TENANT’S EXTRA WORK. If Tenant desires that any work be performed in connection with the construction of the Improvements other than, or in addition to, the work described in the Preliminary Drawing (or the Final Plans and Specifications once completed and delivered to Tenant), as approved by Landlord and Tenant [such other work is hereinafter called "Tenant's Extra Work"], the following provisions shall be applicable: (a) Tenant shall, at its sole cost and expense, furnish to Landlord, Landlord's architect, Landlord's General Contractor, and any electrical and mechanical consultants engaged by Landlord (collectively, "Landlord's Consultants"), such information as may reasonably be necessary to cause Landlord's Consultants to prepare and submit to Landlord all necessary drawings, plans and specifications covering the Tenant's Extra Work (such drawings, plans and specifications are hereinafter called "Tenant's Extra Work Plans"). Tenant shall pay the reasonable fees and expenses of Landlord's Consultants to prepare Tenant's Extra Work Plans within ten (10) business days of Landlord's delivery of the billing statement(s) therefor. (b) Landlord agrees to construct the Tenant's Extra Work provided (a) the Tenant's Extra Work Plans are acceptable to Landlord in its sole discretion and approved in writing by it, and (b) Tenant has not defaulted under, or otherwise breached, the terms and provisions of this Lease. (c) Prior to commencing any Tenant's Extra Work, Landlord shall submit to Tenant for Tenant's approval, a written estimate of the cost of Tenant's Extra Work and any projected delay in the estimated Commencement Date resulting from the proposed Tenant's Extra Work (hereinafter called "Estimate"). Landlord shall not be obligated to proceed with Tenant's Extra Work until the Estimate is approved in writing by Tenant. Tenant shall have five (5) business days from Landlord's delivery of the Estimate to advise Landlord of Tenant's approval or disapproval thereof. If Tenant fails to timely approve the Estimate, then Tenant shall automatically be deemed to have disapproved the Estimate and therefore, Landlord shall have no obligation to perform Tenant's Extra Work. The cost incurred in the performance of Tenant's Extra Work is due and payable to Landlord within a reasonable period of time prior to such time as Landlord is obligated to pay its contractor for such work pursuant to its Construction Contract with such contractor (whether on a percentage of completion basis or otherwise). If Tenant fails timely to make any payments for Tenant's Extra Work, Landlord may immediately cease to perform the Tenant's Extra Work and any delays in the Commencement Date set forth in the Estimate shall nonetheless remain effective for all relevant purposes. For purposes hereof, Tenant's Extra Work shall be deemed to also include the following items: i) All subcontract costs and general conditions pertaining to the Tenant's Extra Work; and (ii) An overhead, profit and building supervision charge of nine percent (9%) of the total cost of Tenant's Extra Work.
Appears in 1 contract
Samples: Building Lease (Datalink Corp)
TENANT’S EXTRA WORK. If Tenant desires that any work be performed in connection with the construction of the Building Improvements other than, or in addition to, the work described in the Preliminary Drawing Final Project Plans as of the Plans Approval Date (or the Final Plans and Specifications once completed and delivered to Tenant), as approved by Landlord and Tenant [such other work is hereinafter called "“Tenant's ’s Extra Work"]”), the following provisions shall be applicable:
(a) 4.1. Tenant shall, at its sole cost and expense, furnish to Landlord, Landlord's architectthe Architect, Landlord's the General Contractor, and any electrical and mechanical consultants engaged by Landlord (collectively, "“Landlord's ’s Consultants"”), such information as may reasonably be necessary to cause Landlord's ’s Consultants to prepare and submit to Landlord all necessary drawings, plans and specifications covering the Tenant's ’s Extra Work (such drawings, plans and specifications are hereinafter called "“Tenant's ’s Extra Work Plans"”). Tenant shall pay the All actual and reasonable fees and expenses of Landlord's ’s Consultants to prepare Tenant's ’s Extra Work Plans within ten (10) business days of Landlord's delivery of the billing statement(s) thereforshall be included in Total Project Costs or paid by Tenant as provided in Section 4.3 below.
(b) 4.2. Landlord agrees to construct the Tenant's ’s Extra Work provided (ai) the Tenant's ’s Extra Work Plans are acceptable to approved in writing by Landlord (which approval may be withheld, conditioned or delayed by Landlord in its sole and absolute discretion if such extra work or change orders will increase the Total Project Costs or cause a delay of any milestone dates in the Schedule by more than 30 days; and approved in writing by itotherwise which consent shall not be unreasonably withheld, conditioned or delayed), and (bii) Tenant has not defaulted under, or otherwise breached, beyond all applicable notice and cure periods under the terms and provisions of this the Lease.
(c) 4.3. Prior to commencing any Tenant's ’s Extra Work, Landlord shall submit to Tenant for Tenant's ’s approval, a written estimate of the cost of Tenant's ’s Extra Work and any projected delay in the estimated Commencement Target Substantial Completion Date resulting from the proposed Tenant's ’s Extra Work (hereinafter called "the “Estimate"”). Landlord shall not be obligated to proceed with Tenant's ’s Extra Work until the Estimate is approved approved, in writing writing, by Tenant. Tenant shall have five (5) business days from Landlord's ’s delivery of the Estimate to advise Landlord of Tenant's ’s approval or disapproval thereof. If Tenant fails to timely approve the Estimate, then Tenant shall automatically be deemed to have disapproved the Estimate and therefore, Landlord shall have no obligation to perform Tenant's ’s Extra Work. The cost costs incurred in the performance of Tenant's ’s Extra Work is due and payable shall be included in Total Project Costs; provided, however, Landlord may instead elect to require that Tenant pay the costs of Tenant’s Extra Work to Landlord as incurred within a reasonable period of time prior to such time as Landlord is obligated to pay its contractor the General Contractor for such work pursuant to its Construction the General Contract with such contractor (whether on a percentage of completion basis or otherwise). If Landlord makes such election and Tenant fails timely to make any payments for Tenant's Extra Work, Landlord may immediately cease to perform the Tenant's ’s Extra Work and any delays in the Commencement Target Substantial Completion Date set forth in the Estimate shall nonetheless remain effective for all relevant purposes. For purposes hereof, Tenant's ’s Extra Work shall be deemed to also include the following items: i) All subcontract costs and general conditions pertaining to (including, but not limited to, builder’s risk insurance) the Tenant's Extra Work; General Contractor’s fee and (ii) An overhead, profit and building supervision charge of nine percent (9%) of the total cost of Tenant's Extra WorkDevelopment Fee.
Appears in 1 contract
TENANT’S EXTRA WORK. If Tenant desires that any work be performed in connection with the construction of the Improvements other than, or in addition to, the work described in the Preliminary Drawing (or the Final Plans and Specifications once completed and delivered to Tenant), as approved by Landlord and Tenant [such other work is hereinafter called "Tenant's Extra Work"], the following provisions shall be applicable:
(a) Tenant shall, at its sole cost and expense, furnish to Landlord, Landlord's architect, LandlordXxxxxxxx's General Contractor, and any electrical and mechanical consultants engaged by Landlord (collectively, "Landlord's Consultants"), such information as may reasonably be necessary to cause Landlord's Consultants to prepare and submit to Landlord all necessary drawings, plans and specifications covering the Tenant's Extra Work (such drawings, plans and specifications are hereinafter called "Tenant's Extra Work Plans"). Tenant shall pay the reasonable fees and expenses of Landlord's Consultants to prepare Tenant's Extra Work Plans within ten (10) business days of Landlord's delivery of the billing statement(s) therefor.
(b) Landlord Xxxxxxxx agrees to construct the Tenant's Extra Work provided (a) the Tenant's Extra Work Plans are acceptable to Landlord in its sole discretion and approved in writing by it, and (b) Tenant has not defaulted under, or otherwise breached, the terms and provisions of this Lease.
(c) Prior to commencing any Tenant's Extra Work, Landlord shall submit to Tenant for TenantXxxxxx's approval, a written estimate of the cost of Tenant's Extra Work and any projected delay in the estimated Commencement Date resulting from the proposed Tenant's Extra Work (hereinafter called "Estimate"). Landlord shall not be obligated to proceed with Tenant's Extra Work until the Estimate is approved in writing by TenantXxxxxx. Tenant shall have five (5) business days from Landlord's delivery of the Estimate to advise Landlord of Tenant's approval or disapproval thereof. If Tenant fails to timely approve the Estimate, then Tenant shall automatically be deemed to have disapproved the Estimate and therefore, Landlord shall have no obligation to perform Tenant's Extra Work. The cost incurred in the performance of Tenant's Extra Work is due and payable to Landlord within a reasonable period of time prior to such time as Landlord is obligated to pay its contractor for such work pursuant to its Construction Contract with such contractor (whether on a percentage of completion basis or otherwise). If Tenant fails timely to make any payments for Tenant's Extra Work, Landlord may immediately cease to perform the Tenant's Extra Work and any delays in the Commencement Date set forth in the Estimate shall nonetheless remain effective for all relevant purposes. For purposes hereof, Tenant's Extra Work shall be deemed to also include the following items: i) All subcontract costs and general conditions pertaining to the Tenant's Extra Work; and (ii) An overhead, profit and building supervision charge of nine percent (9%) of the total cost of Tenant's Extra Work.costs
Appears in 1 contract
Samples: Building Lease (Datalink Corp)
TENANT’S EXTRA WORK. If Tenant desires that any work be performed in connection with the construction of the Improvements other than, or in addition to, the work described in the Preliminary Drawing (Working Drawings or the Final Plans and Specifications once completed and delivered to Tenant)Project Plans, as approved by Landlord and Tenant [(such other work is hereinafter called "“Tenant's ’s Extra Work"]”), the following provisions shall be applicable:
(a) 4.1 Tenant shall, at its sole cost and expense, furnish to Landlord, Landlord's ’s architect, Landlord's the General Contractor, and any electrical and mechanical consultants engaged by Landlord (collectively, "“Landlord's ’s Consultants"”), such information as may reasonably be necessary to cause Landlord's ’s Consultants to prepare and submit to Landlord all necessary drawings, plans and specifications covering the Tenant's ’s Extra Work (such drawings, plans and specifications are hereinafter called "“Tenant's ’s Extra Work Plans"”). Tenant shall pay the reasonable fees and expenses of Landlord's ’s Consultants to prepare Tenant's ’s Extra Work Plans within ten (10) 10 business days of Landlord's ’s delivery of the billing statement(s) therefortherefor and provided these amounts do not exceed those set forth in the approved Estimate.
(b) 4.2 Landlord agrees to construct the Tenant's ’s Extra Work provided (ai) the Tenant's ’s Extra Work Plans are acceptable to Landlord Landlord, in its sole discretion Landlord’s reasonable discretion, and approved in writing by itLandlord, and (bii) Tenant has not defaulted under, or otherwise breached, the terms and provisions of this the Lease.
(c) 4.3 Prior to commencing any Tenant's ’s Extra Work, Landlord shall submit to Tenant for Tenant's ’s approval, a written estimate of the cost of Tenant's ’s Extra Work Work, including an estimate of the Landlord’s Consultants’ fees and any projected delay in the estimated Commencement Target Substantial Completion Date resulting from the proposed Tenant's ’s Extra Work (hereinafter called "the “Estimate"”). Landlord shall not be obligated to proceed with Tenant's ’s Extra Work until the Estimate is approved in writing by Tenant. Tenant shall have five (5) business days from Landlord's ’s delivery of the Estimate to advise Landlord of Tenant's ’s approval or disapproval thereof. If Tenant fails to timely approve the Estimate, then Tenant shall automatically be deemed to have disapproved the Estimate and therefore, Landlord shall have no obligation to perform Tenant's ’s Extra Work. The cost costs incurred in the performance of Tenant's ’s Extra Work is due and payable as Additional Project Costs pursuant to Section 5.2 of this Exhibit B; provided, however, if Landlord has so indicated in the Estimate, Landlord may instead elect to require that Tenant pay the costs of Tenant’s Extra Work to Landlord within a reasonable period of time prior to such time as Landlord is obligated to pay its contractor the General Contractor for such work pursuant to its the Construction Contract with such contractor (whether on a percentage of completion basis or otherwise). If Landlord makes such election and Tenant fails timely to make any payments for Tenant's ’s Extra Work, Landlord may immediately may, within three (3) business days after written notice to Tenant, cease to perform the Tenant's ’s Extra Work and any delays in the Commencement Target Substantial Completion Date set forth in the Estimate shall nonetheless remain effective for all relevant purposes. For purposes hereof, Tenant's ’s Extra Work shall be deemed to also include the following items: i) All subcontract costs and general conditions pertaining to the Tenant's Extra Work; and (ii) An cost of an overhead, profit and building supervision charge of nine ten percent (910%) of the total cost of Tenant's ’s Extra Work.
Appears in 1 contract
Samples: Industrial Building Lease (Cybex International Inc)
TENANT’S EXTRA WORK. If Tenant desires that requests Landlord to do any work be performed in connection with the construction Premises other than the Landlord Work, or Tenant requests any modifications or changes to the Landlord Work after approval of the Improvements Working Drawings and budget therefor which increases the cost to Landlord, and Landlord, in its sole discretion, approves of such other than, or work in addition to, the work described in the Preliminary Drawing writing and (or the Final Plans and Specifications once completed and delivered to Tenant), as approved by Landlord and Tenant [such other work is hereinafter called "referred to as “Tenant's ’s Extra Work"]”), the following provisions terms, conditions, agreements, and procedures shall be applicable:
(a) A. Tenant shall, at its sole cost and expense, furnish to Landlord, Landlord's architect, Landlord's General Contractor, and any electrical and mechanical consultants engaged by Landlord (collectively, "Landlord's Consultants"), such information as may reasonably be necessary to cause Landlord's Consultants the Architect to prepare and submit to Landlord Landlord, on or before the date construction commences (the “Plans Due Date”), all necessary drawings, plans plans, and specifications covering the proposed Tenant's ’s Extra Work (such drawings, plans and specifications are hereinafter called "referred to as “Tenant's ’s Extra Work Plans"”). Tenant shall pay the reasonable fees and expenses of Landlord's Consultants to prepare Tenant's Extra Work Plans within ten (10) business days of Landlord's delivery of the billing statement(s) therefor.
(b) B. Landlord agrees to construct the cause Tenant's ’s Extra Work to be constructed, provided (a) the that Tenant's ’s Extra Work Plans are acceptable to Landlord in its sole discretion and approved in writing by itLandlord, that the timing of Tenant’s Extra Work must be coordinated with scheduling of the Landlord’s Work, and (b) that Tenant has not defaulted undercomplied with all applicable provisions, or otherwise breached, the terms and provisions conditions of this LeaseWork Letter.
(c) C. All such Tenant’s Extra Work shall be done at Tenant’s sole cost and expense. Prior to commencing any of Tenant's ’s Extra Work, Landlord shall submit to Tenant for Tenant's approval, ’s approval a written estimate of the cost of Tenant's Extra Work and any projected delay in the estimated Commencement Date resulting from the proposed Tenant's ’s Extra Work (hereinafter called "the “Estimate"”). If Tenant fails to approve any Estimate in writing within three (3) business days of its submission to Tenant, the Estimate shall be deemed disapproved and Landlord shall not be obligated to proceed with Tenant's ’s Extra Work until Work, and Landlord may complete construction of the Landlord Work. If Tenant approves the Estimate, Landlord may require Tenant to deposit the amount of the Estimate is approved in writing by Tenant. Tenant shall have five with Landlord within three (53) business days after Landlord’s written request therefor. Such deposit shall be held as security for the payment of, and shall be credited, without interest, against the sums payable by Tenant under this Work Letter.
D. If Tenant shall request any modifications, revisions or changes to the Tenant’s Extra Work at any time and from Landlord's delivery time to time, it shall follow the same procedure herein prescribed for the initiation, approval and commencement of the Estimate Tenant’s Extra Work in each such case.
E. Tenant agrees to advise pay to Landlord of the following sum for Tenant's approval or disapproval thereof. If Tenant fails to timely approve the Estimate, then Tenant shall automatically be deemed to have disapproved the Estimate and therefore, Landlord shall have no obligation to perform Tenant's ’s Extra Work:
1. The cost incurred in the performance of All costs and expenses pertaining to Tenant's Extra Work is due and payable to Landlord within a reasonable period of time prior to such time as Landlord is obligated to pay its contractor for such work pursuant to its Construction Contract with such contractor (whether on a percentage of completion basis or otherwise). If Tenant fails timely to make any payments for Tenant's ’s Extra Work, Landlord may immediately cease to perform the Tenant's Extra Work subcontractors and any delays in the Commencement Date set forth in the Estimate shall nonetheless remain effective for all relevant purposes. For purposes hereofgeneral and other conditions, Tenant's Extra Work shall be deemed to also include the following items: i) All subcontract costs and general conditions pertaining to the Tenant's Extra Work; and (ii) expenses, and
2. An overhead, profit and building supervision overhead charge of nine ten percent (910%) of the total cost of all such costs under paragraph III. E. 1. hereof. Tenant shall pay to Landlord within fifteen (15) days after being billed therefor, at any time and from time to time, the amount of such costs, expenses and charges for Tenant's ’s Extra WorkWork set forth in such xxxxxxxx, which amounts shall be treated as additional rent under the Lease.
Appears in 1 contract
Samples: Assumption and Attornment Agreement (Archipelago Holdings L L C)
TENANT’S EXTRA WORK. If Tenant desires that any work be performed in connection with the construction of the Improvements other than, 1. Landlord further agrees to approve or in addition to, the work described in the Preliminary Drawing (or the Final Plans and Specifications once completed and delivered to Tenant), as approved by Landlord and Tenant [such other work is hereinafter called "Tenant's Extra Work"], the following provisions shall be applicable:
(a) Tenant shallperform, at its sole cost and expenseTenant’s request, furnish to Landlord, Landlord's architect, Landlord's General Contractor, and any electrical and mechanical consultants engaged upon submission by Landlord (collectively, "Landlord's Consultants"), such information as may reasonably be necessary to cause Landlord's Consultants to prepare and submit to Landlord all necessary drawings, Tenant of acceptable plans and specifications covering the any additional or non-standard work over and above that specified in Paragraphs B, C and D hereof. Such “extra work” shall be performed by Landlord, at Tenant's Extra Work (such drawings’s sole expense, plans and specifications are hereinafter called "Tenant's Extra Work Plans")as a Tenant extra. Tenant shall pay the reasonable fees and expenses of Landlord's Consultants to prepare Tenant's Extra Work Plans within ten (10) business days of Landlord's delivery of the billing statement(s) therefor.
(b) Landlord agrees to construct the Tenant's Extra Work provided (a) the Tenant's Extra Work Plans are acceptable to Landlord in its sole discretion and approved in writing by it, and (b) Tenant has not defaulted under, or otherwise breached, the terms and provisions of this Lease.
(c) Prior to commencing any such work requested by Tenant's Extra Work, Landlord shall will submit to Tenant for Tenant's approval, a written estimate estimates of the cost of Tenant's Extra Work any such work. If Tenant shall fail to approve in writing any such estimate within five (5) working days the same shall be deemed disapproved in all respects by Tenant and any projected delay in the estimated Commencement Date resulting from the proposed Tenant's Extra Work (hereinafter called "Estimate"). Landlord shall not be authorized or obligated to proceed with Tenant's Extra Work until the Estimate is approved in writing by Tenantthereon. Tenant agrees to pay Landlord, promptly upon being billed therefor. Tenant agrees that the same shall have five (5) business days from Landlord's delivery be collectable as additional rent pursuant to the Lease and in default of the Estimate to advise Landlord of Tenant's approval or disapproval payment thereof. If Tenant fails to timely approve the Estimate, then Tenant shall automatically be deemed to have disapproved the Estimate and therefore, Landlord shall (in addition to all other remedies) have no obligation to perform Tenant's Extra Work. The cost incurred the same rights as in the performance event of default of payment of rent.
2. Tenant may, at its option, after occupancy of premises, employ its own subcontractors for finishing trades work, such as carpentry, millwork, cabinet work, carpeting and draperies as may be initially furnished and installed by Tenant in the demised premises, provided such subcontractors work in harmony with, and do not interfere with the labor employed by the Landlord, its contractors, and otherwise comply with the provisions of the Lease, and provided Tenant's Extra Work is due ’s subcontractors accept the administrative supervision of Landlord’s representatives.
3. Workmen’s Compensation, public liability insurance and payable property damage insurance, with a Hold Harmless provision, all in amounts and with companies reasonably satisfactory to Landlord within a reasonable period Landlord, shall be maintained by such finish trades subcontractors; certificates of time such insurance shall be furnished to Landlord, prior to such time as Landlord commencement of work, for review and approval.
4. No credit is obligated to pay its contractor intended nor shall be allowed for such any unused portion of work pursuant to its Construction Contract with such contractor (whether on a percentage of completion basis or otherwise)allowed by the Landlord.
5. If Tenant fails timely to make any payments for Tenant's Extra Work, Landlord may immediately cease to perform It is agreed that notwithstanding the Tenant's Extra Work and any delays date provided in the Commencement Date Lease for commencement thereof, Tenant’s obligation for the payment of rent under the Lease shall not commence until Landlord shall have substantially completed all work to be performed by Landlord as hereinbefore set forth in the Estimate shall nonetheless remain effective for all relevant purposes. For purposes hereofParagraphs B, Tenant's Extra Work C, and D hereof provided, however, that if Landlord shall be deemed delayed in substantially completing the work to also include be done by Landlord as a result of:
a. Tenant’s failure to furnish plans and specifications in accordance with Paragraph F hereof or approvals of cost estimates; or
b. Tenant’s request for materials, finishes or installations other than Landlord’s standard; or
c. Tenant’s changes in the following items: i) All subcontract costs said plans; or
d. The performance by a person, firm or corporation employed by Tenant and general conditions pertaining to the Tenant's Extra Work; and (ii) An overhead, profit and building supervision charge of nine percent (9%) completion of the total cost said work by the said person, firm, or corporation, then the commencement of Tenant's Extra Workthe term of said Lease, and the payment of rent thereunder shall accelerate by the number of days of such delay.
Appears in 1 contract
TENANT’S EXTRA WORK. If Tenant desires that any work be performed in connection with the construction of the Improvements other than, or in addition to, the work described in the Preliminary Drawing (or the Final Plans and Specifications once completed and delivered to Tenant)Working Drawings, as approved by Landlord and Tenant [(such other work is hereinafter called "“Tenant's ’s Extra Work"]”), the following provisions shall be applicable:
(a) 4.1 Tenant shall, at its sole cost and expense, furnish to Landlord, Landlord's ’s architect, Landlord's the General Contractor, and any electrical and mechanical consultants engaged by Landlord (collectively, "“Landlord's ’s Consultants"”), such information as may reasonably be necessary to cause Landlord's ’s Consultants to prepare and submit to Landlord all necessary drawings, plans and specifications covering the Tenant's ’s Extra Work (such drawings, plans and specifications are hereinafter called "“Tenant's ’s Extra Work Plans"”). Tenant shall pay the reasonable fees and expenses of Landlord's ’s Consultants to prepare Tenant's ’s Extra Work Plans within ten (10) 10 business days of Landlord's ’s delivery of the billing statement(s) therefor. Tenant, at its sole option, may use its TI Allowance to pay such amounts.
(b) 4.2 Landlord agrees to construct the Tenant's ’s Extra Work provided (ai) the Tenant's ’s Extra Work Plans are acceptable to Landlord Landlord, in its Landlord’s sole discretion discretion, and approved in writing by itLandlord, and (bii) Tenant has not defaulted under, or otherwise breached, the terms and provisions of this the Lease.
(c) 4.3 Prior to commencing any Tenant's ’s Extra Work, Landlord shall submit to Tenant for Tenant's ’s approval, a written estimate of the cost of Tenant's ’s Extra Work and any projected delay in the estimated Commencement Target Substantial Completion Date resulting from the proposed Tenant's ’s Extra Work (hereinafter called "the “Estimate"”). Landlord shall not be obligated to proceed with Tenant's ’s Extra Work until the Estimate is approved in writing by Tenant. Tenant shall have five (5) business days from Landlord's ’s delivery of the Estimate to advise Landlord of Tenant's ’s approval or disapproval thereof. If Tenant fails to timely approve the Estimate, then Tenant shall automatically be deemed to have disapproved the Estimate and therefore, Landlord shall have no obligation to perform Tenant's ’s Extra Work. The cost costs incurred in the performance of Tenant's ’s Extra Work is due and payable as Additional Project Costs pursuant to Section 5.2 of this Exhibit B; provided, however, Landlord may instead elect to require that Tenant pay the costs of Tenant’s Extra Work to Landlord within a reasonable period of time prior to such time as Landlord is obligated to pay its contractor the General Contractor for such work pursuant to its the Construction Contract with such contractor (whether on a percentage of completion basis or otherwise). If Landlord makes such election and Tenant fails timely to make any payments for Tenant's ’s Extra Work, Landlord may immediately cease to perform the Tenant's ’s Extra Work and any delays in the Commencement Target Substantial Completion Date set forth in the Estimate shall nonetheless remain effective for all relevant purposes. For purposes hereof, Tenant's ’s Extra Work shall be deemed to also include the following items: i) All subcontract costs and general conditions pertaining to the Tenant's Extra Work; and (ii) An cost of an overhead, profit and building supervision charge of nine five percent (95%) of the total cost of Tenant's ’s Extra Work.
Appears in 1 contract
Samples: Office Facility Lease (I Trax Inc)
TENANT’S EXTRA WORK. If Tenant desires that requests Landlord to do any work be performed in connection with the construction Premises other than the Landlord Work, or Tenant requests any modifications or changes to the Landlord Work after approval of the Improvements Working Drawings or Detailed Plans, and Landlord, in its sole discretion, approves of such other than, or work in addition to, the work described in the Preliminary Drawing writing (or the Final Plans and Specifications once completed and delivered to Tenant), as approved by Landlord and Tenant [such other work is hereinafter called "referred to as “Tenant's ’s Extra Work"]”), the following provisions terms, conditions, agreements, and procedures shall be applicable:
(a) A. Tenant shall, at its sole cost and expense, furnish to cause the Landlord’s architects, Landlord's architectdesigners, Landlord's General Contractor, consultants and any electrical and mechanical consultants engaged by Landlord contractors (collectively, "Landlord's the “Consultants"), such information as may reasonably be necessary to cause Landlord's Consultants ”) to prepare and submit to Landlord Landlord, on or before the date construction commences (the “Plans Due Date”), all necessary drawings, plans plans, and specifications covering the proposed Tenant's ’s Extra Work (such drawings, plans and specifications are hereinafter called "referred to as “Tenant's ’s Extra Work Plans"”). Tenant shall pay the reasonable fees and expenses of Landlord's Consultants to prepare Tenant's Extra Work Plans within ten (10) business days of Landlord's delivery of the billing statement(s) therefor.
(b) B. Landlord agrees to construct cause the Tenant's ’s Extra Work to be constructed, provided (a) the that Tenant's ’s Extra Work Plans plans are acceptable to Landlord in its sole discretion and approved in writing by itLandlord, that the timing of Tenant’s Extra Work must be coordinated with the scheduling of the original Landlord’s Work, and (b) that Tenant has not defaulted undercomplied with all applicable provisions, or otherwise breached, the terms and provisions conditions of this LeaseWork Letter.
(c) C. All such Tenant’s Extra Work shall be done at Tenant’s sole cost and expense. Prior to commencing any of Tenant's ’s Extra Work, Landlord shall submit to Tenant for Tenant's approval, ’s approval a written estimate of the cost of Tenant's Extra Work and any projected delay in the estimated Commencement Date resulting from the proposed Tenant's ’s Extra Work (hereinafter called "(“Estimate"”). If Tenant fails to approve any Estimate in writing within five (5) business days of its submission to Tenant, the Estimate shall be deemed disapproved and Landlord shall not be obligated to proceed with Tenant's ’s Extra Work until but Landlord may complete the construction of the Landlord Work. Landlord may require Tenant to deposit the amount of the Estimate is approved in writing by Tenant. Tenant shall have with Landlord within five (5) business days after Landlord’s written request therefor. Such deposit shall be held as security for the payment of, and shall be credited, without interest, against the sums payable by Tenant under this Work Letter.
D. If Tenant shall request any modifications, revisions, or changes to the Tenant’s Extra Work at any time and from Landlord's delivery time to time, it shall follow the same procedure herein prescribed for the initiation, approval and commencement of the Estimate Tenant’s Extra Work in each such case.
E. Tenant agrees to advise pay to Landlord of the following sums for Tenant's approval or disapproval thereof. If Tenant fails to timely approve the Estimate, then Tenant shall automatically be deemed to have disapproved the Estimate and therefore, Landlord shall have no obligation to perform Tenant's ’s Extra Work:
1. The cost incurred in the performance of All costs and expenses pertaining to Tenant's Extra Work is due and payable to Landlord within a reasonable period of time prior to such time as Landlord is obligated to pay its contractor for such work pursuant to its Construction Contract with such contractor (whether on a percentage of completion basis or otherwise). If Tenant fails timely to make any payments for Tenant's ’s Extra Work, Landlord may immediately cease to perform the Tenant's Extra Work subcontractors and any delays in the Commencement Date set forth in the Estimate shall nonetheless remain effective for all relevant purposes. For purposes hereof, Tenant's Extra Work shall be deemed to also include the following items: i) All subcontract general and other conditions costs and general conditions pertaining to the Tenant's Extra Work; and (ii) expenses, and
2. An overhead, profit and building supervision overhead charge of nine ten percent (9l0%) of the total cost of all such costs under Paragraph II.E.1 hereof. Tenant shall pay to Landlord within fifteen (15) business days after being billed therefor, at any time and from time to time, the amount of such costs, expenses and charges for Tenant's ’s Extra WorkWork set forth in such xxxxxxxx, which amounts shall be treated as additional rent under the Lease.
Appears in 1 contract
Samples: Assumption and Attornment Agreement (Archipelago Holdings L L C)
TENANT’S EXTRA WORK. If Tenant desires that requests Landlord to do any work be performed in connection with the construction Premises other than the Landlord Work, or Tenant requests any modifications or changes to the Landlord Work after approval of the Improvements Working Drawings or Detailed Plans, and Landlord, in its sole discretion, approves of such other than, or work in addition to, the work described in the Preliminary Drawing writing (or the Final Plans and Specifications once completed and delivered to Tenant), as approved by Landlord and Tenant [such other work is hereinafter called "referred to as ‘Tenant's ’s Extra Work"]”), the following provisions terms, conditions, agreements, and procedures shall be applicable:
(a) A. Tenant shall, at its sole cost and expense, furnish to cause the Landlord’s architects, Landlord's architectdesigners, Landlord's General Contractor, consultants and any electrical and mechanical consultants engaged by Landlord contractors (collectively, "Landlord's the “Consultants"), such information as may reasonably be necessary to cause Landlord's Consultants ”) to prepare and submit to Landlord Landlord, on or before the date construction commences (the “Plans Due Date”), all necessary drawings, plans plans, and specifications covering the proposed Tenant's ’s Extra Work (such drawings, plans and specifications are hereinafter called "referred to as “Tenant's ’s Extra Work Plans"”). Tenant shall pay the reasonable fees and expenses of Landlord's Consultants to prepare Tenant's Extra Work Plans within ten (10) business days of Landlord's delivery of the billing statement(s) therefor.
(b) B. Landlord agrees to construct cause the Tenant's ’s Extra Work to be constructed, provided (a) the that Tenant's ’s Extra Work Plans are acceptable to Landlord in its sole discretion and approved in writing by itLandlord, that the timing of Tenant’s Extra Work must be coordinated with the scheduling of the original Landlord’s Work, and (b) that Tenant has not defaulted undercomplied with all applicable provisions, or otherwise breached, the terms and provisions conditions of this LeaseWork Letter.
(c) C. All such Tenant’s Extra Work shall be done at Tenant’s sole cost and expense. Prior to commencing any of Tenant's ’s Extra Work, Landlord shall submit to Tenant for Tenant's approval, ’s approval a written estimate of the cost of Tenant's Extra Work and any projected delay in the estimated Commencement Date resulting from the proposed Tenant's ’s Extra Work (hereinafter called "(“Estimate"”). If Tenant fails to approve any Estimate in writing within five (5) business days of its submission to Tenant, the Estimate shall be deemed disapproved and Landlord shall not be obligated to proceed with Tenant's ’s Extra Work until but Landlord may complete the construction of the Landlord Work. Landlord may require Tenant to deposit the amount of the Estimate is approved in writing by Tenant. Tenant shall have with Landlord within five (5) business days after Landlord’s written request therefor. Such deposit shall be held as security for the payment of, and shall be credited, without interest, against the sums payable by Tenant under this Work Letter.
D. If Tenant shall request any modifications, revisions, or changes to the Tenant’s Extra Work at any time and from Landlord's delivery time to time, it shall follow the same procedure herein prescribed for the initiation, approval and commencement of the Estimate Tenant’s Extra Work in each such case.
E. Tenant agrees to advise pay to Landlord of the following sums for Tenant's approval or disapproval thereof. If Tenant fails to timely approve the Estimate, then Tenant shall automatically be deemed to have disapproved the Estimate and therefore, Landlord shall have no obligation to perform Tenant's ’s Extra Work:
1. The cost incurred in the performance of All costs and expenses pertaining to Tenant's Extra Work is due and payable to Landlord within a reasonable period of time prior to such time as Landlord is obligated to pay its contractor for such work pursuant to its Construction Contract with such contractor (whether on a percentage of completion basis or otherwise). If Tenant fails timely to make any payments for Tenant's ’s Extra Work, Landlord may immediately cease to perform the Tenant's Extra Work subcontractors and any delays in the Commencement Date set forth in the Estimate shall nonetheless remain effective for all relevant purposes. For purposes hereof, Tenant's Extra Work shall be deemed to also include the following items: i) All subcontract general and other conditions costs and general conditions pertaining to the Tenant's Extra Work; and (ii) expenses, and
2. An overhead, profit and building supervision overhead charge of nine ten percent (910%) of the total cost of all such costs under Paragraph II. E. 1. hereof. Tenant shall pay to Landlord within fifteen (15) business days after being billed therefor, at any time and from time to time, the amount of such costs, expenses and charges for Tenant's ’s Extra WorkWork set forth in such xxxxxxxx, which amounts shall be treated as additional rent under the Lease.
Appears in 1 contract
Samples: Assumption and Attornment Agreement (Archipelago Holdings L L C)
TENANT’S EXTRA WORK. If Tenant desires that requests Landlord to do any work be performed in connection with the construction Premises other than the Landlord Work, or Tenant requests any modifications or changes to the Landlord Work after approval of the Improvements Working Drawings or Detailed Plans, and Landlord, in its sole discretion, approves of such other than, or work in addition to, the work described in the Preliminary Drawing writing (or the Final Plans and Specifications once completed and delivered to Tenant), as approved by Landlord and Tenant [such other work is hereinafter called "referred to as “Tenant's ’s Extra Work"]”), the following provisions terms, conditions, agreements, and procedures shall be applicable:
(a) A. Tenant shall, at its sole cost and expense, furnish to cause the Landlord’s architects, Landlord's architectdesigners, Landlord's General Contractor, consultants and any electrical and mechanical consultants engaged by Landlord contractors (collectively, "Landlord's the “Consultants"), such information as may reasonably be necessary to cause Landlord's Consultants ”) to prepare and submit to Landlord Landlord, on or before the date construction commences (the “Plans Due Date”), all necessary drawings, plans plans, and specifications covering the proposed Tenant's ’s Extra Work (such drawings, plans and specifications are hereinafter called "referred to as “Tenant's ’s Extra Work Plans"”). Tenant shall pay the reasonable fees and expenses of Landlord's Consultants to prepare Tenant's Extra Work Plans within ten (10) business days of Landlord's delivery of the billing statement(s) therefor.
(b) B. Landlord agrees to construct cause the Tenant's ’s Extra Work to be constructed, provided (a) the that Tenant's ’s Extra Work Plans are acceptable to Landlord in its sole discretion and approved in writing by itLandlord, that the timing of Tenant’s Extra Work must be coordinated with the scheduling of the original Landlord’s Work, and (b) that Tenant has not defaulted undercomplied with all applicable provisions, or otherwise breached, the terms and provisions conditions of this LeaseWork Letter.
(c) C. All such Tenant’s Extra Work shall be done at Tenant’s sole cost and expense. Prior to commencing any of Tenant's ’s Extra Work, Landlord shall submit to Tenant for Tenant's approval, ’s approval a written estimate of the cost of Tenant's Extra Work and any projected delay in the estimated Commencement Date resulting from the proposed Tenant's ’s Extra Work (hereinafter called "(“Estimate"”). If Tenant fails to approve any Estimate in writing within five (5) business days of its submission to Tenant, the Estimate shall be deemed disapproved and Landlord shall not be obligated to proceed with Tenant's ’s Extra Work until but Landlord may complete the construction of the Landlord Work. Landlord may require Tenant to deposit the amount of the Estimate is approved in writing by Tenant. Tenant shall have with Landlord within five (5) business days after Landlord’s written request therefor. Such deposit shall be held as security for the payment of, and shall be credited, without interest, against the sums payable by Tenant under this Work Letter.
D. If Tenant shall request any modifications, revisions, or changes to the Tenant’s Extra Work at any time and from Landlord's delivery time to time, it shall follow the same procedure herein prescribed for the initiation, approval and commencement of the Estimate Tenant’s Extra Work in each such case.
E. Tenant agrees to advise pay to Landlord of the following sums for Tenant's approval or disapproval thereof. If Tenant fails to timely approve the Estimate, then Tenant shall automatically be deemed to have disapproved the Estimate and therefore, Landlord shall have no obligation to perform Tenant's ’s Extra Work:
1. The cost incurred in the performance of All costs and expenses pertaining to Tenant's Extra Work is due and payable to Landlord within a reasonable period of time prior to such time as Landlord is obligated to pay its contractor for such work pursuant to its Construction Contract with such contractor (whether on a percentage of completion basis or otherwise). If Tenant fails timely to make any payments for Tenant's ’s Extra Work, Landlord may immediately cease to perform the Tenant's Extra Work subcontractors and any delays in the Commencement Date set forth in the Estimate shall nonetheless remain effective for all relevant purposes. For purposes hereof, Tenant's Extra Work shall be deemed to also include the following items: i) All subcontract general and other conditions costs and general conditions pertaining to the Tenant's Extra Work; and (ii) expenses, and
2. An overhead, profit and building supervision overhead charge of nine ten percent (910%) of the total cost of all such costs under Paragraph II. E. 1. hereof. Tenant shall pay to Landlord within fifteen (15) business days after being billed therefor, at any time and from time to time, the amount of such costs, expenses and charges for Tenant's ’s Extra WorkWork set forth in such xxxxxxxx, which amounts shall be treated as additional rent under the Lease.
Appears in 1 contract
Samples: Assumption and Attornment Agreement (Archipelago Holdings L L C)