Tenants Selection of Contractors. Tenant hereby agrees to the retention by Landlord of Erland Construction, Inc., on behalf of Tenant, for the construction of the Tenant Improvements ("Contractor"). Tenant further agrees that Contractor will be retained on a construction management basis at a fee equal to three and nine-tenths percent (3.9%) of the cost of Tenant Improvements. Contractor shall retain only subcontractors designated by Landlord in connection with any structural, fire sprinkler, or heating, air-conditioning or ventilation work to be performed in the Premises or for any work to be done to the Base Building or the Building Systems.
Tenants Selection of Contractors. (a) A general contractor shall be retained by Tenant to construct the Tenant Work. Such general contractor ("Contractor") shall be selected by Tenant provided that Tenant select a reputable, qualified general contractor subject to Landlord’s approval (which approval Landlord agrees not to unreasonably withhold, condition or delay). Should Landlord fail to approve or deny the Tenant’s selected Contractor within three (3) business days of notice, such Contractor shall be deemed approved by Landlord.
Tenants Selection of Contractors. (a) Tenant shall select a qualified general contractor for the Construction of the Improvements (the “Contractor”). The Contractor shall be experienced in the construction of tenant improvements similar to the Improvements in similar buildings under similar circumstances. In addition, the Contractor shall be financially solvent and, if reasonably requested by Landlord, shall provide a completion bond for the construction of the Improvements. If Landlord requests a completion bond, such bond will be paid by the Landlord at its sole cost and expense, and not from the Improvement Allowance. Landlord shall have the right to approve the Contractor, in Landlord’s reasonable discretion; provided that if Tenant requests Landlord’s consent to a list of one or more Contractors to whom Tenant intends to submit the Construction Drawings as part of Tenant’s requests for proposals or solicitation of negotiated bids (the “Contractor List”), then Tenant may rely upon Landlord’s pre-approval of any of the contractors set forth in such Landlord-approved (or deemed approved) Contractor List in retaining the Contractor from such list without separate Landlord approval of the Contractor so selected. If Landlord fails to approve or disapprove any of the contractors on Contractor List within five (5) business days after Tenant provides such list to Landlord, with all of the information Landlord has reasonably requested concerning one or more of the contractors listed on the Contractor List, Landlord shall be deemed to have approved all of the contractors contained on such list from whom the Contractor may be selected by Tenant.
Tenants Selection of Contractors. A general contractor (“Contractor”) selected by Tenant in Tenant’s sole discretion shall be retained by Tenant to construct the Tenant Improvements.
Tenants Selection of Contractors. Landlord's initials /s/ K.W. Tenant's initials _______________ EXHIBIT B CHINA BASINFifth AmendmentLyft, Inc.
Tenants Selection of Contractors. Tenant shall retain Landlord’s contractor, Commerce Construction Co., L.P. (the “Contractor”), as general contractor for the performance of the Work.
Tenants Selection of Contractors. Tenant shall retain M&H Enterprises, Inc., a Nevada corporation doing business as Xxxxxx-Xxxxxx Construction (the “Contractor”), as general contractor for the performance of the Work.
Tenants Selection of Contractors. Tenant shall retain a licensed general contractor with at least five (5) years experience as a licensed general contractor in good standing, and who is bondable (the "Contractor"), as contractor for the construction of the Tenant Improvements, which Contractor shall be approved by Landlord. The Contractor and all subcontractors shall be licensed by the Department of Consumer Affairs Contractors State License Board, State of California.
Tenants Selection of Contractors. Tenant’s Contractor (“Tenant’s Contractor”) shall provide evidence that: (i) it/he/she is licensed with the State of Nevada, (ii) it/he/she is bonded, to the satisfaction of the Landlord, and (iii) it/he/she has at least 5 years previous experience in the construction of commercial improvements. Any contractor (including Tenant’s Contractor) must be agreed upon by both the Tenant and Landlord and said agreement shall not be unreasonably withheld by Landlord. Tenant’ Contractors and sub-contractors need not be members of any trade unions.
Tenants Selection of Contractors i) The Contractor. Tenant hereby appoints Xxxxxx Services, Inc., (the "Construction Manager") to manage the construction of the Tenant Improvements. The Construction Manager shall retain Burger Construction (the "Contractor") to construct the Tenant Improvements; provided, however, in the event Burger Construction provides a cost proposal to Tenant which sets forth (i) anticipated profits in excess of five percent (5%) of such cost proposal, or (ii) the cost of insurance in excess of one percent (1%) of such cost proposal, then Tenant shall be allowed to select an alternative contractor (in which event such alternative contractor selected by Tenant shall be thereafter deemed the Contractor) from a list of general contractors supplied by Landlord. Landlord hereby indemnifies and holds Tenant and the Tenant Parties harmless from any and all loss, cost, damage, expense and liability (including without limitation court costs and reasonable attorneys' fees) incurred in connection with or arising from the negligence or willful misconduct of the Construction Manager on or within the Premises during the construction of the Tenant Improvements; provided, however, nothing in this Section 4.1.1 shall be interpreted to impose any obligations on Landlord to be responsible or liable for consequential damages.
