be performed by any of Tenant's contractors, subcontractors or materialmen. 7.10.4 No such work shall be performed in such manner or at such times as to interfere with any work being done by any of Landlord's contractors or subcontractors in the Premises or in or about the Property generally. Landlord shall, however, endeavor to allow Tenant access for such work at the earliest time after the Substantial Completion Date, consistent with the restrictions of this Section 7.10. Tenant's contractors and subcontractors shall be subject to the decisions of Landlord's contractor as to such matters and as to avoidance of interference with other tenants of the Building or the work of other tenants' contractors and subcontractors, but Landlord's contractor shall not be responsible for any aspect of the work performed by Tenant's contractors or subcontractors or for the coordination of the work of Landlord's contractors or others with Tenant's contractors. 7.10.5 Except as otherwise set forth in this Section 7.10, all such work shall be subject to the requirements and provisions of Sections 10.6, 10.7 and 25 of this Lease. 7.10.6 Tenant and Tenant’s Contractor its contractors and subcontractors shall attend a preconstruction meeting with be solely responsible for the transportation, safekeeping and storage of materials and equipment used in the performance of their work, for the removal of waste and debris resulting therefrom, and for any damage caused by them to any installations or work performed by Landlord’s Construction Representative and/or property manager's, or any other tenant's, contractors and subcontractors.

Appears in 1 contract

Samples: Office Lease (Quality Systems Inc)

Tenant’s Contractors. All contractors and subcontractors participating in construction of If Tenant should desire to enter the Tenant Improvements shall be bondable, reputable and shall meet all licensing and insurance requirements of the state in which the Premises are situated, be approved by Landlord, which approvals shall not be unreasonably withheld, conditioned Expansion Space or delayed, and have good labor relations and generally known in the industry authorize its agent to be capable of working in harmony with Landlord’s or other tenant’s contractors in the Project, and shall be required to comply with the Union Labor Standards of Exhibit I and Exhibit I-1 to the Lease. During the term of the Existing Mortgage (as defined in Section 23 of the Lease), the Tenant’s Contractor shall obtain and provide to Landlord a payment and performance bond for all Tenant Improvements do so prior to the commencement Expansion Space Commencement Date, to perform approved work not requested of construction; provided, howeverthe Landlord, Landlord shall pay for permit such bond premium. Notwithstanding the Union Labor Standards requirement, Landlord hereby approves and Tenant shall be permitted to use Gateway Construction Services, Inc., a Washington corporation, or another contractor selected by Tenant (subject to Landlord’s reasonable approval) as Tenant’s contractor for the initial Tenant Improvements (“Tenant’s Contractor”) , subject to Tenant’s Contractor agreeing in writing to use only union labor subcontractors to perform all Tenant Improvement work and not self-performing any scope of work with Tenant’s Contractor’s own labor. Further, Tenant’s Contractor shall ensure that all subcontractors to perform the Tenant Improvement work are in compliance with the Union Labor Standards at the time of bidding of the Tenant Improvement work, as well as when such work is being performed. Tenant’s and Tenant’s Contractor’s choice of subcontractors shall not materially affect any guaranties or warranties relating to the Building or Building Systems. Tenant and Tenant’s Contractor shall utilize MEP subcontractors reasonably approved by Landlord or by a reputable contractor reasonably approved by Landlord; the MEP subcontractors shall be those utilized by Landlord for the Base Building Work. Landlord shall have the right to receive a copy of the contract between Tenant and Tenant’s Contractor (the “Contractor Agreement”). All contracts between Tenant and Tenant’s Contractor for the Tenant Improvements shall contain a provision requiring Tenant’s Contractor to notify Landlord immediately in writing if Tenant fails to pay such Contractor according to the terms of the contract. From time to time, Tenant shall provide Landlord withentry if: (a) Proof of compliance with Tenant shall use only such contractors which Landlord shall approve, which approval shall not be unreasonably withheld or delayed, and Landlord shall have approved the Union Labor Standards;plans to be utilized by Tenant, which approval will not be unreasonably withheld or delayed; and (b) ContractorTenant, its contractors, workmen, mechanics, engineers, space planners or such others as may enter the Expansion Space (collectively, “Tenant’s state contractor registration numbers;Contractors”), work in harmony with and do not in any way disturb or interfere with Landlord’s space planners, architects, engineers, contractors, workmen, mechanics or other agents or independent contractors in the performance of their work (collectively, “Landlord’s Contractors”), it being understood and agreed that if entry of Tenant or Tenant’s Contractors has caused or is causing a material disturbance to Landlord or Landlord’s Contractors, and such disturbance is not abated within one (1) day following Tenant’s receipt of notice of the specific conduct causing such disturbance, then Landlord may, with prior written notice, refuse admittance to Tenant or Tenant’s Contractors causing such disturbance; and (c) A fully executed copy Tenant (notwithstanding the first sentence of subsection 7.201 of the Contractor Agreement; (d) Fully executed ArchitectSupplemental Lease Provisions), Tenant’s Agreement; (e) Subcontracts in excess Contractors and other agents shall provide Landlord sufficient evidence that each is covered under such Worker’s Compensation, public liability and property damage insurance as Landlord may reasonably request for its protection. Landlord shall not be liable for any injury, loss or damage to any of $100,000 and in total representing not less than 75% of the aggregate dollar of all subcontracts for the Tenant Improvements; (f) Construction schedule establishing a timetable for completion of the construction, showing, on a monthly basis, the anticipated progress of the Tenant Improvements; (g) A schedule of values, including a trade payment breakdown, setting forth a description of all contracts for the design, engineering, construction and equipping of the Tenant Improvements; (h) Complete list of subcontractors with name, telephone number, address and contact name; (i) A set of Working Drawings approved by the municipality issuing the Building permit; and (j) A copy of the Building permit. During the term of the Existing Mortgage, items (a) and (c) through (i) above shall be subject to prior approval by LandlordTenant’s Mortgagee. Further, installations or decorations made prior to the commencement Expansion Space Commencement Date and not installed by Landlord. Tenant shall indemnify and hold harmless Landlord and Landlord’s Contractors from and against any and all costs, expenses, claims, liabilities and causes of constructionaction arising out of or in connection with work performed in the Expansion Space by or on behalf of Tenant (but excluding work performed by Landlord or Landlord’s Contractors). Landlord is not responsible for the function and maintenance of Tenant’s Improvements which are different than Landlord’s standard improvements at the Property or improvements, equipment, cabinets or fixtures not installed by Landlord. Such entry by Tenant and Tenant’s Contractor Contractors pursuant to this Section 5 shall attend a preconstruction meeting with Landlord’s Construction Representative and/or property managerbe deemed to be under all of the terms, covenants, provisions and conditions of the Lease except the covenant to pay Rent.

Appears in 1 contract

Samples: Lease Agreement (Bazaarvoice Inc)

Tenant’s Contractors. All contractors and subcontractors participating in construction of the If Tenant Improvements shall be bondable, reputable and shall meet all licensing and insurance requirements of the state in which should desire to enter the Premises are situated, be approved by Landlord, which approvals shall not be unreasonably withheld, conditioned or delayed, and have good labor relations and generally known in the industry authorize its agent to be capable of working in harmony with Landlord’s or other tenant’s contractors in the Project, and shall be required to comply with the Union Labor Standards of Exhibit I and Exhibit I-1 to the Lease. During the term of the Existing Mortgage (as defined in Section 23 of the Lease), the Tenant’s Contractor shall obtain and provide to Landlord a payment and performance bond for all Tenant Improvements do so prior to the commencement Commencement Date of construction; providedthis Lease, howeverto perform approved work not requested of the Landlord, Landlord shall pay for permit such bond premium. Notwithstanding the Union Labor Standards requirement, Landlord hereby approves and Tenant shall be permitted to use Gateway Construction Services, Inc., a Washington corporation, or another contractor selected by Tenant (subject to Landlord’s reasonable approval) as Tenant’s contractor for the initial Tenant Improvements (“Tenant’s Contractor”) , subject to Tenant’s Contractor agreeing in writing to use only union labor subcontractors to perform all Tenant Improvement work and not self-performing any scope of work with Tenant’s Contractor’s own labor. Further, Tenant’s Contractor shall ensure that all subcontractors to perform the Tenant Improvement work are in compliance with the Union Labor Standards at the time of bidding of the Tenant Improvement work, as well as when such work is being performed. Tenant’s and Tenant’s Contractor’s choice of subcontractors shall not materially affect any guaranties or warranties relating to the Building or Building Systems. Tenant and Tenant’s Contractor shall utilize MEP subcontractors reasonably approved by Landlord or by a reputable contractor reasonably approved by Landlord; the MEP subcontractors shall be those utilized by Landlord for the Base Building Work. Landlord shall have the right to receive a copy of the contract between Tenant and Tenant’s Contractor (the “Contractor Agreement”). All contracts between Tenant and Tenant’s Contractor for the Tenant Improvements shall contain a provision requiring Tenant’s Contractor to notify Landlord immediately in writing if Tenant fails to pay such Contractor according to the terms of the contract. From time to time, Tenant shall provide Landlord withentry if: (a) Proof of compliance with Tenant shall use only such contractors which Landlord shall approve in its reasonable discretion and Landlord shall have approved the Union Labor Standardsplans to be utilized by Tenant, which approval will not be unreasonably withheld; (b) Contractor’s state contractor registration numbers;Tenant, its contractors, workmen, mechanics, engineers, space planners or such others as may enter the Premises (collectively, "Tenant's Contractors"), work in harmony with and do not in any way disturb or interfere with Landlord's space planners, architects, engineers, contractors, workmen, mechanics or other agents or independent contractors in the performance of their work (collectively, "Landlord's Contractors"), it being understood and agreed that if entry of Tenant or Tenant's Contractors would cause, has caused or is causing a material disturbance to Landlord or Landlord's Contractors, then Landlord may, with notice, refuse admittance to Tenant or Tenant's Contractors causing such disturbance; and (c) A fully executed copy Tenant, Tenant's Contractors and other agents shall provide Landlord sufficient evidence that each is covered under such Worker's Compensation, public liability and property damage insurance as Landlord may reasonably request for its protection. Landlord shall not be liable for any injury, loss or damage to any of the Contractor Agreement; (d) Fully executed Architect’s Agreement; (e) Subcontracts in excess of $100,000 and in total representing not less than 75% of the aggregate dollar of all subcontracts for the Tenant Improvements; (f) Construction schedule establishing a timetable for completion of the construction, showing, on a monthly basis, the anticipated progress of the Tenant Improvements; (g) A schedule of values, including a trade payment breakdown, setting forth a description of all contracts for the design, engineering, construction and equipping of the Tenant Improvements; (h) Complete list of subcontractors with name, telephone number, address and contact name; (i) A set of Working Drawings approved by the municipality issuing the Building permit; and (j) A copy of the Building permit. During the term of the Existing Mortgage, items (a) and (c) through (i) above shall be subject to prior approval by Landlord’s Mortgagee. Further, Tenant's installations or decorations made prior to the commencement Commencement Date and not installed by Landlord. Tenant shall indemnify and hold harmless Landlord and Landlord's Contractors from and against any and all costs, expenses, claims, liabilities and causes of constructionaction arising out of or in connection with work performed in the Premises by or on behalf of Tenant (but excluding work performed by Landlord or Landlord's Contractors). Landlord is not responsible for the function and maintenance of Tenant's Improvements which are different than Landlord's standard improvements at the Building or improvements, equipment, cabinets or fixtures not installed by Landlord. Such entry by Tenant and Tenant’s Contractor 's Contractors pursuant to this Paragraph 5 shall attend a preconstruction meeting with Landlord’s Construction Representative and/or property managerbe deemed to be under all of the terms, covenants, provisions and conditions of the Lease except the covenant to pay Rent.

Appears in 1 contract

Samples: Office Building Lease (Crossroads Systems Inc)

Tenant’s Contractors. All contractors and subcontractors participating in construction If Tenant should desire to enter the First Floor -------------------- Expansion Premises or authorize its agent to do so prior to Substantial Completion of the Tenant Tenant's Improvements shall be bondablein the First Floor Expansion Premises, reputable and shall meet all licensing and insurance requirements to perform approved work not requested of the state in which the Premises are situated, be approved by Landlord, which approvals shall not be unreasonably withheld, conditioned or delayed, and have good labor relations and generally known in the industry to be capable of working in harmony with Landlord’s or other tenant’s contractors in the Project, and shall be required to comply with the Union Labor Standards of Exhibit I and Exhibit I-1 to the Lease. During the term of the Existing Mortgage (as defined in Section 23 of the Lease), the Tenant’s Contractor shall obtain and provide to Landlord a payment and performance bond for all Tenant Improvements prior to the commencement of construction; provided, however, Landlord shall pay for permit such bond premium. Notwithstanding the Union Labor Standards requirement, Landlord hereby approves and Tenant shall be permitted to use Gateway Construction Services, Inc., a Washington corporation, or another contractor selected by Tenant (subject to Landlord’s reasonable approval) as Tenant’s contractor for the initial Tenant Improvements (“Tenant’s Contractor”) , subject to Tenant’s Contractor agreeing in writing to use only union labor subcontractors to perform all Tenant Improvement work and not self-performing any scope of work with Tenant’s Contractor’s own labor. Further, Tenant’s Contractor shall ensure that all subcontractors to perform the Tenant Improvement work are in compliance with the Union Labor Standards at the time of bidding of the Tenant Improvement work, as well as when such work is being performed. Tenant’s and Tenant’s Contractor’s choice of subcontractors shall not materially affect any guaranties or warranties relating to the Building or Building Systems. Tenant and Tenant’s Contractor shall utilize MEP subcontractors reasonably approved by Landlord or by a reputable contractor reasonably approved by Landlord; the MEP subcontractors shall be those utilized by Landlord for the Base Building Work. Landlord shall have the right to receive a copy of the contract between Tenant and Tenant’s Contractor (the “Contractor Agreement”). All contracts between Tenant and Tenant’s Contractor for the Tenant Improvements shall contain a provision requiring Tenant’s Contractor to notify Landlord immediately in writing if Tenant fails to pay such Contractor according to the terms of the contract. From time to time, Tenant shall provide Landlord withentry if: (a) Proof of compliance with Tenant shall use only such contractors which Landlord shall approve in its reasonable discretion and Landlord shall have approved the Union Labor Standards;plans to be utilized by Tenant, which approval will not be unreasonably withheld; and (b) Contractor’s state contractor registration numbers;Tenant, its contractors, workmen, mechanics, engineers, space planners or such others as may enter the First Floor Expansion Premises (collectively, "Tenant's Contractors"), work in harmony with and do not in any way disturb or interfere with Landlord's space planners, architects, engineers, contractors, workmen, mechanics or other agents or independent contractors in the performance of their work (collectively, "Landlord's Contractors"), it being understood and agreed that if entry of Tenant or Tenant's Contractors would cause, has caused or is causing a material disturbance to Landlord or Landlord's Contractors, then Landlord may, with notice, refuse admittance to Tenant or Tenant's Contractors causing such disturbance; and (c) A fully executed copy Tenant (notwithstanding the first sentence of subsection 7.201 of the Contractor Agreement; (d) Fully executed Architect’s Agreement; (e) Subcontracts in excess Supplemental Lease Provisions), Tenant's Contractors and other agents shall provide Landlord sufficient evidence that each is covered under such Worker's Compensation, public liability and property damage insurance as Landlord may reasonably request for its protection. Landlord shall not be liable for any injury, loss or damage to any of $100,000 and in total representing not less than 75% of the aggregate dollar of all subcontracts for the Tenant Improvements; (f) Construction schedule establishing a timetable for completion of the construction, showing, on a monthly basis, the anticipated progress of the Tenant Improvements; (g) A schedule of values, including a trade payment breakdown, setting forth a description of all contracts for the design, engineering, construction and equipping of the Tenant Improvements; (h) Complete list of subcontractors with name, telephone number, address and contact name; (i) A set of Working Drawings approved by the municipality issuing the Building permit; and (j) A copy of the Building permit. During the term of the Existing Mortgage, items (a) and (c) through (i) above shall be subject to prior approval by Landlord’s Mortgagee. Further, Tenant's installations or decorations made prior to the commencement First Floor Expansion Premises Commencement Date and not installed by Landlord. Tenant shall indemnify and hold harmless Landlord and Landlord's Contractors from and against any and all costs, expenses, claims, liabilities and causes of constructionaction arising out of or in connection with work performed in the First Floor Expansion Premises by or on behalf of Tenant (but excluding work performed by Landlord or Landlord's Contractors). Landlord is not responsible for the function and maintenance of Tenant's Improvements which are different than Landlord's standard improvements at the Property or improvements, equipment, cabinets or fixtures not installed by Landlord. Such entry by Tenant and Tenant’s Contractor 's Contractors pursuant to this Section 4 shall attend a preconstruction meeting with Landlord’s Construction Representative and/or property managerbe deemed to be under all of the terms, covenants, provisions and conditions of the Lease except the covenant to pay Rent.

Appears in 1 contract

Samples: Lease Agreement (Vignette Corp)

Tenant’s Contractors. All contractors and subcontractors participating in construction of If Tenant should desire to enter the Tenant Improvements shall be bondable, reputable and shall meet all licensing and insurance requirements of the state in which the Premises are situated, be approved by Landlord, which approvals shall not be unreasonably withheld, conditioned 260 Expansion Space or delayed, and have good labor relations and generally known in the industry authorize its agent to be capable of working in harmony with Landlord’s or other tenant’s contractors in the Project, and shall be required to comply with the Union Labor Standards of Exhibit I and Exhibit I-1 to the Lease. During the term of the Existing Mortgage (as defined in Section 23 of the Lease), the Tenant’s Contractor shall obtain and provide to Landlord a payment and performance bond for all Tenant Improvements do so prior to the commencement 260 Expansion Date, to perform approved work not requested of construction; provided, howeverthe Landlord, Landlord shall pay for permit such bond premium. Notwithstanding the Union Labor Standards requirement, Landlord hereby approves and Tenant shall be permitted to use Gateway Construction Services, Inc., a Washington corporation, or another contractor selected by Tenant (subject to Landlord’s reasonable approval) as Tenant’s contractor for the initial Tenant Improvements (“Tenant’s Contractor”) , subject to Tenant’s Contractor agreeing in writing to use only union labor subcontractors to perform all Tenant Improvement work and not self-performing any scope of work with Tenant’s Contractor’s own labor. Further, Tenant’s Contractor shall ensure that all subcontractors to perform the Tenant Improvement work are in compliance with the Union Labor Standards at the time of bidding of the Tenant Improvement work, as well as when such work is being performed. Tenant’s and Tenant’s Contractor’s choice of subcontractors shall not materially affect any guaranties or warranties relating to the Building or Building Systems. Tenant and Tenant’s Contractor shall utilize MEP subcontractors reasonably approved by Landlord or by a reputable contractor reasonably approved by Landlord; the MEP subcontractors shall be those utilized by Landlord for the Base Building Work. Landlord shall have the right to receive a copy of the contract between Tenant and Tenant’s Contractor (the “Contractor Agreement”). All contracts between Tenant and Tenant’s Contractor for the Tenant Improvements shall contain a provision requiring Tenant’s Contractor to notify Landlord immediately in writing if Tenant fails to pay such Contractor according to the terms of the contract. From time to time, Tenant shall provide Landlord withentry if: (a) Proof of compliance with Tenant shall use only such contractors which Landlord shall approve, which approval shall not be unreasonably withheld or delayed, and Landlord shall have approved the Union Labor Standards;plans to be utilized by Tenant, which approval will not be unreasonably withheld or delayed; and (b) ContractorTenant, its contractors, workmen, mechanics, engineers, space planners or such others as may enter the 260 Expansion Space (collectively, “Tenant’s state contractor registration numbers;Contractors”), work in harmony with and do not in any way disturb or interfere with Landlord’s space planners, architects, engineers, contractors, workmen, mechanics or other agents or independent contractors in the performance of their work (collectively, “Landlord’s Contractors”), it being understood and agreed that if entry of Tenant or Tenant’s Contractors has caused or is causing a material disturbance to Landlord or Landlord’s Contractors, and such disturbance is not abated within one (1) day following Tenant’s receipt of notice of the specific conduct causing such disturbance, then Landlord may, with prior written notice, refuse admittance to Tenant or Tenant’s Contractors causing such disturbance; and (c) A fully executed copy Tenant (notwithstanding the first sentence of subsection 7.201 of the Contractor Agreement; (d) Fully executed ArchitectSupplemental Lease Provisions), Tenant’s Agreement; (e) Subcontracts in excess Contractors and other agents shall provide Landlord sufficient evidence that each is covered under such Worker’s Compensation, public liability and property damage insurance as Landlord may reasonably request for its protection. Landlord shall not be liable for any injury, loss or damage to any of $100,000 and in total representing not less than 75% of the aggregate dollar of all subcontracts for the Tenant Improvements; (f) Construction schedule establishing a timetable for completion of the construction, showing, on a monthly basis, the anticipated progress of the Tenant Improvements; (g) A schedule of values, including a trade payment breakdown, setting forth a description of all contracts for the design, engineering, construction and equipping of the Tenant Improvements; (h) Complete list of subcontractors with name, telephone number, address and contact name; (i) A set of Working Drawings approved by the municipality issuing the Building permit; and (j) A copy of the Building permit. During the term of the Existing Mortgage, items (a) and (c) through (i) above shall be subject to prior approval by LandlordTenant’s Mortgagee. Further, installations or decorations made prior to the commencement 260 Expansion Date and not installed by Landlord. Tenant shall indemnify and hold harmless Landlord and Landlord’s Contractors from and against any and all costs, expenses, claims, liabilities and causes of constructionaction arising out of or in connection with work performed in the 260 Expansion Space by or on behalf of Tenant (but excluding work performed by Landlord or Landlord’s Contractors). Landlord is not responsible for the function and maintenance of Tenant’s Improvements which are different than Landlord’s standard improvements at the Property or improvements, equipment, cabinets or fixtures not installed by Landlord. Such entry by Tenant and Tenant’s Contractor Contractors pursuant to this Section 5 shall attend a preconstruction meeting with Landlord’s Construction Representative and/or property managerbe deemed to be under all of the terms, covenants, provisions and conditions of the Lease except the covenant to pay Rent.

Appears in 1 contract

Samples: Lease Agreement (Bazaarvoice Inc)

Tenant’s Contractors. All contractors and subcontractors participating in construction In light of the Tenant Improvements shall be bondable, reputable and shall meet all licensing and insurance requirements specialized nature of the state in which the Premises are situatedCommunications Equipment, be approved by Landlord, which approvals shall not be unreasonably withheld, conditioned or delayed, and have good labor relations and generally known in the industry to be capable of working in harmony with Landlord’s or other tenant’s contractors in the Project, and shall be required to comply with the Union Labor Standards of Exhibit I and Exhibit I-1 to the Lease. During the term of the Existing Mortgage (as defined in Section 23 of the Lease), the Tenant’s Contractor shall obtain and provide to Landlord a payment and performance bond for all Tenant Improvements prior to the commencement of construction; provided, however, Landlord shall pay for such bond premium. Notwithstanding the Union Labor Standards requirement, Landlord hereby approves and Tenant shall be permitted to use Gateway Construction Servicesutilize the vendors and contractors of its choice for installation, Inc., a Washington corporation, or another contractor selected by Tenant (subject to Landlord’s reasonable approval) as Tenant’s contractor for the initial Tenant Improvements (“Tenant’s Contractor”) , subject to Tenant’s Contractor agreeing in writing to use only union labor subcontractors to perform all Tenant Improvement work removal and not self-performing any scope of work with Tenant’s Contractor’s own labor. Further, Tenant’s Contractor shall ensure that all subcontractors to perform the Tenant Improvement work are in compliance with the Union Labor Standards at the time of bidding repair of the Tenant Improvement work, as well as when such work is being performedCommunications Equipment. Tenant’s and Tenant’s Contractor’s choice of subcontractors shall not materially affect any guaranties or warranties relating to Notwithstanding the Building or Building Systems. Tenant and Tenant’s Contractor shall utilize MEP subcontractors reasonably approved by Landlord or by a reputable contractor reasonably approved by Landlord; the MEP subcontractors shall be those utilized by Landlord for the Base Building Work. Landlord shall have the right to receive a copy of the contract between Tenant and Tenant’s Contractor (the “Contractor Agreement”). All contracts between Tenant and Tenant’s Contractor for the Tenant Improvements shall contain a provision requiring Tenant’s Contractor to notify Landlord immediately in writing if Tenant fails to pay such Contractor according to the terms of the contract. From time to timeforegoing, Tenant shall provide Landlord with: with prior notice of any such installation, removal or repair and coordinate such work with Landlord in order to avoid voiding or otherwise adversely affecting any warranties granted to Landlord with respect to the roof. If necessary, Tenant, at its sole cost and expense, shall retain any contractor having a then existing warranty on the roof to perform such work (a) Proof of compliance with to the Union Labor Standards; (b) Contractor’s state contractor registration numbers; (c) A fully executed copy extent that it involves penetration of the Contractor Agreement; (d) Fully executed Architect’s Agreement; (e) Subcontracts roof), or, at Tenant's option, to perform the portion of such work which would affect the roof warranty in excess of $100,000 and in total representing not less than 75% conjunction with Tenant's contractor. If Landlord contemplates roof repairs which require the temporary removal or relocation of the aggregate dollar Communications Equipment, or which may result in an interruption of all subcontracts Tenant's telecommunications service, Landlord shall give Tenant at least ten (10) days prior written notice of such contemplated work in order to allow Tenant to make other arrangements for such services, provided that in the event of an emergency, Landlord shall not be required to give Tenant Improvements; ten (f10) Construction schedule establishing a timetable for completion days prior written notice, but shall in good faith, give Tenant as much notice as is reasonably possible considering the nature of the constructionemergency. In addition, showingif the roof repairs are not of an emergency nature and Tenant reasonably requires more than ten (10) days in which to make alternative service arrangements, Landlord will work together in good faith with Tenant to agree upon an arrangement that allows Landlord to perform such roof repairs on a monthly basistimely basis without additional cost and allows Tenant an adequate amount of time to make alternative service arrangements. Notwithstanding the foregoing, the anticipated progress of the Tenant Improvements; (g) A schedule of values, including a trade payment breakdown, setting forth a description of all contracts for the design, engineering, construction and equipping of the Tenant Improvements; (h) Complete list of subcontractors with name, telephone number, address and contact name; (i) A set of Working Drawings approved by Tenant shall not be required to relocate its Communications Equipment unless the municipality issuing work in question cannot reasonably be performed any other way, (ii) upon Tenant's request, Landlord shall give Tenant reasonably detailed information about the Building permit; and (j) A copy of the Building permit. During the term of the Existing Mortgagework in question, items (a) and (ciii) through (i) above shall be subject to Landlord will not disconnect Tenant's Communications Equipment without Tenant's prior approval by Landlord’s Mortgagee. Furtherwritten consent, prior to but if Tenant does not grant such consent within the commencement of constructiontime frames provided for above, Tenant shall exonerate and Tenant’s Contractor shall attend a preconstruction meeting with Landlord’s Construction Representative and/or property managerindemnify Landlord from and against any and all liability arising out of any delay in performing the roof repairs in question resulting therefrom.

Appears in 1 contract

Samples: Lease Agreement (Etre Reit, LLC)

AutoNDA by SimpleDocs

Tenant’s Contractors. All contractors The general contractor and all subcontractors participating in used for the construction of the Tenant Improvements Tenant's Work shall be bondable, reputable and shall meet all licensing and insurance requirements subject to Landlord's prior approval. The general contractor used for the construction of the state in which Tenant's Work must enter into Landlord's standard form of AIA Contract and Rider. Landlord hereby approves The Galbxxxxx Xxxpany of Stamford, Connecticut as the Premises are situatedTenant's general contractor for the construction of the initial Tenant's Work, be approved by Landlord, which approvals shall not be unreasonably withheld, conditioned or delayed, and have good labor relations and generally known in the industry to be capable of working in harmony with Landlord’s or other tenant’s contractors in the Project, and shall be required to comply with the Union Labor Standards of Exhibit I and Exhibit I-1 to the Lease. During the term of the Existing Mortgage (as defined in Section 23 of the Lease), the Tenant’s Contractor shall obtain and provide to Landlord a payment and performance bond for all Tenant Improvements undertaken prior to the commencement of construction; providedCommencement Date, however, Landlord shall pay which may be necessary to prepare the Demised Premises for such bond premiumthe Tenant's initial occupancy thereof. Notwithstanding If the Union Labor Standards requirement, Landlord hereby approves and Tenant shall be permitted to does not use Gateway Construction Services, Inc., a Washington corporation, or another contractor selected by Tenant (subject to Landlord’s reasonable approval) The Galbxxxxx Xxxpany as Tenant’s its general contractor for the initial Tenant's Work, the general contractor used for the construction of the initial Tenant's Work shall be jointly selected by Landlord and Tenant Improvements (“from competitive bids procured by Landlord and Tenant’s Contractor”) , subject to . Landlord's approval of The Galbxxxxx Xxxpany as the Tenant’s Contractor agreeing in writing to use only union labor subcontractors 's general contractor for the construction of the initial Tenant's Work shall not constitute Landlord's approval of The Galbxxxxx Xxxpany as the Tenant's general contractor for any future Tenant's Work which the Tenant may be permitted to perform all pursuant to this Lease. The general contractor used for the construction of any Tenant's Work, which may be undertaken by Tenant Improvement work and not self-performing any scope of work with Tenant’s Contractor’s own labor. Further, Tenant’s Contractor shall ensure that all subcontractors to perform the Tenant Improvement work are in compliance with the Union Labor Standards at the time of bidding of the Tenant Improvement work, as well as when such work is being performed. Tenant’s and Tenant’s Contractor’s choice of subcontractors shall not materially affect any guaranties or warranties relating subsequent to the Building or Building Systems. Tenant and initial Tenant’s Contractor shall utilize MEP subcontractors reasonably approved by Landlord or by a reputable contractor reasonably approved by Landlord; the MEP subcontractors shall be those utilized by Landlord for the Base Building Work. Landlord shall have the right to receive a copy of the contract between Tenant and Tenant’s Contractor (the “Contractor Agreement”). All contracts between Tenant and Tenant’s Contractor for the Tenant Improvements shall contain a provision requiring Tenant’s Contractor to notify Landlord immediately in writing if Tenant fails to pay such Contractor according to the terms of the contract. From time to time, Tenant shall provide Landlord with: (a) Proof of compliance with the Union Labor Standards; (b) Contractor’s state contractor registration numbers; (c) A fully executed copy of the Contractor Agreement; (d) Fully executed Architect’s Agreement; (e) Subcontracts in excess of $100,000 and in total representing not less than 75% of the aggregate dollar of all subcontracts for the Tenant Improvements; (f) Construction schedule establishing a timetable for completion of the construction, showing, on a monthly basis, the anticipated progress of the Tenant Improvements; (g) A schedule of values, including a trade payment breakdown, setting forth a description of all contracts for the design, engineering, construction and equipping of the Tenant Improvements; (h) Complete list of subcontractors with name, telephone number, address and contact name; (i) A set of Working Drawings approved by the municipality issuing the Building permit; and (j) A copy of the Building permit. During the term of the Existing Mortgage, items (a) and (c) through (i) above shall be subject to prior approval by Landlord’s Mortgagee. Further, prior to the commencement of construction, Tenant and Tenant’s Contractor shall attend a preconstruction meeting with Landlord’s Construction Representative and/or property manager.'s

Appears in 1 contract

Samples: Lease Agreement (Memberworks Inc)

Tenant’s Contractors. All contractors In making any alterations and subcontractors participating in construction improvements or performing any other work of any kind within the Second Additional Expansion Premises through the services of any contractor or contractors, the following conditions shall be fulfilled, and Tenant, by undertaking to have such work performed by its contractor or contractors, shall be deemed to have agreed to cause such conditions to be fulfilled: (i) Prior to commencing any such work, Tenant shall (A) furnish Landlord with a written description of the Tenant Improvements shall be bondable, reputable proposed work and shall meet all licensing reasonably detailed plans and insurance requirements specifications therefor and (B) obtain the approval of the state in which the Premises are situated, be approved by Landlord, which approvals in writing, for the specific work it proposes to perform and all such plans and specifications. Landlord shall not be unreasonably withheld, conditioned respond with its approval or delayed, and have good labor relations and generally known in the industry to be capable disapproval within five (5) business days of working in harmony with Landlord’s or other tenant’s contractors in the Project, and shall be required to comply with the Union Labor Standards receipt of Exhibit I and Exhibit I-1 to the Lease. During the term of the Existing Mortgage (as defined in Section 23 of the Lease), the Tenant’s Contractor shall obtain and provide to Landlord a payment and performance bond for all Tenant Improvements prior to the commencement of constructionrequest; provided, however, that should Landlord’s review require review of the plans and specifications by a third party professional, Landlord shall pay have up to thirty (30) days to respond. Should Landlord disapprove Tenant’s submitted plans and specifications, Landlord will reasonably specify the reasons for disapproval in its response to Tenant. (ii) The work shall be performed at Tenant’s expense by responsible contractors and subcontractors approved in advance by Landlord, who shall not in Landlord’s sole opinion, and who in fact do not, prejudice Landlord’s relationship with Landlord’s contractors or subcontractors or the relationship between such bond premiumcontractors and their subcontractors or employees, or disturb harmonious labor relations. Notwithstanding the Union Labor Standards requirement, Landlord hereby approves the following contractors: Xxxxxx Construction, Patriot Construction and Tenant shall be permitted to use Gateway Construction Services, Inc., a Washington corporation, or another contractor selected by Tenant (subject to Landlord’s reasonable approval) as Tenant’s contractor for the initial Tenant Improvements (“Tenant’s Contractor”) , subject to Tenant’s Contractor agreeing in writing to use only union labor subcontractors to perform all Tenant Improvement work and not self-performing any scope of work with Tenant’s Contractor’s own labor. Further, Tenant’s Contractor shall ensure that all subcontractors to perform the Tenant Improvement work are in compliance with the Union Labor Standards at the time of bidding of the Tenant Improvement work, as well as when such work is being performedCommercial Construction. Tenant’s contractors and Tenant’s Contractor’s choice of subcontractors shall not materially affect any guaranties or warranties relating comply with all insurance requirements and undertakings set forth in Exhibit D attached to the Building or Building Systems. Lease, as the same may be changed by written notice from Landlord to Tenant and Tenant’s Contractor shall utilize MEP subcontractors reasonably approved by Landlord or by a reputable contractor reasonably approved by Landlord; the MEP subcontractors shall be those utilized by Landlord for the Base Building Work. Landlord shall have the right to receive a copy of the contract between Tenant and Tenant’s Contractor (the “Contractor Agreement”). All contracts between Tenant and Tenant’s Contractor for the Tenant Improvements shall contain a provision requiring Tenant’s Contractor to notify Landlord immediately in writing if Tenant fails to pay such Contractor according to the terms of the contract. From from time to time, Tenant shall provide Landlord with:time during the Term. (aiii) Proof Each of compliance with the Union Labor Standards; (b) Contractor’s state contractor registration numbers; (c) A fully executed copy of the Contractor Agreement; (d) Fully executed Architect’s Agreement; (e) Subcontracts in excess of such contractors being paid $100,000 and in total representing not less than 75% of the aggregate dollar of all subcontracts for the Tenant Improvements; (f) Construction schedule establishing a timetable for completion of the construction, showing, on a monthly basis, the anticipated progress of the Tenant Improvements; (g) A schedule of values, including a trade payment breakdown, setting forth a description of all contracts for the design, engineering, construction and equipping of the Tenant Improvements; (h) Complete list of subcontractors with name, telephone number, address and contact name; (i) A set of Working Drawings approved by the municipality issuing the Building permit; and (j) A copy of the Building permit. During the term of the Existing Mortgage, items (a) and (c) through (i) above shall be subject to prior approval by Landlord’s Mortgagee. Further5,000.00 or more shall, prior to the commencement of constructiontheir work and not later than ten (10) days after the execution of their respective contracts, file waivers of mechanic’s liens in the appropriate public office, which waivers shall be effective to preclude the filing of any mechanic’s liens on account of the work to be performed by any of Tenant’s contractors, subcontractors or materialmen. (iv) No such work shall be performed in such manner or at such times as to interfere with any work being done by any of Landlord’s contractors or subcontractors in or about the Property generally. Tenant’s contractors and subcontractors shall be subject to the decisions of Landlord’s contractor as to such matters and as to avoidance of interference with other tenants of the Building or the work of other tenants’ contractors and subcontractors, but Landlord’s contractor shall not be responsible for any aspect of the work performed by Tenant’s contractors or subcontractors or for the coordination of the work of Landlord’s contractors or others with Tenant’s contractors. (v) Except as otherwise set forth in this Section 3(c), all such work shall be subject to the requirements and provisions of Section 10.6, 10.7 and 25 of the Lease. (vi) Tenant and Tenant’s Contractor its contractors and subcontractors shall attend a preconstruction meeting with be solely responsible for the transportation, safekeeping and storage of materials and equipment used in the performance of their work, for the removal of waste and debris resulting therefrom, and for any damage caused by them to any installations or work performed by Landlord’s Construction Representative and/or property manager’s, or any other tenant’s, contractors and subcontractors.

Appears in 1 contract

Samples: Office Lease (Quality Systems Inc)

Tenant’s Contractors. All contractors and subcontractors participating in construction of the If Tenant Improvements shall be bondable, reputable and shall meet all licensing and insurance requirements of the state in which should desire to enter the Premises are situated, be approved by Landlord, which approvals shall not be unreasonably withheld, conditioned or delayed, and have good labor relations and generally known in the industry authorize its agent to be capable of working in harmony with Landlord’s or other tenant’s contractors in the Project, and shall be required to comply with the Union Labor Standards of Exhibit I and Exhibit I-1 do so prior to the Lease. During the term of the Existing Mortgage (as defined in Section 23 Commencement Date of the Lease), to perform approved work not requested of the Tenant’s Contractor shall obtain and provide to Landlord a payment and performance bond for all Tenant Improvements prior to the commencement of construction; provided, howeverLandlord, Landlord shall pay for permit such bond premium. Notwithstanding the Union Labor Standards requirement, Landlord hereby approves and Tenant shall be permitted to use Gateway Construction Services, Inc., a Washington corporation, or another contractor selected by Tenant (subject to Landlord’s reasonable approval) as Tenant’s contractor for the initial Tenant Improvements (“Tenant’s Contractor”) , subject to Tenant’s Contractor agreeing in writing to use only union labor subcontractors to perform all Tenant Improvement work and not self-performing any scope of work with Tenant’s Contractor’s own labor. Further, Tenant’s Contractor shall ensure that all subcontractors to perform the Tenant Improvement work are in compliance with the Union Labor Standards at the time of bidding of the Tenant Improvement work, as well as when such work is being performed. Tenant’s and Tenant’s Contractor’s choice of subcontractors shall not materially affect any guaranties or warranties relating to the Building or Building Systems. Tenant and Tenant’s Contractor shall utilize MEP subcontractors reasonably approved by Landlord or by a reputable contractor reasonably approved by Landlord; the MEP subcontractors shall be those utilized by Landlord for the Base Building Work. Landlord shall have the right to receive a copy of the contract between Tenant and Tenant’s Contractor (the “Contractor Agreement”). All contracts between Tenant and Tenant’s Contractor for the Tenant Improvements shall contain a provision requiring Tenant’s Contractor to notify Landlord immediately in writing if Tenant fails to pay such Contractor according to the terms of the contract. From time to time, Tenant shall provide Landlord withentry if: (a) Proof of compliance with Tenant shall use only such contractors which Landlord shall approve in its reasonable discretion and Landlord shall have approved the Union Labor Standards;plans to be utilized by Tenant, which approval will not be unreasonably withheld or delayed; and (b) Contractor’s state contractor registration numbers;Tenant, its contractors, workmen, mechanics, engineers, space planners or such others as may enter the Premises (collectively, "Tenant's Contractors"), work in harmony with and do not in any way disturb or interfere with Landlord's space planners, architects, engineers, contractors, workmen, mechanics or other agents or independent contractors in the performance of their work (collectively, "Landlord's Contractors"), it being understood and agreed that if entry of Tenant or Tenant's Contractors would cause, has caused or is causing a material disturbance to Landlord or Landlord's Contractors, then Landlord may, with notice, refuse admittance to Tenant or Tenant's Contractors causing such disturbance; and (c) A fully executed copy Tenant (notwithstanding the first sentence of subsection 7.201 of the Contractor Agreement; (d) Fully executed Architect’s Agreement; (e) Subcontracts in excess Supplemental Lease Provisions), Tenant's Contractors and other agents shall provide landlord sufficient evidence that each is covered under such Worker's Compensation, public liability and property damage insurance as Landlord may reasonably request for its protection. Landlord shall not be liable for any injury, loss or damage to any of $100,000 and in total representing not less than 75% of the aggregate dollar of all subcontracts for the Tenant Improvements; (f) Construction schedule establishing a timetable for completion of the construction, showing, on a monthly basis, the anticipated progress of the Tenant Improvements; (g) A schedule of values, including a trade payment breakdown, setting forth a description of all contracts for the design, engineering, construction and equipping of the Tenant Improvements; (h) Complete list of subcontractors with name, telephone number, address and contact name; (i) A set of Working Drawings approved by the municipality issuing the Building permit; and (j) A copy of the Building permit. During the term of the Existing Mortgage, items (a) and (c) through (i) above shall be subject to prior approval by Landlord’s Mortgagee. Further, Tenant's installations or decorations made prior to the commencement Commencement Date and not installed by Landlord or Landlord's contractors. Tenant shall indemnify and hold harmless Landlord and Landlord's Contractors from and against any and all costs, expenses, claims, liabilities and causes of constructionaction arising out of or in connection with work performed in the Premises by or on behalf of Tenant (but excluding work performed by Landlord or Landlord's Contractors). Landlord is not responsible for the function and maintenance of improvements, equipment, cabinets or fixtures not installed by Landlord. Such entry by Tenant and Tenant’s Contractor 's Contractors pursuant to this Section 5 shall attend a preconstruction meeting with Landlord’s Construction Representative and/or property managerbe deemed to be under all of the terms, covenants, provisions and conditions of the Lease except the covenant to pay Rent.

Appears in 1 contract

Samples: Standard Office Lease Agreement (Networks Associates Inc/)

Tenant’s Contractors. All Tenant may at its sole expense select and -------------------- employ its own contractors for specialized or finishing work in the Demised Premises which is not to be performed by Landlord and subcontractors participating which is reflected as such in construction Tenant's Final Plans or Working Drawings (as the case may be), such as carpeting, telephone installation, installation of computer and other specialized equipment, special cabinetwork and millwork, and other similar decoration and installation, subject to the following qualifications, conditions and limitations: 7.1. Tenant shall first obtain the approval of Landlord in writing of the Tenant Improvements shall be bondable, reputable specific work it proposes to perform and shall meet all licensing and insurance requirements of the state in which the Premises are situated, be approved furnish Landlord with reasonable information requested by Landlord, which approvals shall Landlord (such approval by landlord not to be unreasonably withheld, conditioned or delayed); 7.2. The work shall be performed by responsible contractors and subcontractors, properly licensed to work and approved in advance by landlord, who shall not, in Landlord's reasonable opinion, prejudice Landlord's relationship with Landlord's contractors or subcontractors, or the relationship between the contractors and their subcontractors or employees, or disturb harmonious labor relations, and have good labor relations and generally known in the industry to be capable of working in harmony with Landlord’s or other tenant’s contractors in the Projectwho shall, and shall be required to comply with the Union Labor Standards of Exhibit I and Exhibit I-1 to the Lease. During the term of the Existing Mortgage (as defined in Section 23 of the Lease), the Tenant’s Contractor shall obtain and provide to Landlord a payment and performance bond for all Tenant Improvements prior to the commencement of construction; provided, however, Landlord shall pay for such bond premium. Notwithstanding the Union Labor Standards requirement, Landlord hereby approves and Tenant shall be permitted to use Gateway Construction Services, Inc., a Washington corporation, or another contractor selected by Tenant (subject to Landlord’s reasonable approval) as Tenant’s contractor for the initial Tenant Improvements (“Tenant’s Contractor”) , subject to Tenant’s Contractor agreeing in writing to use only union labor subcontractors to perform all Tenant Improvement work and not self-performing any scope of work with Tenant’s Contractor’s own labor. Further, Tenant’s Contractor shall ensure that all subcontractors to perform the Tenant Improvement work are in compliance with the Union Labor Standards at the time of bidding of the Tenant Improvement work, as well as when such work is being performed. Tenant’s and Tenant’s Contractor’s choice of subcontractors shall not materially affect any guaranties or warranties relating to the Building or Building Systems. Tenant and Tenant’s Contractor shall utilize MEP subcontractors reasonably approved by Landlord or by a reputable contractor reasonably approved if requested by Landlord; the MEP subcontractors shall be those utilized by Landlord for the Base Building Work. Landlord shall have the right to receive a copy of the contract between Tenant and Tenant’s Contractor (the “Contractor Agreement”). All contracts between Tenant and Tenant’s Contractor for the Tenant Improvements shall contain a provision requiring Tenant’s Contractor to notify Landlord immediately in writing if Tenant fails to pay such Contractor according to the terms of the contract. From time to time, Tenant shall provide Landlord with: (a) Proof of compliance with the Union Labor Standards; (b) Contractor’s state contractor registration numbers; (c) A fully executed copy of the Contractor Agreement; (d) Fully executed Architect’s Agreement; (e) Subcontracts in excess of $100,000 and in total representing not less than 75% of the aggregate dollar of all subcontracts for the Tenant Improvements; (f) Construction schedule establishing a timetable for completion of the construction, showing, on a monthly basis, the anticipated progress of the Tenant Improvements; (g) A schedule of values, including a trade payment breakdown, setting forth a description of all contracts for the design, engineering, construction and equipping of the Tenant Improvements; (h) Complete list of subcontractors with name, telephone number, address and contact name; (i) A set of Working Drawings approved by the municipality issuing the Building permit; and (j) A copy of the Building permit. During the term of the Existing Mortgage, items (a) and (c) through (i) above shall be subject to prior approval by Landlord’s Mortgagee. Further, prior to the commencement of constructionany work, file waivers of mechanics' liens on account of the work to be performed by any of Tenant's contractors, subcontractors or material suppliers; 7.3. Tenant shall have sole responsibility for compliance with Governmental Requirements, and shall at its expense procure all permits necessary with respect to the work to be performed by Tenant's contractors or subcontractors; 7.4. No such work shall be performed in such manner or at such times as to interfere with any work being done by any of Landlord's contractors or subcontractors in the Demised Premises or in the Building generally. Landlord shall endeavor, however, to allow Tenant access for such work prior to the Commencement Date, at the earliest time consistent with the remainder of this subsection; 7.5. Tenant and its contractors and subcontractors shall be solely responsible for the transportation, storage and safekeeping of materials and equipment used in the performance of any work, for the removal of waste and debris resulting therefrom on a daily basis, and for any damage caused by them to any installations or work performed by Landlord's contractors and subcontractors; and Tenant’s Contractor 's contractors and subcontractors shall attend each deliver to Landlord a preconstruction meeting certificate of insurance indicating contractor liability in amounts and with companies and otherwise satisfactory to Landlord’s Construction Representative and/or property manager., and naming the Demised Premises as an insured site; and

Appears in 1 contract

Samples: Office Lease (Styrochem International LTD)

Tenant’s Contractors. All contractors and subcontractors participating in construction of the If Tenant Improvements shall be bondable, reputable and shall meet all licensing and insurance requirements of the state in which should desire to enter the Premises are situated, be approved by Landlord, which approvals shall not be unreasonably withheld, conditioned or delayed, and have good labor relations and generally known in the industry authorize its agent to be capable of working in harmony with Landlord’s or other tenant’s contractors in the Project, and shall be required to comply with the Union Labor Standards of Exhibit I and Exhibit I-1 do so prior to the Lease. During the term of the Existing Mortgage (as defined in Section 23 Commencement Date of the Lease), to perform approved work not requested of the Tenant’s Contractor shall obtain and provide to Landlord a payment and performance bond for all Tenant Improvements prior to the commencement of construction; provided, howeverLandlord, Landlord shall pay for permit such bond premium. Notwithstanding the Union Labor Standards requirement, Landlord hereby approves and Tenant shall be permitted to use Gateway Construction Services, Inc., a Washington corporation, or another contractor selected by Tenant (subject to Landlord’s reasonable approval) as Tenant’s contractor for the initial Tenant Improvements (“Tenant’s Contractor”) , subject to Tenant’s Contractor agreeing in writing to use only union labor subcontractors to perform all Tenant Improvement work and not self-performing any scope of work with Tenant’s Contractor’s own labor. Further, Tenant’s Contractor shall ensure that all subcontractors to perform the Tenant Improvement work are in compliance with the Union Labor Standards at the time of bidding of the Tenant Improvement work, as well as when such work is being performed. Tenant’s and Tenant’s Contractor’s choice of subcontractors shall not materially affect any guaranties or warranties relating to the Building or Building Systems. Tenant and Tenant’s Contractor shall utilize MEP subcontractors reasonably approved by Landlord or by a reputable contractor reasonably approved by Landlord; the MEP subcontractors shall be those utilized by Landlord for the Base Building Work. Landlord shall have the right to receive a copy of the contract between Tenant and Tenant’s Contractor (the “Contractor Agreement”). All contracts between Tenant and Tenant’s Contractor for the Tenant Improvements shall contain a provision requiring Tenant’s Contractor to notify Landlord immediately in writing if Tenant fails to pay such Contractor according to the terms of the contract. From time to time, Tenant shall provide Landlord withentry if: (a) Proof of compliance with Tenant shall use only such contractors which Landlord shall approve in its reasonable discretion and Landlord shall have approved the Union Labor Standards;plans to be utilized by Tenant, which approval will not be unreasonably withheld; and (b) Contractor’s state contractor registration numbers;Tenant, its contractors, workmen, mechanics, engineers, space planners or such others as may enter the Premises (collectively, "TENANT'S CONTRACTORS"), work in harmony with and do not in any way disturb or interfere with Landlord's space planners, architects, engineers, contractors, workmen, mechanics or other agents or independent contractors in the performance of their work (collectively, "LANDLORD'S CONTRACTORS"), it being understood and agreed that if entry of Tenant or Tenant's Contractors would cause, has caused or is causing a material disturbance to Landlord or Landlord's Contractors, then Landlord may, with notice, refuse admittance to Tenant or Tenant's Contractors causing such disturbance; and (c) A fully executed copy Tenant (notwithstanding the first sentence of subsection 7.201 of the Contractor Agreement; (d) Fully executed Architect’s Agreement; (e) Subcontracts in excess Supplemental Lease Provisions), Tenant's Contractors and other agents shall provide Landlord sufficient evidence that each is covered under such Worker's Compensation, public liability and property damage insurance as Landlord may reasonably request for its protection. Landlord shall not be liable for any injury, loss or damage to any of $100,000 and in total representing not less than 75% of the aggregate dollar of all subcontracts for the Tenant Improvements; (f) Construction schedule establishing a timetable for completion of the construction, showing, on a monthly basis, the anticipated progress of the Tenant Improvements; (g) A schedule of values, including a trade payment breakdown, setting forth a description of all contracts for the design, engineering, construction and equipping of the Tenant Improvements; (h) Complete list of subcontractors with name, telephone number, address and contact name; (i) A set of Working Drawings approved by the municipality issuing the Building permit; and (j) A copy of the Building permit. During the term of the Existing Mortgage, items (a) and (c) through (i) above shall be subject to prior approval by Landlord’s Mortgagee. Further, Tenant's installations or decorations made prior to the commencement Commencement Date and not installed by Landlord. Tenant shall indemnify and hold harmless Landlord and Landlord's Contractors from and against any and all costs, expenses, claims, liabilities and causes of constructionaction arising out of or in connection with work performed in the Premises by or on behalf of Tenant (but excluding work performed by Landlord or Landlord's Contractors). Landlord is not responsible for the function and maintenance of Tenant's Improvements which are different than Landlord's standard improvements at the Property or improvements, equipment, cabinets or fixtures not installed by Landlord. Such entry by Tenant and Tenant’s Contractor 's Contractors pursuant to this Section 5 shall attend a preconstruction meeting with Landlord’s Construction Representative and/or property managerbe deemed to be under all of the terms, covenants, provisions and conditions of the Lease except the covenant to pay Rent.

Appears in 1 contract

Samples: Office Lease Agreement (American Physician Partners Inc)

Tenant’s Contractors. All contractors and subcontractors participating in construction If Tenant should desire to enter the Premises or authorize its agent to do so prior to the Commencement Date of the Tenant Improvements shall be bondableLease, reputable and shall meet all licensing and insurance requirements to perform approved work not requested of the state in which the Premises are situated, be approved by Landlord, Landlord shall permit such entry if; a. Tenant shall use only such contractors which approvals Landlord shall approve in its reasonable discretion and Landlord shall have approved the plans to be utilized by Tenant, which approval will not be unreasonably withheld; and b. Tenant, conditioned its contractors, workmen, mechanics, engineers, space planners or delayedsuch others as may enter the Premises (collectively, and have good labor relations and generally known in the industry to be capable of working "Tenant's Contractors''), work in harmony with and do not in any way disturb or Interfere with Landlord's space planners, architects, engineers, contractors, workmen, mechanics or other agents or Independent Contractors in the performance of their work. Collectively, "Landlord's Contractors"), it being understood and agreed that if entry of Tenant or Tenant's Contractors would cause, has caused or is causing a material disturbance to Landlord or Landlord’s Contractors, then Landlord may, with notice, refuse admittance to Tenant or other tenant’s Tenant's contractors in causing such disturbance; and c. Tenant (notwithstanding the Project, and shall be required to comply with the Union Labor Standards first sentence of Exhibit I and Exhibit I-1 to the Lease. During the term subsection 7,201 of the Existing Mortgage (as defined in Section 23 of the LeaseSupplemental Lease Provisions), the Tenant’s Contractor 's Contractors and other agents shall obtain provide Landlord Sufficient evidence that each is covered under such Worker's Compensation, public Liability and provide property damage insurance as Landlord may reasonable request or its Protection. Landlord shall not be liable for any injury, loss or damage to Landlord a payment and performance bond for all Tenant Improvements any of Tenant's installations or decorations made prior to the commencement of construction; provided, however, Landlord shall pay for such bond premiumCommencement Date and not installed by Landlord. Notwithstanding the Union Labor Standards requirement, Landlord hereby approves and Tenant shall be permitted to use Gateway Construction ServicesIndemnify and hold harmless Landlord and Landlord's Contractors from and against any and all costs, Inc.expenses, a Washington corporationclaims, liabilities and causes of action arising out of or another contractor selected in connection with work; performed in the Premises by or on behalf of Tenant (subject to but excluding work performed by Landlord or Landlord’s reasonable approval) as Tenant’s contractor 's Contractors). Landlord is not responsible for the initial Tenant function and maintenance of Tenant's Improvements (“Tenant’s Contractor”) , subject to Tenant’s Contractor agreeing in writing to use only union labor subcontractors to perform all Tenant Improvement work and not self-performing any scope of work with Tenant’s Contractor’s own labor. Further, Tenant’s Contractor shall ensure that all subcontractors to perform the Tenant Improvement work which are in compliance with the Union Labor Standards different than Landlord's standard Improvements at the time of bidding of the Tenant Improvement workProperty or improvements, as well as when such work is being performedequipment, cabinets or fixtures not installed by Landlord. Tenant’s and Tenant’s Contractor’s choice of subcontractors shall not materially affect any guaranties or warranties relating to the Building or Building Systems. Such entry by Tenant and Tenant’s Contractor shall utilize MEP subcontractors reasonably approved by Landlord or by a reputable contractor reasonably approved by Landlord; the MEP subcontractors 's Contractors pursuant to this Section 5 shall be those utilized by Landlord for the Base Building Work. Landlord shall have the right deemed to receive a copy be under all of the contract between Tenant terms, covenants, provisions and Tenant’s Contractor (conditions of the “Contractor Agreement”). All contracts between Tenant and Tenant’s Contractor for Lease except the Tenant Improvements shall contain a provision requiring Tenant’s Contractor to notify Landlord immediately in writing if Tenant fails covenant to pay such Contractor according to the terms of the contract. From time to time, Tenant shall provide Landlord with: (a) Proof of compliance with the Union Labor Standards; (b) Contractor’s state contractor registration numbers; (c) A fully executed copy of the Contractor Agreement; (d) Fully executed Architect’s Agreement; (e) Subcontracts in excess of $100,000 and in total representing not less than 75% of the aggregate dollar of all subcontracts for the Tenant Improvements; (f) Construction schedule establishing a timetable for completion of the construction, showing, on a monthly basis, the anticipated progress of the Tenant Improvements; (g) A schedule of values, including a trade payment breakdown, setting forth a description of all contracts for the design, engineering, construction and equipping of the Tenant Improvements; (h) Complete list of subcontractors with name, telephone number, address and contact name; (i) A set of Working Drawings approved by the municipality issuing the Building permit; and (j) A copy of the Building permit. During the term of the Existing Mortgage, items (a) and (c) through (i) above shall be subject to prior approval by Landlord’s Mortgagee. Further, prior to the commencement of construction, Tenant and Tenant’s Contractor shall attend a preconstruction meeting with Landlord’s Construction Representative and/or property managerRent.

Appears in 1 contract

Samples: Office Lease Agreement (Egpi Firecreek, Inc.)

Tenant’s Contractors. All contractors and subcontractors participating in construction of the If Tenant Improvements shall be bondable, reputable and shall meet all licensing and insurance requirements of the state in which should desire to enter the Premises are situated, be approved by Landlord, which approvals shall not be unreasonably withheld, conditioned or delayed, and have good labor relations and generally known in the industry authorize its agent to be capable of working in harmony with Landlord’s or other tenant’s contractors in the Project, and shall be required to comply with the Union Labor Standards of Exhibit I and Exhibit I-1 do so prior to the Lease. During the term of the Existing Mortgage (as defined in Section 23 Commencement Date of the Lease), to perform approved work not requested of the Tenant’s Contractor shall obtain and provide to Landlord a payment and performance bond for all Tenant Improvements prior to the commencement of construction; provided, howeverLandlord, Landlord shall pay for permit such bond premium. Notwithstanding the Union Labor Standards requirement, Landlord hereby approves and Tenant shall be permitted to use Gateway Construction Services, Inc., a Washington corporation, or another contractor selected by Tenant (subject to Landlord’s reasonable approval) as Tenant’s contractor for the initial Tenant Improvements (“Tenant’s Contractor”) , subject to Tenant’s Contractor agreeing in writing to use only union labor subcontractors to perform all Tenant Improvement work and not self-performing any scope of work with Tenant’s Contractor’s own labor. Further, Tenant’s Contractor shall ensure that all subcontractors to perform the Tenant Improvement work are in compliance with the Union Labor Standards at the time of bidding of the Tenant Improvement work, as well as when such work is being performed. Tenant’s and Tenant’s Contractor’s choice of subcontractors shall not materially affect any guaranties or warranties relating to the Building or Building Systems. Tenant and Tenant’s Contractor shall utilize MEP subcontractors reasonably approved by Landlord or by a reputable contractor reasonably approved by Landlord; the MEP subcontractors shall be those utilized by Landlord for the Base Building Work. Landlord shall have the right to receive a copy of the contract between Tenant and Tenant’s Contractor (the “Contractor Agreement”). All contracts between Tenant and Tenant’s Contractor for the Tenant Improvements shall contain a provision requiring Tenant’s Contractor to notify Landlord immediately in writing if Tenant fails to pay such Contractor according to the terms of the contract. From time to time, Tenant shall provide Landlord withentry if: (a) Proof of compliance with Tenant shall use only such contractors which Landlord shall approve, which approval shall not be unreasonably withheld or delayed, and Landlord shall have approved the Union Labor Standards;plans to be utilized by Tenant, which approval will not be unreasonably withheld or delayed; and (b) ContractorTenant, its contractors, workmen, mechanics, engineers, space planners or such others as may enter the Premises (collectively, “Tenant’s state contractor registration numbers;Contractors”), work in harmony with and do not in any way disturb or interfere with Landlord’s space planners, architects, engineers, contractors, workmen, mechanics or other agents or independent contractors in the performance of their work (collectively, “Landlord’s Contractors”), it being understood and agreed that if entry of Tenant or Tenant’s Contractors has caused or is causing a material disturbance to Landlord or Landlord’s Contractors, and such disturbance is not abated within one (1) day following Tenant’s receipt of notice of the specific conduct causing such disturbance, then Landlord may, with prior written notice, refuse admittance to Tenant or Tenant’s Contractors causing such disturbance; and (c) A fully executed copy Tenant (notwithstanding the first sentence of subsection 7.201 of the Contractor Agreement; (d) Fully executed ArchitectSupplemental Lease Provisions), Tenant’s Agreement; (e) Subcontracts in excess Contractors and other agents shall provide Landlord sufficient evidence that each is covered under such Worker’s Compensation, public liability and property damage insurance as Landlord may reasonably request for its protection. Landlord shall not be liable for any injury, loss or damage to any of $100,000 and in total representing not less than 75% of the aggregate dollar of all subcontracts for the Tenant Improvements; (f) Construction schedule establishing a timetable for completion of the construction, showing, on a monthly basis, the anticipated progress of the Tenant Improvements; (g) A schedule of values, including a trade payment breakdown, setting forth a description of all contracts for the design, engineering, construction and equipping of the Tenant Improvements; (h) Complete list of subcontractors with name, telephone number, address and contact name; (i) A set of Working Drawings approved by the municipality issuing the Building permit; and (j) A copy of the Building permit. During the term of the Existing Mortgage, items (a) and (c) through (i) above shall be subject to prior approval by LandlordTenant’s Mortgagee. Further, installations or decorations made prior to the commencement Commencement Date and not installed by Landlord. Tenant shall indemnify and hold harmless Landlord and Landlord’s Contractors from and against any and all costs, expenses, claims, liabilities and causes of constructionaction arising out of or in connection with work performed in the Premises by or on behalf of Tenant (but excluding work performed by Landlord or Landlord’s Contractors). Landlord is not responsible for the function and maintenance of Tenant’s Improvements which are different than Landlord’s standard improvements at the Property or improvements, equipment, cabinets or fixtures not installed by Landlord. Such entry by Tenant and Tenant’s Contractor Contractors pursuant to this Section 5 shall attend a preconstruction meeting with Landlord’s Construction Representative and/or property managerbe deemed to be under all of the terms, covenants, provisions and conditions of the Lease except the covenant to pay Rent.

Appears in 1 contract

Samples: Office Lease Agreement (Bazaarvoice Inc)

Tenant’s Contractors. All During the Term of this Lease, in making any alterations and improvements or performing any other work of any kind within the Premises through the services of any contractor or contractors, the following conditions shall be fulfilled, and Tenant, by undertaking to have such work performed by its contractor or contractors, shall be deemed to have agreed to cause such conditions to be fulfilled: 7.10.1 Prior to commencing any such work, Tenant shall (a) furnish Landlord with a written description of the proposed work and reasonably detailed plans and specifications therefor and (b) to the extent required under this Section 7 or Section 10.7 hereof, obtain the approval of Landlord, in writing, for the specific work it proposes to perform and all such plans and specifications. 7.10.2 The work shall be performed at Tenant’s expense by responsible contractors and subcontractors participating approved in construction of the Tenant Improvements shall be bondable, reputable and shall meet all licensing and insurance requirements of the state in which the Premises are situated, be approved advance by Landlord, which approvals who shall not be unreasonably withheld, conditioned or delayedin Landlord’s sole opinion, and have good labor relations and generally known who in the industry to be capable of working in harmony fact do not, prejudice Landlord’s relationship with Landlord’s contractors or other tenantsubcontractors or the relationship between such contractors and their subcontractors or employees, or disturb harmonious labor relations. Tenant’s contractors and subcontractors shall comply with all insurance requirements and undertakings set forth in Exhibit “E” attached hereto, as the same may be changed by written notice from Landlord to Tenant from time to time during the Term. 7.10.3 No such work shall be performed in such manner or at such times as to interfere with any work being done by any of Landlord’s contractors or subcontractors in the Project, and shall be required to comply with Premises or in or about the Union Labor Standards of Exhibit I and Exhibit I-1 to the LeaseProperty generally. During the term of the Existing Mortgage (as defined in Section 23 of the Lease), the Tenant’s Contractor shall obtain and provide to Landlord a payment and performance bond for all Tenant Improvements prior to the commencement of construction; providedshall, however, Landlord shall pay endeavor to allow Tenant access for such bond premium. Notwithstanding work at the Union Labor Standards requirementearliest time after the Substantial Completion Date, Landlord hereby approves and Tenant shall be permitted to use Gateway Construction Services, Inc., a Washington corporation, or another contractor selected by Tenant (subject to Landlord’s reasonable approval) as Tenant’s contractor for the initial Tenant Improvements (“Tenant’s Contractor”) , subject to Tenant’s Contractor agreeing in writing to use only union labor subcontractors to perform all Tenant Improvement work and not self-performing any scope of work with Tenant’s Contractor’s own labor. Further, Tenant’s Contractor shall ensure that all subcontractors to perform the Tenant Improvement work are in compliance consistent with the Union Labor Standards at the time restrictions of bidding of the Tenant Improvement work, as well as when such work is being performedthis Section 7.10. Tenant’s contractors and Tenant’s Contractor’s choice of subcontractors shall not materially affect any guaranties or warranties relating to the Building or Building Systems. Tenant and Tenant’s Contractor shall utilize MEP subcontractors reasonably approved by Landlord or by a reputable contractor reasonably approved by Landlord; the MEP subcontractors shall be those utilized by Landlord for the Base Building Work. Landlord shall have the right to receive a copy of the contract between Tenant and Tenant’s Contractor (the “Contractor Agreement”). All contracts between Tenant and Tenant’s Contractor for the Tenant Improvements shall contain a provision requiring Tenant’s Contractor to notify Landlord immediately in writing if Tenant fails to pay such Contractor according to the terms of the contract. From time to time, Tenant shall provide Landlord with: (a) Proof of compliance with the Union Labor Standards; (b) Contractor’s state contractor registration numbers; (c) A fully executed copy of the Contractor Agreement; (d) Fully executed Architect’s Agreement; (e) Subcontracts in excess of $100,000 and in total representing not less than 75% of the aggregate dollar of all subcontracts for the Tenant Improvements; (f) Construction schedule establishing a timetable for completion of the construction, showing, on a monthly basis, the anticipated progress of the Tenant Improvements; (g) A schedule of values, including a trade payment breakdown, setting forth a description of all contracts for the design, engineering, construction and equipping of the Tenant Improvements; (h) Complete list of subcontractors with name, telephone number, address and contact name; (i) A set of Working Drawings approved by the municipality issuing the Building permit; and (j) A copy of the Building permit. During the term of the Existing Mortgage, items (a) and (c) through (i) above shall be subject to prior approval the decisions of Landlord’s contractor as to such matters and as to avoidance of interference with other tenants of the Building or the work of other tenants’ contractors and subcontractors, but Landlord’s contractor shall not be responsible for any aspect of the work performed by Tenant’s contractors or subcontractors or for the coordination of the work of Landlord’s contractors or others with Tenant’s contractors. 7.10.4 Except as otherwise set forth in this Section 7.10, all such work shall be subject to the requirements and provisions of Sections 10.6, 10.7 and 25 of this Lease. 7.10.5 Tenant and its contractors and subcontractors shall be solely responsible for the transportation, safekeeping and storage of materials and equipment used in the performance of their work, for the removal of waste and debris resulting therefrom, and for any damage caused by them to any installations or work performed by Landlord’s Mortgagee. Further’s, prior to the commencement of constructionor any other tenant’s, Tenant contractors and Tenant’s Contractor shall attend a preconstruction meeting with Landlord’s Construction Representative and/or property managersubcontractors.

Appears in 1 contract

Samples: Office Lease (Active Network Inc)

Tenant’s Contractors. All contractors and subcontractors participating in construction of If Tenant should desire to enter the Tenant Improvements shall be bondable, reputable and shall meet all licensing and insurance requirements of the state in which the Additional Premises are situated, be approved by Landlord, which approvals shall not be unreasonably withheld, conditioned or delayed, and have good labor relations and generally known in the industry authorize its agent to be capable of working in harmony with Landlord’s or other tenant’s contractors in the Project, and shall be required to comply with the Union Labor Standards of Exhibit I and Exhibit I-1 to the Lease. During the term of the Existing Mortgage (as defined in Section 23 of the Lease), the Tenant’s Contractor shall obtain and provide to Landlord a payment and performance bond for all Tenant Improvements do so prior to the commencement Additional Premises Commencement Date, to perform approved work not requested of construction; provided, howeverthe Landlord, Landlord shall pay for permit such bond premium. Notwithstanding the Union Labor Standards requirement, Landlord hereby approves and Tenant shall be permitted to use Gateway Construction Services, Inc., a Washington corporation, or another contractor selected by Tenant (subject to Landlord’s reasonable approval) as Tenant’s contractor for the initial Tenant Improvements (“Tenant’s Contractor”) , subject to Tenant’s Contractor agreeing in writing to use only union labor subcontractors to perform all Tenant Improvement work and not self-performing any scope of work with Tenant’s Contractor’s own labor. Further, Tenant’s Contractor shall ensure that all subcontractors to perform the Tenant Improvement work are in compliance with the Union Labor Standards at the time of bidding of the Tenant Improvement work, as well as when such work is being performed. Tenant’s and Tenant’s Contractor’s choice of subcontractors shall not materially affect any guaranties or warranties relating to the Building or Building Systems. Tenant and Tenant’s Contractor shall utilize MEP subcontractors reasonably approved by Landlord or by a reputable contractor reasonably approved by Landlord; the MEP subcontractors shall be those utilized by Landlord for the Base Building Work. Landlord shall have the right to receive a copy of the contract between Tenant and Tenant’s Contractor (the “Contractor Agreement”). All contracts between Tenant and Tenant’s Contractor for the Tenant Improvements shall contain a provision requiring Tenant’s Contractor to notify Landlord immediately in writing if Tenant fails to pay such Contractor according to the terms of the contract. From time to time, Tenant shall provide Landlord withentry if: (a) Proof of compliance with Tenant shall use only such contractors which Landlord shall approve in its reasonable discretion and Landlord shall have approved the Union Labor Standards;plans to be utilized by Tenant, which approval will not be unreasonably withheld; and (b) Contractor’s state contractor registration numbers;Tenant, its contractors, workmen, mechanics, engineers, space planners or such others as may enter the Additional Premises (collectively, "Tenant's Contractors"), work in harmony with and do not in any way disturb or interfere with Landlord's space planners, architects, engineers, contractors, workmen, mechanics or other agents or independent contractors in the performance of their work (collectively, "Landlord's Contractors"), it being understood and agreed that if entry of Tenant or Tenant's Contractors would cause, has caused or is causing a material disturbance to Landlord or Landlord's Contractors, then Landlord may, with notice, refuse admittance to Tenant or Tenant's Contractors causing such disturbance; and (c) A fully executed copy Tenant (notwithstanding the first sentence of subsection 7.201 of the Contractor Agreement; (d) Fully executed Architect’s Agreement; (e) Subcontracts in excess Supplemental Lease Provisions), Tenant's Contractors and other agents shall provide Landlord sufficient evidence that each is covered under such Worker's Compensation, public liability and property damage insurance as Landlord may reasonably request for its protection. Landlord shall not be liable for any injury, loss or damage to any of $100,000 and in total representing not less than 75% of the aggregate dollar of all subcontracts for the Tenant Improvements; (f) Construction schedule establishing a timetable for completion of the construction, showing, on a monthly basis, the anticipated progress of the Tenant Improvements; (g) A schedule of values, including a trade payment breakdown, setting forth a description of all contracts for the design, engineering, construction and equipping of the Tenant Improvements; (h) Complete list of subcontractors with name, telephone number, address and contact name; (i) A set of Working Drawings approved by the municipality issuing the Building permit; and (j) A copy of the Building permit. During the term of the Existing Mortgage, items (a) and (c) through (i) above shall be subject to prior approval by Landlord’s Mortgagee. Further, Tenant's installations or decorations made prior to the commencement Additional Premises Commencement Date and not installed by Landlord. Tenant shall indemnify and hold harmless Landlord and Landlord's Contractors from and against any and all costs, expenses, claims, liabilities and causes of constructionaction arising out of or in connection with work performed in the Additional Premises by or on behalf of Tenant (but excluding work performed by Landlord or Landlord's Contractors). Landlord is not responsible for the function and maintenance of Tenant's Improvements which are different than Landlord's standard improvements at the Property or improvements, equipment, cabinets or fixtures not installed by Landlord. Such entry by Tenant and Tenant’s Contractor 's Contractors pursuant to this Section 5 shall attend a preconstruction meeting with Landlord’s Construction Representative and/or property managerbe deemed to be under all of the terms, covenants, provisions and conditions of the Lease except the covenant to pay Rent.

Appears in 1 contract

Samples: Lease Agreement (Hallmark Financial Services Inc)

Tenant’s Contractors. Tenant shall, at its expense, select and employ its own contractors for any work in the Premises which Landlord does not perform and which Tenant is permitted by this Lease to perform, subject to the following qualifications: (1) Tenant shall first obtain the approval of Landlord, in writing, of the specific work it proposes to perform and shall furnish Landlord with plans and specifications therefor, in accordance with this Lease. (2) All work shall be performed by responsible contractors and subcontractors participating approved in construction of the Tenant Improvements shall be bondable, reputable and shall meet all licensing and insurance requirements of the state in which the Premises are situated, be approved advance by Landlord, which approvals who shall not be unreasonably withheldnot, conditioned or delayedin Landlord’s reasonable opinion, and have good labor relations and generally known in the industry to be capable of working in harmony prejudice Landlord’s relationship with Landlord’s contractors or other tenantsubcontractors or the relationship between such contractors and their subcontractors or employees, or disturb harmonious labor relations, and who shall pay prevailing wages. Each of Tenant’s contractors shall furnish in the Projectadvance and maintain in effect workmen’s compensation insurance in accordance with statutory requirements and comprehensive public liability insurance (naming Landlord, Agent and Landlord’s contractors and subcontractors as insureds) with limits satisfactory to Landlord, and shall be required to comply with the Union Labor Standards of Exhibit I and Exhibit I-1 to the Lease. During the term of the Existing Mortgage (as defined in Section 23 of the Lease), the Tenant’s Contractor shall obtain and provide to Landlord a payment and performance bond for all Tenant Improvements prior to the commencement of construction; provided, however, Landlord shall pay for such bond premium. Notwithstanding the Union Labor Standards requirement, Landlord hereby approves and Tenant shall be permitted to use Gateway Construction Services, Inc., a Washington corporation, or another contractor selected by Tenant (subject to Landlord’s reasonable approval) as Tenant’s contractor for the initial Tenant Improvements (“Tenant’s Contractor”) , subject to Tenant’s Contractor agreeing in writing to use only union labor subcontractors to perform all Tenant Improvement work and not self-performing any scope of work with Tenant’s Contractor’s own labor. Further, Tenant’s Contractor shall ensure that all subcontractors to perform the Tenant Improvement work are in compliance with the Union Labor Standards at the time of bidding of the Tenant Improvement work, as well as when such work is being performed. Tenant’s and Tenant’s Contractor’s choice of subcontractors shall not materially affect any guaranties or warranties relating to the Building or Building Systems. Tenant and Tenant’s Contractor shall utilize MEP subcontractors reasonably approved by Landlord or by a reputable contractor reasonably approved by Landlord; the MEP subcontractors shall be those utilized by Landlord for the Base Building Work. Landlord shall have the right to receive a copy of the contract between Tenant and Tenant’s Contractor (the “Contractor Agreement”). All contracts between Tenant and Tenant’s Contractor for the Tenant Improvements shall contain a provision requiring Tenant’s Contractor to notify Landlord immediately in writing if Tenant fails to pay such Contractor according to the terms of the contract. From time to time, Tenant shall provide Landlord with: (a) Proof of compliance with the Union Labor Standards; (b) Contractor’s state contractor registration numbers; (c) A fully executed copy of the Contractor Agreement; (d) Fully executed Architect’s Agreement; (e) Subcontracts in excess of $100,000 and in total representing not less than 75% of the aggregate dollar of all subcontracts for the Tenant Improvements; (f) Construction schedule establishing a timetable for completion of the construction, showing, on a monthly basis, the anticipated progress of the Tenant Improvements; (g) A schedule of values, including a trade payment breakdown, setting forth a description of all contracts for the design, engineering, construction and equipping of the Tenant Improvements; (h) Complete list of subcontractors with name, telephone number, address and contact name; (i) A set of Working Drawings approved by the municipality issuing the Building permit; and (j) A copy of the Building permit. During the term of the Existing Mortgage, items (a) and (c) through (i) above shall be subject to prior approval by Landlord’s Mortgagee. Furthereach shall, prior to the commencement of constructionany work, file waivers of mechanic’s liens for the work to be performed or items to be supplied by any of Tenant’s contractors, subcontractors or materialmen. (3) All work shall be performed in such manner and at such time so as to avoid interference with any work, if any, being done by Landlord or its contractors or subcontractors in the Premises or at the Property generally. In the event such work is to occur prior to the Commencement Date Landlord shall, however, endeavor to give Tenant access for such work prior to the commencement of the term hereof at the earliest time consistent with the restrictions of this Section A. (4) Tenant and its contractors and subcontractors shall be solely responsible for the transportation, safekeeping and storage of materials and equipment used in the performance of its work, for the removal of waste and debris resulting therefrom and for any damage caused by them to any installations or work performed by Landlord or its contractors and subcontractors. (5) Tenant’s Contractor contractors and subcontractors shall attend a preconstruction meeting be subject to the schedules of Landlord and its contractors, if any, but Landlord shall not be responsible for any aspect of the work performed by Tenant’s contractors or subcontractors or for the coordination of work, if any, of Landlord or its contractors with LandlordTenant’s Construction Representative and/or property managercontractors.

Appears in 1 contract

Samples: Office Lease (Pennsylvania Real Estate Investment Trust)

Tenant’s Contractors. All contractors Tenant and subcontractors participating in construction of the Tenant Improvements shall be bondableTenant's Contractors, reputable and shall meet all licensing and insurance requirements of the state in which the Premises are situatedif any, be approved by Landlord, which approvals shall not be unreasonably withheld, conditioned or delayed, and may have good labor relations and generally known in the industry to be capable of working in harmony with Landlord’s or other tenant’s contractors in the Project, and shall be required to comply with the Union Labor Standards of Exhibit I and Exhibit I-1 access to the Lease. During demised premises during the term of the Existing Mortgage (as defined in Section 23 of the Lease), the Tenant’s Contractor shall obtain and provide to Landlord a payment and performance bond for all Tenant Improvements period prior to the commencement of construction; provided, however, Landlord shall pay for such bond premium. Notwithstanding the Union Labor Standards requirement, Landlord hereby approves and Tenant shall be permitted to use Gateway Construction Services, Inc., a Washington corporation, or another contractor selected by Tenant (subject to Landlord’s reasonable approval) as Tenant’s contractor Commencement Date for the initial Tenant Improvements (“Tenant’s Contractor”) , subject to Tenant’s Contractor agreeing in writing to use only union labor subcontractors to perform all Tenant Improvement work purposes of installing a telephone system and not self-performing any scope of work delivering furniture and other minor fixturing. In connection with Tenant’s Contractor’s own labor. Further, Tenant’s Contractor shall ensure that all subcontractors to perform the Tenant Improvement work are in compliance with the Union Labor Standards at the time of bidding of the Tenant Improvement work, as well as when such work is being performed. Tenant’s and Tenant’s Contractor’s choice of subcontractors shall not materially affect any guaranties or warranties relating to the Building or Building Systems. Tenant and Tenant’s Contractor shall utilize MEP subcontractors reasonably approved by Landlord or by a reputable contractor reasonably approved by Landlord; the MEP subcontractors shall be those utilized by Landlord for the Base Building Work. Landlord shall have the right to receive a copy of the contract between Tenant and Tenant’s Contractor (the “Contractor Agreement”). All contracts between Tenant and Tenant’s Contractor for the Tenant Improvements shall contain a provision requiring Tenant’s Contractor to notify Landlord immediately in writing if Tenant fails to pay such Contractor according to the terms of the contract. From time to timeaccess, Tenant shall provide Landlord with: (a) Proof cease promptly upon request by Landlord any activity or work during any period which shall interfere with or delay Landlord's prosecution or completion of compliance with Landlord Work, including without limitation the Union Labor Standards; use of any labor or materials that may cause, in Landlord's sole discretion, any labor disharmony at the A/B Building, (b) Contractor’s state contractor registration numbers; (c) A fully executed copy of comply promptly with all procedures and regulations prescribed by Landlord from time to time for coordinating such work and activities with any other activity or work in the Contractor Agreement; (d) Fully executed Architect’s Agreement; (e) Subcontracts in excess of $100,000 and in total representing not less than 75% of demised premises or the aggregate dollar of all subcontracts for the Tenant Improvements; (f) Construction schedule establishing a timetable for completion of the constructionA/B Building, showing, on a monthly basis, the anticipated progress of the Tenant Improvements; (g) A schedule of values, including a trade payment breakdown, setting forth a description of all contracts for the design, engineering, construction and equipping of the Tenant Improvements; (h) Complete list of subcontractors with name, telephone number, address and contact name; (i) A set of Working Drawings approved by the municipality issuing the Building permit; and (j) A copy of the Building permit. During the term of the Existing Mortgage, items (a) and (c) through (i) above pay any loss or additional expense incurred by Landlord by any delay in the completion of Landlord Work resulting therefrom. Such access by Tenant shall be subject deemed to prior approval by Landlord’s Mortgagee. Further, be pursuant to all the provisions of this Lease except that there shall be no obligation on the part of Tenant solely because of such access to pay any fixed annual or additional rent for any period prior to the commencement of constructionCommencement Date. Additionally, Tenant shall comply with the provisions of Article 6 of the Lease. If Tenant fails to comply with any of the foregoing obligations, in addition to all other rights and remedies hereunder, Landlord may by Notice require Tenant to cease the performance of such activity and work until the Finish Work has been completed. Tenant may select and employ its own contractors for the work referred to in the first paragraph of this Section. If Tenant or its contractors interfere with or delay Landlord's prosecution or completion of Landlord Work, any repairs or changes to such Landlord Work required as a result of any work by Tenant or its contractors shall be done at Tenant’s Contractor 's sole cost and expense, and Tenant shall attend a preconstruction meeting immediately reimburse Landlord for any expense incurred by Landlord in connection with such repairs or changes. Landlord shall afford Tenant and its contractors reasonable opportunity to use the A/B Building's facilities in order to enable Tenant and its contractors to perform such work economically and expeditiously, but Tenant and its contractors shall be responsible for scheduling. Tenant shall be responsible for coordination of the work of Tenant's contractors with Landlord’s Construction Representative and/or property manager's subcontractors. Water, electricity, heat or ventilation which is available for Landlord's contractors in the area of the demised premises shall be furnished, without charge, to Tenant and its contractors, to the extent they may be reasonably required by Tenant's contractors, during the normal working hours for Tenant's contractors, and if feasible, in all other instances, shall be provided to Tenant's contractors, at Tenant's cost, on a 24-hour basis.

Appears in 1 contract

Samples: Lease Agreement (Interliant Inc)

Tenant’s Contractors. All Cable TV connections, telephone, data and audio-visual equipment and wiring, office equipment and computer wiring, and furniture and security equipment shall be installed by Tenant’s contractors and shall conform with Landlord’s contractor’s schedule and work of installation and shall be handled in such a manner as to maintain harmonious labor relations and as not to interfere with or delay the work of Landlord’s contractors. To the extent that any such improvements furnished and installed by Tenant’s contractors cause Landlord’s contractor to be dependent upon the work of Tenant’s contractors in order for Landlord’s contractor to complete its work, any resulting delays in Landlord’s contractor’s work shall be “Tenant Delays” (as defined in Paragraph 9 below). Tenant’s contractors, subcontractors participating in and labor shall be subject to approval by Landlord which approval shall not be unreasonably withheld or delayed and shall be subject to the reasonable administrative supervision of Landlord’s general contractor and reasonable rules of the site. Contractors and subcontractors engaged by Tenant shall employ laborers and means to insure, so far as may be possible, the progress of the work without interruption on account of strikes, work stoppage or similar causes for delay. Landlord shall give access and entry to the Leased Premises to Tenant’s contractors as may be reasonably necessary during the course of construction of the Tenant Improvements shall be bondableImprovements, reputable and shall meet all licensing and insurance at various points during construction as each floor progresses, subject to the requirements of the state in which the Premises are situated, be approved by Landlord, which approvals shall not be unreasonably withheld, conditioned or delayed, and have good labor relations and generally known in the industry to be capable of working in harmony with Landlord’s or other tenant’s contractors in the Project, and shall be required to comply with the Union Labor Standards of Exhibit I and Exhibit I-1 to the Lease. During the term of the Existing Mortgage (as defined in Section 23 of the Lease), the Tenant’s Contractor shall obtain and provide to Landlord a payment and performance bond for all Tenant Improvements prior to the commencement of constructionthis Paragraph 7; provided, however, Landlord shall pay for that if such bond premium. Notwithstanding entry is prior to the Union Labor Standards requirement, Landlord hereby approves and Tenant shall be permitted to use Gateway Construction Services, Inc., a Washington corporation, or another contractor selected by Tenant (subject to Landlord’s reasonable approval) as Tenant’s contractor for the initial Tenant Improvements (“Tenant’s Contractor”) , subject to Tenant’s Contractor agreeing in writing to use only union labor subcontractors to perform all Tenant Improvement work and not self-performing any scope of work with Tenant’s Contractor’s own labor. Further, Tenant’s Contractor shall ensure that all subcontractors to perform the Tenant Improvement work are in compliance with the Union Labor Standards at the time of bidding first day of the Tenant Improvement work, as well as when Term such work is being performed. Tenant’s and Tenant’s Contractor’s choice of subcontractors shall not materially affect any guaranties or warranties relating to the Building or Building Systems. Tenant and Tenant’s Contractor shall utilize MEP subcontractors reasonably approved by Landlord or by a reputable contractor reasonably approved by Landlord; the MEP subcontractors shall be those utilized by Landlord for the Base Building Work. Landlord shall have the right to receive a copy of the contract between Tenant and Tenant’s Contractor (the “Contractor Agreement”). All contracts between Tenant and Tenant’s Contractor for the Tenant Improvements shall contain a provision requiring Tenant’s Contractor to notify Landlord immediately in writing if Tenant fails to pay such Contractor according to the terms of the contract. From time to time, Tenant shall provide Landlord with: (a) Proof of compliance with the Union Labor Standards; (b) Contractor’s state contractor registration numbers; (c) A fully executed copy of the Contractor Agreement; (d) Fully executed Architect’s Agreement; (e) Subcontracts in excess of $100,000 and in total representing not less than 75% of the aggregate dollar of all subcontracts for the Tenant Improvements; (f) Construction schedule establishing a timetable for completion of the construction, showing, on a monthly basis, the anticipated progress of the Tenant Improvements; (g) A schedule of values, including a trade payment breakdown, setting forth a description of all contracts for the design, engineering, construction and equipping of the Tenant Improvements; (h) Complete list of subcontractors with name, telephone number, address and contact name; (i) A set of Working Drawings approved by the municipality issuing the Building permit; and (j) A copy of the Building permit. During the term of the Existing Mortgage, items (a) and (c) through (i) above entry shall be subject to prior approval by Landlord’s Mortgagee. Further, prior all of the terms and conditions of this Lease except payment of Rent and Additional Charges and Tenant shall not be allowed to commence business in the commencement of construction, Tenant and Tenant’s Contractor shall attend a preconstruction meeting with Landlord’s Construction Representative and/or property managerPremises.

Appears in 1 contract

Samples: Sublease (DemandTec, Inc.)

Tenant’s Contractors. All contractors and subcontractors participating in construction If Tenant should desire to enter the Expansion -------------------- Premises or authorize its agent to do so prior to Substantial Completion of the Tenant Tenant's Improvements shall be bondablein the Expansion Premises, reputable and shall meet all licensing and insurance requirements to perform approved work not requested of the state in which the Premises are situated, be approved by Landlord, which approvals shall not be unreasonably withheld, conditioned or delayed, and have good labor relations and generally known in the industry to be capable of working in harmony with Landlord’s or other tenant’s contractors in the Project, and shall be required to comply with the Union Labor Standards of Exhibit I and Exhibit I-1 to the Lease. During the term of the Existing Mortgage (as defined in Section 23 of the Lease), the Tenant’s Contractor shall obtain and provide to Landlord a payment and performance bond for all Tenant Improvements prior to the commencement of construction; provided, however, Landlord shall pay for permit such bond premium. Notwithstanding the Union Labor Standards requirement, Landlord hereby approves and Tenant shall be permitted to use Gateway Construction Services, Inc., a Washington corporation, or another contractor selected by Tenant (subject to Landlord’s reasonable approval) as Tenant’s contractor for the initial Tenant Improvements (“Tenant’s Contractor”) , subject to Tenant’s Contractor agreeing in writing to use only union labor subcontractors to perform all Tenant Improvement work and not self-performing any scope of work with Tenant’s Contractor’s own labor. Further, Tenant’s Contractor shall ensure that all subcontractors to perform the Tenant Improvement work are in compliance with the Union Labor Standards at the time of bidding of the Tenant Improvement work, as well as when such work is being performed. Tenant’s and Tenant’s Contractor’s choice of subcontractors shall not materially affect any guaranties or warranties relating to the Building or Building Systems. Tenant and Tenant’s Contractor shall utilize MEP subcontractors reasonably approved by Landlord or by a reputable contractor reasonably approved by Landlord; the MEP subcontractors shall be those utilized by Landlord for the Base Building Work. Landlord shall have the right to receive a copy of the contract between Tenant and Tenant’s Contractor (the “Contractor Agreement”). All contracts between Tenant and Tenant’s Contractor for the Tenant Improvements shall contain a provision requiring Tenant’s Contractor to notify Landlord immediately in writing if Tenant fails to pay such Contractor according to the terms of the contract. From time to time, Tenant shall provide Landlord withentry if: (a) Proof of compliance with Tenant shall use only such contractors which Landlord shall approve in its reasonable discretion and Landlord shall have approved the Union Labor Standards;plans to be utilized by Tenant, which approval will not be unreasonably withheld; and (b) Contractor’s state contractor registration numbers;Tenant, its contractors, workmen, mechanics, engineers, space planners or such others as may enter the Expansion Premises (collectively, "Tenant's Contractors"), work in harmony with and do not in any way disturb or interfere with Landlord's space planners, architects, engineers, contractors, workmen, mechanics or other agents or independent contractors in the performance of their work (collectively, "Landlord's Contractors"), it being understood and agreed that if entry of Tenant or Tenant's Contractors would cause, has caused or is causing a material disturbance to Landlord or Landlord's Contractors, then Landlord may, with notice, refuse admittance to Tenant or Tenant's Contractors causing such disturbance; and (c) A fully executed copy Tenant (notwithstanding the first sentence of subsection 7.201 of the Contractor Agreement; (d) Fully executed Architect’s Agreement; (e) Subcontracts in excess Supplemental Lease Provisions), Tenant's Contractors and other agents shall provide Landlord sufficient evidence that each is covered under such Worker's Compensation, public liability and property damage insurance as Landlord may reasonably request for its protection. Landlord shall not be liable for any injury, loss or damage to any of $100,000 and in total representing not less than 75% of the aggregate dollar of all subcontracts for the Tenant Improvements; (f) Construction schedule establishing a timetable for completion of the construction, showing, on a monthly basis, the anticipated progress of the Tenant Improvements; (g) A schedule of values, including a trade payment breakdown, setting forth a description of all contracts for the design, engineering, construction and equipping of the Tenant Improvements; (h) Complete list of subcontractors with name, telephone number, address and contact name; (i) A set of Working Drawings approved by the municipality issuing the Building permit; and (j) A copy of the Building permit. During the term of the Existing Mortgage, items (a) and (c) through (i) above shall be subject to prior approval by Landlord’s Mortgagee. Further, Tenant's installations or decorations made prior to the commencement Expansion Premises Commencement Date and not installed by Landlord. Tenant shall indemnify and hold harmless Landlord and Landlord's Contractors from and against any and all costs, expenses, claims, liabilities and causes of constructionaction arising out of or in connection with work performed in the Expansion Premises by or on behalf of Tenant (but excluding work performed by Landlord or Landlord's Contractors). Landlord is not responsible for the function and maintenance of Tenant's Improvements which are different than Landlord's standard improvements at the Property or improvements, equipment, cabinets or fixtures not installed by Landlord. Such entry by Tenant and Tenant’s Contractor 's Contractors pursuant to this Section 4 shall attend a preconstruction meeting with Landlord’s Construction Representative and/or property managerbe deemed to be under all of the terms, covenants, provisions and conditions of the Lease except the covenant to pay Rent.

Appears in 1 contract

Samples: Lease (Vignette Corp)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!