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:

Appears in 2 contracts

Samples: Office Lease, Office Lease (Redfin CORP)

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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 that if such entry is prior to the first day of the Term such entry shall pay for such bond premium. Notwithstanding be subject to all of the Union Labor Standards requirement, Landlord hereby approves terms and conditions of this Lease except payment of Rent and Additional Charges and Tenant shall not be permitted allowed 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 commence business in 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:Premises.

Appears in 1 contract

Samples: Lease Agreement (DemandTec, 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 that if such entry is prior to the first day of the Term such entry shall pay for such bond premium. Notwithstanding be subject to all of the Union Labor Standards requirement, Landlord hereby approves terms and conditions of this Lease except payment of Rent and Additional Charges and Tenant shall not be permitted allowed 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 commence business in 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:Premises.

Appears in 1 contract

Samples: Lease Agreement (Cosine Communications Inc)

Tenant’s Contractors. All contractors Tenant and subcontractors participating Tenant's Contractors, if any, may have access to the demised premises during the period prior to the Commencement Date for the purposes of installing a telephone system and delivering furniture and other minor fixturing. In connection with such access, Tenant shall (a) 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 Landlord Work, including without limitation the use of any labor or materials that may cause, in construction Landlord's sole discretion, any labor disharmony at the A/B Building, (b) 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 demised premises or the A/B Building, and (c) 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 deemed to 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 Date. Additionally, Tenant shall comply with the provisions of Article 6 of the Lease. If Tenant Improvements 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 bondabledone at Tenant's sole cost and expense, reputable and Tenant shall meet all licensing immediately reimburse Landlord for any expense incurred by Landlord in connection with such repairs or changes. Landlord shall afford Tenant and insurance requirements 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 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 work of working in harmony Tenant's contractors with Landlord’s 's subcontractors. Water, electricity, heat or other tenant’s ventilation which is available for Landlord's contractors in the Projectarea 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 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 provided to Tenant’s Contractor agreeing in writing to use only union labor subcontractors to perform all Tenant Improvement work and not self's contractors, at Tenant's cost, on a 24-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:hour basis.

Appears in 1 contract

Samples: Interliant Inc

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:'s

Appears in 1 contract

Samples: Separate Lease Agreement (Memberworks Inc)

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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:manner as is possible.

Appears in 1 contract

Samples: Lease Agreement (Iovance Biotherapeutics, 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 (to the extent that it involves penetration of the roof), or, at Tenant’s option, to perform the portion of such work which would affect the roof warranty in conjunction with Tenant’s contractor. If Landlord contemplates roof repairs which require the temporary removal or relocation of the Communications Equipment, or which may result in an interruption of 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 ten (10) days prior written notice, but shall in good faith, give Tenant as much notice as is reasonably possible considering the nature of the emergency. In addition, if 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 timely basis without additional cost and allows Tenant an adequate amount of time to make alternative service arrangements. Notwithstanding the foregoing, (i) Tenant shall not be required to relocate its Communications Equipment unless the work in question cannot reasonably be performed any other way, (ii) upon Tenant’s request, Landlord shall give Tenant reasonably detailed information about the work in question, and (iii) Landlord will not disconnect Tenant’s Communications Equipment without Tenant’s prior written consent, but if Tenant does not grant such consent within the time frames provided for above, Tenant shall exonerate and indemnify 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: American Financial Realty Trust

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 (to the extent that it involves penetration of the roof), or, at Tenant's option, to perform the portion of such work which would affect the roof warranty in conjunction with Tenant's contractor. If Landlord contemplates roof repairs which require the temporary removal or relocation of the Communications Equipment, or which may result in an interruption of 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 ten (10) days prior written notice, but shall in good faith, give Tenant as much notice as is reasonably possible considering the nature of the emergency. In addition, if 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 timely basis without additional cost and allows Tenant an adequate amount of time to make alternative service arrangements. Notwithstanding the foregoing, (i) Tenant shall not be required to relocate its Communications Equipment unless the work in question cannot reasonably be performed any other way, (ii) upon Tenant's request, Landlord shall give Tenant reasonably detailed information about the work in question, and (iii) Landlord will not disconnect Tenant's Communications Equipment without Tenant's prior written consent, but if Tenant does not grant such consent within the time frames provided for above, Tenant shall exonerate and indemnify 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: Etre Reit, LLC

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