Tenant’s Initial Plans; the Work. Tenant desires Landlord to perform certain Tenant Improvements in the Premises. The Tenant Improvements shall be in substantial accordance with the plan(s) and scope of work (collectively, the "Initial Plans") which will be prepared by Legacy Partners CDS, Inc. after the parties meet and confer to agree upon a scope of work immediately after execution of this Lease. Within fifteen (15) business days from the date Landlord and Tenant meet to discuss the scope of work, Landlord shall deliver to Tenant the Initial Plans. A copy of the Initial Plans shall be attached hereto as Schedule 1, as soon as practicable thereafter. Such work, as shown in the Initial Plans and as more fully detailed in the Approved Final Drawings (as defined and described in Section 4 below), shall be hereinafter referred to as the "Work". Not later than five (5) days after the Initial Plans are prepared and delivered to Tenant, Tenant or Tenant's Representatives shall furnish to Landlord such additional plans, drawings, specifications and finish details as Landlord may reasonably request to enable Landlord's architects and engineers, as applicable, to prepare mechanical, electrical and plumbing plans and to prepare the Final Drawings, including, but not limited to, a final telephone layout and special electrical connections, if any. All plans, drawings, specifications and other details describing the Work which have been, or are hereafter, furnished by or on behalf of Tenant shall be subject to Landlord's approval, which approval shall not be unreasonably withheld. Landlord shall not be deemed to have acted unreasonably if it withholds its approval of any plans, specifications, drawings or other details or of any Change Request (hereafter defined in Section 11 below) because, in Landlord's reasonable opinion, the work as described in any such item, or any Change Request, as the case may be: (a) is likely to adversely affect Building systems, the structure of the Building or the safety of the Building or its occupants; (b) might impair Landlord's ability to furnish services to Tenant or other tenants in the Building; (c) would increase the cost of operating the Building or the Park; (d) would violate any applicable governmental, administrative body's or agencies' laws, rules, regulations, ordinances, codes or similar requirements (or interpretations thereof); (e) contains or uses Hazardous Materials; (f) would adversely affect the appearance of the Building or the Park; (g) might adversely affect another tenant's premises or such other tenant's use and enjoyment of such premises; (h) is prohibited by any ground lease affecting the Building, the Lot and/or the Park, any Recorded Matters or any mortgage, trust deed or other instrument encumbering the Building, the Lot and/or the Park; (i) is likely to be substantially delayed because of unavailability or shortage of labor or materials necessary to perform such work or the difficulties or unusual nature of such work; (j) is not, at a minimum, in accordance with Landlord's Building Standards (defined below); or (k) would increase the Tenant Improvement Costs (defined in Section 9 below) by more than ten percent (10%) from the cost originally estimated and anticipated by the parties. The foregoing reasons, however, shall not be the only reasons for which Landlord may withhold its approval, whether or not such other reasons are similar or dissimilar to the foregoing. Neither the approval by Landlord of the Work or the Initial Plans or any other plans, specifications, drawings or other items associated with the Work nor Landlord's performance, supervision or monitoring of the Work shall constitute any warranty or covenant by Landlord to Tenant of the adequacy of the design for Tenant's intended use of the Premises. Tenant agrees to, and does hereby, assume full and complete responsibility to ensure that the Work and the Approved Final Drawings are adequate to fully meet the needs and requirements of Tenant's intended operations of its business within the Premises and Tenant's use of the Premises.
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Samples: Lease Agreement (Abaxis Inc), Lease Agreement (Abaxis Inc)
Tenant’s Initial Plans; the Work. Tenant desires Landlord to perform certain Tenant Improvements leasehold improvements in the Premises. The Tenant Improvements shall be Premises in substantial accordance with the plan(s) and scope of work Schedule 2-1 (collectively, the "Initial PlansPlan") which will be prepared by Legacy Partners CDS, Inc. after the parties meet and confer to agree upon a scope of work immediately after execution of this Lease. Within fifteen (15) business days from the date Landlord and Tenant meet to discuss the scope of work, Landlord shall deliver to Tenant the Initial Plans. A copy of the Initial Plans shall be attached hereto as Schedule 1, as soon as practicable thereafter). Such work, as shown in described on the Initial Plans Plan and as shall be more fully detailed in the Approved Final Working Drawings (as defined and described in Section 4 Paragraph 2 below), shall be hereinafter referred to as the "Work". Not later than five (5) days after In connection with the Initial Plans are prepared and delivered to Tenantforegoing, upon Landlord's request, Tenant or Tenant's Representatives shall promptly furnish to Landlord such additional plans, drawings, specifications and finish details as Landlord may reasonably request to enable Landlord's architects and engineers, as applicable, engineers to prepare mechanical, electrical and plumbing plans and to prepare the Final Working Drawings, including, but not limited to, including a final telephone layout and special electrical connectionsconnection requirements, if any. All plans, drawings, specifications and other details describing the Work which have been, been or are hereafter, hereafter furnished by or on behalf of Tenant shall be subject to Landlord's approval, which approval Landlord agrees shall not be unreasonably withheld. Landlord shall not be deemed to have acted unreasonably if it withholds its approval of any plans, specifications, drawings or other details or of any Change Request Additional Work (hereafter as defined in Section 11 Paragraph 7 below) because, in Landlord's reasonable opinion, the work work, as described in any such item, or any Change Requestof the Additional Work, as the case may be: (a) is likely to adversely affect Building systems, the structure of the Building or the safety of the Building or and/or its occupants; (b) might impair Landlord's ability to furnish services to Tenant or other tenants in the Building; (c) would increase the cost of operating the Building or the ParkBuilding; (d) would violate any applicable governmental, administrative body's or agencies' governmental laws, rules, regulations, ordinances, codes rules or similar requirements ordinances (or interpretations thereof); (e) contains or uses Hazardous Materialshazardous or toxic materials or substances; (f) would adversely affect the appearance of the Building or the ParkBuilding; (g) might adversely affect another tenant's premises or such other tenant's use and enjoyment of such premises; (h) is prohibited by any ground lease affecting the Building, the Lot and/or the Park, any Recorded Matters Building or any mortgage, trust deed or other instrument encumbering the Building, the Lot and/or the Park; or (i) is likely to be substantially delayed because of unavailability or shortage of labor or materials necessary to perform such work or the difficulties or unusual nature of such work; (j) is not, at a minimum, in accordance with Landlord's Building Standards (defined below); or (k) would increase the Tenant Improvement Costs (defined in Section 9 below) by more than ten percent (10%) from the cost originally estimated and anticipated by the parties. The foregoing reasons, however, shall not be the only reasons for which Landlord may withhold its approval, whether or not such other reasons are similar or dissimilar to the foregoing. Neither the approval by Landlord of the Work or the Initial Plans Plan or any other plans, specificationsdrawings, drawings specifications or other items associated with the Work nor Landlord's performance, supervision or monitoring of the Work shall constitute any warranty or covenant by Landlord to Tenant of the adequacy of the design for Tenant's Tenant intended use of the Premises. Tenant agrees to, and does hereby, assume full and complete responsibility to ensure that the Work and the Approved Final Drawings are adequate to fully meet the needs and requirements of Tenant's intended operations of its business within the Premises and Tenant's use of the Premises.
Appears in 1 contract
Samples: Lease Agreement (Fusion Telecommunications International Inc)
Tenant’s Initial Plans; the Work. Tenant desires Landlord to perform -------------------------------- certain Tenant Improvements in the Premises. The Tenant Improvements shall be in substantial accordance with the plan(s) and scope of work (collectively, the "Initial Plans") which will be prepared by Legacy Partners CDSC.D.S., Inc. after the parties meet and confer to agree upon a scope of work immediately after execution of this Lease. Within fifteen (15) business days from the date Landlord and Tenant meet to discuss the scope of work, Landlord shall deliver to Tenant the Initial Plans. A copy of the Initial Plans shall be attached hereto as Schedule 1, as soon as practicable thereafter. Such work, as shown in the ---------- Initial Plans and as more fully detailed in the Approved Final Drawings (as defined and described in Section 4 below), shall be hereinafter referred to as the "Work". Not later than five (5) days after the Initial Plans are prepared and delivered to Tenant, Tenant or Tenant's Representatives shall furnish to Landlord such additional plans, drawings, specifications and finish details as Landlord may reasonably request to enable Landlord's architects and engineers, as applicable, to prepare mechanical, electrical and plumbing plans and to prepare the Final Drawings, including, but not limited to, a final telephone layout and special electrical connections, if any. All plans, drawings, specifications and other details describing the Work which have been, or are hereafter, furnished by or on behalf of Tenant shall be subject to Landlord's approval, which approval shall not be unreasonably withheld. Landlord shall not be deemed to have acted unreasonably if it withholds its approval of any plans, specifications, drawings or other details or of any Change Request (hereafter defined in Section 11 below) because, in Landlord's reasonable opinion, the work as described in any such item, or any Change Request, as the case may be: be (a) is likely to adversely affect Building systems, the structure of the Building or the safety of the Building or its occupants; (b) might impair Landlord's ability to furnish services to Tenant or other tenants in the Building; (c) would increase the cost of operating the Building or the Park; (d) would violate any applicable governmental, administrative body's or agencies' laws, rules, regulations, ordinances, codes or similar requirements (or interpretations thereof); (e) contains or uses Hazardous Materials; (f) would adversely affect the appearance of the Building or the Park; (g) might adversely affect another tenant's premises or such other tenant's use and enjoyment of such premises; (h) is prohibited by any ground lease affecting the Building, the Lot and/or the Park, any Recorded Matters or any mortgage, trust deed or other instrument encumbering the Building, the Lot and/or the Park; (i) is likely to be substantially delayed because of unavailability or shortage of labor or materials necessary to perform such work or the difficulties or unusual nature of such work; (j) is not, at a minimum, in accordance with Landlord's Building Standards (defined below); or (k) would increase the Tenant Improvement Costs (defined in Section 9 below) by more than ten percent (10%) from the cost originally estimated and anticipated by the parties. The foregoing reasons, however, shall not be the only reasons for which Landlord may withhold its approval, whether or not such other reasons are similar or dissimilar to the foregoing. Neither the approval by Landlord of the Work or the Initial Plans or any other plans, specifications, drawings or other items associated with the Work nor Landlord's performance, supervision or monitoring of the Work shall constitute any warranty or covenant by Landlord to Tenant of the adequacy of the design for Tenant's intended use of the Premises. Tenant agrees to, and does hereby, assume full and complete responsibility to ensure that the Work and the Approved Final Drawings are adequate to fully meet the needs and requirements of Tenant's intended operations of its business within the Premises and Tenant's use of the Premises.
Appears in 1 contract
Tenant’s Initial Plans; the Work. Tenant desires Landlord to perform certain Tenant Improvements in the Premises. The Tenant Improvements shall be in substantial accordance with the plan(s) and scope of work (collectively, the "“Initial Plans"”) which will be prepared by Legacy Partners CDS, Inc. after the parties meet and confer to agree upon a scope of work immediately after execution of this Lease. Within fifteen (15) business days from the date Landlord and Tenant meet to discuss the scope of work, Landlord shall deliver to Tenant the Initial Plans. A copy of the Initial Plans shall be attached hereto as Schedule 1, as soon as practicable thereafter. Such work, as shown in the Initial Plans and as more fully detailed in the Approved Final Drawings (as defined and described in Section 4 below), shall be hereinafter referred to as the "“Work"”. Not later than five (5) business days after the Initial Plans are prepared and delivered to Tenant, Tenant or Tenant's ’s Representatives shall furnish to Landlord such additional plans, drawings, specifications and finish details as Landlord may reasonably request to enable Landlord's ’s architects and engineers, as applicable, to prepare mechanical, electrical and plumbing plans and to prepare the Final Drawings, including, but not limited to, a final telephone layout and special electrical connections, if any. All plans, drawings, specifications and other details describing the Work which have been, or are hereafter, furnished by or on behalf of Tenant shall be subject to Landlord's ’s approval, which approval shall not be unreasonably withheld. Landlord shall not be deemed to have acted unreasonably if it withholds its approval of any plans, specifications, drawings or other details or of any Change Request (hereafter defined in Section 11 below) because, in Landlord's ’s reasonable opinion, the work as described in any such item, or any Change Request, as the case may be: (a) is likely to adversely affect Building systems, the structure of the Building or the safety of the Building or its occupants; (b) might impair Landlord's ’s ability to furnish services to Tenant or other tenants in the BuildingTenant; (c) would increase the cost of operating the Building or Building, with the Parkexception of electrical utilities; (d) would violate any applicable governmental, administrative body's ’s or agencies' ’ laws, rules, regulations, ordinances, codes or similar requirements (or interpretations thereof); (e) contains or uses Hazardous Materials; (f) would adversely affect the appearance of the Building or the ParkBuilding; (g) might adversely affect another tenant's premises or such other tenant's use and enjoyment of such premises; (h) is prohibited by any ground lease affecting the Building, the Lot Building and/or the ParkLot, any Recorded Matters or any mortgage, trust deed or other instrument encumbering the Building, the Lot Building and/or the ParkLot; (ih) is likely to be substantially delayed because of unavailability or shortage of labor or materials necessary to perform such work or the difficulties or unusual nature of such work; (ji) is not, at a minimum, in accordance with Landlord's ’s Building Standards (defined below); or (kj) would increase the Tenant Improvement Costs (defined in Section 9 below) by more than ten percent (10%) from the cost originally estimated and anticipated by the partiesparties unless Tenant is willing to pay for such increased costs. The foregoing reasons, however, shall not be the only reasons for which Landlord may withhold its approval, whether or not such other reasons are similar or dissimilar to the foregoing. Neither the approval by Landlord of the Work or the Initial Plans or any other plans, specifications, drawings or other items associated with the Work nor Landlord's ’s performance, supervision or monitoring of the Work shall constitute any warranty or covenant by Landlord to Tenant of the adequacy of the design for Tenant's ’s intended use of the Premises. Tenant agrees to, and does hereby, assume full and complete responsibility to ensure that the Work and the Approved Final Drawings are adequate to fully meet the needs and requirements of Tenant's ’s intended operations of its business within the Premises and Tenant's ’s use of the Premises.
Appears in 1 contract
Tenant’s Initial Plans; the Work. Tenant desires Landlord to perform certain Tenant Improvements leasehold improvement work in the Premises. The Tenant Improvements shall be Premises in substantial accordance with the plan(s) and scope of work plan or plans (collectively, the "Initial PlansPlan") which will to be prepared by Legacy Partners CDS, Inc. after the parties meet and confer to agree upon a scope of work immediately after execution of this Lease. Within fifteen (15) business days from the date Landlord and Tenant meet to discuss the scope of work, Landlord shall deliver to Tenant the Initial Plans. A copy of the Initial Plans shall be attached hereto as Schedule 1, as soon as practicable thereafter. Such work, as shown in the Initial Plans Plan and as more fully detailed in the Approved Final Working Drawings (as defined and described in Section 4 Paragraph 2 below), shall be hereinafter referred to as the "Work". Not later than five (5) days after the Initial Plans are prepared and delivered to TenantAugust 15, 1998, Tenant or Tenant's Representatives shall furnish to Landlord such additional plans, drawings, specifications and finish details as Landlord may reasonably request to enable Landlord's architects and engineers, as applicable, engineers to prepare mechanical, electrical and plumbing plans and to prepare the Final Working Drawings, including, but not limited to, including a final telephone layout and special electrical connectionsconnection requirements, if any. All plans, drawings, specifications and other details describing the Work which have been, been or are hereafter, hereafter furnished by or on behalf of Tenant shall be subject to Landlord's approval, which approval Landlord agrees shall not be unreasonably withheld. Landlord shall not be deemed to have acted unreasonably if it withholds its approval of any plans, specifications, drawings or other details or of any Change Request Additional Work (hereafter as defined in Section 11 Paragraph 7 below) because, in Landlord's reasonable opinion, the work work, as described in any such item, or any Change Requestthe Additional Work, as the case may be: (a) is likely to adversely affect Building systems, the structure of the Building or the safety of the Building or and/or its occupants; (b) might impair Landlord's ability to furnish services to Tenant or other tenants in the Building; (c) would increase the cost of operating the Building or the ParkBuilding; (d) would violate any applicable governmental, administrative body's or agencies' governmental laws, rules, regulations, ordinances, codes rules or similar requirements ordinances (or interpretations thereof); (e) contains or uses Hazardous Materialshazardous or toxic materials or substances; (f) would adversely affect the appearance of the Building or the ParkBuilding; (g) might adversely affect another tenant's premises or such other tenant's use and enjoyment of such premises; (h) is prohibited by any ground lease affecting the Building, the Lot and/or the Park, any Recorded Matters Building or any mortgage, trust deed or other instrument encumbering the Building, the Lot and/or the Park; or (i) is likely to be substantially delayed because of unavailability or shortage of labor or materials necessary to perform such work or the difficulties or unusual nature of such work; (j) is not, at a minimum, in accordance with Landlord's Building Standards (defined below); or (k) would increase the Tenant Improvement Costs (defined in Section 9 below) by more than ten percent (10%) from the cost originally estimated and anticipated by the parties. The foregoing reasons, however, shall not be the only reasons for which Landlord may withhold its approval, whether or not such other reasons are similar or dissimilar to the foregoing. Neither the approval by Landlord of the Work or the Initial Plans Plan or any other plans, specificationsdrawings, drawings specifications or other items associated with the Work nor Landlord's performance, supervision or monitoring of the Work shall constitute any warranty or covenant by Landlord to Tenant of the adequacy of the design for Tenant's intended use of the Premises. Tenant agrees to, and does hereby, assume full and complete responsibility Landlord shall be entitled to ensure that a payment of 5% of the Work and cost associated with the Approved Final Drawings are adequate to fully meet the needs and requirements completion of Tenant's intended operations buildout, which cost shall include architectural and engineering and similar fees and all costs associated with the construction of its business within the Premises space as charged by the general contractor selected to perform the work. This payment is for the coordination and day to day supervision performed by Landlord's staff in completing Tenant's use buildout. This payment will be part of the PremisesTenant Allowance package.
Appears in 1 contract
Tenant’s Initial Plans; the Work. Tenant desires Landlord to perform certain Tenant Improvements in the Premises. The Tenant Improvements shall be Premises in substantial accordance with the plan(s) and or scope of work (collectively, the "“Initial Plans"”) which will be prepared by Legacy Partners CDSC.D.S., Inc. after the parties meet dated December 5, 2003, and confer to agree upon last revised May 15, 2004, a scope of work immediately after execution of this Lease. Within fifteen (15) business days from the date Landlord and Tenant meet to discuss the scope of work, Landlord shall deliver to Tenant the Initial Plans. A copy of the Initial Plans shall be which is attached hereto as Schedule 1, as soon as practicable thereafterand made a part hereof. Such work, as shown in the Initial Plans and as more fully detailed in the Approved Final Drawings (as defined and described in Section 4 below), shall be hereinafter referred to as the "“Work"”. Not later than five (5) days after the Initial Plans are prepared and delivered to TenantJune 25, 2004, Tenant or and/or Tenant's ’s Representatives shall furnish to Landlord such additional plans, drawings, specifications and finish details as Landlord may reasonably request to enable Landlord's ’s architects and engineers, as applicable, to prepare mechanical, electrical and plumbing plans and to prepare the Final Drawings, including, but not limited to, a final telephone layout and special electrical connections, if any. All plans, drawings, specifications and other details describing the Work which have been, or are hereafter, furnished by or on behalf of Tenant shall be subject to Landlord's ’s approval, which approval shall not be unreasonably withheld. Landlord shall not be deemed to have acted unreasonably if it withholds its approval of any plans, specifications, drawings or other details or of any Change Request (hereafter defined in Section 11 below) because, in Landlord's ’s reasonable opinion, the work as described in any such item, or any Change Request, as the case may be: (a) is likely to adversely affect Building systems, the structure of the Building or the safety of the Building or and/or its occupants; (b) might impair Landlord's ’s ability to furnish services to Tenant or other tenants in the Building; (c) would increase the cost of operating the Building or the Park; (d) would violate any applicable governmental, administrative body's ’s or agencies' ’ laws, rules, regulations, ordinances, codes or similar requirements (or interpretations thereof); (e) contains or uses Hazardous Materials; (f) would adversely affect the appearance of the Building or the Park; (g) might adversely affect another tenant's ’s premises or such other tenant's ’s use and enjoyment of such premises; (h) is prohibited by any ground lease affecting the Building, the Lot and/or the Park, any Recorded Matters or any mortgage, trust deed or other instrument encumbering the Building, the Lot and/or the Park; (i) is Is likely to be substantially delayed because of unavailability or shortage of labor or materials necessary to perform such work or the difficulties or unusual nature of such work; or (jj ) is not, at a minimum, in accordance with Landlord's ’s Building Standards (defined below); or (k) would increase the Tenant Improvement Costs (defined in Section 9 below) by more than ten percent (10%) from the cost originally estimated and anticipated by the parties. The foregoing reasons, however, shall not be the only reasons for which Landlord may withhold its approval, whether or not such other reasons are similar or dissimilar to the foregoing. Neither the approval by Landlord of the Work or the Initial Plans or any other plans, specifications, drawings or other items associated with the Work nor Landlord's ’s performance, supervision or monitoring of the Work shall constitute any warranty or covenant by Landlord to Tenant of the adequacy of the design for Tenant's ’s intended use of the Premises. Tenant agrees to, and does hereby, assume full and complete responsibility to ensure that the Work and the Approved Final Drawings are adequate to fully meet the needs and requirements of Tenant's ’s intended operations of its business within the Premises and Tenant's ’s use of the Premises.
Appears in 1 contract
Tenant’s Initial Plans; the Work. Tenant desires Landlord to perform certain Tenant Improvements in the Premises. The Tenant Improvements shall be Premises in substantial accordance with the plan(s) and or scope of work (collectively, the "“Initial Plans"”) which will be prepared by Legacy Partners CDS, Inc. after the parties meet and confer to agree upon dated March 10, 2006, a scope of work immediately after execution of this Lease. Within fifteen (15) business days from the date Landlord and Tenant meet to discuss the scope of work, Landlord shall deliver to Tenant the Initial Plans. A copy of the Initial Plans shall be which is attached hereto as Schedule 1, as soon as practicable thereafterand made a part hereof. Such work, as shown in the Initial Plans and as more fully detailed in the Approved Final Drawings (as defined and described in Section 4 below), shall be hereinafter referred to as the "“Work"”. Not later than five ten (510) days after following the Initial Plans are prepared and delivered to TenantLease Date, Tenant or and/or Tenant's ’s Representatives shall furnish to Landlord such additional plans, drawings, specifications and finish details as Landlord may reasonably request to enable Landlord's ’s architects and engineers, as applicable, to prepare mechanical, electrical and plumbing plans and to prepare the Final Drawings, including, but not limited to, a final telephone layout and special electrical connections, if any. All plans, drawings, specifications and other details describing the Work which have been, or are hereafter, furnished by or on behalf of Tenant shall be subject to Landlord's ’s approval, which approval shall not be unreasonably withheld, conditioned or delayed. Landlord shall not be deemed to have acted unreasonably if it withholds its approval of any plans, specifications, drawings or other details or of any Change Request (hereafter defined in Section 11 below) because, in Landlord's ’s reasonable opinion, the work as described in any such item, or any Change Request, as the case may be: (a) is likely to adversely affect Building systems, the structure of the Building or the safety of the Building or and/or its occupants; (b) might impair Landlord's ’s ability to furnish services to Tenant or other tenants in the BuildingPark; (c) would increase the cost of operating the Building or the Park; (d) would violate any applicable governmental, administrative body's ’s or agencies' ’ laws, rules, regulations, ordinances, codes or similar requirements (or interpretations thereof); (e) contains or uses Hazardous Materials; (f) would adversely affect the appearance of the Building or the Park; (g) might adversely affect another tenant's premises or such other tenant's use and enjoyment of such premises; (h) is prohibited by any ground lease affecting the Building, the Lot and/or the Park, any Recorded Matters or any mortgage, trust deed or other instrument encumbering the Building, the Lot and/or the Park; (i) is likely to be substantially delayed because of unavailability or shortage of labor or materials necessary to perform such work or the difficulties or unusual nature of such work; (j) is not, at a minimum, in accordance with Landlord's Building Standards (defined below); or (k) would increase the Tenant Improvement Costs (defined in Section 9 below) by more than ten percent (10%) from the cost originally estimated and anticipated by the parties. The foregoing reasons, however, shall not be the only reasons for which Landlord may withhold its approval, whether or not such other reasons are similar or dissimilar to the foregoing. Neither the approval by Landlord of the Work or the Initial Plans or any other plans, specifications, drawings or other items associated with the Work nor Landlord's performance, supervision or monitoring of the Work shall constitute any warranty or covenant by Landlord to Tenant of the adequacy of the design for Tenant's intended use of the Premises. Tenant agrees to, and does hereby, assume full and complete responsibility to ensure that the Work and the Approved Final Drawings are adequate to fully meet the needs and requirements of Tenant's intended operations of its business within the Premises and Tenant's use of the Premises.;
Appears in 1 contract
Samples: Lease Agreement (GigOptix, Inc.)
Tenant’s Initial Plans; the Work. Tenant desires Landlord to perform certain Tenant Improvements leasehold improvement work in the Premises. The Tenant Improvements shall be Premises in substantial accordance with the plan(s) and scope of work plan or plans (collectively, the "Initial PlansPlan") which will be prepared by Legacy Partners CDS, Inc. after the parties meet and confer to agree upon a scope of work immediately after execution of this Lease. Within fifteen (15) business days from the date Landlord and Tenant meet to discuss the scope of work, Landlord shall deliver to Tenant the Initial Plans. A copy of the Initial Plans shall be if not attached hereto as Schedule 1, as soon as practicable thereafterboth Landlord and Tenant shall make a good faith effort to have a mutually acceptable Initial Plan drawn within fifteen (15) days hereof, and will then be made an attachment to the Lease. Such work, as shown in the Initial Plans Plan and as more fully detailed in the Approved Final Working Drawings (as defined and described in Section 4 Paragraph 2 below), shall be hereinafter referred to as the "Work". Not later than five (5) days after the Initial Plans are prepared and delivered to TenantSeptember 15, 1999, Tenant or Tenant's Representatives shall furnish to Landlord such additional plans, drawings, specifications and finish details as Landlord may reasonably request to enable Landlord's architects and engineers, as applicable, engineers to prepare mechanical, electrical and plumbing plans and to prepare the Final Working Drawings, including, but not limited to, including a final telephone layout and special electrical connectionsconnection requirements, if any. All plans, drawings, specifications and other details describing the Work which have been, been or are hereafter, hereafter furnished by or on behalf of Tenant shall be subject to Landlord's approval, which approval Landlord agrees shall not be unreasonably withheld. Landlord shall not be deemed to have acted unreasonably if it withholds its approval of any plans, specifications, drawings or other details or of any Change Request Additional Work (hereafter as defined in Section 11 Paragraph 7 below) because, in Landlord's reasonable opinion, the work work, as described in any such item, or any Change Requestthe Additional Work, as the case may be: (a) is likely to adversely affect Building systems, the structure of the Building or the safety of the Building or and/or its occupants; (b) might impair Landlord's ability to furnish services to Tenant or other tenants in the Building; (c) would increase the cost of operating the Building or the ParkBuilding; (d) would violate any applicable governmental, administrative body's or agencies' governmental laws, rules, regulations, ordinances, codes rules or similar requirements ordinances (or interpretations thereof); (e) contains or uses Hazardous Materialshazardous or toxic materials or substances; (f) would adversely affect the appearance of the Building or the ParkBuilding; (g) might adversely affect another tenant's premises or such other tenant's use and enjoyment of such premises; (h) is prohibited by any ground lease affecting the Building, the Lot and/or the Park, any Recorded Matters Building or any mortgage, trust deed or other instrument encumbering the Building, the Lot and/or the Park; or (i) is likely to be substantially delayed because of unavailability or shortage of labor or materials necessary to perform such work or the difficulties or unusual nature of such work; (j) is not, at a minimum, in accordance with Landlord's Building Standards (defined below); or (k) would increase the Tenant Improvement Costs (defined in Section 9 below) by more than ten percent (10%) from the cost originally estimated and anticipated by the parties. The foregoing reasons, however, shall not be the only reasons for which Landlord may withhold its approval, whether or not such other reasons are similar or dissimilar to the foregoing. Neither the approval by Landlord of the Work or the Initial Plans Plan or any other plans, specificationsdrawings, drawings specifications or other items associated with the Work nor Landlord's performance, supervision or monitoring of the Work shall constitute any warranty or covenant by Landlord to Tenant of the adequacy of the design for Tenant's intended use of the Premises. Tenant agrees to, and does hereby, assume full and complete responsibility to ensure that the Work and the Approved Final Drawings are adequate to fully meet the needs and requirements of Tenant's intended operations of its business within the Premises and Tenant's use of the Premises.
Appears in 1 contract
Samples: Office Lease (Chemconnect Inc)
Tenant’s Initial Plans; the Work. Tenant desires Landlord to perform certain Tenant Improvements leasehold improvement work in the Premises. The Tenant Improvements shall be Premises in substantial accordance with the plan(s) and scope of work plan or plans (collectively, the "“Initial Plans"Plan”) which will be prepared by Legacy Partners CDS, Inc. after the parties meet and confer to agree upon Xxxxxxx Xxxxxx Architects dated 5/9/2007 a scope of work immediately after execution of this Lease. Within fifteen (15) business days from the date Landlord and Tenant meet to discuss the scope of work, Landlord shall deliver to Tenant the Initial Plans. A copy of the Initial Plans shall be or copies is/are attached hereto as Schedule 1, as soon as practicable thereafter. Such work, as shown in the Initial Plans Plan and as more fully detailed in the Approved Final Working Drawings (as defined and described in Section 4 Paragraph 2 below), shall be hereinafter referred to as the "“Work". .” Not later than five (5) days after the Initial Plans are prepared and delivered to Tenant, 8/1/2007 Tenant or Tenant's Representatives shall furnish to Landlord such additional plans, drawings, specifications and finish details as Landlord may reasonably request to enable Landlord's ’s architects and engineers, as applicable, engineers to prepare mechanical, electrical and plumbing plans and to prepare the Final Working Drawings, including, but not limited to, including a final telephone layout and special electrical connectionsconnection requirements, if any. All plans, drawings, specifications and other details describing the Work which have been, been or are hereafter, hereafter furnished by or on behalf of Tenant shall be subject to Landlord's ’s approval, which approval Landlord agrees shall not be unreasonably withheld. Landlord shall not be deemed to have acted unreasonably if it withholds its approval of any plans, specifications, drawings or other details or of any Change Request Additional Work (hereafter as defined in Section 11 Paragraph 7 below) because, in Landlord's ’s reasonable opinion, the work work, as described in any such item, or any Change Requestthe Additional Work, as the case may be: (a) is likely to adversely affect Building systems, the structure of the Building or the safety of the Building or and/or its occupants; (b) might impair Landlord's ’s ability to furnish services to Tenant or other tenants in the Building; (c) might, in Landlord’s sole opinion, adversely affect Landlord’s ability to re-lease the Premises; (d) would increase the cost of operating the Building or the ParkBuilding; (de) would violate any applicable governmental, administrative body's or agencies' governmental laws, rules, regulations, ordinances, codes rules or similar requirements ordinances (or interpretations thereof); (ef) contains or uses Hazardous Materialshazardous or toxic materials or substances; (fg) would adversely affect the appearance of the Building or the ParkBuilding; (gh) might adversely affect another tenant's premises or such other tenant's use and enjoyment of such ’s premises; (hi) is prohibited by any ground lease affecting the Building, the Lot and/or the Park, any Recorded Matters Building or any mortgage, trust deed mortgage or other instrument encumbering the Building, the Lot and/or the Park; or (ij) is likely to be substantially delayed because of unavailability or shortage of labor or materials necessary to perform such work or the difficulties or unusual nature of such work; (j) is not, at a minimum, in accordance with Landlord's Building Standards (defined below); or (k) would increase the Tenant Improvement Costs (defined in Section 9 below) by more than ten percent (10%) from the cost originally estimated and anticipated by the parties. The foregoing reasons, however, shall not be the only reasons for which Landlord may withhold its approval, whether or not such other reasons are similar or dissimilar to the foregoing. Neither the approval by Landlord of the Work or the Initial Plans Plan or any other plans, specificationsdrawings, drawings specifications or other items associated with the Work nor Landlord's ’s performance, supervision or monitoring of the Work shall constitute any warranty or covenant by Landlord to Tenant of the adequacy of the design for Tenant's ’s intended use of the Premises. Tenant agrees to, and does hereby, assume full and complete responsibility to ensure that the Work and the Approved Final Drawings are adequate to fully meet the needs and requirements of Tenant's intended operations of its business within the Premises and Tenant's use of the Premises.
Appears in 1 contract
Tenant’s Initial Plans; the Work. Tenant desires Landlord to perform -------------------------------- and Landlord agrees to perform certain Tenant Improvements leasehold improvement work in the Premises. The Tenant Improvements shall be Premises in substantial accordance with the plan(s) and scope of work plan or plans (collectively, the "Initial PlansPlan") which will be prepared by Legacy Partners CDSSonnenleiter Associates dated 8-22-96 and last ------------- revised 11-15-96, Inc. after the parties meet and confer to agree upon a scope copies of work immediately after execution of this Lease. Within fifteen (15) business days from the date Landlord and Tenant meet to discuss the scope of work, Landlord shall deliver to Tenant the Initial Plans. A copy of the Initial Plans shall be which are attached hereto as Schedule 1, as soon as practicable thereafter. Such work, ---------- as shown in the Initial Plans Plan and as more fully detailed in the Approved Final Working Drawings (as defined and described in Section 4 Paragraph 2 below), ) shall be hereinafter collectively referred to as the "Work". ." Not later than five twenty (520) days after the Initial Plans are prepared and delivered to TenantLandlord's request therefor, Tenant or Tenant's Representatives shall furnish to Landlord such additional plans, drawings, specifications and finish details as Landlord may reasonably request to enable Landlord's architects and engineers, as applicable, engineers to prepare mechanical, electrical and plumbing plans and to prepare the Final Working Drawings, including, but not limited to, including a final telephone layout and special electrical connectionsconnection requirements, if any. All plans, drawings, specifications and other details describing the Work which have been, been or are hereafter, hereafter furnished by or on behalf of Tenant shall be subject to Landlord's approval, which approval Landlord agrees shall not be unreasonably withheld. Landlord shall not be deemed to have acted unreasonably if it withholds its approval of any plans, specifications, drawings or other details or of any Change Request Additional Work (hereafter as defined in Section 11 Paragraph 7 below) because, in Landlord's reasonable opinion, the work Work, as described in any such item, or any Change Requestthe Additional Work, as the case may be: (a) is likely to adversely affect affects Building systemsSystems (as defined in Section 7.2(a) of the Lease), the structure Building Structure (as defined in Section 7.2(a) of the Building Lease) or the safety of the Building or and/or its occupants; (b) might impair Landlord's ability to furnish required services to Tenant or other tenants in the Building; (c) would increase the cost of operating the Building or the ParkBuilding, EXHIBIT B-1 in Landlord's reasonable judgment, more than a "de minimis" amount; (d) would violate any applicable governmental, administrative body's or agencies' laws, rules, regulations, ordinances, codes or similar requirements (or interpretations thereof)Applicable Laws; (e) contains or uses Hazardous MaterialsMaterials in violation of Applicable Laws; (f) would adversely affect the appearance of the Building or the ParkBuilding; (g) might would, in Landlord's reasonable judgment, adversely affect the normal and customary business operations of another tenant's premises or such other tenant's use and enjoyment of such premises; (h) is prohibited by any ground lease affecting the Building, the Lot and/or the Park, any Recorded Matters Building or any mortgage, trust deed or other instrument encumbering the Building, the Lot and/or the Park; or (i) is likely to be substantially delayed because of unavailability or shortage of labor or materials necessary to perform such work Work or the difficulties or unusual nature of such work; Work (j) is noteach, at a minimum, in accordance with Landlord's Building Standards (defined below"Design Problem"); or (k) would increase the Tenant Improvement Costs (defined in Section 9 below) by more than ten percent (10%) from the cost originally estimated and anticipated by the parties. The foregoing reasons, however, reasons shall not be the only reasons for which -------------- Landlord may withhold its approval, whether or not such other reasons are similar or dissimilar to the foregoing. Neither the approval by Landlord of the Work or the Initial Plans Plan or any other plans, specificationsdrawings, drawings specifications or other items associated with the Work nor Landlord's performance, supervision or monitoring of the Work shall constitute any warranty or covenant by Landlord to Tenant of the adequacy of the design for Tenant's intended use of the Premises. Tenant agrees to, and does hereby, assume full and complete responsibility to ensure that the Work and the Approved Final Drawings are adequate to fully meet the needs and requirements of Tenant's intended operations of its business within the Premises and Tenant's use of the Premises.
Appears in 1 contract
Tenant’s Initial Plans; the Work. Tenant desires Landlord to perform --------------------------------- certain Tenant Improvements leasehold improvement work in the Premises. The Tenant Improvements shall be Premises in substantial accordance with the plan(s) and scope of work plan or plans (collectively, the "Initial PlansPlan") which will be prepared by Legacy Partners CDSJafvert Xxxxxxx Architects, Inc. after the parties meet dated September 1, 1999 and confer to agree upon last revised September 13, 1999, a scope of work immediately after execution of this Lease. Within fifteen (15) business days from the date Landlord and Tenant meet to discuss the scope of work, Landlord shall deliver to Tenant the Initial Plans. A copy of the Initial Plans shall be or copies is/are attached hereto as Schedule 1, as soon as practicable thereafter. Such work, as shown in the Initial Plans Plan and as more fully detailed in the Approved Final Working Drawings (as defined and described in Section 4 Paragraph 2 below), shall be hereinafter referred to as the "Work". ." Not later than five (5) days after the Initial Plans are prepared and delivered to TenantOctober 15, 1999, Tenant or Tenant's Representatives shall furnish to Landlord such additional plans, drawings, specifications and finish details as Landlord may reasonably request to enable Landlord's architects and engineers, as applicable, engineers to prepare mechanical, electrical and plumbing plans and to prepare the Final Working Drawings, including, but not limited to, it being understood and agreed that if a final telephone layout and special electrical connectionsconnection requirements, if anyany are not included in the submission to Landlord, Tenant shall be responsible, at its sole cost and expense, for the inclusion of such items in the Working Drawings (including any changes to the Working Drawings necessitated by the inclusion of the telephone layout and special electrical connection requirements) and into the Premises. All plans, drawings, specifications and other details describing the Work which have been, been or are hereafter, hereafter furnished by or on behalf of Tenant shall be subject to Landlord's approval, which approval Landlord agrees shall not be unreasonably withheld. Landlord shall not be deemed to have acted unreasonably if it withholds its approval of any plans, specifications, drawings or other details or of any Change Request Additional Work (hereafter as defined in Section 11 Paragraph 7 below) because, in Landlord's reasonable opinion, the work work, as described in any such item, or any Change Requestthe Additional Work, as the case may be: (a) is likely to adversely affect Building systems, the structure of the Building or the safety of the Building or and/or its occupants; (b) might impair Landlord's ability to furnish services to Tenant or other tenants in the Building; (c) might, in Landlord's sole opinion, adversely affect Landlord's ability to re-lease the Premises; (d) would increase the cost of operating the Building or the ParkBuilding; (de) would violate any applicable governmental, administrative body's or agencies' governmental laws, rules, regulations, ordinances, codes rules or similar requirements ordinances (or interpretations thereof); (ef) contains or uses Hazardous Materialshazardous or toxic materials or substances; (fg) would adversely affect the appearance of the Building or the ParkBuilding; (gh) might adversely affect another tenant's premises or such other tenant's use and enjoyment of such premises; (hI) is prohibited by any ground lease affecting the Building, the Lot and/or the Park, any Recorded Matters Building or any mortgage, trust deed mortgage or other instrument encumbering the Building, the Lot and/or the Park; or (ij) is likely to be substantially delayed because of unavailability or shortage of labor or materials necessary to perform such work or the difficulties or unusual nature of such work; (j) is not, at a minimum, in accordance with Landlord's Building Standards (defined below); or (k) would increase the Tenant Improvement Costs (defined in Section 9 below) by more than ten percent (10%) from the cost originally estimated and anticipated by the parties. The foregoing reasons, however, shall not be the only reasons for which Landlord may withhold its approval, whether or not such other reasons are arc similar or dissimilar to the foregoing. Neither the approval by Landlord of the Work or the Initial Plans Plan or any other plans, specificationsdrawings, drawings specifications or other items associated with the Work nor Landlord's performance, supervision or monitoring of the Work shall constitute any warranty or covenant by Landlord to Tenant of the adequacy of the design for Tenant's intended use of the Premises. Tenant agrees to, and does hereby, assume full and complete responsibility to ensure that the Work and the Approved Final Drawings are adequate to fully meet the needs and requirements of Tenant's intended operations of its business within the Premises and Tenant's use of the Premises.
Appears in 1 contract
Tenant’s Initial Plans; the Work. Tenant desires Landlord to perform certain Tenant Improvements leasehold improvement work in the Premises. The Tenant Improvements shall be Premises in substantial accordance with the plan(s) and scope of work plan or plans (collectively, the "Initial PlansPlan") which will to be prepared by Legacy Partners CDS, Inc. after the parties meet and confer to agree upon a scope of work immediately after execution of this Lease. Within fifteen (15) business days from the date Landlord and Tenant meet to discuss the scope of work, Landlord shall deliver to Tenant the Initial Plans. A copy of the Initial Plans shall be attached hereto as Schedule 1, as soon as practicable thereafterXxxx Xxxxxx & Xxxxxxxxx. Such work, as shown in the Initial Plans Plan and as more fully detailed in the Approved Final Working Drawings (as defined and described in Section 4 Paragraph 2 below), shall be hereinafter referred to as the "Work". Not later than five (5) days Promptly after the Initial Plans are prepared and delivered to TenantLandlord's request, Tenant or Tenant's Representatives shall furnish to Landlord such additional plans, drawings, specifications and finish details as Landlord may reasonably request to enable Landlord's architects and engineers, as applicable, engineers to prepare mechanical, electrical and plumbing plans and to prepare the Final Working Drawings, including, but not limited to, including a final telephone layout and special electrical connectionsconnection requirements, if any. All plans, drawings, specifications and other details describing the Work which have been, been or are hereafter, hereafter furnished by or on behalf of Tenant shall be subject to Landlord's approval, which approval Landlord agrees shall not be unreasonably withheld. Landlord shall not be deemed to have acted unreasonably if it withholds its approval of any plans, specifications, drawings or other details or of any Change Request Additional Work (hereafter as defined in Section 11 Paragraph 7 below) because, in Landlord's reasonable opinion, the work work, as described in any such item, or any Change Requestthe Additional Work, as the case may be: (a) is likely to adversely affect Building systems, the structure of the Building or the safety of the Building or and/or its occupants; (b) might impair Landlord's ability to furnish services to Tenant or other tenants in the Building; (c) would increase the cost of operating the Building or the ParkBuilding; (d) would violate any applicable governmental, administrative body's or agencies' governmental laws, rules, regulations, ordinances, codes rules or similar requirements ordinances (or interpretations thereof); (e) contains or uses Hazardous Materialshazardous or toxic materials or substances; (f) would adversely affect the appearance of the Building or the ParkBuilding; (g) might adversely affect another tenant's premises or such other tenant's use and enjoyment of such premises; (h) is prohibited by any ground lease affecting the Building, the Lot and/or the Park, any Recorded Matters Building or any mortgage, trust deed or other instrument encumbering the Building, the Lot and/or the Park; or (i) is likely to be substantially delayed because of unavailability or shortage of labor or materials necessary to perform such work or the difficulties or unusual nature of such work; (j) is not, at a minimum, in accordance with Landlord's Building Standards (defined below); or (k) would increase the Tenant Improvement Costs (defined in Section 9 below) by more than ten percent (10%) from the cost originally estimated and anticipated by the parties. The foregoing reasons, however, shall not be the only reasons for which Landlord may withhold its approval, whether or not such other reasons are similar or dissimilar to the foregoing. Neither the approval by Landlord of the Work or the Initial Plans Plan or any other plans, specificationsdrawings, drawings specifications or other items associated with the Work nor Landlord's performance, supervision or monitoring of the Work shall constitute any warranty or covenant by Landlord to Tenant of the adequacy of the design for Tenant's intended use of the Premises. Tenant agrees to, and does hereby, assume full and complete responsibility to ensure that Landlord shall not charge a supervision fee in connection with the Work and the Approved Final Drawings are adequate to fully meet the needs and requirements of Tenant's intended operations of its business within the Premises and Tenant's use of the PremisesWork.
Appears in 1 contract
Tenant’s Initial Plans; the Work. Tenant desires Landlord to perform certain Tenant Improvements in the Premises. The Tenant Improvements shall be Premises in substantial accordance with the plan(s) and or scope of work (collectively, the "“Initial Plans"”) which will be prepared by Legacy Partners CDS, Inc. after the parties meet and confer to agree upon dated March 10, 2006, a scope of work immediately after execution of this Lease. Within fifteen (15) business days from the date Landlord and Tenant meet to discuss the scope of work, Landlord shall deliver to Tenant the Initial Plans. A copy of the Initial Plans shall be which is attached hereto as Schedule 1, as soon as practicable thereafterand made a part hereof. Such work, as shown in the Initial Plans and as more fully detailed in the Approved Final Drawings (as defined and described in Section 4 below), shall be hereinafter referred to as the "“Work"”. Not later than five ten (510) days after following the Initial Plans are prepared and delivered to TenantLease Date, Tenant or and/or Tenant's ’s Representatives shall furnish to Landlord such additional plans, drawings, specifications and finish details as Landlord may reasonably request to enable Landlord's ’s architects and engineers, as applicable, to prepare mechanical, electrical and plumbing plans and to prepare the Final Drawings, including, but not limited to, a final telephone layout and special electrical connections, if any. All plans, drawings, specifications and other details describing the Work which have been, or are hereafter, furnished by or on behalf of Tenant shall be subject to Landlord's ’s approval, which approval shall not be unreasonably withheld, conditioned or delayed. Landlord shall not be deemed to have acted unreasonably if it withholds its approval of any plans, specifications, drawings or other details or of any Change Request (hereafter defined in Section 11 below) because, in Landlord's ’s reasonable opinion, the work as described in any such item, or any Change Request, as the case may be: (a) is likely to adversely affect Building systems, the structure of the Building or the safety of the Building or and/or its occupants; (b) might impair Landlord's ’s ability to furnish services to Tenant or other tenants in the BuildingPark; (c) would increase the cost of operating the Building or the Park; (d) would violate any applicable governmental, administrative body's ’s or agencies' ’ laws, rules, regulations, ordinances, codes or similar requirements (or interpretations thereof); (e) contains or uses Hazardous Materials; (f) would adversely affect the appearance of the Building or the Park; (g) might adversely affect another tenant's ’s premises or such other tenant's ’s use and enjoyment of such premises; (h) is prohibited by any ground lease affecting the Building, the Lot and/or the Park, any Recorded Matters or any mortgage, trust deed or other instrument encumbering the Building, the Lot and/or the Park; (i) is likely to be substantially delayed because of unavailability or shortage of labor or materials necessary to perform such work or the difficulties or unusual nature of such work; (j) is not, at a minimum, in accordance with Landlord's ’s Building Standards (defined below); , or (k) would increase the Tenant Improvement Costs (defined in Section 9 below) by more than ten twenty-five percent (1025%) from the cost originally estimated and anticipated by the parties (provided, Landlord shall not unreasonably withhold its consent to such increase in Tenant Improvement Costs so long as (i) the scope of work related to those Tenant Improvements which are not generic lab improvements (as described in Section 8 below) is unchanged from the scope of work for such lab improvements shown in the Initial Plans and (ii) Tenant pays Landlord, within two (2) business days following written demand by Landlord, all Tenant Improvement Costs which Landlord estimates may be incurred in excess of an amount equal to one hundred twenty-five percent (125%) of the Tenant Improvement Costs originally estimated and anticipated by the parties). The foregoing reasons, however, shall not be the only reasons for which Landlord may withhold its approval, whether or not such other reasons are similar or dissimilar to the foregoing. Neither N either the approval by Landlord of the Work or the Initial Plans or any other plans, specifications, drawings or other items associated with the Work nor Landlord's ’s performance, supervision or monitoring of the Work shall constitute any warranty or covenant by Landlord to Tenant of the adequacy of the design for Tenant's ’s intended use of the Premises. Tenant agrees to, and does hereby, assume full and complete responsibility to ensure that the Work and the Approved Final Drawings are adequate to fully meet the needs and requirements of Tenant's ’s intended operations of its business within the Premises and Tenant's ’s use of the Premises.
Appears in 1 contract
Samples: Lease Agreement (Endwave Corp)
Tenant’s Initial Plans; the Work. Tenant desires Landlord to perform certain EP Tenant Improvements in the Premises. The EP Tenant Improvements shall be in substantial accordance with the plan(s) and scope of work (collectively, the "“Initial Plans"”) which will be has been prepared by Legacy Partners CDSPartners, Inc. CDS after the parties meet and confer to agree upon a scope of work immediately after full execution of this LeaseAmendment. Within fifteen (15) business days from the date Landlord and Tenant meet to discuss the scope of work, Landlord shall deliver to Tenant the Initial Plans. A copy of the Initial Plans shall be attached hereto as Schedule 1, as soon as practicable thereafter. Such work, as shown in the Initial Plans and as more fully detailed in the Approved Final Drawings (as defined and described in Section 4 below), shall be hereinafter referred to as the "“Work"”. Not later than five (5) days after the Initial Plans are prepared and delivered to Tenant, Tenant or Tenant's ’s Representatives shall furnish to Landlord such additional plans, drawings, specifications and finish details as Landlord may reasonably request to enable Landlord's ’s architects and engineers, as applicable, to prepare mechanical, electrical and plumbing plans and to prepare the Final Drawings, including, but not limited to, a final telephone layout and special electrical connections, if any. All plans, drawings, specifications and other details describing the Work which have been, or are hereafter, furnished by or on behalf of Tenant shall be subject to Landlord's ’s approval, which approval shall not be unreasonably withheld. Landlord shall not be deemed to have acted unreasonably if it withholds its approval of any plans, specifications, drawings or other details or of any Change Request (hereafter defined in Section 11 10 below) because, in Landlord's ’s reasonable opinion, the work as described in any such item, or any Change Request, as the case may be: (a) is likely to adversely affect Building systems, the structure of the Building or the safety of the Building or its occupants; (b) might impair Landlord's ability to furnish services to Tenant or other tenants in the Building; (c) would increase the cost of operating the Building or the Park; (d) would violate any applicable governmental, administrative body's or agencies' laws, rules, regulations, ordinances, codes or similar requirements (or interpretations thereof); (e) contains or uses Hazardous Materials; (f) would adversely affect the appearance of the Building or the Park; (g) might adversely affect another tenant's premises or such other tenant's use and enjoyment of such premises; (h) is prohibited by any ground lease affecting the Building, the Lot and/or the Park, any Recorded Matters or any mortgage, trust deed or other instrument encumbering the Building, the Lot and/or the Park; (i) is likely to be substantially delayed because of unavailability or shortage of labor or materials necessary to perform such work or the difficulties or unusual nature of such work; (j) is not, at a minimum, in accordance with Landlord's Building Standards (defined below); or (k) would increase the Tenant Improvement Costs (defined in Section 9 below) by more than ten percent (10%) from the cost originally estimated and anticipated by the parties. The foregoing reasons, however, shall not be the only reasons for which Landlord may withhold its approval, whether or not such other reasons are similar or dissimilar to the foregoing. Neither the approval by Landlord of the Work or the Initial Plans or any other plans, specifications, drawings or other items associated with the Work nor Landlord's performance, supervision or monitoring of the Work shall constitute any warranty or covenant by Landlord to Tenant of the adequacy of the design for Tenant's intended use of the Premises. Tenant agrees to, and does hereby, assume full and complete responsibility to ensure that the Work and the Approved Final Drawings are adequate to fully meet the needs and requirements of Tenant's intended operations of its business within the Premises and Tenant's use of the Premises.as
Appears in 1 contract
Tenant’s Initial Plans; the Work. Tenant desires Landlord to perform certain Tenant Improvements in the Premises. The Tenant Improvements shall be Premises in substantial accordance with the plan(s) and or scope of work (collectively, the "Initial Plans") which will be prepared by Legacy Partners CDS, Inc. after the parties meet dated June 28, 2002 and confer to agree upon last revised July 2, 2002, a scope of work immediately after execution of this Lease. Within fifteen (15) business days from the date Landlord and Tenant meet to discuss the scope of work, Landlord shall deliver to Tenant the Initial Plans. A copy of the Initial Plans shall be which is attached hereto as Schedule 1, as soon as practicable thereafterand made a part hereof (collectively, the “Initial Plans”). Such work, as shown in the Initial Plans and as more fully detailed in the Approved Final Drawings (as defined and described in Section 4 below), shall be hereinafter referred to as the "“Work"”. Not later than five (5) days after the Initial Plans are prepared and delivered to Tenant and/or Tenant, Tenant or Tenant's ’s Representatives shall furnish to Landlord such additional plans, drawings, specifications and finish details as Landlord may reasonably request to enable Landlord's ’s architects and engineers, as applicable, to prepare mechanical, electrical and plumbing plans and to prepare the Final Drawings, including, but not limited to, a final telephone layout and special electrical connections, if any. All plans, drawings, specifications and other details describing the Work which have been, or are hereafter, furnished by or on behalf of Tenant shall be subject to Landlord's ’s approval, which approval shall not be unreasonably withheld. Landlord shall not be deemed to have acted unreasonably if it withholds its approval of any plans, specifications, drawings or other details or of any Change Request (hereafter defined in Section 11 below) because, in Landlord's reasonable opinion, the work as described in any such item, or any Change Request, as the case may be: (a) is likely to adversely affect Building systems, the structure of the Building or the safety of the Building or its occupants; (b) might impair Landlord's ability to furnish services to Tenant or other tenants in the Building; (c) would increase the cost of operating the Building or the Park; (d) would violate any applicable governmental, administrative body's or agencies' laws, rules, regulations, ordinances, codes or similar requirements (or interpretations thereof); (e) contains or uses Hazardous Materials; (f) would adversely affect the appearance of the Building or the Park; (g) might adversely affect another tenant's premises or such other tenant's use and enjoyment of such premises; (h) is prohibited by any ground lease affecting the Building, the Lot and/or the Park, any Recorded Matters or any mortgage, trust deed or other instrument encumbering the Building, the Lot and/or the Park; (i) is likely to be substantially delayed because of unavailability or shortage of labor or materials necessary to perform such work or the difficulties or unusual nature of such work; (j) is not, at a minimum, in accordance with Landlord's Building Standards (defined below); or (k) would increase the Tenant Improvement Costs (defined in Section 9 below) by more than ten percent (10%) from the cost originally estimated and anticipated by the parties. The foregoing reasons, however, shall not be the only reasons for which Landlord may withhold its approval, whether or not such other reasons are similar or dissimilar to the foregoing. Neither the approval by Landlord of the Work or the Initial Plans or any other plans, specifications, drawings or other items associated with the Work nor Landlord's ’s performance, supervision or monitoring of the Work shall constitute any warranty or covenant by Landlord to Tenant of the adequacy of the design for Tenant's ’s intended use of the Premises. Tenant agrees to, and does hereby, assume full and complete responsibility to ensure that the Work and the Approved Final Drawings are adequate to fully meet the needs and requirements of Tenant's ’s intended operations of its business within the Premises and Tenant's ’s use of the Premises.
Appears in 1 contract
Samples: Lease Agreement (Synplicity Inc)
Tenant’s Initial Plans; the Work. Tenant desires Landlord to perform -------------------------------- certain Tenant Improvements leasehold improvement work in the Premises. The Tenant Improvements shall be Premises in substantial accordance with the plan(s) and scope of work plan or plans (collectively, the "Initial PlansPlan") which will be prepared by Legacy Partners CDS, Inc. after the parties meet and confer to agree upon a scope of work immediately after execution of this Lease. Within fifteen (15) business days from the date Landlord and Tenant meet to discuss the scope of work, Landlord shall deliver to Tenant the Initial Plans. A copy of the Initial Plans shall be if not attached hereto as Schedule 1, as soon as practicable thereafterboth Landlord and Tenant shall make a good faith effort to have a mutually acceptable Initial Plan drawn within fifteen (15) days hereof, and will then be made an attachment to the Lease. Such work, as shown in the Initial Plans Plan and as more fully detailed in the Approved Final Working Drawings (as defined and described in Section 4 Paragraph 2 below), shall be hereinafter referred to as the "Work". Not later than five (5) days after the Initial Plans are prepared and delivered to Tenant, Tenant or Tenant's Representatives shall furnish has furnished to Landlord such additional plans, drawings, specifications and finish details as Landlord may reasonably request to enable Landlord's architects and engineers, as applicable, engineers to prepare mechanical, electrical and plumbing plans and to prepare the Final Working Drawings, including, but not limited to, including a final telephone layout and special electrical connectionsconnection requirements, if any. All plans, drawings, specifications and other details describing the Work which have been, been or are hereafter, hereafter furnished by or on behalf of Tenant shall be subject to Landlord's approval, which approval Landlord agrees shall not be unreasonably withheld. Landlord shall not be deemed to have acted unreasonably if it withholds its approval of any plans, specifications, drawings or other details or of any Change Request Additional Work (hereafter as defined in Section 11 Paragraph 7 below) because, in Landlord's reasonable opinion, the work work, as described in any such item, or any Change Requestthe Additional Work, as the case may be: (a) is likely to adversely affect Building systems, the structure of the Building or the safety of the Building or and/or its occupants; (b) might impair Landlord's ability to furnish services to Tenant or other tenants in the Building; (c) would increase the cost of operating the Building or the ParkBuilding; (d) would violate any applicable governmental, administrative body's or agencies' governmental laws, rules, regulations, ordinances, codes rules or similar requirements ordinances (or interpretations thereof); (e) contains or uses Hazardous Materialshazardous or toxic materials or substances; (f) would adversely affect the appearance of the Building or the ParkBuilding; (g) might adversely affect another tenant's premises or such other tenant's use and enjoyment of such premises; (h) is prohibited by any ground lease affecting the Building, the Lot and/or the Park, any Recorded Matters Building or any mortgage, trust deed or other instrument encumbering the Building, the Lot and/or the Park; or (i) is likely to be substantially delayed because of unavailability or shortage of labor or materials necessary to perform such work or the difficulties or unusual nature of such work; (j) is not, at a minimum, in accordance with Landlord's Building Standards (defined below); or (k) would increase the Tenant Improvement Costs (defined in Section 9 below) by more than ten percent (10%) from the cost originally estimated and anticipated by the parties. The foregoing reasons, however, shall not be the only reasons for which Landlord may withhold its approval, whether or not such other reasons are similar or dissimilar to the foregoing. Neither the approval by EXHIBIT B --------- Landlord of the Work or the Initial Plans Plan or any other plans, specificationsdrawings, drawings specifications or other items associated with the Work nor Landlord's performance, supervision or monitoring of the Work shall constitute any warranty or covenant by Landlord to Tenant of the adequacy of the design for Tenant's intended use of the Premises. Tenant agrees to, and does hereby, assume full and complete responsibility to ensure that the Work and the Approved Final Drawings are adequate to fully meet the needs and requirements of Tenant's intended operations of its business within the Premises and Tenant's use of the Premises.
Appears in 1 contract
Tenant’s Initial Plans; the Work. Tenant desires Landlord to perform certain Tenant Improvements in the Premises. The Tenant Improvements shall be Premises in substantial accordance with the plan(s) and or scope of work (collectively, the "Initial Plans") which will be prepared by Legacy Partners CDSLandlord, Inc. after the parties meet and confer to agree upon a scope of work immediately after execution of this Lease. Within fifteen (15) business days from the date Landlord and Tenant meet to discuss the scope of work, Landlord shall deliver to Tenant the Initial Plans. A copy of the Initial Plans shall be which is attached hereto as Schedule SCHEDULE 1, as soon as practicable thereafterand made a part hereof. Such work, as shown in the Initial Plans and as more fully detailed in the Approved Final Drawings (as defined and described in Section 4 below), shall be hereinafter referred to as the "Work". Not later than five (5) days after Tenant executes the Initial Plans are prepared and delivered to TenantLease, Tenant or and/or Tenant's Representatives shall furnish to Landlord such additional plans, drawings, specifications and finish details as Landlord may reasonably request to enable Landlord's architects and engineers, as applicable, to prepare mechanical, electrical and plumbing plans and to prepare the Final Drawings, including, but not limited to, a final telephone layout and special electrical connections, if any. All plans, drawings, specifications and other details describing the Work which have been, or are hereafter, furnished by or on behalf of Tenant shall be subject to Landlord's approval, which approval shall not be unreasonably withheld. Landlord shall not be deemed to have acted unreasonably if it withholds its approval of any plans, specifications, drawings or other details or of any Change Request (hereafter defined in Section 11 below) because, in Landlord's reasonable opinion, the work as described in any such item, or any Change Request, as the case may be: (a) is likely to adversely and materially affect Building systems, the structure of the Building or the safety of the Building or and/or its occupants; (b) might impair Landlord's ability to furnish services to Tenant or other tenants in the Building; (c) would substantially increase the cost of operating the Building or the Park; (d) would violate any applicable governmental, administrative body's or agencies' laws, rules, regulations, ordinances, codes or similar requirements (or interpretations thereof); (e) contains or uses Hazardous Materials; (f) would adversely affect the appearance of the Building or the Park; (g) might adversely affect another tenant's premises or such other tenant's use and enjoyment of such premises; (h) is prohibited by any ground lease affecting the Building, the Lot and/or the Park, any Recorded Matters or any mortgage, trust deed or other instrument encumbering the Building, the Lot and/or the Park; (i) is likely to be substantially delayed because of unavailability or shortage of labor or materials necessary to perform such work or the difficulties or unusual nature of such work; (j) is not, at a minimum, in accordance with Landlord's Building Standards (defined below); , or (k) would increase the Tenant Improvement Costs (defined in Section 9 below) by more than ten twenty-five percent (1025%) from the cost originally estimated and anticipated by the parties. The foregoing reasons, however, shall not be the only reasons for which Landlord may withhold its approval, whether or not such other reasons are similar or dissimilar to the foregoing. Neither the approval by Landlord of the Work or the Initial Plans or any other plans, specifications, drawings or other items associated with the Work nor Landlord's performance, supervision or monitoring of the Work shall constitute any warranty or covenant by Landlord to Tenant of the adequacy of the design for Tenant's intended use of the Premises. Tenant agrees to, and does hereby, assume full and complete responsibility to ensure that the Work and the Approved Final Drawings are adequate to fully meet the needs and requirements of Tenant's intended operations of its business within the Premises and Tenant's use of the Premises.
Appears in 1 contract
Samples: Lease Agreement (Ditech Corp)
Tenant’s Initial Plans; the Work. Tenant desires Landlord to perform certain Tenant Improvements leasehold improvement work in the Premises. The Tenant Improvements shall be Premises in substantial accordance with the plan(s) and scope of work plan or plans (collectively, the "Initial PlansPlan") which will to be prepared by Legacy Partners CDSAspect Systems, Inc. after the parties meet and confer to agree upon a scope of work immediately after execution of this Lease. Within fifteen (15) business days from the date Landlord and Tenant meet to discuss the scope of work, Landlord shall deliver to Tenant the Initial Plans. A copy of the Initial Plans shall be attached hereto as Schedule 1, as soon as practicable thereafter. Such work, as shown in the Initial Plans and as more fully detailed in the Approved Final Drawings (as defined and described in Section 4 below), shall be hereinafter referred to as the "Work". Not later than five (5) days after the Initial Plans are prepared and delivered to TenantMarch 15, 1999, Tenant or Tenant's Representatives shall furnish to Landlord such additional plans, drawings, specifications and finish details as Landlord may reasonably request to enable Landlord's architects and engineers, as applicable, engineers to prepare mechanical, electrical and plumbing plans and to prepare the Final Working Drawings, including, but not limited to, including a final telephone layout and special electrical connectionsconnection requirements, if any. All plans, drawings, specifications and other details describing the Work which have been, been or are hereafter, hereafter furnished by or on behalf of Tenant shall be subject to Landlord's approval, which approval Landlord agrees shall not be unreasonably withheld. Landlord shall not be deemed to have acted unreasonably if it withholds its approval of any plans, specifications, drawings or other details or of any Change Request Additional Work (hereafter as defined in Section 11 Paragraph 7 below) because, in Landlord's reasonable opinion, the work work, as described in any such item, or any Change Requestthe Additional Work, as the case may be: (a) is likely to adversely affect Building systems, the structure of the Building or the safety of the Building or and/or its occupants; (b) might impair Landlord's ability to furnish services to Tenant or other tenants in the Building; (c) would increase the cost of operating the Building or the ParkBuilding; (d) would violate any applicable governmental, administrative body's or agencies' governmental laws, rules, regulations, ordinances, codes rules or similar requirements ordinances (or interpretations thereof); (e) contains or uses Hazardous Materialshazardous or toxic materials or substances; (f) would adversely affect the appearance of the Building or the Park; Building, (g) might adversely affect another tenant's premises or such other tenant's use and enjoyment of such premises; (h) is prohibited by any ground lease affecting the Building, the Lot and/or the Park, any Recorded Matters Building or any mortgage, trust deed or other instrument encumbering the Building, the Lot and/or the Park; or (i) is likely to be substantially delayed because of unavailability or shortage of labor or materials necessary to perform such work or the difficulties or unusual nature of such work; (j) is not, at a minimum, in accordance with Landlord's Building Standards (defined below); or (k) would increase the Tenant Improvement Costs (defined in Section 9 below) by more than ten percent (10%) from the cost originally estimated and anticipated by the parties. The foregoing reasons, however, shall not be the only reasons for which Landlord may withhold its approval, whether or not such other reasons are similar or dissimilar to the foregoing. Neither the approval by Landlord of the Work or the Initial Plans Plan or any other plans, specificationsdrawings, drawings specifications or other items associated with the Work nor Landlord's performance, supervision or monitoring of the Work shall constitute any warranty or covenant by Landlord to Tenant of the adequacy of the design for Tenant's intended use of the Premises. Tenant agrees to, and does hereby, assume full and complete responsibility Landlord shall be entitled to ensure that a payment of 5% of the Work and cost associated with the Approved Final Drawings are adequate to fully meet the needs and requirements completion of Tenant's intended operations buildout, which cost shall include architectural and engineering and similar fees and all costs associated with the construction of its business within the Premises space as charged by the general contractor selected to perform the work This payment is for the coordination and day to day supervision performed by Landlord's staff in completing Tenant's use buildout. This payment will be part of the PremisesTenant Allowance package.
Appears in 1 contract
Samples: Lease (DND Technologies Inc)
Tenant’s Initial Plans; the Work. Tenant desires Landlord to perform certain Tenant Improvements in the Premises. The Tenant Improvements shall be in substantial accordance with the space plan (“Space Plan”) attached hereto as Exhibit F-l and the description of the improvements set forth on Exhibit F-2 and the plan(s) and scope of work (collectively, the "“Initial Plans"”) which will be prepared by Legacy Partners CDS, Inc. an Architect of Landlord’s choice after the parties meet and confer to agree upon a scope of work immediately after execution of this the Lease. Within fifteen (15) business days from the date Landlord and Tenant meet to discuss the scope of work, Landlord shall endeavor to deliver to Tenant the Initial Plans. A copy of the Initial Plans shall be attached hereto as Schedule 1executed or initialed by each of the parties, as soon as practicable thereafter. Such work, as shown in the Initial Plans and as more fully detailed in the Approved Final Drawings (as defined and described in Section 4 below), shall be hereinafter referred to as the "“Work"”. Not later than five (5) days after the Initial Plans are prepared and delivered to Tenant, Tenant or Tenant's ’s Representatives shall furnish to Landlord such additional plans, drawings, specifications and finish details as Landlord may reasonably request to enable Landlord's ’s architects and engineers, as applicable, to prepare mechanical, electrical and plumbing plans and to prepare the Final Drawings, including, but not limited to, a final telephone layout and special electrical connections, if any. All plans, drawings, specifications and other details describing the Work which have been, or are hereafter, furnished by or on behalf of Tenant shall be subject to Landlord's ’s approval, which approval shall not be unreasonably withheld. Landlord shall not be deemed to have acted unreasonably if it withholds its approval of any plans, specifications, drawings or other details or of any Change Request (hereafter defined in Section 11 below) because, in Landlord's ’s reasonable opinion, the work as described in any such item, or any Change Request, as the case may be: ; (a) is likely to adversely affect Building systems, the structure of the Building or the safety of the Building or its occupants; (b) might impair Landlord's ’s ability to furnish services to Tenant or other tenants in the Building; (c) would increase the cost of operating the Building or the ParkIndustrial Center; (d) would violate any applicable governmental, administrative body's ’s or agencies' ’ laws, rules, regulations, ordinances, codes or similar requirements (or interpretations thereof); (e) contains or uses Hazardous MaterialsSubstances; (f) would adversely affect the appearance of the Building or the ParkIndustrial Center; (g) might adversely affect another tenant's ’s premises or such other tenant's ’s use and enjoyment of such premises; (h) is prohibited by any ground lease affecting the Building, the Lot and/or the ParkIndustrial Center, any Recorded Matters or any mortgage, trust deed or other instrument encumbering the Building, the Lot and/or the ParkIndustrial Center; (i) is likely to be substantially delayed because of unavailability or shortage of labor or materials necessary to perform such work or the difficulties or unusual nature of such work; (j) is not, at a minimum, in accordance with Landlord's ’s Building Standards (defined below); or (k) would increase the Tenant Improvement Costs (defined in Section 9 below) by more than ten percent (10%) from the cost originally estimated and anticipated by the parties. The foregoing reasons, however, shall not be the only reasons for which Landlord may withhold its approval, whether or not such other reasons are similar or dissimilar to the foregoing. Neither the approval by Landlord of the Work or the Initial Plans or any other plans, specifications, drawings or other items associated with the Work nor Landlord's ’s performance, supervision or monitoring of the Work shall constitute any warranty or covenant by Landlord to Tenant of the adequacy of the design for Tenant's ’s intended use of the Premises. Tenant agrees to, and does hereby, assume full and complete responsibility to ensure that the Work and the Approved Final Drawings are adequate to fully meet the needs and requirements of Tenant's ’s intended operations of its business within the Premises and Tenant's ’s use of the Premises.
Appears in 1 contract
Samples: Industrial Lease (InvenSense Inc)
Tenant’s Initial Plans; the Work. Tenant desires Landlord to perform certain Tenant Improvements in the Premises. The Tenant Improvements shall be in substantial accordance with the plan(s) and scope of work (collectively, the "“Initial Plans"”) which will be prepared by Legacy Partners CDS, Inc. Landlord’s architect after the parties meet and confer to agree upon a scope of work immediately after execution of this Lease. Within fifteen (15) business days from the date Landlord and Tenant meet to discuss the scope of work, Landlord shall deliver to Tenant the Initial Plans. A copy of the Initial Plans shall be attached hereto as Schedule 1, as soon as practicable thereafter. Such work, as shown in the Initial Plans and as more fully detailed in the Approved Final Drawings (as defined and described in Section 4 below), shall be hereinafter referred to as the "“Work"”. Not later than five (5) days after the Initial Plans are prepared and delivered to Tenant, Tenant or Tenant's ’s Representatives shall furnish to Landlord such additional plans, drawings, specifications and finish details as Landlord may reasonably request to enable Landlord's ’s architects and engineers, as applicable, to prepare mechanical, electrical and plumbing plans and to prepare the Final Drawings, including, but not limited to, a final telephone layout and special electrical connections, if any. All plans, drawings, specifications and other details describing the Work which have been, or are hereafter, furnished by or on behalf of Tenant shall be subject to Landlord's ’s approval, which approval shall not be unreasonably withheld. Landlord shall not be deemed to have acted unreasonably if it withholds its approval of any plans, specifications, drawings or other details or of any Change Request (hereafter defined in Section 11 below) because, in Landlord's ’s reasonable opinion, the work as described in any such item, or any Change Request, as the case may be: (a) is likely to adversely affect Building systems, the structure of the Building or the safety of the Building or its occupants; (b) might impair Landlord's ’s ability to furnish services to Tenant or other tenants in the Building; (c) would increase the cost of operating the Building or the Park; (d) would violate any applicable governmental, administrative body's ’s or agencies' ’ laws, rules, regulations, ordinances, codes or similar requirements (or interpretations thereof); (e) contains or uses Hazardous Materials; (f) would adversely affect the appearance of the Building or the Park; (g) might adversely affect another tenant's ’s premises or such other tenant's ’s use and enjoyment of such premises; , (h) is prohibited by any ground lease affecting the Building, the Lot and/or the Park, any Recorded Matters or any mortgage, trust deed or other instrument Instrument encumbering the Building, the Lot and/or the Park; (i) is likely to be substantially delayed because of unavailability or shortage of labor or materials necessary to perform such work or the difficulties or unusual nature of such work; (j) is not, at a minimum, in accordance with Landlord's ’s Building Standards (defined below); or (k) would increase the Tenant Improvement Costs (defined in Section 9 below) by more than ten percent (10%) from the cost originally estimated and anticipated by the parties. The foregoing reasons, however, shall not be the only reasons for which Landlord may withhold its approval, whether or not such other reasons are similar or dissimilar to the foregoing. Neither the approval by Landlord of the Work or the Initial Plans or any other plans, specifications, drawings or other items associated with the Work nor Landlord's ’s performance, supervision or monitoring of the Work shall constitute any warranty or covenant by Landlord to Tenant of the adequacy of the design for Tenant's ’s intended use of the Premises. Tenant agrees to, and does hereby, assume full and complete responsibility to ensure that the Work and the Approved Final Drawings are adequate to fully meet the needs and requirements of Tenant's ’s intended operations of its business within the Premises and Tenant's ’s use of the Premises.
Appears in 1 contract
Samples: Lease Agreement (Alphasmart Inc)
Tenant’s Initial Plans; the Work. Tenant desires Landlord to perform certain Tenant Improvements leasehold improvement work in the Premises. The Tenant Improvements shall be Premises in substantial accordance with the plan(s) and scope of work plan or plans (collectively, the "Initial PlansPlan") which will be prepared by Legacy Partners CDSGenesis Architecture dated October 10, Inc. after the parties meet 1997, and confer to agree upon last revised October 10, 1997, a scope of work immediately after execution of this Lease. Within fifteen (15) business days from the date Landlord and Tenant meet to discuss the scope of work, Landlord shall deliver to Tenant the Initial Plans. A copy of the Initial Plans shall be or copies is/are attached hereto as Schedule 1, as soon as practicable thereafter. Such work, as shown in the Initial Plans Plan and as more fully detailed in the Approved Final Working Drawings (as defined and described in Section 4 Paragraph 2 below), shall be hereinafter referred to as the "Work". Not later than five (5) days after ." On the Initial Plans are prepared and delivered to Tenantdate hereof, Tenant or Tenant's Representatives shall furnish has furnished to Landlord such additional plans, drawings, specifications and finish details as Landlord may reasonably request has requested to enable Landlord's architects and engineers, as applicable, engineers to prepare mechanical, electrical and plumbing plans and to prepare the Final Working Drawings, including, but not limited to, including a final telephone layout and special electrical connectionsconnection requirements, if any. All plans, drawings, specifications specifications, and other details describing the Work which have been, been or are hereafter, hereafter furnished by or on behalf of Tenant shall be subject to Landlord's approval, which approval Landlord agrees shall not be unreasonably withheld. Landlord shall not be deemed to have acted unreasonably if it withholds its approval of any plans, specifications, drawings or other details or of any Change Request Additional Work (hereafter as defined in Section 11 Paragraph 7 below) because, in Landlord's reasonable opinion, the work work, as described in any such item, or any Change Requestthe Additional Work, as the case may be: (a) is likely to adversely affect Building systems, the structure of the Building or the safety of the Building or and/or its occupants; (b) might impair Landlord's ability to furnish services to Tenant or other tenants in the Building; (c) might, in Landlord's sole opinion, adversely affect Landlord's ability to re-lease the Premises; (d) would increase the cost of operating the Building or the ParkBuilding; (de) would violate any applicable governmental, administrative body's or agencies' governmental laws, rules, regulations, ordinances, codes rules or similar requirements ordinances (or interpretations thereof); (ef) contains or uses Hazardous Materialshazardous or toxic materials or substances; (fg) would adversely affect the appearance of the Building or the ParkBuilding; (gh) might adversely affect another tenant's premises or such other tenant's use and enjoyment of such premises; (hi) is prohibited by any ground lease affecting the Building, the Lot and/or the Park, any Recorded Matters Building or any mortgage, trust deed mortgage or other instrument encumbering the Building, the Lot and/or the Park; Building or (ij) is likely to be substantially delayed because of unavailability or shortage of labor or materials material necessary to perform such work or the difficulties or unusual nature of such work; (j) is not, at a minimum, in accordance with Landlord's Building Standards (defined below); or (k) would increase the Tenant Improvement Costs (defined in Section 9 below) by more than ten percent (10%) from the cost originally estimated and anticipated by the parties. The foregoing reasons, however, shall not be the only reasons for which Landlord may withhold its approval, whether or not such other reasons are similar or dissimilar to the foregoing. Neither the approval by Landlord of the Work or the Initial Plans Plan or any other plans, specificationsdrawings, drawings specifications or other items associated with the Work nor Landlord's performance, supervision or monitoring of the Work shall constitute any warranty or covenant by Landlord to Tenant of the adequacy of the design for Tenant's intended use of the Premises. Tenant agrees to, and does hereby, assume full and complete responsibility to ensure that the Work and the Approved Final Drawings are adequate to fully meet the needs and requirements of Tenant's intended operations of its business within the Premises and Tenant's use of the Premises.
Appears in 1 contract
Samples: Lease Agreement (Sauer Inc)
Tenant’s Initial Plans; the Work. Tenant desires Landlord to perform -------------------------------- certain Tenant Improvements leasehold improvement work in the Premises. The Tenant Improvements shall be Premises in substantial accordance with the plan(s) and scope of work plan or plans (collectively, the "Initial PlansPlan") which will be prepared by Legacy Partners CDSXxxxxxxxx Design Group dated TBD and last revised _________________________, Inc. after the parties meet and confer to agree upon a scope copy or copies of work immediately after execution of this Lease. Within fifteen (15) business days from the date Landlord and Tenant meet to discuss the scope of work, Landlord shall deliver to Tenant the Initial Plans. A copy of the Initial Plans shall be which is/are attached hereto as Schedule 1, as soon as practicable thereafter. Such work, as shown in the Initial Plans Plan and as more fully detailed in the Approved Final Working Drawings (as defined and described in Section 4 Paragraph 2 below), shall be hereinafter referred to as the "Work". Not later than five (5) days after the Initial Plans are prepared and delivered to TenantSept. 6, 1996 , Tenant or Tenant's Representatives shall furnish to Landlord such additional plans, drawings, . specifications and finish details as Landlord may reasonably request to enable Landlord's architects artchitects and engineers, as applicable, engineers to prepare mechanical, electrical and plumbing plans and to prepare the Final Working Drawings, including, but not limited to, including a final telephone layout and special electrical connectionsconnection requirements, if any. All plans, drawings, specifications and other details describing the Work which have been, been or are hereafter, hereafter furnished by or on behalf of Tenant shall be subject to Landlord's approval, which approval Landlord agrees shall not be unreasonably withheld. Landlord shall not be deemed to have acted unreasonably if it withholds its approval of any plans, specifications, drawings or other details or of any Change Request Additional Work (hereafter as defined in Section 11 Paragraph 7 below) because, in Landlord's reasonable opinion, the work work, as described in any such item, or any Change Requestthe Additional Work, as the case may be: (a) is likely to adversely affect Building systems, the structure of the Building or the safety of the Building or and/or its occupants; (b) might impair Landlord's ability to furnish services to Tenant or other tenants in the Building; (c) would increase the cost of operating the Building or the ParkBuilding; (d) would violate any applicable governmental, administrative body's or agencies' governmental laws, rules, regulations, ordinances, codes rules or similar requirements ordinances (or interpretations thereof); , (e) contains or uses Hazardous Materialshazardous or toxic materials or substances; (f) would adversely affect the appearance of the Building or the ParkBuilding; (g) might adversely affect another tenant's premises or such other tenant's use and enjoyment of such premises; , (h) is prohibited by any ground lease affecting the Building, the Lot and/or the Park, any Recorded Matters Building or any mortgage, trust deed or other instrument encumbering the Building, the Lot and/or the Park; or (i) is likely to be substantially delayed because of unavailability or shortage of labor or materials necessary to perform such work or the difficulties or unusual nature of such work; (j) is not, at a minimum, in accordance with Landlord's Building Standards (defined below); or (k) would increase the Tenant Improvement Costs (defined in Section 9 below) by more than ten percent (10%) from the cost originally estimated and anticipated by the parties. The foregoing reasons, however, shall not be the only reasons for which Landlord may withhold its approval, whether or not such other reasons are similar or dissimilar to the foregoing. Neither the approval by Landlord of the Work or the Initial Plans Plan or any other plans, specificationsdrawings, drawings specifications or other items associated with the Work nor Landlord's performance, supervision or monitoring of the Work shall constitute any warranty or covenant by Landlord to Tenant of the adequacy of the design for Tenant's intended use of the Premises. Tenant agrees to, and does hereby, assume full and complete responsibility to ensure that the Work and the Approved Final Drawings are adequate to fully meet the needs and requirements of Tenant's intended operations of its business within the Premises and Tenant's use of the Premises.SEE ATTACHED LEASE RIDER FOR ADDED MATERIAL
Appears in 1 contract
Tenant’s Initial Plans; the Work. Tenant desires Landlord to perform -------------------------------- certain Tenant Improvements in the Premises. The Tenant Improvements shall be Premises in substantial accordance with the plan(s) and or scope of work (collectively, the "Initial Plans") which will shall be ------------- prepared by Legacy Partners CDS, Inc. after the parties meet Lincoln Property Company Planning Department and confer to agree upon a scope of work immediately after execution of this Lease. Within fifteen (15) business days from the date approved by Tenant and Landlord and Tenant meet to discuss the scope of work, Landlord shall deliver to Tenant the Initial Plans. A copy of the Initial Plans shall be attached hereto as Schedule 1, as soon as practicable thereafterand made a part hereof. Such ---------- work, as shown in the Initial Plans and as more fully detailed in the Approved Final Drawings (as defined and described in Section 4 below), shall be hereinafter referred to as the "Work". Not later than five (5) days after the Initial Plans are prepared and delivered to TenantMarch 12, 1996, Tenant or and/or Tenant's ---- Representatives shall furnish to Landlord such additional plans, drawings, specifications and finish details as Landlord may reasonably request to enable Landlord's architects and engineers, as applicable, to prepare mechanical, electrical and plumbing plans and to prepare the Final Drawings, including, but not limited to, a final telephone layout and special electrical connections, if any. The cost of the working drawings shall be reasonable and competitive. All plans, drawings, specifications and other details describing the Work which have been, or are hereafter, furnished by or on behalf of Tenant shall be subject to Landlord's approval, which approval shall not be unreasonably withheld. Landlord shall not be deemed to have acted unreasonably if it withholds its approval of any plans, specifications, drawings or other details or of any Change Request (hereafter defined in Section 11 below) because, in Landlord's reasonable opinion, the work as described in any such item, or any Change Request, as the case may be: (a) is likely to materially adversely affect Building systems, the structure of the Building or the safety of the Building or and/or its occupants; (b) might would impair Landlord's ability to furnish services to Tenant or other tenants in the Building; (c) would increase the cost of operating the Building or the Park; (d) would violate any applicable governmental, administrative body's or agencies' laws, rules, regulations, ordinances, codes or similar requirements (or interpretations thereof); (e) contains or uses Hazardous Materials; (f) would adversely affect the appearance of the Building or the Park; (g) might would materially adversely affect another tenant's premises or such other tenant's use and enjoyment of such premises; (h) is prohibited by any ground lease affecting the Building, the Lot and/or the Park, any Recorded Matters or any mortgage, trust deed or other instrument encumbering the Building, the Lot and/or the Park; (i) is likely to be substantially delayed because of unavailability or shortage of labor or materials necessary to perform such work or the difficulties or unusual nature of such work; (j) is not, at a minimum, in accordance with Landlord's Building Standards (defined below); , or (k) would increase the Tenant Improvement Costs (defined in Section 9 below) by more than ten ------- fifteen percent (1015%) from the cost originally estimated and anticipated by the ----- parties. The foregoing reasons, however, shall not be the only reasons for which Landlord may withhold its approval, whether or not such other reasons are similar or dissimilar to the foregoing. Neither the approval by Landlord of the Work or the Initial Plans or any other plans, specifications, drawings or other items associated with the Work nor not Landlord's performance, supervision or monitoring of the Work shall constitute any warranty or covenant by Landlord to Tenant of the adequacy of the design for Tenant's intended use of the Premises. Tenant agrees to, and does hereby, assume full and complete responsibility to ensure that the Work and the Approved Final Drawings are adequate to fully meet the needs and requirements of Tenant's intended operations of its business within the Premises and Tenant's use of the Premises.
Appears in 1 contract
Samples: Assignment and Assumption of Lease (Nuance Communications)
Tenant’s Initial Plans; the Work. Tenant desires Landlord to perform --------------------------------- certain Tenant Improvements leasehold improvement work in the Premises. The Tenant Improvements shall be Premises in substantial accordance with the plan(s) and scope of work plan or plans (collectively, the "Initial PlansPlan") which will to be prepared by Legacy Partners CDS, Inc. after the parties meet and confer to agree upon a scope of work immediately after execution of this Lease. Within fifteen (15) business days from the date Landlord and Tenant meet to discuss the scope of work, Landlord shall deliver to Tenant the Initial Plans. A copy of the Initial Plans shall be attached hereto as Schedule 1, as soon as practicable thereafterRenessance 3 Architects. Such work, as shown in the Initial Plans Plan and as more fully detailed in the Approved Final Working Drawings (as defined and described in Section 4 Paragraph 2 below), shall be hereinafter referred to as the "Work". Not later than five (5) days after the Initial Plans are prepared and delivered to TenantJune 14, 2000, Tenant or Tenant's Representatives shall furnish to Landlord such additional plans, drawings, specifications and finish details as Landlord may reasonably request to enable Landlord's architects and engineers, as applicable, engineers to prepare mechanical, electrical and plumbing plans and to prepare the Final Working Drawings, including, but not limited to, including a final telephone layout and special electrical connectionsconnection requirements, if any. All plans, drawings, specifications and other details describing the Work which have been, been or are hereafter, hereafter furnished by or on behalf of Tenant shall be subject to Landlord's approval, which approval Landlord agrees shall not be unreasonably withheld. Landlord shall not be deemed to have acted unreasonably if it withholds its approval of any plans, specifications, drawings or other details or of any Change Request Additional Work (hereafter as defined in Section 11 Paragraph 7 below) because, in Landlord's reasonable opinion, the work work, as described in any such item, or any Change Requestthe Additional Work, as the case may be: (a) is likely to adversely affect Building systems, the structure of the Building or the safety of the Building or and/or its occupants; (b) might impair Landlord's ability to furnish services to Tenant or other tenants in the Building; (c) would increase the cost of operating the Building or the ParkBuilding; (d) would violate any applicable governmental, administrative body's or agencies' governmental laws, rules, regulations, ordinances, codes rules or similar requirements ordinances (or interpretations thereof); (e) contains or uses Hazardous Materialshazardous or toxic materials or substances; (f) would adversely affect the appearance of the Building or the ParkBuilding; (g) might adversely affect another tenant's premises or such other tenant's use and enjoyment of such premises; (h) is prohibited by any ground lease affecting the Building, the Lot and/or the Park, any Recorded Matters Building or any mortgage, trust deed or other instrument encumbering the Building, the Lot and/or the Park; or (i) is likely to be substantially delayed because of unavailability or shortage of labor or materials necessary to perform such work or the difficulties or unusual nature of such work; (j) is not, at a minimum, in accordance with Landlord's Building Standards (defined below); or (k) would increase the Tenant Improvement Costs (defined in Section 9 below) by more than ten percent (10%) from the cost originally estimated and anticipated by the parties. The foregoing reasons, however, shall not be the only reasons for which Landlord may withhold its approval, whether or not such other reasons are similar or dissimilar to the foregoing. Neither the approval by Landlord of the Work or the Initial Plans Plan or any other plans, specificationsdrawings, drawings specifications or other items associated with the Work nor Landlord's performance, supervision or monitoring of the Work shall constitute any warranty or covenant by Landlord to Tenant of the adequacy of the design for Tenant's intended use of the Premises. Tenant agrees to, and does hereby, assume full and complete responsibility to ensure that the Work and the Approved Final Drawings are adequate to fully meet the needs and requirements of Tenant's intended operations of its business within the Premises and Tenant's use of the Premises.
Appears in 1 contract
Samples: Office Lease (Igate Capital Corp)
Tenant’s Initial Plans; the Work. Tenant desires Landlord to shall perform certain Tenant Improvements leasehold improvement work in the Premises. The Tenant Improvements shall be 4th & 5th Floor Space in substantial accordance with the plan(s) and scope of work plan or plans (collectively, the "Initial PlansINITIAL PLAN") which will be prepared by Legacy Partners CDSLundxxxx Xxxign dated and last revised , Inc. after the parties meet and confer to agree upon a scope copy or copies of work immediately after execution of this Lease. Within fifteen (15) business days from the date Landlord and Tenant meet to discuss the scope of work, Landlord shall deliver to Tenant the Initial Plans. A copy of the Initial Plans shall be which is/are attached hereto as Schedule "1, as soon as practicable thereafter". Such work, as shown in the Initial Plans Plan and as more fully detailed in the Approved Final Working Drawings (as defined and described in Section 4 Paragraph 2 below), shall be hereinafter referred to as the "WorkFOURTH/FIFTH FLOOR TENANT IMPROVEMENTS". Not later than five Prior to commencing the Fourth/Fifth Floor Tenant Improvements, Tenant shall furnish Landlord with working drawings, (5"WORKING DRAWINGS") days after consistent with the Initial Plans are prepared and delivered to Tenant, Tenant or Tenant's Representatives shall furnish to Landlord such additional plans, drawings, specifications and finish details as Landlord may reasonably request to enable Landlord's architects and engineers, as applicable, to prepare mechanical, electrical and plumbing plans and to prepare the Final Drawings, including, but not limited to, a final telephone layout and special electrical connections, if anyPlan. All plans, drawings, specifications and other details describing the Work Fourth/Fifth Floor Tenant Improvements which have been, been or are hereafter, hereafter furnished by or on behalf of Tenant shall be subject to Landlord's approval, which approval shall not be unreasonably withheld, conditioned or delayed. Landlord shall not be deemed to have acted unreasonably if it withholds its approval of any plans, specifications, drawings or other details or of any Change Request Additional Fourth/Fifth Floor Tenant Improvements (hereafter as defined in Section 11 Paragraph 7 below) because, in Landlord's reasonable opinion, the work work, as described in any such item, or any Change Requestthe Additional Fourth/Fifth Floor Tenant Improvements, as the case may be: (a) is likely to adversely affect Building systems, the structure of the Building or the safety of the Building or its and/or their occupants; (b) might impair Landlord's ability to furnish services to Tenant or other tenants in the Building; (c) would increase the cost of operating the Building or the Park; (d) would violate any applicable governmental, administrative body's or agencies' governmental laws, rules, regulations, ordinances, codes rules or similar requirements ordinances (or interpretations thereof); (ed) contains or uses Hazardous Materials; hazardous or toxic materials or substances (fexcept as customarily used or contained in similar 1 November 22, 1999 (1:10pm) would adversely affect the appearance of the Building or the Park; (g) might adversely affect another tenant's premises or such other tenant's use and enjoyment of such premises; (h) is prohibited by any ground lease affecting the Building, the Lot and/or the Park, any Recorded Matters or any mortgage, trust deed or other instrument encumbering the Building, the Lot and/or the Park; (i) is likely to be substantially delayed because of unavailability or shortage of labor or materials necessary to perform such work or the difficulties or unusual nature of such work; (j) is not, at a minimum, in accordance with Landlord's Building Standards (defined below); or (k) would increase the Tenant Improvement Costs (defined in Section 9 below) by more than ten percent (10%) from the cost originally estimated and anticipated by the parties. The foregoing reasons, however, shall not be the only reasons for which Landlord may withhold its approval, whether or not such other reasons are similar or dissimilar to the foregoing. Neither the approval by Landlord of the Work or the Initial Plans or any other plans, specifications, drawings or other items associated with the Work nor Landlord's performance, supervision or monitoring of the Work shall constitute any warranty or covenant by Landlord to Tenant of the adequacy of the design for Tenant's intended use of the Premises. Tenant agrees to, and does hereby, assume full and complete responsibility to ensure that the Work and the Approved Final Drawings are adequate to fully meet the needs and requirements of Tenant's intended operations of its business within the Premises and Tenant's use of the Premises.63
Appears in 1 contract
Samples: Office Lease (Novo Mediagroup Inc)
Tenant’s Initial Plans; the Work. (i) Tenant desires Landlord to perform certain Tenant Improvements in initially construct the Premises. The Tenant Improvements shall be Phase I Premises in substantial accordance with the plan(s) and scope of work plan or plans (collectively, the "Initial PlansPlan") which will be prepared by Legacy Partners CDSXxxxxx Design Associates, Inc. after the parties meet and confer to agree upon P.A. dated February 21, 2000, a scope copy or copies of work immediately after execution of this Lease. Within fifteen (15) business days from the date Landlord and Tenant meet to discuss the scope of work, Landlord shall deliver to Tenant the Initial Plans. A copy of the Initial Plans shall be which is/are attached hereto as Schedule 1Schedules 1A, as soon as practicable thereafter1B and 1C respectively. Such work, as shown in the Initial Plans Plan and as more fully detailed in the Approved Final Working Drawings (as defined and described in Section 4 Paragraph 2 below), shall be hereinafter referred to as the "Work". Not later than five ten (510) days after the Initial Plans are prepared and delivered to TenantLandlord's written request, Tenant or Tenant's Representatives shall furnish to Landlord such additional plans, drawings, specifications and finish details as Landlord may reasonably request to enable Landlord's architects and engineers, as applicable, engineers to prepare mechanical, electrical plumbing and plumbing plans other necessary plans, to obtain building permits and to prepare the Final Working Drawings, including, but not limited to, including a final telephone layout and computer layouts and special electrical connectionsconnection requirements, if any. All plans, drawings, specifications and other details describing the Work which have been, been or are hereafter, hereafter furnished by or on behalf of Tenant shall be subject to Landlord's approval, which approval Landlord agrees shall not be unreasonably withheld. Landlord shall not be deemed to have acted unreasonably if it withholds its approval of any plans, specifications, drawings or other details or of any Change Request Additional Work (hereafter as defined in Section 11 Paragraph 7 below) because, in Landlord's reasonable opinion, the work work, as described in any such item, or any Change Requestthe Additional Work, as the case may be: (a) is likely to adversely affect Building systems, the structure of the Building or the safety of the Building or its occupants; (b) might impair Landlord's ability to furnish services to Tenant or other tenants in the Building; (c) would increase the cost of operating the Building or the Park; (d) would violate any applicable governmental, administrative body's or agencies' governmental laws, rules, regulations, ordinances, codes rules or similar requirements ordinances (or interpretations thereof); (eb) contains or uses Hazardous Materialshazardous or toxic materials or substances; (fc) would adversely affect the appearance or value of the Building or the Park; (g) might adversely affect another tenant's premises or such other tenant's use and enjoyment of such premises; (hbuilding;(d) is or would be prohibited by any ground lease affecting the Building, the Lot and/or the Park, any Recorded Matters building or any mortgage, trust deed or other instrument encumbering or which may encumber the Building, the Lot and/or the ParkPremises; (ie) is likely to adversely affect the Landlord's ability to relet, finance or sell the Premises, or (f) is likely to be substantially delayed because of unavailability or shortage of labor or materials necessary to perform such work or the difficulties or unusual nature of such work; (j) is not, at a minimum, in accordance with Landlord's Building Standards (defined below); or (k) would increase the Tenant Improvement Costs (defined in Section 9 below) by more than ten percent (10%) from the cost originally estimated and anticipated by the parties. The foregoing reasons, however, shall not be the only reasons for which Landlord may reasonably withhold its approval, whether or not such other reasons are similar or dissimilar to the foregoing. Neither the approval by Landlord of the Work or the Initial Plans Plan or any other plans, specificationsdrawings, drawings specifications or other items associated with the Work nor Landlord's performance, supervision or monitoring of the Work shall constitute any warranty or covenant by Landlord to Tenant of the adequacy of the design for Tenant's intended use of the Premises. Tenant agrees to.
(ii) At any time during the first five years of the initial Term of the Lease, and does herebyprovided the Tenant has not exercised its option to purchase the property, assume full the Tenant may elect by written notice to Landlord to require Landlord to construct the Phase II Premises. The Initial Plan will be prepared by Landlord within sixty (60) days after receipt of the said notice. Thereafter, the procedure for construction and complete responsibility other matters shall proceed in the same manner as the Phase I Premises in accordance with this Build-to-Suit Work Letter.
(iii) If the Tenant elects to ensure that proceed with Phase II after the Work and expiration of the Approved Final Drawings are adequate initial five years of the Lease, Landlord shall have the option but not the obligation to fully meet construct the needs and requirements premises. Within sixty (60) days following receipt of written notice of Tenant's intended operations of its business within the Premises and Tenant's use of the Premises.election to proceed with Phase II, Landlord shall notify Tenant in
Appears in 1 contract
Samples: Single Tenant Building Lease (Sri Surgical Express Inc)
Tenant’s Initial Plans; the Work. Tenant desires Landlord to perform certain Tenant Improvements in the Premises. The Tenant Improvements shall be Premises in substantial accordance with the plan(s) and or scope of work (collectively, the "“Initial Plans"”) which will be prepared by Legacy Partners CDS, Inc. after the parties meet dated December 5, 2003 and confer to agree upon last revised May 14, 2004, a scope of work immediately after execution of this Lease. Within fifteen (15) business days from the date Landlord and Tenant meet to discuss the scope of work, Landlord shall deliver to Tenant the Initial Plans. A copy of the Initial Plans shall be which is attached hereto as Schedule 1, as soon as practicable thereafterand made a part hereof. Such work, as shown in the Initial Plans and as more fully detailed in the Approved Final Drawings (as defined and described in Section 4 below), shall be hereinafter referred to as the "“Work"”. Not later than five (5) days after the Initial Plans are prepared and delivered to TenantJune 25, 2004, Tenant or and /or Tenant's ’s Representatives shall furnish to Landlord such additional plans, drawings, specifications and finish details as Landlord may reasonably request to enable Landlord's ’s architects and engineers, as applicable, to prepare mechanical, electrical and plumbing plans and to prepare the Final Drawings, including, but not limited to, a final telephone layout and special electrical connections, if any. All plans, drawings, specifications and other details describing the Work which have been, or are hereafter, furnished by or on behalf of Tenant shall be subject to Landlord's ’s approval, which approval shall not be unreasonably withheld. Landlord shall not be deemed to have acted unreasonably if it withholds its approval of any plans, specifications, drawings or other details or of any Change Request (hereafter defined in Section 11 below) because, in Landlord's ’s reasonable opinion, the work as described in any such item, or any Change Request, as the case may be: (a) is likely to adversely affect Building systems, the structure of the Building or the safety of the Building or and/or its occupants; (b) might impair Landlord's ’s ability to furnish services to Tenant or other tenants in the Building; (c) would increase the cost of operating the Building or the Park; (d) would violate any applicable governmental, administrative body's ’s or agencies' ’ laws, rules, regulations, ordinances, codes or similar requirements (or interpretations thereof); (e) contains or uses Hazardous Materials; (f) would adversely affect the appearance of the Building or the Park; (g) might adversely affect another tenant's ’s premises or such other tenant's ’s use and enjoyment of such premises; (h) is prohibited by any ground lease affecting the Building, the Lot and/or the Park, any Recorded Matters or any mortgage, trust deed or other instrument encumbering the Building, the Lot and/or the Park; (i) is likely to be substantially delayed because of unavailability or shortage of labor or materials necessary to perform such work or the difficulties or unusual nature of such work; or (j) is not, at a minimum, in accordance with Landlord's ’s Building Standards (defined below); or (k) would increase the Tenant Improvement Costs (defined in Section 9 below) by more than ten percent (10%) from the cost originally estimated and anticipated by the parties. The foregoing reasons, however, shall not be the only reasons for which Landlord may withhold its approval, whether or not such other reasons are similar or dissimilar to the foregoing. Neither the approval by Landlord of the Work or the Initial Plans or any other plans, specifications, drawings or other items associated with the Work nor Landlord's ’s performance, supervision or monitoring of the Work shall constitute any warranty or covenant by Landlord to Tenant of the adequacy of the design for Tenant's ’s intended use of the Premises. Tenant agrees to, and does hereby, assume full and complete responsibility to ensure that the Work and the Approved Final Drawings are adequate to fully meet the needs and requirements of Tenant's ’s intended operations of its business within the Premises and Tenant's ’s use of the Premises.
Appears in 1 contract
Tenant’s Initial Plans; the Work. Tenant desires Landlord to perform certain Tenant Improvements in the Premises. The Tenant Improvements shall be in substantial accordance with the plan(s) and scope of work (collectively, the "Initial Plans") which will be prepared by Legacy Partners CDS, Inc. an architect to be selected by Tenant (“Tenant’s Architect”) after the parties meet and confer to agree upon a scope of work immediately after execution of this Lease. Tenant’s Architect shall be licensed and shall carry errors and omissions insurance in amounts not less than $1,000,000 per occurrence and $1,000,000 aggregate, with a deductible of not greater than $25,000 and workers’ compensation insurance as required by law. Within fifteen (15) business days from the date Landlord and Tenant meet to discuss the scope of work, Landlord Tenant shall deliver to Tenant Landlord two complete sets of the Initial Plans. A copy of the Initial Plans shall be attached hereto as Schedule 1, as soon as practicable thereafter. Such work, as shown in the Initial Plans and as more fully detailed in the Approved Final Drawings (as defined and described in Section Paragraph 4 below), shall be hereinafter referred to as the "Work". The Initial Plans shall be in compliance with all codes, rules, regulations and orders applicable to the Work and Tenant’s Use of the Premises, including without limitation the Americans with Disabilities Act of 1990 (Pub. L. No. 101-336, 104 Stat. 327), as amended, Title 24 of the California Administrative Code, as amended, including without limitation any and all of its access, and labor, energy and economy, requirements, all Applicable Requirements for Hazardous Substances as defined in Paragraphs 6.2(a) and 6.3 of the Lease, Title 28 of the Code of Federal Regulations, Part 36, and any and all applicable rules, regulations and requirements promulgated thereunder or under any similar applicable laws, ordinances, rules, regulations and orders (collectively, the “Laws”). Not later than five ten (510) days after the Initial Plans are prepared and delivered to TenantLandlord, Tenant or Tenant's Representatives shall furnish to Landlord such additional plans, drawings, specifications and finish details (“Additional Details”) as Landlord may reasonably request to enable Landlord's architects and architects, engineers, and other representatives, as applicableapplicable (“Landlord’s Representatives”), to prepare review such Initial Plans. Within ten (10) business days after Landlord has received the Additional Details, Landlord shall inform Tenant of its approval, or of its decision not to approve, the Initial Plans. Landlord’s approval shall not be unreasonably withheld or delayed. If Landlord decides not to approve the Initial Plans, as supplemented by the Additional Details, Landlord shall inform Tenant of its objections to the Initial Plans, and within ten (10) days thereafter Tenant shall deliver to Landlord such additional plans, drawings, specifications and finish details as Landlord reasonably requires to approve the Initial Plans. Upon Landlord’s approval of the Initial Plans, Tenant shall commence preparation of mechanical, electrical and plumbing plans and to prepare the Final Drawings, including, but not limited to, a final telephone layout and special electrical connections, if any. All plans, drawings, specifications and other details describing the Work which have been, or are hereafter, furnished by or on behalf of Tenant shall be subject to Landlord's approval, which approval shall not be unreasonably withheldwithheld or delayed. Landlord shall not be deemed to have acted unreasonably if it withholds its approval of any plans, specifications, drawings or other details or of any Change Request (hereafter defined in Section 11 Paragraph 10 below) because, in Landlord's reasonable reasonable, good faith opinion, the work as described in any such item, or any Change Request, as the case may be: (a) is likely to adversely affect Building systems, the structure of the Building or the safety of the Building or its occupants; (b) might impair Landlord's ability to furnish services to Tenant or other tenants in the Building; (c) would increase the cost of operating the Building or the ParkCorporate Center; (d) would violate any applicable governmentalLaws or might require Landlord to make any alterations or improvements to bring the Premises, administrative body's Building or agencies' laws, rules, regulations, ordinances, codes or similar requirements (or interpretations thereof)Corporate Center into compliance with any such Laws; (e) contains or uses Hazardous MaterialsSubstances (as defined in the Lease); (f) would adversely affect the appearance of the Building or the ParkCorporate Center; (g) might adversely affect another tenant's premises or such other tenant's use and enjoyment of such premises; (h) is prohibited by any currently existing ground lease affecting the Building, the Lot and/or the ParkCorporate Center, any currently existing Recorded Matters or any currently existing mortgage, trust deed or other instrument encumbering the Building, the Lot and/or the ParkCorporate Center; (i) is likely to be substantially delayed because of unavailability or shortage of labor or materials necessary to perform such work or the difficulties or unusual nature of such work; (j) is not, at a minimum, in accordance with Landlord's Building Standards (defined below); or (k) would increase likely cause a labor strike or disturbance at the Tenant Improvement Costs (defined in Section 9 below) by more than ten percent (10%) from the cost originally estimated and anticipated by the partiesCorporate Center. The foregoing reasons, however, shall not be the only reasons for which Landlord may withhold its approval, whether or not such other reasons are similar or dissimilar to the foregoing. Neither the approval by Landlord of the Work or the Initial Plans or any other plans, specifications, drawings or other items associated with the Work nor Landlord's performance, the supervision or monitoring of the Work by Landlord or Landlord’s Representatives shall constitute any warranty or covenant by Landlord to Tenant of the adequacy of the design for Tenant's intended use of the Premises. Tenant agrees to, and does hereby, assume full and complete responsibility to ensure ensure, that the Work and the Approved Final Drawings are adequate to fully meet and comply with the needs and requirements of Tenant's intended operations of its business within the Premises and Premises, Tenant's use Use of the Premises, the Work Permits (defined below) and any and all Laws relating and applying thereto, and represents and warrants that upon Substantial Completion (defined below), the Work shall meet and comply with all such needs and requirements, Tenant’s Use, and all such Laws.
Appears in 1 contract
Samples: Industrial Lease (Abgenix Inc)