Common use of Tenant’s Initial Work Clause in Contracts

Tenant’s Initial Work. Subject to the provisions of the Work Letter, Landlord understands that Tenant may wish to make certain alterations and improvements to the Premises at the start of the Term so as to originally configure the Premises for Tenant’s intended uses (such work the “Tenant’s Initial Work”). Tenant has provided Landlord with conceptual plans and a general budget for Tenant’s Initial Work, copies of which are attached hereto as Exhibit C. Tenant acknowledges and agrees that Landlord has not approved Tenant’s Initial Work, and that any such approval will be provided in a separate writing signed by Landlord. Landlord hereby consents to and approves Tenant’s use and engagement of both GRLA Architects and XX Xxxxx Construction (the “Approved Professionals”) to design and undertake to construct Tenant’s Initial Work. Landlord shall have the right to have its representative at the Premises at all times during the construction of the Tenant’s Initial Work to review and monitor the performance of same, and Tenant shall pay Landlord, within ten (10) days after Landlord’s written demand, a construction monitoring fee equal to one percent (1%) of the total hard costs of Tenant’s Initial Work. Landlord reserves the right to deduct such fee from the Improvement Allowance (as defined below). Prior to commencing any work on the Tenant’s Initial Work, Tenant shall submit a budget for the Tenant’s Initial Work, including all hard and soft costs such as and without limitation, all labor and materials, architectural, engineering, permitting, project management, and space planning fees (“Itemized Costs”) to Landlord for Landlord’s approval. Upon Landlord’s approval of such a budget, the same shall be referred to herein as the “Approved Budget”.

Tenant’s Initial Work. Subject Tenant and its employees, agents and contractors shall be permitted access to the provisions Demised Premises upon full execution and delivery of this Lease for the sole purpose of performing work and making installations in the Demised Premises in order to prepare same for Tenant's initial occupancy thereof, which shall include the installation of a building standard sprinkler system in the Demised Premises and the installation of sixty (60) tons of base building HVAC to service the Demised Premises ("Tenant's Initial Work"). All architectural, mechanical and engineering plans and all of Tenant's contractors shall be subject to Landlord's prior written approval which approval shall not be unreasonably withheld. Notwithstanding anything to the contrary contained in this Lease, Tenant shall be required to use the following subcontractors in connection with Tenant's Initial Work: (a) Simplex for fire/life safety systems, (b) Automated Building Controls, Inc. for the energy management system; and (c) Fairfield County Sprinkler for installation of the Work Letterbuilding standard sprinkler system. In addition, with respect to the installation of sixty (60) tons of base building HVAC to service the Demised Premises (specifically limited to providing (i) the HVAC units and the main trunk line into the Demised Premises with respect to the HVAC units to be installed within the core of the Demised Premises, and (ii) the HVAC units only (i.e. without the distribution system therefor) with respect to the HVAC units to be installed above the drop ceiling) (the "HVAC Work"), Landlord understands that will provide Tenant may wish with a list of the HVAC subcontractors from whom Tenant must solicit bids for the HVAC Work and, upon receipt of such bids, Tenant will promptly provide Landlord with copies thereof. After review of the bids for the HVAC Work, Landlord will have sole discretion to make certain alterations and improvements select the HVAC subcontractor which Tenant must select to perform the HVAC Work (which subcontractor need not necessarily be the low bidder). Any work relating to the Premises at HVAC system starting from the start end of the Term so main trunk line into the Demised Premises (with respect to the HVAC units to be installed within the core of the Demised Premises) and from the HVAC units themselves (with respect to the HVAC units to be installed above the drop ceiling) shall be bid out separately by Tenant. For avoidance of confusion, the parties acknowledge that the HVAC Work is being specifically defined herein in order to facilitate the calculation of the portion of the Tenant Improvement Allowance (as to originally configure the Premises for Tenant’s intended uses (such work the “Tenant’s Initial Work”). Tenant has provided defined in Exhibit D, Paragraph 6) payable by Landlord with conceptual plans respect to the HVAC Work. It is expressly acknowledged and agreed that with respect to the HVAC units to be installed as part of the HVAC Work above the drop ceiling (as opposed to in the core of the Demised Premises), the distribution system therefor will not be installed as part of the HVAC Work but, rather, will be installed as a general budget for separate component of Tenant’s Initial Work, copies of which are attached hereto as Exhibit C. Tenant acknowledges and agrees that Landlord has not approved Tenant’s 's Initial Work, and that any therefore the cost of such approval distribution system will not be provided included in a separate writing signed by Landlord. Landlord hereby consents to and approves Tenant’s use and engagement calculating the HVAC Work component of both GRLA Architects and XX Xxxxx Construction (the “Approved Professionals”) to design and undertake to construct Tenant’s Initial WorkTenant Improvment Allowance. Landlord shall have the right to have its representative at designate the Premises at all times during the construction specific types of HVAC units to be installed as part of the HVAC Work and the exact locations of all such HVAC units which will be installed within the core of the Demised Premises. All other HVAC units will be installed within the Demised Premises as part of the HVAC Work will be located above the drop ceiling to be installed in the Demised Premises as part of Tenant’s 's Initial Work to review and monitor the performance of same, and Tenant shall pay Landlord, within ten (10) days after Landlord’s written demand, a construction monitoring fee equal to one percent (1%) of the total hard costs of Tenant’s Initial Work. Landlord reserves the right to deduct such fee from the Improvement Allowance (in locations as defined below). Prior to commencing any work shown on the plans for Tenant’s 's Initial Work, which plans are subject to approval by Landlord in accordance with the terms of this Lease. All of Tenant's duties and obligations set forth in Article 14 with respect to Tenant's Work in general and in Exhibit D shall be applicable to and binding upon Tenant shall submit a budget for the with respect to Tenant’s 's Initial Work, including all hard and soft costs such as and without limitation, all labor and materials, architectural, engineering, permitting, project management, and space planning fees (“Itemized Costs”) to Landlord for Landlord’s approval. Upon Landlord’s approval of such a budget, the same shall be referred to herein as the “Approved Budget”.

Tenant’s Initial Work. Subject to the provisions of the Work Letter, Landlord understands 76.1. Tenant has advised Owner that Tenant may wish intends to make certain perform Tenant's Work consisting of alterations and improvements to the Premises at the start of the Term so as to originally configure build-out and prepare the Premises for Tenant’s intended uses 's initial use and occupancy thereof in accordance with this Lease (such work the “alterations and improvements are hereinafter referred to as "Tenant’s 's Initial Work”"). Tenant's contractor for the performance of Tenant's Initial Work shall be a reputable third party contractor reasonably satisfactory to Owner. Tenant's Initial Work shall be subject to Owner's approval of Tenant's Plans covering all aspects of Tenant's Initial Work (hereinafter, "Tenant's Initial Plans") pursuant to the provisions of Articles 3 and 44 above as well as all other applicable provisions of this Lease. Tenant has provided Landlord shall cause to be timely filed with conceptual plans and the New York City Department of Buildings a general budget for so-called "type 2" building permit application covering Tenant’s Initial Work, copies of which are attached hereto as Exhibit C. Tenant acknowledges and agrees that Landlord has not approved Tenant’s Initial Work, and that any such approval will be provided in a separate writing signed by Landlord. Landlord hereby consents to and approves Tenant’s use and engagement of both GRLA Architects and XX Xxxxx Construction (the “Approved Professionals”) to design and undertake to construct Tenant’s 's Initial Work. Landlord Tenant's Initial Work shall be performed with reasonable diligence in a good, workmanlike manner and otherwise subject to and strictly in accordance with the provisions of Articles 3 and 44 above as well as all other applicable provisions of this Lease. Owner shall have the right no obligations, responsibilities or liabilities of any nature whatsoever with regard to have its representative at the Premises at all times during the construction of the Tenant’s Initial Work to review and monitor the performance of same, and Tenant shall pay Landlord, within ten (10) days after Landlord’s written demand, a construction monitoring fee equal to one percent (1%) of the total hard costs of Tenant’s 's Initial Work. Landlord reserves Without limitation of the right foregoing, in no event shall Tenant assert any claims against Owner, or seek to deduct such fee from assert any offset, set-off or counterclaim against or with respect to any Rents due or to become due, arising out of any matter or thing relating to Tenant's Initial Work or the Improvement Allowance (as defined below). Prior to commencing any work on the performance thereof by Tenant’s Initial Work, Tenant shall submit a budget for the Tenant’s Initial Work, including all hard and soft costs such as and without limitation, all labor and materials, architectural, engineering, permitting, project management, and space planning fees (“Itemized Costs”) to Landlord for Landlord’s approval. Upon Landlord’s approval of no such a budgetclaim, the same offset, set-off or counterclaim shall be referred to herein as the “Approved Budget”valid or have any force or effect whatsoever.

Tenant’s Initial Work. Subject to the provisions of the Work Letter, Landlord understands that Tenant may wish to make certain alterations and improvements to the Premises at the start of the Term so as to originally configure the Premises for Tenant’s intended uses (such work the “Tenant’s Initial Work”). Tenant has provided Landlord with conceptual plans and a general budget for Tenant’s Initial Work, copies of which are attached hereto as Exhibit C. Tenant acknowledges and agrees that Landlord has not approved Tenant’s Initial Work, and that any such approval will be provided in a separate writing signed by Landlord. Landlord hereby consents to and approves Tenant’s use and engagement of both GRLA Architects and XX Xxxxx Construction (the “Approved Professionals”) to design and undertake to construct Tenant’s Initial Work. Landlord shall have the right to have its representative at construct certain improvements to the Premises at based on plans and specifications (the "Plans") approved by Landlord in accordance with all times during of the construction terms and conditions of the Lease (except that Section 13.1 of the Lease shall not apply with respect to the Tenant's Initial Work defined hereinafter, except as otherwise expressly provided below). Landlord's right to approve the Plans shall include, without limitation, the right to reasonably approve the method of installation and the location of the Tenant’s Initial Work to review and monitor the performance of same, and Tenant shall pay Landlord, within ten (10) days after Landlord’s written demand, a construction monitoring fee equal to one percent (1%) of the total hard costs of Tenant’s 's Initial Work. The Landlord reserves approval procedure set forth in Section 13.1 of the right Lease shall govern the time periods within which Landlord must respond to deduct Tenant's written requests for Landlord's approval of Tenant's Initial Work Plans. The "Tenant's Initial Work" shall consist of those items set forth on Schedule 1 attached hereto and made a part hereof. Tenant's Plans shall include such fee from the Improvement Allowance (items and information as defined below). Prior Landlord shall reasonably require to commencing any work on evaluate the Tenant’s 's Initial Work. Tenant shall use the Plans to obtain all permits and approvals which are necessary to construct the Tenant's Initial Work. All of the Tenant's Initial Work shall be constructed by a contractor or contractors reasonably approved by Landlord in a good and workmanlike manner and in accordance with all applicable laws, codes and regulations, including the Americans with Disabilities Act ("ADA"), and using materials reasonably satisfactory to Landlord. It is expressly agreed that (i) Tenant shall not commence any such work until said Plans have been approved or deemed approved by Landlord, and (ii) the Plans which have been so approved or deemed approved by Landlord shall be used by Tenant to obtain all permits that are necessary to construct the Tenant's Initial Work. Notwithstanding anything to the contrary contained in the Lease, Tenant shall submit a budget for be required to remove the Tenant’s 's Initial Work, including all hard and soft costs such as and without limitation, all labor and materials, architectural, engineering, permitting, project management, and space planning fees (“Itemized Costs”) to Landlord for Landlord’s approval. Upon Landlord’s approval Work upon the expiration or earlier termination of such a budget, the same shall be referred to herein as the “Approved Budget”Lease Term.