Common use of Tenant’s Work Performance Clause in Contracts

Tenant’s Work Performance. 4.5.1 If Tenant performs Tenant Alterations which cost more than $100,000.00 in the aggregate and which require a building permit to undertake, Landlord may, in its absolute discretion, require that Tenant provide a payment and performance bond to cover the entire work to be performed, which bond must be in form, amount and by a company reasonably acceptable to Landlord. Any Tenant Improvements or Tenant Alterations (including any Telecommunications Facilities and/or any telecommunications cabling or wiring, and any furniture installation), and any other work to be performed by Tenant shall be performed by contractors employed by Tenant under one or more construction contracts, in form and content approved in advance in writing by Landlord, such approval not to be unreasonably withheld, conditioned or delayed. With respect to any construction contracts for work to be performed on behalf of Tenant, such contracts shall include a requirement that the prime contractor and the respective subcontractors of any tier performing the Tenant Alterations: (a) be parties to, and bound by, a collective bargaining agreement with a labor organization affiliated with the Building and Construction Trades Council of the AFL-CIO or with an independent, nationally recognized labor organization or one of its affiliated local organizations applicable to the geographic area in which the Building is located and to the trade or trades in which the work under the contract is to be performed and (b) employ only members of such labor organizations to perform work within their respective jurisdictions (the “Contractor Requirements”). Tenant’s contractors, workers and suppliers shall work in harmony with and not interfere with workers or contractors of Landlord or other tenants of Landlord. If Tenant’s contractors, workers or suppliers do, in the opinion of Landlord, cause such disharmony or interference, Landlord’s consent to the continuation of such work may be withdrawn upon written notice to Tenant. All Tenant Alterations shall be (1) completed in accordance with the plans and specifications approved by Landlord; (2) completed in accordance with all Governmental Requirements (including without limitation all Access Laws); (3) carried out promptly in a good and workmanlike manner; (4) free of defect in materials and workmanship. Tenant shall pay for all damage to the Premises, Building and Land caused by Tenant or Tenant’s Agents; and (5) performed in strict conformity with valid building permits and other authorizations from appropriate governmental agencies, when required, which shall be obtained by Tenant, at Tenant’s expense. 4.5.2 In addition to the requirements set forth in subparagraph 4.5.1 above, Tenant shall use commercially reasonable efforts to contract for services to be performed in or about the Premises with Responsible Contractors (hereinafter defined). As used in this Lease, the term “Responsible Contractor” shall mean a contractor or subcontractor who pays workers a fair wage and Fair Benefits (hereinafter defined) as evidenced by payroll and employee records and who complies with the service-disabled veteran business (“SDV/BE”) policy. As used in this Lease, the term “Fair Benefits” shall mean employer-paid family health care coverage, pension benefits, and apprenticeship programs.

Appears in 2 contracts

Samples: Deed of Lease (Opower, Inc.), Deed of Lease (Opower, Inc.)

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Tenant’s Work Performance. 4.5.1 If Landlord elects to require Tenant performs to perform the Tenant Alterations, then the Tenant Alterations which cost more than $100,000.00 in the aggregate and which require a building permit to undertake, Landlord may, in its absolute discretion, require that Tenant provide a payment and performance bond to cover the entire work to be performed, which bond must be in form, amount and by a company reasonably acceptable to Landlord. Any Tenant Improvements or Tenant Alterations (including any Telecommunications Facilities and/or any telecommunications cabling or wiring, and any furniture installation), and any other work to be performed by Tenant shall be performed by contractors employed by Tenant under one or more construction contracts, in form and content approved in advance in writing by Landlord (which approval shall be subject to Landlord, such approval not to be unreasonably withheld, conditioned or delayed. With respect to any construction contracts for work to be performed on behalf of Tenant, such contracts shall 's discretion and may include a requirement that the prime contractor and the respective subcontractors of any tier performing the Tenant Alterationssubcontractors: (a) be parties to, and bound by, a collective bargaining agreement with a labor organization affiliated with the Building and Construction Trades Council of the AFL-CIO or with an independent, nationally recognized labor organization or one of its affiliated local organizations applicable to the geographic area in which the Building is located and to the trade or trades in which the work under the contract is to be performed and (b) employ only members of such labor organizations to perform work within their respective jurisdictions (the “Contractor Requirements”jurisdictions). Tenant’s 's contractors, workers and suppliers shall work in harmony with and not interfere with workers or contractors of Landlord or other tenants of Landlord. If Tenant’s 's contractors, workers or suppliers do, in the opinion of Landlord, cause such disharmony or interference, Landlord’s 's consent to the continuation of such work may be withdrawn upon written notice to Tenant. All Tenant Alterations shall be (1) completed in accordance with the plans and specifications approved by Landlord; (2) completed in accordance with all Governmental Requirements (including without limitation all Access Laws)Requirements; (3) carried out promptly in a good and workmanlike manner; (4) of all new materials; and (5) free of defect in materials and workmanship. Tenant shall pay for all damage to the Premises, Building and Land caused by Tenant or Tenant’s 's Agents; and (5) performed in strict conformity with valid building permits and other authorizations from appropriate governmental agencies, when required, which shall be obtained by Tenant, at Tenant’s expense. 4.5.2 In addition to the requirements set forth in subparagraph 4.5.1 above, . Tenant shall use commercially reasonable efforts to contract for services to be performed indemnify, defend and hold harmless Landlord and Landlord's Agents from any Claims arising as a result of any defect in design, material or about the Premises with Responsible Contractors (hereinafter defined). As used in this Lease, the term “Responsible Contractor” shall mean a contractor or subcontractor who pays workers a fair wage and Fair Benefits (hereinafter defined) as evidenced by payroll and employee records and who complies with the service-disabled veteran business (“SDV/BE”) policy. As used in this Lease, the term “Fair Benefits” shall mean employer-paid family health care coverage, pension benefits, and apprenticeship programsworkmanship of any Tenant Alterations.

Appears in 2 contracts

Samples: Lease (Integrated Information Systems Inc), Lease (Integrated Information Systems Inc)

Tenant’s Work Performance. 4.5.1 If Tenant performs elects to perform the Tenant Alterations which cost more than $100,000.00 in the aggregate and which require a building permit to undertakeAlterations, Landlord may, in its absolute discretion, require that Tenant provide a payment and performance bond to cover the entire work to be performed, which bond must be in form, amount and by a company reasonably acceptable to Landlord. Notwithstanding the foregoing, Landlord shall not require Tenant to obtain a payment and performance bond for any Permitted Alterations. Any Tenant Improvements or Tenant Alterations (including any Telecommunications Facilities and/or any telecommunications cabling or wiring, and any furniture installation), and any other work to be performed by Tenant under this paragraph shall be performed by contractors employed by Tenant under one or more construction contracts, in form and content approved in advance in writing by Landlord, such approval not . Approval shall be subject to be unreasonably withheld, conditioned or delayed. With respect to any construction contracts for work to be performed on behalf of Tenant, such contracts Landlord’s reasonable discretion and shall include a requirement that the prime contractor and the respective subcontractors of any tier performing the Tenant Alterations: (a) be parties to, and bound by, a collective bargaining agreement with a labor organization affiliated with the Building and Construction Trades Council of the AFL-CIO or with an independent, nationally recognized labor organization or one of its affiliated local organizations applicable to the geographic area in which the Building is located and to the trade or trades in which the work under the contract is to be performed and (b) employ only members of such labor organizations to perform work within their respective jurisdictions jurisdictions. The previous sentence shall apply whether it is Landlord or Tenant performing or contracting for any such alterations, additions, improvements or installations. Waivers or exceptions to the requirement in the third sentence of this paragraph may be given only in writing by Landlord. With the specific, prior written approval of Landlord, which may be withheld in Landlord’s sole and absolute discretion, in clause (a) of the “Contractor Requirements”)third sentence of this paragraph the following substitutions may be made: (1) a project labor agreement in place of a collective bargaining agreement, and (2) an independent, nationally recognized labor organization in place of a labor organization affiliated with the Building and Construction Trades Council of the AFL-CIO. Tenant’s contractors, workers and suppliers shall work in harmony with and not interfere with workers or contractors of Landlord or other tenants of Landlord. If Tenant’s contractors, workers or suppliers do, in the good faith opinion of Landlord, cause such disharmony or interference, Landlord’s consent to the continuation of such work may be withdrawn upon written notice to Tenant. All Tenant Alterations shall be (1) completed in accordance with the plans and specifications approved by Landlord; (2) completed in accordance with all Governmental Requirements (including without limitation all Access Laws)Requirements; (3) carried out promptly in a good and workmanlike manner; (4) of all new materials; and (5) free of defect in materials and workmanship. In addition to the above requirements, Tenant shall use commercially reasonable efforts to contract for services to be performed in or about the Premises with companies which are a Responsible Contractor. A “Responsible Contractor” is defined as a contractor or subcontractor who pays workers a fair wage and Fair Benefits as evidenced by payroll and employee records and who complies with a service-disabled veteran business policy. “Fair Benefits” are defined as including employer-paid family health care coverage, pension benefits, and apprenticeship programs. Any and all Tenant Alterations that affects at least fifty percent (50%) of the Premises will be performed in accordance with Landlord’s sustainability practices, (as same may be in effect or amended or supplemented from time to time) and any Green Agency Ratings, as the same may change from time to time. Tenant further agrees to engage a qualified third party LEED or Green Globe Accredited Professional or similarly qualified professional during the design phase through implementation of any Tenant Alterations covered by the preceding sentence, in order to review all plans, material procurement, demolition, construction and waste management procedures and Tenant shall endeavor to ensure that the foregoing are in full conformance with Landlord’s sustainability practices, as aforesaid. Tenant also shall endeavor to construct the Premises to certified LEED CI standards, and Tenant shall have the right to request descriptions of recent commissioning and energy audits that the Landlord has undertaken to understand and retrofit building systems to the green/sustainable level referenced above. Tenant shall pay for all damage to the Premises, Building and Land caused by Tenant or Tenant’s Agents; . Tenant shall indemnify, defend and hold harmless Landlord and Landlord’s Agents from any Claims arising as a result of the Tenant Alterations or any defect in design, material or workmanship of any Tenant Alterations, excluding Claims for defective workmanship (5but not design) performed in strict conformity with valid building permits if and other authorizations from appropriate governmental agencies, when required, which shall be obtained by Tenant, at Tenant’s expense. 4.5.2 In addition to the requirements set forth in subparagraph 4.5.1 above, Tenant shall use commercially reasonable efforts to contract for services to be extent that the Landlord performed in or about the Premises with Responsible Contractors (hereinafter defined). As used in this Lease, the term “Responsible Contractor” shall mean a contractor or subcontractor who pays workers a fair wage and Fair Benefits (hereinafter defined) as evidenced by payroll and employee records and who complies with the service-disabled veteran business (“SDV/BE”) policy. As used in this Lease, the term “Fair Benefits” shall mean employer-paid family health care coverage, pension benefits, and apprenticeship programswork.

Appears in 2 contracts

Samples: Gross Lease (Endurance International Group Holdings, Inc.), Gross Lease (Endurance International Group Holdings, Inc.)

Tenant’s Work Performance. 4.5.1 If Landlord elects to require Tenant performs to perform the Tenant Alterations which cost more than $100,000.00 in the aggregate and which require a building permit to undertake, Alterations; Landlord may, in its absolute discretion, require that Tenant provide a payment and performance bond to cover the entire work to be performed, which bond must be in form, amount and by a company reasonably acceptable to Landlord. Any Tenant Improvements or Tenant Alterations (including any Telecommunications Facilities and/or any telecommunications cabling or wiring, and any furniture installation), and any other work to be performed by Tenant under this paragraph shall be performed by contractors employed by Tenant under one or more construction contracts, in form and content approved in advance in writing by Landlord, such approval not . Approval shall be subject to be unreasonably withheld, conditioned or delayed. With respect to any construction contracts for work to be performed on behalf of Tenant, such contracts Landlord’s discretion and shall include a requirement that the prime contractor and the respective subcontractors of any tier performing the Tenant Alterations: (a) be parties to, and bound by, a collective bargaining agreement with a labor organization affiliated with the Building and Construction Trades Council of the AFL-CIO or with an independent, nationally recognized labor organization or one of its affiliated local organizations applicable to the geographic area in which the Building is located and to the trade or trades in which the work under the contract is to be performed and (b) employ only members of such labor organizations to perform work within their respective jurisdictions (the foregoing clauses (a) and (b) are collectively, the Contractor Union Requirements”). Notwithstanding anything to the contrary contained herein, in the event that Tenant is unable to locate union contractors and/or subcontractors in compliance with the foregoing, despite diligent efforts to do so, Tenant shall notify Landlord (which notification shall be accompanied with a disclosure by Tenant of the contractor or subcontractor, as applicable, which Tenant intends to use in lieu of a union contractor or subcontractor) and Landlord shall thereafter have a period of ten (10) Business Days in which to identify a union contractor or subcontractor to perform such work. In the event Landlord is able to identify a union contactor or subcontractor for such work, the union requirement set forth above shall remain intact and Tenant shall be obligated to utilize a union contractor or subcontractor, as applicable (although Tenant shall not be obligated to utilize that contractor or subcontractor identified by Landlord). In the event Landlord is not able, within such ten (10) Business Day period, to identify a union contractor or subcontractor (or fails to respond to Tenant within such ten (10) Business Day period), the Union Requirements shall be waived in respect of that particular work for which a union contractor or subcontractor is unavailable (but shall remain as to all other work hereunder). Tenant’s contractors, workers and suppliers performing Alterations (including Permitted Alterations) shall work in harmony with and not interfere with workers or contractors of Landlord or other tenants of Landlord. If Tenant’s contractors, workers or suppliers do, in the reasonable opinion of Landlord, cause such disharmony or interference, Landlord’s consent to the continuation of such work may be withdrawn upon written notice to Tenant. All Tenant Alterations shall be (1) completed in accordance with the plans and specifications approved by Landlord; (2) completed in accordance with all Governmental Requirements (including without limitation all Access Laws)Requirements; (3) carried out promptly in a good and workmanlike manner; (4) of all new materials; and (5) free of defect in materials and workmanship. In the event that Tenant performs any Permitted Alterations, the same also shall be performed solely by contractors which satisfy the Union Requirements. Tenant shall pay for all damage to the Premises, Building and Land caused by Tenant or Tenant’s Agents; and (5) performed in strict conformity with valid building permits and other authorizations from appropriate governmental agencies, when required, which shall be obtained by Tenant, at Tenant’s expense. 4.5.2 In addition to the requirements set forth in subparagraph 4.5.1 above, . Tenant shall use commercially reasonable efforts to contract for services to be performed indemnify, defend and hold harmless Landlord and Landlord’s Agents from any Claims arising as a result of any Tenant Alterations (including Permitted Alterations) or any defect in design; material or about the Premises with Responsible Contractors workmanship of any such Tenant Alterations (hereinafter definedincluding Permitted Alterations). As used in this Lease, the term “Responsible Contractor” shall mean a contractor or subcontractor who pays workers a fair wage and Fair Benefits (hereinafter defined) as evidenced by payroll and employee records and who complies with the service-disabled veteran business (“SDV/BE”) policy. As used in this Lease, the term “Fair Benefits” shall mean employer-paid family health care coverage, pension benefits, and apprenticeship programs.

Appears in 1 contract

Samples: Gross Lease (TNS Inc)

Tenant’s Work Performance. 4.5.1 If Tenant performs Tenant Alterations which cost more than $100,000.00 in the aggregate and which require a building permit to undertake, Landlord may, in its absolute discretion, require that Tenant provide a payment and performance bond to cover the entire work to be performed, which bond must be in form, amount and by a company reasonably acceptable to Landlord. Any Tenant Improvements or Tenant Alterations (including any Telecommunications Facilities and/or and any telecommunications cabling or wiring, and any furniture installation), and any other work to be performed by Tenant shall be performed by contractors employed by Tenant under one or more construction contracts, in form and content and approved in advance in writing by Landlord, such approval not to be unreasonably withheld, conditioned or delayed. With respect to any construction contracts for work to be performed on behalf of Tenant, such contracts shall include include, for the entire duration of the contract, a requirement that the prime contractor and the respective subcontractors of any tier performing the Tenant Alterationstier: (a1) be parties a party to, and or bound by, a collective bargaining agreement applicable to the geographic area in which the Land is located, applicable to the trade or trades in which the work under the contract is to be performed, and entered with a one or more labor organization organizations affiliated with the Building and Construction Trades Council Department of the AFL-CIO or with an independent, nationally recognized labor organization or one of its affiliated local organizations applicable to the geographic area in which the Building is located and to the trade or trades in which the work under the contract is to be performed locals and (b2) solely employ only members of such labor organizations to perform work within their respective jurisdictions (jurisdictions. The previous sentence shall apply whether it is Landlord or Tenant performing or contracting for any such alterations, additions, improvements or installations. Waivers or exceptions to the “Contractor Requirements”)requirement in this sentence may be given only in writing by Landlord. Tenant’s contractors, workers and suppliers shall work in harmony with and not interfere with workers or contractors of Landlord or other tenants of Landlord. If Landlord reasonably believes that Tenant’s contractors, workers or suppliers do, in the opinion of Landlord, will cause or are causing such disharmony or interference, Landlord’s consent to the continuation of such work may be withdrawn upon written notice to TenantTenant and such work shall cease. All Tenant Alterations shall be (1) completed in accordance with the plans and specifications approved by Landlord; (2) completed in accordance with all Governmental Requirements (including without limitation all Access Laws); (3) carried out promptly in a good and workmanlike manner; (4) free of defect in materials and workmanship. Tenant shall pay for all damage to the Premises, Building and Land caused by Tenant or Tenant’s Agents; and (5) performed in strict conformity with valid building permits and other authorizations from appropriate governmental agencies, when required, which shall be obtained by Tenant, at Tenant’s expense. 4.5.2 In addition to the requirements set forth in subparagraph 4.5.1 aboveforegoing requirements, Tenant shall use commercially reasonable efforts to contract for services to be performed in or about the Premises with Responsible Contractors (hereinafter defined). As used in this Lease, the term “companies which are a Responsible Contractor, provided that, in no event shall mean a contractor or subcontractor who pays workers a fair wage and Fair Benefits Tenant be obligated to directly incur any additional material cost in order to comply with this sentence (hereinafter defined) as evidenced by payroll and employee records and who complies although Tenant acknowledges that compliance with the service-disabled veteran business (“SDV/BE”) policy. As used balance of this paragraph 4.5 may result in this Leaseadditional costs), the term “Fair Benefits” shall mean employer-paid family health care coverage, pension benefits, and apprenticeship programsnor have any duty to independently confirm whether a company qualifies as a Responsible Contractor.

Appears in 1 contract

Samples: Lease Agreement (Amber Road, Inc.)

Tenant’s Work Performance. 4.5.1 If Tenant performs Tenant Alterations which cost more than $100,000.00 in the aggregate and which require a building permit to undertake, Landlord may, in its absolute discretion, require that Tenant provide a payment and performance bond to cover the entire work to be performed, which bond must be in form, amount and by a company reasonably acceptable to Landlord. Any Tenant Improvements or Tenant Alterations (including any Telecommunications Facilities and/or any telecommunications cabling or wiringAlterations, and any furniture installation)the Tenant Improvements, and any other work to be performed by Tenant under this Lease shall be performed by contractors employed by Tenant under one or more construction contracts, in form and content approved in advance in writing by Landlord (which approval shall be subject to Landlord, such approval not to be unreasonably withheld, conditioned or delayed. With respect to any construction contracts for work to be performed on behalf of Tenant, such contracts shall 's discretion and may include a requirement by Landlord that the prime contractor and the respective subcontractors of any tier performing the Tenant Alterationstier: (a) be parties to, and bound by, a collective bargaining agreement with a labor organization affiliated with the Building and Construction Trades Council of the AFL-AFL CIO or with an independent, nationally recognized labor organization or one of its affiliated local organizations applicable to the geographic area in which the Building is located and to the trade or trades in which the work under the contract is to be performed and (b) employ only members of such labor organizations to perform work within their respective jurisdictions (the “Contractor Requirements”jurisdictions). Tenant’s 's contractors, workers and suppliers shall work in harmony with and not interfere with workers or contractors of Landlord or other tenants of Landlord. If Tenant’s 's contractors, workers or suppliers do, in the opinion of Landlord, cause such disharmony or interference, Landlord’s 's consent to the continuation of such work may be withdrawn upon written notice to Tenant. All Tenant Alterations shall be (1) completed in accordance with the plans and specifications approved by Landlord; (2) completed in accordance with all Governmental Requirements (including without limitation all Access Laws)Requirements; (3) carried out promptly in a good and workmanlike manner; (4) of all new materials; and (5) free of defect in materials and workmanship. Tenant shall pay for all damage to the Premises, Building Land and Land Project caused by Tenant or Tenant’s 's Agents; and (5) performed in strict conformity with valid building permits and other authorizations from appropriate governmental agencies, when required, which shall be obtained by Tenant, at Tenant’s expense. 4.5.2 In addition to the requirements set forth in subparagraph 4.5.1 above, . Tenant shall use commercially reasonable efforts to contract for services to be performed indemnify, defend and hold harmless Landlord and Landlord's Agents from any Claims arising as a result of the Tenant Alterations or any defect in design, material or about the Premises with Responsible Contractors (hereinafter defined). As used in this Lease, the term “Responsible Contractor” shall mean a contractor or subcontractor who pays workers a fair wage and Fair Benefits (hereinafter defined) as evidenced by payroll and employee records and who complies with the service-disabled veteran business (“SDV/BE”) policy. As used in this Lease, the term “Fair Benefits” shall mean employer-paid family health care coverage, pension benefits, and apprenticeship programsworkmanship of any Tenant Alterations.

Appears in 1 contract

Samples: Industrial Lease Agreement (Childrens Place Retail Stores Inc)

Tenant’s Work Performance. 4.5.1 If Landlord elects to require Tenant performs to perform the Tenant Alterations which cost more than $100,000.00 in the aggregate and which require a building permit to undertakeAlterations, Landlord may, in its absolute discretion, require that Tenant provide a payment and performance bond to cover the entire work to be performed, which bond must be in form, amount and by a company reasonably acceptable to Landlord. Any Tenant Improvements or Tenant Alterations (including any Telecommunications Facilities and/or any telecommunications cabling or wiring, and any furniture installation), and any other work to be performed by Tenant under this paragraph shall be performed by contractors employed approved in advance in writing by Tenant under Landlord pursuant to one or more construction contracts, contracts in form and content approved in advance in writing by Landlord, such approval not . Approval shall be subject to be unreasonably withheld, conditioned or delayed. With respect to any construction contracts for work to be performed on behalf of Tenant, such contracts Landlord’s discretion and shall include a requirement that the prime contractor and the respective subcontractors of any tier performing the Tenant Alterations: (a) be parties to, and bound by, a collective bargaining agreement with a labor organization affiliated with the Building and Construction Trades Council of the AFL-CIO or with an independent, nationally recognized labor organization or one of its affiliated local organizations applicable to the geographic area in which the Building is located and to the trade or trades in which the work under the contract is to be performed and (b) employ only members of such labor organizations to perform work within their respective jurisdictions (jurisdictions. With the “Contractor Requirements”)prior written approval of Landlord which may be withheld in Landlord’s sole and absolute discretion, in the preceding sentence a project labor agreement may be substituted in place of a collective bargaining agreement, and an independent, nationally recognized labor organization may be substituted in place of a labor organization affiliated with the Building and Construction Trades Council of the AFL-CIO. Tenant’s contractors, workers and suppliers shall work in harmony with and not interfere with workers or contractors of Landlord or other tenants of Landlord. If Tenant’s contractors, workers or suppliers do, in the opinion of Landlord, cause such disharmony or interference, Landlord’s consent to the continuation of such work may be withdrawn upon written notice to Tenant. All Tenant Alterations shall be (1) completed in accordance with the plans and specifications approved by Landlord; (2) completed in accordance with all Governmental Requirements (including without limitation all Access Laws)Requirements; (3) carried out promptly in a good and workmanlike manner; (4) of all new materials; and (5) free of defect in materials and workmanship. Tenant shall pay for all damage to the Premises, Building and Land caused by Tenant or Tenant’s Agents; and (5) performed in strict conformity with valid building permits and other authorizations from appropriate governmental agencies, when required, which shall be obtained by Tenant, at Tenant’s expense. 4.5.2 In addition to the requirements set forth in subparagraph 4.5.1 above, . Tenant shall use commercially reasonable efforts to contract for services to be performed indemnify, defend and hold harmless Landlord and Landlord’s Agents from any Claims arising as a result of the Tenant Alterations or any defect in design, material or about the Premises with Responsible Contractors (hereinafter defined). As used in this Lease, the term “Responsible Contractor” shall mean a contractor or subcontractor who pays workers a fair wage and Fair Benefits (hereinafter defined) as evidenced by payroll and employee records and who complies with the service-disabled veteran business (“SDV/BE”) policy. As used in this Lease, the term “Fair Benefits” shall mean employer-paid family health care coverage, pension benefits, and apprenticeship programsworkmanship of any Tenant Alterations.

Appears in 1 contract

Samples: Lease (PharMEDium Healthcare Holdings, Inc.)

Tenant’s Work Performance. 4.5.1 If Tenant performs All Tenant Alterations which cost more than $100,000.00 in the aggregate and which require a building permit to undertake, Landlord may, in its absolute discretion, require that Tenant provide a payment and performance bond to cover the entire work to be performed, which bond must be in form, amount and by a company reasonably acceptable to Landlord. Any Tenant Improvements or Tenant Alterations (including any Telecommunications Facilities and/or any telecommunications cabling or wiring, and any furniture installation), and any other work to be performed by Tenant shall be performed by contractors employed approved in advance in writing by Tenant under Landlord pursuant to one or more construction contracts, contracts in form and content approved in advance in writing by Landlord, such which approval shall not to be unreasonably withheld, conditioned or delayed. With respect Approval shall be subject to any construction contracts for work to be performed on behalf of Tenant, such contracts Landlord’s reasonable discretion and shall include a requirement that the prime contractor and the respective subcontractors of any tier performing the Tenant Alterations: (a) be parties to, and bound by, a collective bargaining agreement with a labor organization affiliated with the Building and Construction Trades Council of the AFL-CIO or with an independent, nationally recognized labor organization or one of its affiliated local organizations applicable to the geographic area in which the Building is located and to the trade or trades in which the work under the contract is to be performed and (b) employ only members of such labor organizations to perform work within their respective jurisdictions (jurisdictions. With the “Contractor Requirements”)prior written approval of Landlord which may be withheld in Landlord’s sole and absolute discretion, in the preceding sentence a project labor agreement may be substituted in place of a collective bargaining agreement, and an independent, nationally recognized labor organization may be substituted in place of a labor organization affiliated with the Building and Construction Trades Council of the AFL-CIO. Tenant’s contractors, workers and suppliers shall work in harmony with and not interfere with workers or contractors of Landlord or other tenants of Landlord. If Tenant’s contractors, workers or suppliers do, in the opinion of Landlord, cause such disharmony or interference, Landlord’s consent to the continuation of such work may be withdrawn upon written notice to Tenant. All Tenant Alterations shall be (1) completed in accordance with the plans and specifications approved by Landlord; (2) completed in accordance with all Governmental Requirements (including without limitation all Access Laws)Requirements; (3) carried out promptly in a good and workmanlike manner; (4) of all new materials; and (5) free of defect in materials and workmanship. Tenant shall pay for all damage to the Premises, Building and Land caused by Tenant or Tenant’s Agents; and (5) performed in strict conformity with valid building permits and other authorizations from appropriate governmental agencies, when required, which shall be obtained by Tenant, at Tenant’s expense. 4.5.2 In addition to the requirements set forth in subparagraph 4.5.1 above, . Tenant shall use commercially reasonable efforts to contract for services to be performed indemnify, defend and hold harmless Landlord and Landlord’s Agents from any Claims arising as a result of the Tenant Alterations or any defect in design, material or about the Premises with Responsible Contractors (hereinafter defined). As used in this Lease, the term “Responsible Contractor” shall mean a contractor or subcontractor who pays workers a fair wage and Fair Benefits (hereinafter defined) as evidenced by payroll and employee records and who complies with the service-disabled veteran business (“SDV/BE”) policy. As used in this Lease, the term “Fair Benefits” shall mean employer-paid family health care coverage, pension benefits, and apprenticeship programsworkmanship of any Tenant Alterations.

Appears in 1 contract

Samples: Lease (Mattersight Corp)

Tenant’s Work Performance. 4.5.1 If Tenant performs the Tenant Alterations which cost more than exceeding $100,000.00 in the aggregate and which require a building permit to undertake25,000, Landlord may, in its absolute discretion, require that Tenant provide a payment and performance bond to cover the entire work to be performed, which bond must be in form, amount and by a company reasonably acceptable to Landlord. Any Tenant Improvements or Tenant Alterations (including any Telecommunications Facilities and/or any telecommunications cabling or wiring, and any furniture installation), and any other work to be performed by Tenant shall be performed by contractors employed by Tenant under one or more construction contracts, in form and content approved in advance in writing by Landlord, such which approval shall not to be unreasonably withheld, conditioned withheld or delayed. With respect to any construction contracts for work to be performed on behalf of Tenant, such contracts shall include a requirement that the The prime contractor and the each respective subcontractors of any tier performing the Tenant AlterationsAlterations shall: (a) be parties a party to, and or bound by, a collective bargaining agreement applicable to the geographic area in which the Land is located, applicable to the trade or trades in which the work under the contract is to be performed, and entered with a one or more labor organization organizations affiliated with the Building and Construction Trades Council Department of the AFL-CIO or with an independent, nationally recognized labor organization or one of its affiliated local organizations applicable to the geographic area in which the Building is located and to the trade or trades in which the work under the contract is to be performed and locals, (b) solely employ only members of such labor organizations to perform work within their respective jurisdictions jurisdictions, and (c) require each subcontractor of every tier who performs any work on the “Contractor Requirements”Project to comply with the provisions of clauses (a) and (b). Tenant’s contractors, workers and suppliers shall work in harmony with and not interfere with workers or contractors of Landlord or other tenants of Landlord. If Tenant’s contractors, workers or suppliers do, in the opinion of Landlord, cause such disharmony or interference, Landlord’s consent to the continuation of such work may be withdrawn upon written notice to Tenant. All Tenant Alterations shall be (1) completed in accordance with the plans and specifications approved by Landlord; (2) completed in accordance with all Governmental Requirements (including without limitation all Access Laws)Requirements; (3) carried out promptly in a good and workmanlike manner; (4) of all new materials; and (5) free of defect in materials and workmanship. Tenant shall pay for all damage to the Premises, Building and Land caused by Tenant or Tenant’s Agents; and (5) performed in strict conformity with valid building permits and other authorizations from appropriate governmental agencies, when required, which shall be obtained by Tenant, at Tenant’s expense. 4.5.2 In addition to the requirements set forth in subparagraph 4.5.1 above, . Tenant shall use commercially reasonable efforts to contract for services to be performed indemnify, defend and hold harmless Landlord and Landlord’s Agents from any Claims arising as a result of the Tenant Alterations or any defect in design, material or about the Premises with Responsible Contractors (hereinafter defined). As used in this Lease, the term “Responsible Contractor” shall mean a contractor or subcontractor who pays workers a fair wage and Fair Benefits (hereinafter defined) as evidenced by payroll and employee records and who complies with the service-disabled veteran business (“SDV/BE”) policy. As used in this Lease, the term “Fair Benefits” shall mean employer-paid family health care coverage, pension benefits, and apprenticeship programsworkmanship of any Tenant Alterations.

Appears in 1 contract

Samples: Triple Net Lease (HouseValues, Inc.)

Tenant’s Work Performance. 4.5.1 If Landlord elects to permit Tenant performs to perform the Tenant Alterations which cost more than $100,000.00 in the aggregate and which require a building permit to undertakeAlterations, Landlord may, in its absolute discretion, require that Tenant provide a payment and performance bond to cover the entire work to be performed, which bond must be in form, amount and by a company reasonably acceptable to Landlord. Any Tenant Improvements or Tenant Alterations (including any Telecommunications Facilities and/or any telecommunications cabling or wiring, and any furniture installation), and any other work to be performed by Tenant under this paragraph shall be performed by contractors employed by Tenant under one or more construction contracts, in form and content approved in advance in writing by Landlord, such which approval shall not to be unreasonably withheld, conditioned or delayed. With respect to In any construction contracts for work to be performed on behalf of Tenantevent, such contracts approval shall include a requirement that the prime contractor and the respective subcontractors of any tier performing the Tenant Alterations: (a) be parties to, and bound by, a collective bargaining agreement with a labor organization affiliated with the Building and Construction Trades Council of the AFL-CIO or with an independent, nationally recognized labor organization or one of its affiliated local organizations applicable to the geographic area in which the Building is located and to the trade or trades in which the work under the contract is to be performed and (b) employ only members of such labor organizations to perform work within their respective jurisdictions (the “Contractor Requirements”)jurisdictions. Tenant’s 's contractors, workers and suppliers shall work in harmony with and not interfere with workers or contractors of Landlord or other tenants of Landlord. If Tenant’s 's contractors, workers or suppliers do, in the opinion of Landlord, cause such disharmony or interference, Landlord’s 's consent to the continuation of such work may be withdrawn upon written notice to Tenant. All Tenant Alterations shall be (1) completed in accordance with the plans and specifications approved by Landlord; (2) completed in accordance with all Governmental Requirements (including without limitation all Access Laws)Requirements; (3) carried out promptly in a good and workmanlike manner; (4) of all new materials; and (5) free of defect in materials and workmanship. Tenant shall pay for all damage to the Premises, Building and Land caused by Tenant or Tenant’s 's Agents; and (5) performed in strict conformity with valid building permits and other authorizations from appropriate governmental agencies, when required, which shall be obtained by Tenant, at Tenant’s expense. 4.5.2 In addition to the requirements set forth in subparagraph 4.5.1 above, . Tenant shall use commercially reasonable efforts to contract for services to be performed indemnify, defend and hold harmless Landlord and Landlord's Agents from any Claims arising as a result of the Tenant Alterations or any defect in design, material or about the Premises with Responsible Contractors (hereinafter defined). As used in this Lease, the term “Responsible Contractor” shall mean a contractor or subcontractor who pays workers a fair wage and Fair Benefits (hereinafter defined) as evidenced by payroll and employee records and who complies with the service-disabled veteran business (“SDV/BE”) policy. As used in this Lease, the term “Fair Benefits” shall mean employer-paid family health care coverage, pension benefits, and apprenticeship programsworkmanship of any Tenant Alterations.

Appears in 1 contract

Samples: Gross Lease (Lightbridge Inc)

Tenant’s Work Performance. 4.5.1 If Tenant performs Any Tenant Alterations which cost more than $100,000.00 in the aggregate and which require a building permit to undertake, Landlord may, in its absolute discretion, require that Tenant provide a payment and performance bond to cover the entire work to be performed, which bond must be in form, amount and by a company reasonably acceptable to Landlord. Any Tenant Improvements or Tenant Alterations (including any Telecommunications Facilities and/or any telecommunications cabling or wiring, and any furniture installation), and any other work to be performed by Tenant shall ------------------------- be performed by contractors employed by Tenant under one or more construction contracts, in form and content approved (if Landlord's approval of the related Tenant Alterations is required) in advance in writing by Landlord (which approval shall be subject to Landlord, such approval not to be unreasonably withheld, conditioned or delayed. With respect to any construction contracts for work to be performed on behalf of Tenant, such contracts shall 's reasonable discretion and may include a requirement that the prime contractor and the respective subcontractors of any tier performing the Tenant Alterationstier: (a) be parties to, and bound by, a collective bargaining agreement with a labor organization affiliated with the Building and Construction Trades Council of the AFL-CIO or with an independent, nationally recognized labor organization or one of its affiliated local organizations applicable to the geographic area in which the Building is located and to the trade or trades in which the work under the contract is to be performed ClO and (b) employ only members of such labor organizations to perform work within their respective jurisdictions (the “Contractor Requirements”jurisdictions). Tenant’s 's contractors, workers and suppliers shall work in harmony with and not interfere with workers or contractors of Landlord or other tenants of Landlord. If Tenant’s 's contractors, workers or suppliers do, in the reasonable opinion of Landlord, cause such disharmony or material interference, Landlord’s 's consent to the continuation of such work may be withdrawn upon written notice to Tenant. All Tenant Alterations shall be (1) completed in accordance with the plans and specifications approved by Landlord, if Landlord's approval is required; (2) completed in accordance with all Governmental Requirements (including without limitation all Access Laws)Requirements; (3) carried out promptly in a good and workmanlike manner; (4) of all new materials; and (5) free of defect in materials and workmanship. Tenant shall pay for all damage to the Premises, Building and Land caused by Tenant or Tenant’s 's Agents; and (5) performed in strict conformity with valid building permits and other authorizations from appropriate governmental agencies, when required, which shall be obtained by Tenant, at Tenant’s expense. 4.5.2 In addition to the requirements set forth in subparagraph 4.5.1 above, . Tenant shall use commercially reasonable efforts to contract for services to be performed indemnify, defend and hold harmless Landlord and Landlord's Agents from any Claims arising as a result of the Tenant Alterations or any defect in design, material or about the Premises with Responsible Contractors (hereinafter defined). As used in this Lease, the term “Responsible Contractor” shall mean a contractor or subcontractor who pays workers a fair wage and Fair Benefits (hereinafter defined) as evidenced by payroll and employee records and who complies with the service-disabled veteran business (“SDV/BE”) policy. As used in this Lease, the term “Fair Benefits” shall mean employer-paid family health care coverage, pension benefits, and apprenticeship programsworkmanship of any Tenant Alterations.

Appears in 1 contract

Samples: Lease (Sonosite Inc)

Tenant’s Work Performance. 4.5.1 If Tenant performs Tenant Alterations which cost more than $100,000.00 in the aggregate and which require a building permit to undertake, Landlord may, in its absolute reasonable discretion, require that Tenant provide a payment and performance bond to cover the entire work to be performed, which bond must be in form, amount and by a company reasonably acceptable to Landlord; provided, however, the Original Tenant shall not be required to provide such a bond, provided that its financial condition is not materially less favorable than as of the date of this Lease. Any Tenant Improvements Alterations or Tenant Alterations (including any Telecommunications Facilities and/or any telecommunications cabling or wiring, and any furniture installation), and any other work to be performed by or on behalf of Tenant in the Premises (including, without limitation, any racking) shall be performed by contractors employed by Tenant under one or more construction contracts, in form and content approved in advance in writing by Landlord, such which approval shall not to be unreasonably withheld, conditioned or delayed. With Unless otherwise specified by Landlord in writing (in its sole and absolute discretion), with respect to any construction contracts for Tenant Alterations or any other work to be performed on behalf by or at the request of TenantTenant in the Premises (including, such contracts shall include a requirement that without limitation, the Tenant Improvements and any racking), the prime contractor and the respective subcontractors of any tier performing the Tenant Alterationsshall: (a) be parties to, and bound by, a collective bargaining agreement with a labor organization affiliated with the Building and Construction Trades Council of the AFL-AFL CIO or with an independent, nationally recognized labor organization or one of its affiliated local organizations applicable to the geographic area in which the Building is located and to the trade or trades in which the work under the contract is to be performed and performed, (b) employ only members of such labor organizations to perform work within their respective jurisdictions jurisdictions, and (the “Contractor Requirements”)c) satisfy any of Landlord’s other union requirements reasonably imposed at any time by Landlord. Tenant’s contractors, workers and suppliers shall work in harmony with and not interfere with workers or contractors of Landlord or other tenants of Landlord. If Tenant’s contractors, workers or suppliers do, in the reasonable opinion of Landlord, cause such disharmony or interference, Landlord’s consent to the continuation of such work may be withdrawn upon written notice to Tenant. All Tenant Alterations shall be (1) completed in accordance with the plans and specifications reasonably approved by LandlordLandlord (which approval shall be granted or denied within ten (10) Business Days); (2) completed in accordance with all Governmental Requirements (including without limitation all Access Laws)Requirements; (3) carried out promptly in a good and workmanlike manner; (4) of all new materials; and (5) free of defect in materials and workmanship. Subject to the waiver of subrogation contained in this Lease, Tenant shall pay for all damage to the Premises, Building and Land caused by Tenant or Tenant’s Agents; . Tenant shall indemnify, defend and hold harmless Landlord and Landlord’s Agents from any Claims arising as a result of the Tenant Alterations or any defect in design, material or workmanship of any Tenant Alterations (5) performed in strict conformity with valid building permits and other authorizations from appropriate governmental agencies, when required, which shall be obtained by Tenant, at Tenant’s expense. 4.5.2 In addition except to the requirements set forth in subparagraph 4.5.1 above, Tenant shall use commercially reasonable efforts to contract for services to be performed in extent caused by the gross negligence or about the Premises with Responsible Contractors (hereinafter definedwillful misconduct of Landlord or Landlord’s Agents). As used in this Lease, the term “Responsible Contractor” shall mean a contractor or subcontractor who pays workers a fair wage and Fair Benefits (hereinafter defined) as evidenced by payroll and employee records and who complies with the service-disabled veteran business (“SDV/BE”) policy. As used in this Lease, the term “Fair Benefits” shall mean employer-paid family health care coverage, pension benefits, and apprenticeship programs.

Appears in 1 contract

Samples: Office Lease (Kythera Biopharmaceuticals Inc)

Tenant’s Work Performance. 4.5.1 If Landlord elects to require Tenant performs to perform any Tenant Alterations which cost more than $100,000.00 in the aggregate and which require a building permit to undertakeAlterations, Landlord may, in its absolute discretion, require that Tenant provide a payment and performance bond to cover the entire work to be performed, which bond must be in form, amount and by a company reasonably acceptable to Landlord. Any Tenant Improvements Alterations or Tenant Alterations (including any Telecommunications Facilities and/or any telecommunications cabling or wiring, and any furniture installation), and any other work to be performed by or on behalf of Tenant in the Premises (including, without limitation, any racking) shall be performed by contractors employed by Tenant under one or more construction contracts, in form and content approved in advance in writing by Landlord, such which approval not shall be subject to be unreasonably withheldLandlord’s discretion. Unless otherwise specified by Landlord in writing (in its sole and absolute discretion), conditioned or delayed. With with respect to any construction contracts for Tenant Alterations or any other work to be performed on behalf by or at the request of TenantTenant in the Premises (including, such contracts shall include a requirement that without limitation, any racking), the prime contractor and the respective subcontractors of any tier performing the Tenant Alterationsshall: (a) be parties to, and bound by, a collective bargaining agreement with a labor organization affiliated with the Building and Construction Trades Council of the AFL-AFL CIO or with an independent, nationally recognized labor organization or one of its affiliated local organizations applicable to the geographic area in which the Building is located and to the trade or trades in which the work under the contract is to be performed and performed, (b) employ only members of such labor organizations to perform work within their respective jurisdictions jurisdictions, and (the “Contractor Requirements”)c) satisfy any of Landlord’s other union requirements imposed at any time by Landlord; any violation of this sentence shall be a material default under this Lease, without any notice and cure period whatsoever, and Landlord shall be entitled to immediately exercise all of its available remedies at law and in equity. Tenant’s contractors, workers and suppliers shall work in harmony with and not interfere with workers or contractors of Landlord or other tenants of Landlord. If Tenant’s contractors, workers or suppliers do, in the reasonable opinion of Landlord, cause such disharmony or interference, Landlord’s consent to the continuation of such work may be withdrawn upon written notice to Tenant. All Tenant Alterations shall be (1) completed in accordance with the plans and specifications approved by LandlordLandlord (such approval not to be unreasonably withheld, conditioned or delayed); (2) completed in accordance with all Governmental Requirements (including without limitation all Access Laws)Requirements; (3) carried out promptly in a good and workmanlike manner; (4) of all new materials; and (5) free of defect in materials and workmanship. Any and all Tenant Alterations that affects at least fifty percent (50%) of the Premises will be performed in accordance with Landlord’s sustainability practices, (as same may be in effect or amended or supplemented from time to time) and any Green Agency Ratings, as the same may change from time to time. Tenant further agrees to engage a qualified third party LEED or Green Globe Accredited Professional or similarly qualified professional during the design phase through implementation of any Tenant Alterations covered by the preceding sentence, in order to review all plans, material procurement, demolition, construction and waste management procedures to ensure they are in full conformance to Landlord’s sustainability practices, as aforesaid, and Tenant agrees to seek and maintain LEED for Commercial Interiors certification for such Tenant Alterations. Tenant shall pay for all damage to the Premises, Building and Land caused by Tenant or Tenant’s Agents; and (5) performed in strict conformity with valid building permits and other authorizations from appropriate governmental agencies, when required, which shall be obtained by Tenant, at Tenant’s expense. 4.5.2 In addition to the requirements set forth in subparagraph 4.5.1 above, . Tenant shall use commercially reasonable efforts to contract for services to be performed indemnify, defend and hold harmless Landlord and Landlord’s Agents from any Claims arising as a result of the Tenant Alterations or any defect in design, material or about the Premises with Responsible Contractors (hereinafter defined). As used in this Lease, the term “Responsible Contractor” shall mean a contractor or subcontractor who pays workers a fair wage and Fair Benefits (hereinafter defined) as evidenced by payroll and employee records and who complies with the service-disabled veteran business (“SDV/BE”) policy. As used in this Lease, the term “Fair Benefits” shall mean employer-paid family health care coverage, pension benefits, and apprenticeship programsworkmanship of any Tenant Alterations.

Appears in 1 contract

Samples: Office Lease (Mannkind Corp)

Tenant’s Work Performance. 4.5.1 If Tenant performs Tenant Alterations which cost more than $100,000.00 in the aggregate and which require a building permit to undertake, Landlord may, in its absolute discretion, require that Tenant provide a payment and performance bond to cover the entire work to be performed, which bond must be in form, amount and by a company reasonably acceptable to Landlord. Any Tenant Improvements or Tenant Alterations (including any Telecommunications Facilities and/or any telecommunications cabling or wiring, and any furniture installation), and any other work to be performed by Tenant shall be performed by contractors employed by Tenant under one or more construction contracts, in form and content approved in advance in writing by Landlord (which approval shall be subject to Landlord, such approval not to be unreasonably withheld, conditioned or delayed. With respect to any construction contracts for work to be performed on behalf of Tenant, such contracts shall include a requirement that the prime contractor and the respective subcontractors of any tier performing the Tenant Alterations: (a) be parties to, and bound by, a collective bargaining agreement with a labor organization affiliated with the Building and Construction Trades Council of the AFL-CIO or with an independent, nationally recognized labor organization or one of its affiliated local organizations applicable to the geographic area in which the Building is located and to the trade or trades in which the work under the contract is to be performed and (b) employ only members of such labor organizations to perform work within their respective jurisdictions (the “Contractor Requirements”'s reasonable discretion). Tenant’s 's contractors, workers and suppliers shall work in harmony with and not interfere with workers or contractors of Landlord or other tenants of Landlord. If Tenant’s 's contractors, workers or suppliers do, in the opinion of Landlord, cause such disharmony or interference, Landlord’s 's consent to the continuation of such work may be withdrawn upon written notice to Tenant. All Tenant Alterations shall be (1a) completed in accordance with the plans and specifications approved by Landlord; (2b) completed in accordance with all Governmental Requirements (including without limitation all Access Applicable Laws); (3c) carried out promptly in a lien free, good and workmanlike manner; (4d) of all new materials; and (e) free of defect in materials and workmanship. Tenant shall pay for all damage to the Premises, Building Building, Project and Land caused by Tenant or Tenant’s 's Agents; . Tenant shall indemnify, defend and hold harmless Landlord and Landlord's Agents from any Claims arising as a result of any defect in design, material or workmanship of any Tenant Alterations unless caused by Landlord or its agents. Landlord shall have three (53) performed in strict conformity with valid building permits Business Days after receipt of the names of such contractors (and such other authorizations from appropriate governmental agenciesinformation regarding such contractors as Landlord shall reasonably request) to approve Tenant's contractors. In the event Landlord does not either accept or reject such contractors within such three (3) Business Day period, when required, which Landlord shall be obtained deemed to have accepted such Contractors. Any approval of contractors by Tenant, Landlord shall be approval for the Tenant Alterations being made at Tenant’s expensethe time in question and not for further or future Tenant Alterations. 4.5.2 In addition to the requirements set forth in subparagraph 4.5.1 above, Tenant shall use commercially reasonable efforts to contract for services to be performed in or about the Premises with Responsible Contractors (hereinafter defined). As used in this Lease, the term “Responsible Contractor” shall mean a contractor or subcontractor who pays workers a fair wage and Fair Benefits (hereinafter defined) as evidenced by payroll and employee records and who complies with the service-disabled veteran business (“SDV/BE”) policy. As used in this Lease, the term “Fair Benefits” shall mean employer-paid family health care coverage, pension benefits, and apprenticeship programs.

Appears in 1 contract

Samples: Lease (Netlibrary Inc)

Tenant’s Work Performance. 4.5.1 If Landlord elects to require Tenant performs to perform the Tenant Alterations which cost more than $100,000.00 in the aggregate and which require a building permit to undertakeAlterations, Landlord may, in its absolute discretion, require that Tenant provide a payment and performance bond to cover the entire work to be performed, which bond must be in form, amount and by a company reasonably acceptable to Landlord. Any Notwithstanding the foregoing, Landlord shall not require Tenant Improvements or to obtain a payment and performance bond if the aggregate cost of the Tenant Alterations (including any Telecommunications Facilities and/or any telecommunications cabling all related Tenant Alterations which may be part of a larger project or wiring, and any furniture installationa series of related projects) is less than Twenty-Five Thousand Dollars ($25,000.00), and any other work . Any Tenant Alterations to be performed by Tenant under this paragraph shall be performed by contractors employed by Tenant under one or more construction contracts, in form and content approved in advance in writing by Landlord, such approval not . Approval shall be subject to be unreasonably withheld, conditioned or delayed. With respect to any construction contracts for work to be performed on behalf of Tenant, such contracts Landlord's discretion and shall include a requirement that the prime contractor and the respective subcontractors of any tier performing the Tenant Alterations: (a) be parties to, and bound by, a collective bargaining agreement with a labor organization affiliated with the Building and Construction Trades Council of the AFL-CIO or with an independent, nationally recognized labor organization or one of its affiliated local organizations applicable to the geographic area in which the Building is located and to the trade or trades in which the work under the contract is to be performed and (b) employ only members of such labor organizations to perform work within their respective jurisdictions (the “Contractor Requirements”)jurisdictions. Tenant’s 's contractors, workers and suppliers shall work in harmony with and not interfere with workers or contractors of Landlord or other tenants of Landlord. If Tenant’s 's contractors, workers or suppliers do, in the opinion of Landlord, cause such disharmony or interference, Landlord’s 's consent to the continuation of such work may be withdrawn upon written notice to Tenant. All Tenant Alterations shall be (1) completed in accordance with the plans and specifications approved by Landlord; (2) completed in accordance with all Governmental Requirements (including without limitation all Access Laws)Requirements; (3) carried out promptly in a good and workmanlike manner; (4) of all new materials or materials otherwise satisfactory to Landlord; and (5) free of defect in materials and workmanship. Tenant shall pay for all damage to the Premises, Building and Land caused by Tenant or Tenant’s 's Agents; and (5) performed in strict conformity with valid building permits and other authorizations from appropriate governmental agencies, when required, which shall be obtained by Tenant, at Tenant’s expense. 4.5.2 In addition to the requirements set forth in subparagraph 4.5.1 above, . Tenant shall use commercially reasonable efforts to contract for services to be performed indemnify, defend and hold harmless Landlord and Landlord's Agents from any Claims arising as a result of the Tenant Alterations or any defect in design, material or about the Premises with Responsible Contractors (hereinafter defined). As used in this Lease, the term “Responsible Contractor” shall mean a contractor or subcontractor who pays workers a fair wage and Fair Benefits (hereinafter defined) as evidenced by payroll and employee records and who complies with the service-disabled veteran business (“SDV/BE”) policy. As used in this Lease, the term “Fair Benefits” shall mean employer-paid family health care coverage, pension benefits, and apprenticeship programsworkmanship of any Tenant Alterations.

Appears in 1 contract

Samples: Lease (United Bancshares Inc /Pa)

Tenant’s Work Performance. 4.5.1 If Landlord elects to require Tenant performs to perform the Tenant Alterations which cost more than $100,000.00 in the aggregate and which require a building permit to undertakeAlterations, Landlord may, in its absolute discretion, require that Tenant provide a payment and performance bond to cover the entire work to be performed, which bond must be in form, amount and by a company reasonably acceptable to Landlord. Any Notwithstanding the foregoing, Landlord shall not require Tenant Improvements or to obtain a payment and performance bond if the aggregate cost of the Tenant Alterations (including any Telecommunications Facilities and/or any telecommunications cabling all related Tenant Alterations which may be part of a larger project or wiring, and any furniture installationa series of related projects) is less than Twenty-Five Thousand Dollars ($25,000.00), and any other work . Any Tenant Alterations to be performed by Tenant under this paragraph shall be performed by contractors employed by Tenant under one or more construction contracts, in form and content approved in advance in writing by Landlord, such approval not . Approval shall be subject to be unreasonably withheld, conditioned or delayed. With respect to any construction contracts for work to be performed on behalf of Tenant, such contracts Landlord's discretion and shall include a requirement that the prime contractor and the respective subcontractors of any tier performing the Tenant Alterations: (a) be parties to, and bound by, a collective bargaining agreement with a labor organization affiliated with the Building and Construction Trades Council of the AFL-CIO or with an independent, nationally recognized labor organization or one of its affiliated local organizations applicable to the geographic area in which the Building is located and to the trade or trades in which the work under the contract is to be performed and (b) employ only members of such labor organizations to perform work within their respective jurisdictions (the “Contractor Requirements”)jurisdictions. Tenant’s 's contractors, workers and suppliers shall work in harmony with and not interfere with workers or contractors of Landlord or other tenants of Landlord. If Tenant’s 's contractors, workers or suppliers do, in the opinion of Landlord, cause such disharmony or interference, Landlord’s 's consent to the continuation of such work may be withdrawn upon written notice to Tenant. All Tenant Alterations shall be (1) completed in accordance with the plans and specifications approved by Landlord; (2) completed in accordance with all Governmental Requirements (including without limitation all Access Laws)Requirements; (3) carried out promptly in a good and workmanlike manner; (4) of all new materials; and (5) free of defect in materials and workmanship. Tenant shall pay for all damage to the Premises, Building and Land caused by Tenant or Tenant’s 's Agents; and (5) performed in strict conformity with valid building permits and other authorizations from appropriate governmental agencies, when required, which shall be obtained by Tenant, at Tenant’s expense. 4.5.2 In addition to the requirements set forth in subparagraph 4.5.1 above, . Tenant shall use commercially reasonable efforts to contract for services to be performed indemnify, defend and hold harmless Landlord and Landlord's Agents from any Claims arising as a result of the Tenant Alterations or any defect in design, material or about the Premises with Responsible Contractors (hereinafter defined). As used in this Lease, the term “Responsible Contractor” shall mean a contractor or subcontractor who pays workers a fair wage and Fair Benefits (hereinafter defined) as evidenced by payroll and employee records and who complies with the service-disabled veteran business (“SDV/BE”) policy. As used in this Lease, the term “Fair Benefits” shall mean employer-paid family health care coverage, pension benefits, and apprenticeship programsworkmanship of any Tenant Alterations.

Appears in 1 contract

Samples: Gross Lease (Clicksoftware Technologies LTD)

Tenant’s Work Performance. 4.5.1 If Tenant performs elects to perform the Tenant Alterations which at Tenant's sole cost more than $100,000.00 in the aggregate and which require a building permit to undertakeexpense, Landlord may, in its absolute discretion, require that Tenant provide a payment and performance bond to cover the entire work to be performed, which bond must be in form, amount and by a company reasonably acceptable to Landlord. Any Tenant Improvements or all Tenant Alterations (including any Telecommunications Facilities and/or any telecommunications cabling or wiring, and any furniture installation), and any other work to be performed by Tenant shall be performed by contractors employed by Tenant under one or more construction contracts, in form and content approved in advance in writing by Landlord (which approval shall be subject to Landlord, such 's reasonable approval not to be unreasonably withheld, conditioned or delayed. With respect to any construction contracts for work to be performed on behalf of Tenant, such contracts shall and may include a requirement that the prime contractor and the respective subcontractors of any tier performing the Tenant Alterationssubcontractors: (a) be parties to, and bound by, a collective bargaining agreement with a labor organization affiliated with the Building and Construction Trades Council of the AFL-CIO or with an independent, nationally recognized labor organization or one of its affiliated local organizations applicable to the geographic area in which the Building is located and to the trade or trades in which the work under the contract is to be performed and (b) employ only members of such labor organizations to perform work within their respective jurisdictions (the “Contractor Requirements”jurisdictions). Tenant’s 's contractors, workers and suppliers shall work in harmony with and not interfere with workers or contractors of Landlord or other tenants of Landlord. If Tenant’s 's contractors, workers or suppliers do, in the opinion of Landlord, cause such disharmony or interference, Landlord’s 's consent to the continuation of such work may be withdrawn upon written notice to Tenant. All Tenant Alterations shall be (1) completed in accordance with the plans and specifications approved by Landlord; (2) completed in accordance with all Governmental Requirements (including without limitation all Access Laws)Requirements; (3) carried out promptly in a good and workmanlike manner; (4) of all new materials; and (5) free of defect in materials and workmanship. Tenant shall pay for all damage to the Premises, Building Premises and Land Project caused by Tenant or Tenant’s 's Agents; and (5) performed in strict conformity with valid building permits and other authorizations from appropriate governmental agencies, when required, which shall be obtained by Tenant, at Tenant’s expense. 4.5.2 In addition to the requirements set forth in subparagraph 4.5.1 above, . Tenant shall use commercially reasonable efforts to contract for services to be performed indemnify, defend and hold harmless Landlord and Landlord's Agents from any Claims arising as a result of any defect in design, material or about the Premises with Responsible Contractors (hereinafter defined). As used in this Lease, the term “Responsible Contractor” shall mean a contractor or subcontractor who pays workers a fair wage and Fair Benefits (hereinafter defined) as evidenced by payroll and employee records and who complies with the service-disabled veteran business (“SDV/BE”) policy. As used in this Lease, the term “Fair Benefits” shall mean employer-paid family health care coverage, pension benefits, and apprenticeship programsworkmanship of any Tenant Alterations.

Appears in 1 contract

Samples: Sublease Agreement (MLC Holdings Inc)

Tenant’s Work Performance. 4.5.1 If Landlord elects to require Tenant performs to perform the Tenant Alterations, then the Tenant Alterations which cost more than $100,000.00 in the aggregate and which require a building permit to undertake, Landlord may, in its absolute discretion, require that Tenant provide a payment and performance bond to cover the entire work to be performed, which bond must be in form, amount and by a company reasonably acceptable to Landlord. Any Tenant Improvements or Tenant Alterations (including any Telecommunications Facilities and/or any telecommunications cabling or wiring, and any furniture installation), and any other work to be performed by Tenant shall be performed by contractors employed by Tenant under one or more construction contracts, in form and content approved in advance in writing by Landlord (which approval shall be subject to Landlord, such approval not to be unreasonably withheld, conditioned or delayed. With respect to any construction contracts for work to be performed on behalf of Tenant, such contracts shall 's discretion and may include a requirement that the prime contractor and the respective subcontractors of any tier performing the Tenant Alterationssubcontractors: (a) be parties to, and bound by, a collective bargaining agreement with a labor organization affiliated with the Building and Construction Trades Council of the AFL-CIO or with an independent, nationally recognized labor organization or one of its affiliated local organizations applicable to the geographic area in which the Building is located and to the trade or trades in which the work under the contract is to be performed and (b) employ only members of such labor organizations to perform work within their respective jurisdictions (the “Contractor Requirements”jurisdictions). Tenant’s 's contractors, workers and suppliers shall work in harmony with and not interfere with workers or contractors of Landlord or other tenants of Landlord. If Tenant’s 's contractors, workers or suppliers do, in the opinion of Landlord, cause such disharmony or interference, Landlord’s 's consent to the continuation of such work may be withdrawn upon written notice to Tenant. All Tenant Alterations shall be (1) completed in accordance with the plans and specifications approved by Landlord; (2) completed in accordance with all Governmental Requirements (including without limitation all Access Laws)Requirements; (3) carried out promptly in a good and workmanlike manner; (4) of all new materials; and (5) free of defect in materials and workmanship. Tenant shall pay for all damage to the Premises, Building and Land caused by Tenant or Tenant’s 's Agents; and (5) performed in strict conformity with valid building permits and other authorizations from appropriate governmental agencies, when required, which shall be obtained by Tenant, at Tenant’s expense. 4.5.2 In addition to the requirements set forth in subparagraph 4.5.1 above, . Tenant shall use commercially reasonable efforts to contract for services to be performed in or about the Premises with Responsible Contractors (hereinafter defined). As used in this Leaseindemnify, the term “Responsible Contractor” shall mean a contractor or subcontractor who pays workers a fair wage defend and Fair Benefits (hereinafter defined) as evidenced by payroll and employee records and who complies with the service-disabled veteran business (“SDV/BE”) policy. As used in this Lease, the term “Fair Benefits” shall mean employer-paid family health care coverage, pension benefits, and apprenticeship programs.hold harmless Landlord

Appears in 1 contract

Samples: Lease (Healthgate Data Corp)

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Tenant’s Work Performance. 4.5.1 If Landlord consents to any Tenant performs Tenant Alterations which cost more than $100,000.00 in the aggregate and which require a building permit to undertakeAlterations, Landlord may, in its absolute discretion, require that Tenant provide a payment and performance bond to cover the entire work to be performed, which bond must be in form, amount and by a company reasonably acceptable to Landlord. Any Notwithstanding the foregoing, Landlord shall not require Tenant Improvements to obtain a payment and performance bond if (a) at the time of such Tenant Alterations, Tenant has a tangible net worth at least equal to or greater than the tangible net worth of Tenant as of the date of this Lease, and (b) the aggregate cost of the Tenant Alterations (including any Telecommunications Facilities and/or any telecommunications cabling all related Tenant Alterations which may be part of a larger project or wiring, and any furniture installationa series of related projects) is less than Seventy-five Thousand Dollars ($75,000.00), and any other work . Any Tenant Alterations to be performed by Tenant under this Section 4.5 shall be performed by contractors approved by Landlord (which approval shall not be unreasonably withheld or delayed) and employed by Tenant under one or more construction contracts, in form and content approved in advance in writing by Landlord, such approval not . Approval shall be subject to be unreasonably withheld, conditioned or delayed. With respect to any construction contracts for work to be performed on behalf of Tenant, such contracts Landlord’s discretion and shall include a requirement that the prime contractor and the respective subcontractors of any tier performing the Tenant Alterations: (a) be parties to, and bound by, a collective bargaining agreement with a labor organization affiliated with the Building and Construction Trades Council of the AFL-CIO or with an independent, nationally recognized labor organization or one of its affiliated local organizations applicable to the geographic area in which the Building is located and to the trade or trades in which the work under the contract is to be performed and (b) employ only members of such labor organizations to perform work within their respective jurisdictions jurisdictions. The previous sentence shall apply whether it is Landlord or Tenant performing or contracting for any such alterations, additions, improvements or installations. Waivers or exceptions to the requirement in the third sentence of this Section 4.5 may be given only in writing by Landlord. With the specific, prior written approval of Landlord, which may be withheld in Landlord’s sole and absolute discretion, in clause (a) of the “Contractor Requirements”)third sentence of this Section 4.5 the following substitutions may be made: (1) a project labor agreement in place of a collective bargaining agreement, and (2) an independent, nationally recognized labor organization in place of a labor organization affiliated with the Building and Construction Trades Council of the AFL-CIO. Tenant’s contractors, workers and suppliers shall work in harmony with and not interfere with workers or contractors of Landlord or other tenants of Landlord. If Tenant’s contractors, workers or suppliers do, in the opinion of Landlord, cause such disharmony or interference, Landlord’s consent to the continuation of such work may be withdrawn upon written notice to Tenant. All Tenant Alterations shall be (1) completed in accordance with the plans and specifications approved by Landlord; (2) completed in accordance with all Governmental Requirements (including without limitation all Access Laws)Requirements; (3) carried out promptly in a good and workmanlike manner; (4) of all new materials; and (5) free of defect in materials and workmanship. In addition to the above requirements, Tenant shall use commercially reasonable efforts to contract for services to be performed in or about the Premises with companies which are a Responsible Contractor. A “Responsible Contractor” is defined as a contractor or subcontractor who pays workers a fair wage and Fair Benefits as evidenced by payroll and employee records and who complies with a service-disabled veteran business policy. “Fair Benefits” are defined as including employer-paid family health care coverage, pension benefits, and apprenticeship programs. Any and all Tenant Alterations shall adhere to the design and construction requirements set forth in Exhibit K attached hereto. Any and all Tenant Alterations that affects at least fifty percent (50%) of the Premises will be performed in accordance with Landlord’s sustainability practices (as same may be in effect or amended or supplemented from time to time), and any Green Agency Ratings, as the same may change from time to time. Tenant further agrees to use reasonable efforts to engage a qualified third party LEED or Green Globe Accredited Professional or similarly qualified professional during the design phase through implementation of any Tenant Alterations covered by the preceding sentence, in order to review all plans, material procurement, demolition, construction and waste management procedures to ensure they are in full conformance to Landlord’s sustainability practices, as aforesaid, and Tenant agrees to use reasonable efforts to seek and maintain LEED for Commercial Interiors certification for such Tenant Alterations. Notwithstanding the foregoing, in exercising such reasonable efforts to engage a qualified third party LEED or Green Globe Accredited Professional or to seek and maintain LEED for Commercial Interiors certification for such Tenant Alterations, Tenant shall not be required to incur, as to any material component of the Tenant Alterations, a substantial increase in the cost of such component of the Tenant Alterations. Tenant shall pay for all damage to the Premises, Building and Land caused by Tenant or Tenant’s Agents; and (5) performed in strict conformity with valid building permits and other authorizations from appropriate governmental agencies, when required, which shall be obtained by Tenant, at Tenant’s expense. 4.5.2 In addition to the requirements set forth in subparagraph 4.5.1 above, . Tenant shall use commercially reasonable efforts to contract for services to be performed indemnify, defend and hold harmless Landlord and Landlord’s Agents from any Claims arising as a result of the Tenant Alterations or any defect in design, material or about the Premises with Responsible Contractors (hereinafter defined). As used in this Lease, the term “Responsible Contractor” shall mean a contractor or subcontractor who pays workers a fair wage and Fair Benefits (hereinafter defined) as evidenced by payroll and employee records and who complies with the service-disabled veteran business (“SDV/BE”) policy. As used in this Lease, the term “Fair Benefits” shall mean employer-paid family health care coverage, pension benefits, and apprenticeship programsworkmanship of any Tenant Alterations.

Appears in 1 contract

Samples: Gross Lease (Akcea Therapeutics, Inc.)

Tenant’s Work Performance. 4.5.1 If Tenant performs Any Tenant Alterations which cost more than $100,000.00 in the aggregate and which require a building permit to undertake, Landlord may, in its absolute discretion, require that Tenant provide a payment and performance bond to cover the entire work to be performed, which bond must be in form, amount and by a company reasonably acceptable to Landlord. Any Tenant Improvements or Tenant Alterations (including any Telecommunications Facilities and/or any telecommunications cabling or wiring, and any furniture installation), and any other work to be performed by Tenant under this paragraph shall be performed by contractors employed by Tenant under one or more construction contracts, in form and content approved in advance in writing by Landlord (which approval shall be subject to Landlord, such approval not to be unreasonably withheld, conditioned or delayed. With respect to any construction contracts for work to be performed on behalf of Tenant, such contracts shall 's discretion and may include a requirement that the prime contractor and the respective subcontractors of any tier performing the Tenant Alterationstier: (a) be parties to, and bound by, a collective bargaining agreement with a labor organization affiliated with the Building and Construction Trades Council of the AFL-AFL CIO or with an independent, nationally recognized labor organization or one of its affiliated local organizations applicable to the geographic area in which the Building is located and to the trade or trades in which the work under the contract is to be performed and (b) employ only members of such labor organizations to perform work within their respective jurisdictions jurisdictions); provided, however, that the requirements of clauses (the “Contractor Requirements”)a) and (b) above shall not apply to any Permitted Alterations. Tenant’s 's contractors, workers and suppliers shall work in harmony with and not interfere with workers or contractors of Landlord or other tenants of Landlord. If Subject to Tenant’s 's right to use non-union labor for Permitted Alterations (provided, however, that Tenant shall not perform any Permitted Alterations using non-union labor during such times as Landlord's Agents are also performing work in the Premises), if Tenant's contractors, workers or suppliers do, in the opinion of Landlord, cause such disharmony or interference, Landlord’s 's consent to the continuation of such work may be withdrawn upon written notice to Tenant. All Tenant Alterations shall be (1) completed in accordance with the plans and specifications approved by Landlord; (2) completed in accordance with all Governmental Requirements (including without limitation all Access Laws)Requirements; (3) carried out promptly in a good and workmanlike manner; (4) of all new materials; and (5) free of defect in materials and workmanship. Tenant shall pay for all damage to the Premises, Building and Land caused by Tenant or Tenant’s 's Agents; and (5) performed in strict conformity with valid building permits and other authorizations from appropriate governmental agencies, when required, which shall be obtained by Tenant, at Tenant’s expense. 4.5.2 In addition to the requirements set forth in subparagraph 4.5.1 above, . Tenant shall use commercially reasonable efforts to contract for services to be performed in indemnify, defend and hold harmless Landlord and Landlord's Agents from any Claims arising as a result of the Tenant Alterations or about the Premises with Responsible Contractors (hereinafter defined). As used in this Leaseany defective design, the term “Responsible Contractor” shall mean a contractor material or subcontractor who pays workers a fair wage and Fair Benefits (hereinafter defined) as evidenced by payroll and employee records and who complies with the service-disabled veteran business (“SDV/BE”) policy. As used in this Lease, the term “Fair Benefits” shall mean employer-paid family health care coverage, pension benefits, and apprenticeship programsworkmanship of any Tenant Alterations.

Appears in 1 contract

Samples: Lease (MRV Communications Inc)

Tenant’s Work Performance. 4.5.1 If Tenant performs Tenant Alterations which cost more than $100,000.00 in the aggregate and which require a building permit to undertake, Landlord may, in its absolute discretion, require that Tenant provide a payment and performance bond to cover the entire work to be performed, which bond must be in form, amount and by a company reasonably acceptable to Landlord. Any Tenant Improvements or Tenant Alterations (including any Telecommunications Facilities and/or any telecommunications cabling or wiring, and any furniture installation), and any other All construction work to be performed by Tenant that requires Landlord’s consent pursuant to this Lease shall be performed by contractors employed by Tenant under one or more construction contracts, in form and content approved in advance in writing by Landlord, such Landlord (which approval shall not to be unreasonably withheld, conditioned or delayed). With respect Without limiting the generality of the foregoing, Landlord shall have the right to any construction contracts for work to be performed on behalf of Tenant, such contracts shall include a requirement require that the prime contractor and the respective subcontractors of any tier performing the Tenant Alterationssubcontractors: (a) be parties to, and bound by, a collective bargaining agreement with a labor organization affiliated with the Building and Construction Trades Council of the AFL-CIO or with an independent, nationally recognized labor organization or one of its affiliated local organizations applicable to the geographic area in which the Building is located and to the trade or trades in which the work under the contract is to be performed and (b) employ only members of such labor organizations to perform work within their respective jurisdictions (the “Contractor Requirements”)jurisdictions. Tenant’s contractors, workers and suppliers shall work in harmony with and not unreasonably interfere with workers or contractors of Landlord or other tenants of Landlordtenants. If Tenant’s contractors, workers or suppliers do, in the opinion unreasonably interfere with workers or contractors of Landlord, cause such disharmony Landlord or interferenceother tenants, Landlord’s consent to the continuation of such work may be withdrawn upon not less than two (2) days prior written notice to Tenant. All Tenant Alterations shall be (1) completed in accordance with the plans and specifications approved by Landlord; (2) completed in accordance with all Governmental Requirements (including without limitation all Access Laws)Requirements; (3) carried out promptly in a good and workmanlike manner; (4) free of defect in materials and workmanship; and (5) reviewed for quality control (punchlisted) by Landlord’s construction manager. Any and all portions of the Tenant Alterations not substantially in accordance with the plans and specifications approved by Landlord pursuant to Paragraph 4.5 or otherwise not in conformance with the existing quality and standards of the Building shall be corrected by Tenant, at Tenant’s expense, within thirty (30) days after notification of such defects by Landlord. If Tenant fails to bring the work in question up to the existing Building standard within such 30 day period, Landlord may complete such work (but shall have no obligation to do so) and Tenant shall pay the entire cost thereof to Landlord within thirty (30) calendar days after Tenant’s receipt of Landlord’s written demand therefor. Tenant shall pay for all damage to the Premises, Building and Land caused by Tenant or Tenant’s Agents; and (5) performed in strict conformity with valid building permits and other authorizations from appropriate governmental agencies, when required, which shall be obtained by Tenant, at Tenant’s expense. 4.5.2 In addition to the requirements set forth in subparagraph 4.5.1 above, . Tenant shall use commercially reasonable efforts to contract for services to be performed indemnify, defend and hold harmless Landlord and Landlord’s Agents from any Claims arising as a result of any defect in design, material or about workmanship of any Tenant Alterations completed by or at the Premises with Responsible Contractors (hereinafter defined). As used in this Lease, the term “Responsible Contractor” shall mean a contractor or subcontractor who pays workers a fair wage and Fair Benefits (hereinafter defined) as evidenced by payroll and employee records and who complies with the service-disabled veteran business (“SDV/BE”) policy. As used in this Lease, the term “Fair Benefits” shall mean employer-paid family health care coverage, pension benefits, and apprenticeship programsdirection of Tenant.

Appears in 1 contract

Samples: Office Lease (Cephalon Inc)

Tenant’s Work Performance. 4.5.1 If Landlord permits Tenant performs to perform any Tenant Alterations, then the Tenant Alterations which cost more than $100,000.00 in the aggregate and which require a building permit to undertake, Landlord may, in its absolute discretion, require that Tenant provide a payment and performance bond to cover the entire work to be performed, which bond must be in form, amount and by a company reasonably acceptable to Landlord. Any Tenant Improvements or Tenant Alterations (including any Telecommunications Facilities and/or any telecommunications cabling or wiring, and any furniture installation), and any other work to be performed by Tenant shall be performed by contractors employed by Tenant under one or more construction contracts, in form and content approved in advance in writing by Landlord (which approval shall be subject to Landlord, such approval not to be unreasonably withheld, conditioned or delayed. With respect to any construction contracts for work to be performed on behalf of Tenant, such contracts shall 's discretion and may include a requirement that the prime contractor and the respective subcontractors of any tier performing the Tenant Alterationssubcontractors: (a) be parties to, and bound by, a collective bargaining agreement with a labor organization affiliated with the Building and Construction Trades Council of the AFL-CIO or with an independent, nationally recognized labor organization or one of its affiliated local organizations applicable to the geographic area in which the Building is located and to the trade or trades in which the work under the contract is to be performed locals, and (b) solely employ only members of such labor organizations to perform work within their respective jurisdictions (the “Contractor Requirements”)solely. Tenant’s 's contractors, workers and suppliers shall work in harmony with and not interfere with workers or contractors of Landlord or other tenants of Landlord. If Tenant’s 's contractors, workers or suppliers do, in the opinion of Landlord, cause such disharmony or interference, Landlord’s 's consent to the continuation of such work may be withdrawn upon written notice to Tenant. All Tenant Alterations shall be (1) completed in accordance with the plans and specifications approved by Landlord; (2) completed in accordance with all Governmental Requirements (including without limitation all Access Laws)Requirements; (3) carried out promptly in a good and workmanlike manner; (4) of all new materials; and (5) free of defect in materials and workmanship. Tenant shall pay for all damage to the Premises, Building and Land caused by Tenant or Tenant’s 's Agents; and (5) performed in strict conformity with valid building permits and other authorizations from appropriate governmental agencies, when required, which shall be obtained by Tenant, at Tenant’s expense. 4.5.2 In addition to the requirements set forth in subparagraph 4.5.1 above, . Tenant shall use commercially reasonable efforts to contract for services to be performed indemnify, defend and hold harmless Landlord and Landlord's Agents from any Claims arising as a result of any defect in design, material or about the Premises with Responsible Contractors (hereinafter defined). As used in this Lease, the term “Responsible Contractor” shall mean a contractor or subcontractor who pays workers a fair wage and Fair Benefits (hereinafter defined) as evidenced by payroll and employee records and who complies with the service-disabled veteran business (“SDV/BE”) policy. As used in this Lease, the term “Fair Benefits” shall mean employer-paid family health care coverage, pension benefits, and apprenticeship programsworkmanship of any Tenant Alterations.

Appears in 1 contract

Samples: Full Service Gross Lease (Dynamic Biometric Systems, Inc.)

Tenant’s Work Performance. 4.5.1 If Tenant performs Tenant Alterations which cost more than $100,000.00 in the aggregate and which require a building permit to undertake, Landlord may, in its absolute discretion, require that Tenant provide a payment and performance bond to cover the entire work to be performed, which bond must be in form, amount and by a company reasonably acceptable to Landlord. Any Tenant Improvements or Tenant Alterations (including any Telecommunications Facilities and/or any telecommunications cabling or wiring, and any furniture installation), and any other All construction work to be performed by Tenant that requires Landlord’s consent pursuant to this Lease shall be performed by contractors employed by Tenant under one or more construction contracts, in form and content approved in advance in writing by Landlord (which approval shall be subject to Landlord, such approval not to be unreasonably withheld, conditioned or delayed. With respect to any construction contracts for work to be performed on behalf of Tenant, such contracts shall ’s discretion and may include a requirement that the prime contractor and the respective subcontractors of any tier performing the Tenant Alterationssubcontractors: (a) be parties to, and bound by, a collective bargaining agreement with a labor organization affiliated with the Building and Construction Trades Council of the AFL-CIO or with an independent, nationally recognized labor organization or one of its affiliated local organizations applicable to the geographic area in which the Building is located and to the trade or trades in which the work under the contract is to be performed and (b) employ only members of such labor organizations to perform work within their respective jurisdictions (the “Contractor Requirements”jurisdictions). Tenant’s contractors, workers and suppliers shall work in harmony with and not interfere with workers or contractors of Landlord or other tenants of Landlord. If Tenant’s contractors, workers or suppliers do, in the opinion of Landlord, cause such disharmony or interference, Landlord’s consent to the continuation of such work may be withdrawn upon written notice to Tenant. All Tenant Alterations shall be (1) completed in accordance with the plans and specifications approved by Landlord; (2) completed in accordance with all Governmental Requirements (including without limitation all Access Laws)Requirements; (3) carried out promptly in a good and workmanlike manner; (4) of all new materials; (5) free of defect in materials and workmanship; and (6) inspected for quality control (punchlisted) by Landlord’s construction manager. Any and all portions of the Tenant Alterations not in accordance with the plans and specifications approved by Landlord pursuant to Section 4.5 or otherwise not meeting Landlord’s quality and building standards shall be corrected by Tenant, at Tenant’s expense, within thirty (30) days after notification of such defects by Landlord. If Tenant fails to bring the work in question up to the required standards within such 30 day period, Landlord may complete such work (but shall have no obligation to do so) and Tenant shall pay the entire cost thereof to Landlord within fifteen (15) calendar days after Tenant’s receipt of Landlord’s written demand therefor. Tenant shall pay for all damage to the Premises, Building and Land caused by Tenant or Tenant’s Agents; and (5) performed in strict conformity with valid building permits and other authorizations from appropriate governmental agencies, when required, which shall be obtained by Tenant, at Tenant’s expense. 4.5.2 In addition to the requirements set forth in subparagraph 4.5.1 above, . Tenant shall use commercially reasonable efforts to contract for services to be performed indemnify, defend and hold harmless Landlord and Landlord’s Agents from any Claims arising as a result of any defect in design, material or about workmanship of any Tenant Alterations completed by or at the Premises with Responsible Contractors (hereinafter defined). As used in this Lease, the term “Responsible Contractor” shall mean a contractor or subcontractor who pays workers a fair wage and Fair Benefits (hereinafter defined) as evidenced by payroll and employee records and who complies with the service-disabled veteran business (“SDV/BE”) policy. As used in this Lease, the term “Fair Benefits” shall mean employer-paid family health care coverage, pension benefits, and apprenticeship programsdirection of Tenant.

Appears in 1 contract

Samples: Consent to Sublease (Cephalon Inc)

Tenant’s Work Performance. 4.5.1 If Tenant performs Tenant Alterations which cost more than $100,000.00 in of the aggregate and which require a building permit to undertakeLease is hereby amended by deleting the fourth (4th), Landlord mayfifth (5th), in its absolute discretion, require that Tenant provide a payment and performance bond to cover the entire work to be performed, which bond must be in form, amount and by a company reasonably acceptable to Landlord. Any Tenant Improvements or Tenant Alterations sixth (including any Telecommunications Facilities and/or any telecommunications cabling or wiring, and any furniture installation6th), and any other work to be performed by Tenant seventh (7th) full sentences of the paragraph in their entirety, resulting in the removal of the following language from the Lease: “Approval shall be performed by contractors employed by Tenant under one or more construction contracts, in form subject to Landlord’s reasonable discretion and content approved in advance in writing by Landlord, such approval not to be unreasonably withheld, conditioned or delayed. With respect to any construction contracts for work to be performed on behalf of Tenant, such contracts shall include a requirement that the prime contractor and the respective subcontractors of any tier performing the Tenant Alterations: (a) be parties to, and bound by, a collective bargaining agreement with a labor organization affiliated with the Building and Construction Trades Council of the AFL-CIO or with an independent, nationally recognized labor organization or one of its affiliated local organizations applicable to the geographic area in which the Building is located and to the trade or trades in which the work under the contract is to be performed and (b) employ only members of such labor organizations to perform work within their respective jurisdictions (the “Contractor Requirements”)jurisdictions. Tenant’s contractors, workers and suppliers The previous sentence shall work in harmony with and not interfere with workers or contractors of apply whether it is Landlord or other tenants Tenant performing or contracting for any such alterations, additions, improvements or installations. Waivers or exceptions to the requirement in the third [sic] sentence of this paragraph may be given only in writing by the Landlord. If Tenant’s contractorsWith the specific, workers or suppliers do, in the opinion prior written approval of Landlord, cause such disharmony or interference, which may be withheld in Landlord’s consent to sole and absolute discretion, in clause (a) of the continuation third [sic] sentence of such work this paragraph the following substitutions may be withdrawn upon written notice to Tenant. made: (1) a project labor agreement in place of a collective bargaining agreement, and (2) an independent, nationally recognized labor organization in place of a labor organization affiliated with the Building and Construction Trades Council of the AFL-CIO.” and substituting the following in lieu thereof: “All Tenant Alterations made by or on behalf of Tenant shall be made and performed: (1a) completed in accordance with the plans and specifications by contractors or mechanics approved by Landlord; , who shall carry liability insurance of a type and in such amounts as Landlord shall reasonably require, naming Landlord and Tenant as additional insureds, (2b) completed in accordance with all Governmental Requirements (including without limitation all Access Laws); (3) carried out promptly in a good and workmanlike manner; , (4c) free of defect so that same shall be at least equal in materials quality, value, and workmanship. Tenant shall pay for all damage utility to the Premises, Building original work or installation and Land caused by Tenant or Tenant’s Agents; and (5) performed shall be in strict conformity with valid Landlord’s building permits and other authorizations from appropriate governmental agencies, when required, which shall be obtained by Tenant, at Tenant’s expense. 4.5.2 In addition to the requirements standard specifications as set forth in subparagraph 4.5.1 aboveExhibit C-2 attached hereto and as the same may be amended by Landlord and in effect at such time, Tenant shall use commercially reasonable efforts to contract for services to be performed (d) in or about the Premises accordance with Responsible Contractors (hereinafter defined). As used in this Lease, the term “Responsible Contractor” shall mean a contractor or subcontractor who pays workers a fair wage and Fair Benefits (hereinafter defined) as evidenced by payroll and employee records and who complies with the service-disabled veteran business (“SDV/BE”) policy. As used in this Lease, the term “Fair Benefits” shall mean employer-paid family health care coverage, pension benefitsall applicable laws, and apprenticeship programs(e) pursuant to plans, drawings and specifications which have been reviewed and approved by Landlord prior to the commencement of the repairs or replacements and approved by, and filed with, all applicable governmental authorities.

Appears in 1 contract

Samples: Lease (Endurance International Group Holdings, Inc.)

Tenant’s Work Performance. 4.5.1 If Landlord elects to require Tenant performs to ------------------------- perform the Tenant Alterations which cost more than $100,000.00 in the aggregate and which require a building permit to undertakeAlterations, Landlord may, in its absolute discretion, require that Tenant provide a payment and performance bond to cover the entire work to be performed, which bond must be in form, amount and by a company reasonably acceptable to Landlord. Any Tenant Improvements or A ny Tenant Alterations (including any Telecommunications Facilities and/or any telecommunications cabling or wiring, and any furniture installation), and any other work to be performed by Tenant under this section shall be performed by contractors employed by Tenant under one or more construction contracts, in form and content approved in advance in writing by Landlord. So long as the present Landlord, or any affiliated entity, is the owner of the Building, such approval not to be unreasonably withheldconstruction contracts, conditioned or delayed. With respect to any construction contracts for work to be performed on behalf of Tenantshall, such contracts shall in Landlord's discretion, include a requirement that the prime contractor and the respective subcontractors of any tier performing the Tenant Alterationstier: (a) be parties to, and bound by, a collective bargaining agreement with a labor organization affiliated with the Building and Construction Trades Council of the AFL-CIO or with an independent, nationally recognized labor organization or one of its affiliated local organizations applicable to the geographic area in which the Building is located and to the trade or trades in which the work under the contract is to be performed CIO; and (b) employ only members of such labor organizations to perform work within their respective jurisdictions provided, however, that Tenant shall have the right to engage specialty contractors who are not subject to the requirements of clauses (a) or (b) of this sentence for the “Contractor Requirements”)sole purpose of completing Tenant Alterations in the Premises related to Tenant's furniture, fixtures and equipment or to perform Decorative Tenant Alterations, as defined in Section 4.4. 1. Tenant’s 's contractors, workers and suppliers shall work in harmony with and not interfere with workers or contractors of Landlord or other tenants of Landlord. If Tenant’s 's contractors, workers or suppliers do, in the opinion of Landlord, cause such disharmony or interference, Landlord’s 's consent to the continuation of such work may be withdrawn upon written notice to Tenant. All Tenant Alterations shall be (1) completed in accordance with the plans and specifications approved by Landlord; (2) completed in accordance with all Governmental Requirements (including without limitation all Access Laws)Requirements; (3) carried out promptly in a good and workmanlike manner; (4) of all new materials; and (5) free of defect in materials and workmanship. Tenant shall pay for all damage to the Premises, Building and Land caused by Tenant or Tenant’s 's Agents; and (5) performed in strict conformity with valid building permits and other authorizations from appropriate governmental agencies, when required, which shall be obtained by Tenant, at Tenant’s expense. 4.5.2 In addition to the requirements set forth in subparagraph 4.5.1 above, . Tenant shall use commercially reasonable efforts to contract for services to be performed indemnify, defend and hold harmless Landlord and Landlord's Agents from any Claims arising as a result of the Tenant Alterations or any defect in design, material or about the Premises with Responsible Contractors (hereinafter defined). As used in this Lease, the term “Responsible Contractor” shall mean a contractor or subcontractor who pays workers a fair wage and Fair Benefits (hereinafter defined) as evidenced by payroll and employee records and who complies with the service-disabled veteran business (“SDV/BE”) policy. As used in this Lease, the term “Fair Benefits” shall mean employer-paid family health care coverage, pension benefits, and apprenticeship programsworkmanship of any Tenant Alterations.

Appears in 1 contract

Samples: Lease Agreement (Digex Inc/De)

Tenant’s Work Performance. 4.5.1 If Unless Tenant performs elects to have Landlord perform the Tenant Alterations, Tenant Alterations which cost more than $100,000.00 in the aggregate and which require a building permit to undertake, Landlord may, in its absolute discretion, require that Tenant provide a payment and performance bond to cover the entire work to be performed, which bond must be in form, amount and by a company reasonably acceptable to Landlord. Any Tenant Improvements or Tenant Alterations (including any Telecommunications Facilities and/or any telecommunications cabling or wiring, and any furniture installation), and any other work to be performed by Tenant under this paragraph shall be performed by contractors employed by Tenant under one or more construction contracts, in form and content approved in advance in writing by Landlord, such approval not to be unreasonably withheld, conditioned or delayed. With respect to any construction contracts for work Tenant Alterations that require Landlord's approval, approval shall be subject to be performed on behalf of Tenant, such contracts Landlord's discretion as provided in the preceding subsection and shall include a requirement that the prime contractor and the respective subcontractors of any tier performing the Tenant Alterations: (a) be parties to, and bound by, a collective bargaining agreement with a labor organization affiliated with the Building and Construction Trades Council of the AFL-CIO or with an independent, nationally recognized labor organization or one of its affiliated local organizations applicable to the geographic area in which the Building is located and to the trade or trades in which the work under the contract is to be performed and (b) employ only members of such labor organizations to perform work within their respective jurisdictions (the “Contractor Requirements”)jurisdictions. Tenant’s 's contractors, workers and suppliers shall work in harmony with and not interfere with workers or contractors of Landlord or other tenants of Landlord. If Tenant’s 's contractors, workers or suppliers do, in the reasonable opinion of Landlord, cause such disharmony or interference, Landlord’s 's consent to the continuation of such work may be withdrawn upon written notice to Tenant, pending resolution of such disharmony or interference. All Tenant Alterations shall be (1) completed in accordance with the plans and specifications approved by Landlord; (2) completed in accordance with all Governmental Requirements (including without limitation all Access Laws)Requirements; (3) carried out promptly in a good and workmanlike manner; (4) of all new materials; and (5) free of defect in materials and workmanship. Tenant shall pay for all damage to the Premises, Building and Land caused by Tenant or Tenant’s 's Agents; . Tenant shall indemnify, defend and (5) performed hold harmless Landlord and Landlord's Agents from any Claims arising as a result of the Tenant Alterations or any defect in strict conformity with valid building permits and other authorizations from appropriate governmental agenciesdesign, when requiredmaterial or workmanship of any Tenant Alterations, which shall be obtained by Tenant, at Tenant’s expense. 4.5.2 In addition unless due to the requirements set forth in subparagraph 4.5.1 above, Tenant shall use commercially reasonable efforts to contract for services to be performed in acts or about the Premises with Responsible Contractors (hereinafter defined). As used in this Lease, the term “Responsible Contractor” shall mean a contractor omissions of Landlord or subcontractor who pays workers a fair wage and Fair Benefits (hereinafter defined) as evidenced by payroll and employee records and who complies with the service-disabled veteran business (“SDV/BE”) policy. As used in this Lease, the term “Fair Benefits” shall mean employer-paid family health care coverage, pension benefits, and apprenticeship programsLandlords' Agents.

Appears in 1 contract

Samples: Office Lease (Gp Strategies Corp)

Tenant’s Work Performance. 4.5.1 If Landlord elects to allow Tenant performs to perform the Tenant Alterations, then the Tenant Alterations which cost more than $100,000.00 in the aggregate and which require a building permit to undertake, Landlord may, in its absolute discretion, require that Tenant provide a payment and performance bond to cover the entire work to be performed, which bond must be in form, amount and by a company reasonably acceptable to Landlord. Any Tenant Improvements or Tenant Alterations (including any Telecommunications Facilities and/or any telecommunications cabling or wiring, and any furniture installation), and any other work to be performed by Tenant shall be performed by contractors employed by Tenant under one or more construction contracts, in form and content approved in advance in writing by Landlord (which approval shall be subject to Landlord, such approval 's discretion (but shall not to be unreasonably withheld, conditioned or delayed. With respect to any construction contracts for work to be performed on behalf of Tenant, such contracts shall ) and may include a requirement that the prime contractor and the respective subcontractors of any tier performing the Tenant Alterationssubcontractors: (a) be parties to, and bound by, a collective bargaining agreement with a labor organization affiliated with the Building and Construction Trades Council of the AFL-CIO or with an independent, nationally recognized labor organization or one of its affiliated local organizations applicable to the geographic area in which the Building is located and to the trade or trades in which the work under the contract is to be performed and (b) employ only members of such labor organizations to perform work within their respective jurisdictions (the “Contractor Requirements”jurisdictions). Tenant’s 's contractors, workers and suppliers shall work in harmony with and not interfere with workers or contractors of Landlord or other tenants of Landlord. If Tenant’s 's contractors, workers or suppliers do, in the opinion of Landlord, cause such disharmony or interference, Landlord’s 's consent to the continuation of such work may be withdrawn upon written notice to Tenant. All Tenant Alterations shall be (1) completed in accordance with the plans and specifications approved by Landlord; , (2) completed in accordance with all Governmental Requirements (including without limitation all Access Laws)Requirements; (3) carried out promptly in a good and workmanlike manner; (4) of all new materials; (5) free of defect in materials and workmanship; and (6) inspected for quality control (punchlisted) by Landlord's construction manager. Any and all portions of the Tenant Alterations not meeting Landlord's quality and building standards shall be corrected by Tenant, at Tenant's expense, within thirty (30) days after notification of such defects by Landlord. If Tenant fails to bring the work in question up to the required standards within such 30 day period. Landlord may complete such work (but shall have no obligation to do so) and Tenant shall pay the entire cost thereof to Landlord within ten (10) calendar days after Tenant's receipt of Landlord's written demand therefor. Tenant shall pay for all damage to the Premises, Building and Land caused by Tenant or Tenant’s 's Agents; and (5) performed in strict conformity with valid building permits and other authorizations from appropriate governmental agencies, when required, which shall be obtained by Tenant, at Tenant’s expense. 4.5.2 In addition to . If Tenant performs the requirements set forth in subparagraph 4.5.1 aboveTenant Alterations, Tenant shall use commercially reasonable efforts to contract for services to be performed indemnify, defend and hold harmless Landlord and Landlord's Agents from any Claims arising as a result of any defect in design, material or about the Premises with Responsible Contractors (hereinafter defined). As used in this Lease, the term “Responsible Contractor” shall mean a contractor or subcontractor who pays workers a fair wage and Fair Benefits (hereinafter defined) as evidenced by payroll and employee records and who complies with the service-disabled veteran business (“SDV/BE”) policy. As used in this Lease, the term “Fair Benefits” shall mean employer-paid family health care coverage, pension benefits, and apprenticeship programsworkmanship of any Tenant Alterations.

Appears in 1 contract

Samples: Office Lease (Eloyalty Corp)

Tenant’s Work Performance. 4.5.1 If Tenant performs Tenant Alterations which cost more than costing in excess of $100,000.00 in the aggregate and which require a building permit to undertake50,000, Landlord may, in its absolute discretion, require that Tenant provide a payment and performance bond (or in lieu thereof, a letter of credit) to cover the entire work to be performed, which bond (or letter of credit) must be in form, amount and by a company reasonably acceptable to Landlord. Any Tenant Improvements or Tenant Alterations (including any Telecommunications Facilities and/or any telecommunications cabling or wiring, and any furniture installation), and any other work costing in excess of $50,000 to be performed by Tenant shall be performed by contractors employed by Tenant under one or more construction contracts, in form and content approved in advance in writing by Landlord, such which approval shall not to be unreasonably withheld, conditioned withheld or delayed. With respect Approval shall be subject to any construction contracts for work to be performed on behalf of Tenant, such contracts Landlord’s discretion and shall include a requirement that mat the prime contractor and the respective subcontractors of any tier performing the Tenant Alterations: (a) be parties a party to, and or bound by, a collective bargaining agreement applicable to the geographic area in which the Land is located, applicable to the trade or trades in which the work under the contract is to be performed, and entered with a one or more labor organization organizations affiliated with the Building and Construction Trades Council Department of the AFL-CIO or with an independent, nationally recognized labor organization or one of its affiliated local organizations applicable to the geographic area in which the Building is located and to the trade or trades in which the work under the contract is to be performed and locals, (b) solely employ only members of such labor organizations to perform work within their respective jurisdictions jurisdictions, and (c) require each subcontractor of every tier who performs any work on the “Contractor Requirements”Project to comply with the provisions of clauses (a) and (b). Tenant’s contractors, workers and suppliers shall work in harmony with and not interfere with workers or contractors of Landlord or other tenants of Landlord. If Tenant’s contractors, workers or suppliers do, in the reasonable opinion of Landlord, cause such disharmony or interference, Landlord’s consent to the continuation of such work may be withdrawn upon written notice to Tenant. All Tenant Alterations shall be (1) completed in accordance with the plans and specifications approved by Landlord, which approval shall not be unreasonably withheld or delayed; (2) completed in accordance with all Governmental Requirements (including without limitation all Access Laws)Requirements; (3) carried out promptly in a good and workmanlike manner; (4) of all new materials; and (5) free of defect in materials and workmanship. Tenant shall pay for all damage to the Premises, Building and Land caused by Tenant or Tenant’s Agents; and (5) performed in strict conformity with valid building permits and other authorizations from appropriate governmental agencies, when required, which shall be obtained by Tenant, at Tenant’s expense. 4.5.2 In addition to the requirements set forth in subparagraph 4.5.1 above, . Tenant shall use commercially reasonable efforts to contract for services to be performed indemnify, defend and hold harmless Landlord and Landlord’s Agents from any Claims arising as a result of the construction of the Tenant Alterations in accordance with this Section or about the Premises with Responsible Contractors (hereinafter defined). As used any defect in this Leasedesign, the term “Responsible Contractor” shall mean a contractor material or subcontractor who pays workers a fair wage and Fair Benefits (hereinafter defined) as evidenced by payroll and employee records and who complies with the service-disabled veteran business (“SDV/BE”) policy. As used in this Lease, the term “Fair Benefits” shall mean employer-paid family health care coverage, pension benefits, and apprenticeship programsworkmanship of any Tenant Alterations.

Appears in 1 contract

Samples: Sublease Agreement (Thermage Inc)

Tenant’s Work Performance. 4.5.1 If Tenant performs shall perform Tenant Alterations which cost more than $100,000.00 in the aggregate and which require a building permit to undertake, Landlord may, in its absolute discretion, require that Tenant provide a payment and performance bond to cover the entire work to be performed, which bond must be in form, amount and by a company reasonably acceptable to Landlord. Any Tenant Improvements or Tenant Alterations (including any Telecommunications Facilities and/or any telecommunications cabling or wiring, and any furniture installation), and any other work to be performed by Tenant shall be performed by ------------------------- using contractors employed by Tenant under one or more construction contracts, in form and content approved in advance in writing by Landlord (which approval shall be subject to Landlord, such approval not to be unreasonably withheld, conditioned or delayed. With respect to any construction contracts for work to be performed on behalf of Tenant, such contracts shall 's reasonable discretion and may include a requirement that the prime contractor and the respective subcontractors of any tier performing the Tenant Alterationssubcontractors: (a) be parties to, and bound by, a collective bargaining agreement with a labor organization affiliated with the Building and Construction Trades Council of the AFL-CIO or with an independent, nationally recognized labor organization or one of its affiliated local organizations applicable to the geographic area in which the Building is located and to the trade or trades in which the work under the contract is to be performed and (b) employ only members of such labor organizations to perform work within their respective jurisdictions (the “Contractor Requirements”jurisdictions). Tenant’s 's contractors, workers and suppliers shall work in harmony with and not interfere with workers or contractors of Landlord or other tenants of Landlord. If Tenant’s 's contractors, workers or suppliers do, in the opinion of Landlord, cause such disharmony or interference, Landlord’s 's consent to the continuation of such work may be withdrawn upon written notice to Tenant. All Tenant Alterations shall be (1) completed in accordance with the plans and specifications approved by Landlord; (2) completed in accordance with all Governmental Requirements (including without limitation all Access Laws)Requirements; (3) carried out promptly in a good and workmanlike manner; (4) of all new materials; (5) free of defect in materials and workmanship; and (6) inspected for quality control (punchlisted) by Landlord's construction manager. Any and all portions of the Tenant Alterations not meeting Landlord's quality and building standards shall be corrected by Tenant, at Tenant's expense, within thirty (30) days after notification of such defects by Landlord. If Tenant fails to bring the work in question up to the required standards within such 30 day period, Landlord may complete such work (but shall have no obligation to do so) and Tenant shall pay the entire cost thereof to Landlord within ten (10) calendar days after Tenant's receipt of Landlord's written demand therefor. Upon completion of the Tenant Alterations and upon presentation of an invoice from Landlord, Tenant shall pay Landlord an amount equal to Landlord's actual costs and expenses incurred in coordinating, supervising and inspecting the Tenant Alterations. Tenant shall pay for all damage to the Premises, Building and Land caused by Tenant or Tenant’s 's Agents; and (5) performed in strict conformity with valid building permits and other authorizations from appropriate governmental agencies, when required, which shall be obtained by Tenant, at Tenant’s expense. 4.5.2 In addition to the requirements set forth in subparagraph 4.5.1 above, . Tenant shall use commercially reasonable efforts to contract for services to be performed indemnify, defend and hold harmless Landlord and Landlord's Agents from any Claims arising as a result of any defect in design, material or about the Premises with Responsible Contractors (hereinafter defined). As used in this Lease, the term “Responsible Contractor” shall mean a contractor or subcontractor who pays workers a fair wage and Fair Benefits (hereinafter defined) as evidenced by payroll and employee records and who complies with the service-disabled veteran business (“SDV/BE”) policy. As used in this Lease, the term “Fair Benefits” shall mean employer-paid family health care coverage, pension benefits, and apprenticeship programsworkmanship of any Tenant Alterations.

Appears in 1 contract

Samples: Office Lease (Onepoint Communications Corp /De)

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